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Bankruptcy Keyed to Levitan, 3rd Ed.
In re Project Orange Associates, LLC
Citation:
431 B.R. 363 (2010)Facts
Project Orange Associates, LLC operated a steam and electricity cogeneration facility in Syracuse, New York. The Debtor attributed its financial difficulties to deregulation of the New York energy market, litigation with Syracuse University, and maintenance issues with two electric turbines manufactured and maintained by General Electric. In 1992, Project Orange and GE entered into a maintenance agreement for the turbines, but starting in 2004, the turbines began experiencing failures that impacted energy production. This led to disputes over invoices, and in 2008, GE commenced an arbitration against Project Orange to recover approximately $7.7 million. The arbitrator awarded GE $4.1 million plus interest. Despite ongoing disputes, the Debtor claimed that “all major litigation with GE has been substantially resolved” and presented a settlement stipulation to the court for approval. DLA Piper disclosed that it represented certain GE affiliates in matters unrelated to the bankruptcy and had obtained a conflict waiver from GE. The waiver stated that DLA Piper would not bring or threaten litigation against GE but could negotiate with GE on all matters and take positions regarding bankruptcy issues that differed from GE’s positions. The Debtor also retained Golenbock Eisenman Assor Bell & Peskoe LLP as conflicts counsel to handle matters involving GE.
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