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Reporter(s)

Caroline Sessions, Yun-Da Tsai

Escalera Resources Company, Re, Bankruptcy judgment, ILDC 2959 (US 2017), 563 BR 336 (Bankr D Colo 2017), 10th February 2017, United States; Colorado; Bankruptcy Court for the District of Colorado [Bankr D Colo]

From: Oxford Public International Law (http://opil.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 29 June 2022

Whether a United States (US) court could turn to multilateral treaties between the US and other states for determining if electrical energy a creditor supplied in the days leading up to a debtor’s bankruptcy constituted ‘goods’ entitled to priority status under the US Bankruptcy Code when there was no statutory definition, binding federal precedent, or applicable legislative history to inform the meaning of ‘goods’.

Whether and to what extent electrical energy was considered a ‘good’ under the North American Free Trade Agreement, the United Nations Convention on the International Sale of Goods, and documents of the World Trade Organization.

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