Jonathan Young, a Chicago-based partner in Edwards Wildman's
Restructuring & Insolvency Department, discussed how a potential bankruptcy of TXU/Energy Future Holdings is ripe for the appointment of a mediator or examiner in S&P Capital IQ. In the article, "On Eve Of TXU Filing, Ch. 11 Case Seen As Ripe For Mediation
," Young said, "What [a TXU/Energy Future bankruptcy] amounts to is a negotiation of a post-restructuring capital structure of these entities, and what we’re seeing is a fight over how to allocate that equity. It’s time-consuming, it’s complex. Mediation is a useful vehicle to engage on these issues, and talk about where a contested matter would go without having to spend the eight months or two years to get to the end."