NextEra May Seek Disgorgement For $60M EFH Ch. 11 Claim

Law360 (March 26, 2021, 6:21 PM EDT) -- NextEra Energy Inc. told a Delaware bankruptcy judge Friday that it may seek to recover a $60 million administrative expense fee from unsecured creditors of former debtor Energy Future Holdings after an appeals court said NextEra may be entitled to the previously denied claim.

During a status conference, NextEra attorney Jim Bonner of Fleischman Bonner & Rocco LLP said his client is looking to disgorge payments made from the Energy Future Chapter 11 plan trust to unsecured creditor Elliott Management LP because the trust only has about $2 million in cash left to distribute.

"At the point Elliott opposed a stay...

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