In Re: O'Brien Environmental Energy, Inc., Debtor Calpine Corporation v. O'Brien Environmental Energy, Inc., Now Known as Nrg Generating (u.s.), Inc

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• explaining that these were instances \where a benefit could be found\ or \may\ be found
• explaining that these were instances “where a benefit could be found” or “may” be found
• noting that bid protections are not necessary when “a potential purchaser [would] bid whether or not break-up fees are offered”
• stating “we assume that bidding at a sale of O’Brien’s assets constitutes a transaction with the debtor-in-possession for purposes of § 503(b)(1)(A)”
• declining to develop a general common law of breakup fees and noting instead that the provisions of the Bankruptcy Code govern
• holding burden of proof is on administrative expense claimant

Source: CourtListener parenthetical corpus (CC0).