Cases
CourtFilingsPetition dateMore filters
These updates were replaced by later case developments and may no longer reflect the current case.
The court approved Burgess BioPower and Berlin Station’s settlement with Public Service Company of New Hampshire, d/b/a Eversource Energy, and authorized the debtors to enter a Local Service Agreement with Eversource and ISO New England. The order resolves Eversource’s administrative expense application, requires Eversource to apply FERC-related refund amounts against 2024 tariff charges, and requires the debtors to pay the net agreement balance within three business days after invoicing plus post a $150,000 cash security deposit within three business days of the agreement effective date. Once those payments are made, Eversource must withdraw its administrative expense application with prejudice under the Eversource settlement order.
This matters because Burgess is no longer just fighting through confirmation-era claims cleanup; it is securing the utility and transmission-service framework needed to operate after emergence. The settlement removes a live administrative-expense dispute with a key utility counterparty while preserving service arrangements for the 75 MW biomass facility, reducing a concrete operational and claims-resolution overhang in the reorganized case.
Burgess BioPower and Berlin Station can solicit votes on their Second Amended Plan after the court approved the adequacy of the disclosure statement and related solicitation procedures in the Disclosure Statement Order. The order sets a May 8 solicitation deadline, May 30 plan supplement deadline, June 4 plan objection deadline, June 6 voting deadline, June 11 voting report and confirmation brief deadlines, and a June 16 confirmation hearing at 2:00 p.m. ET.
The plan is a lender-led reorganization rather than a sale: the Disclosure Statement describes approximately $145 million of secured funded debt, with DIP claimholders receiving 99% of reorganized equity, senior noteholders receiving roughly 1% plus any residual equity after DIP satisfaction, general unsecured creditors receiving no distribution, and existing equity canceled. For professionals tracking case trajectory, the May 5 order moved the case from proposal to active solicitation, with objections and votes now driving whether the biomass power project emerges under lender ownership.
Loading defined terms…