
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: December 13, 2016

Partner
201-896-7095 jglucksman@sh-law.comAfter filing for chapter 11 bankruptcy earlier this year, renewable energy developer SunEdison recently found a buyer for some of its assets. In a recent blog post, NRG Energy announced it had purchased 1,500 megawatts worth of assets from SunEdison. Those properties consist of utility-scale wind and solar-photovoltaic projects that are either currently in operation or are being developed throughout the U.S.
Back in August, The Wall Street Journal reported that Judge Stuart Bernstein ruled that shareholders wouldn’t have an official say in SunEdison’s filing because the company’s debts dwarfed its assets by approximately $1 billion. The shareholders wanted an official committee to represent them in the bankruptcy case.
“[Shareholders] have lost money on their investments, and hope that an official committee will capture value for them in the end,” said Bernstein. “The appointment of an Equity Committee, however, will not create value where it does not exist.”
At the time of the Journal’s story, bond investors were trading SunEdison’s debt for 6 cents on the dollar or less, a sign that many had little confidence in the bankruptcy process being able to turn things around for the renewable energy developer.
Forbes contributor Christopher Helman noted that SunEdison’s bankruptcy is part of a bigger issue facing the the energy sector as a whole. He acknowledged Peabody Energy, Energy XXI and Goodrich Petroleum’s recent bankruptcy filings, asserting that “easy” financing enabled companies to grow too fast in anticipation of favorable projections.
Focusing on SunEdison, Helman referenced CEO Ahmad Chatila’s assertion that the renewable energy giant would be as big as Exxon Mobil by 2020. The company made several acquisitions after the fact, buying First Wind for $2.4 billion in 2014. Overall, the company kept initiating projects without generating enough revenue to pay back lenders.
The energy sector’s quite competitive, so it’s not surprising that companies specializing in all kinds of energy products are facing bankruptcy. This competition is only set to grow with the rise of natural gas production, which increased from 2.20 quadrillion cubic feet to 2.23 quadrillion cubic feet on a month-to-month basis in August 2016, according to the U.S. Energy Information Administration. For instance, the U.S. Energy Information Administration found that coal production declined 17 percent from 2015 to 2016.
It’s possible NRG Energy may breathe new life into SunEdison’s projects. With further innovation, the company could see a sizeable return on its investments, assuming it finds a way to produce electricity at a lower cost than natural gas companies.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
For more articles regarding energy companies filing for bankruptcy, check out:
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Whether a client’s prompts to a generative AI tool and the documents it produces are protected from disclosure depends on the case type, who claims protection, and whether counsel was involved. In United States v. Heppner, a New York federal judge ruled that a criminal defendant’s communications with an AI platform were protected by neither […]
Author: Chris Seelinger

When a family member can no longer make important decisions for themself, the question is often not whether the family will step in, but whether they have the legal authority to do so. A spouse may manage household finances, or an adult child may arrange medical care and pay bills. Still, informal assistance does not […]
Author: Marc J. Comer

New Jersey residential developers with affordable housing obligations should carefully review their existing approvals, development agreements, and proposed deed restrictions in light of the State’s revised UHAC regulations (Uniform Housing Affordability Controls). The regulations, which took effect on November 6, 2025, significantly change the administration and physical requirements for affordable housing units. For developers with […]
Author: Wendy Rubinstein Quiroga

A “no comment” response is sometimes the right call when a legal problem arises. As a blanket policy, however, it lets allegations go unanswered, deadlines pass, evidence disappear, and manageable disputes grow into expensive litigation. The businesses that fare best are usually the ones that say little publicly while acting decisively behind the scenes. When […]
Author: Sean M. Pena

Utility-scale battery energy storage systems (BESS) are becoming an increasingly important component of the electric grid throughout New Jersey, New York, and Pennsylvania. As renewable generation expands, electricity demand increases and grid operators seek greater flexibility, battery storage can help balance supply and demand while providing additional capacity and reliability. For developers, battery storage presents […]
Author: Nicholas Wall

A falling out between partners can be disastrous for any business. In many cases, the partnership will not survive. If you are in an unworkable situation with your partners, it may be time to consult a partnership dispute lawyer experienced in handling partnership breakups and dissolutions before the situation deteriorates any further. It is easy […]
Author: Jay McDaniel
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!