§ 362(b)(6)

Clear Peak Energy Inc. v. Southern Cal. Edison Co. (In re Clear Peak Energy Inc.)

Debtor, a constructor filed a motion to determine the applicability of the automatic stay. The sole issue to be determined was whether the power purchase and sale agreement entered into between debtor and respondent electric utility constituted a forward contract that was not subject to the provisions of the automatic stay pursuant to 11 U.S.C.S. § 362(b)(6).
Ruling: 
Renewable power purchase and sale agreement with debtor was a forward contract not subject to stay.
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Commercial case opionion summary, case decided on February 26,2013, LexisNexis #0613-040
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