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    Third Circuit Applies Delaware Choice of Law Rules Allowing Subsequent Purchasers of Oil and Gas and Lenders to Prevail against Upstream Producers
    2017-08-07

    On July 19, 2017, the Third Circuit Court of Appeals issued an opinion in Arrow Oil & Gas, Inc., et al. v. J. Aron & Company, et al.(In re Semcrude, L.P., et al.), Case Nos. 15-3094, 15-3095, 15-3096 and 15-3097, affirming the Delaware bankruptcy court and district court, holding that upstream oil producers do not have an automatically perfected statutory security interest in oil sold even if Texas or Kansas law applied.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Hunton Andrews Kurth LLP, Third Circuit
    Authors:
    David A. Zdunkewicz , Edward A. Clarkson, III
    Location:
    USA
    Firm:
    Hunton Andrews Kurth LLP
    Is Offshore Oilfield Services Financing on the Rebound? Two Recent Deals Worth $1B May be the Start
    2017-08-01

    Oil prices hit a low point in 2016, falling below $27 a barrel, a price not seen since 2003. The drop sent ripples across the industry, creating challenges for every player in the supply chain, from oil producers to pipeline companies. A year later, prices have recovered, and the sector is seeing indicators that the toughest of times are behind it. This is particularly true for the offshore oilfield services industry, a subsector that relies on increased oil exploration and production to rebound from the temporary lag in demand for construction services, rigs and support vessels.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Bracewell LLP
    Authors:
    Heather L. Brown , Robin J. Miles
    Location:
    USA
    Firm:
    Bracewell LLP
    The Third Circuit Holds that Automatic Perfection Provisions Are Not So Automatic
    2017-07-24

    Close to ten years have passed since the filing of the chapter 11 cases of Tulsa, Oklahoma-based SemCrude L.P., but this week, the Third Circuit Court of Appeals affirmed a 2015 district court ruling that resolved a dispute between oil producers and downstream purchasers over the perfection and priority of interests in oil sold by SemCrude L.P. and its affiliates. The Third Circuit’s holding in In re SemCrude L.P., --- F.3d ---, 2017 WL 3045889 (3d Cir.

    Filed under:
    USA, Arbitration & ADR, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Bracewell LLP, Accounts receivable, Third Circuit
    Location:
    USA
    Firm:
    Bracewell LLP
    Third Circuit Rejects Oil Producers’ Security Interest Arguments In Midstream Provider’s Bankruptcy Proceeding
    2017-07-25

    On July 19, the U.S. Court of Appeals for the Third Circuit decided an important case involving oil and gas producers, intermediaries, and the ultimate purchasers of the oil and gas. The case, a bankruptcy matter, is In re: SemCrude, LP, et al.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Pillsbury Winthrop Shaw Pittman LLP, Third Circuit
    Authors:
    Anthony B. Cavender
    Location:
    USA
    Firm:
    Pillsbury Winthrop Shaw Pittman LLP
    Oil and Gas Industry Update: District Court Upholds Rejection of Sabine Gas Gathering Agreements
    2017-05-31

    In a highly anticipated decision—HPIP Gonzales Holdings, LLC v. Sabine Oil & Gas Corp. (In re Sabine Oil & Gas Corp.), 2017 BL 83510 (S.D.N.Y. Mar. 9, 2017)—Judge Jed S. Rakoff of the U.S. District Court for the Southern District of New York affirmed 2016 bankruptcy court rulings authorizing chapter 11 debtor Sabine Oil & Gas Corp. ("Sabine") to reject certain gas gathering and handling agreements.

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Jones Day, United States bankruptcy court
    Authors:
    Paul M. Green
    Location:
    USA
    Firm:
    Jones Day
    New Delaware Chapter 11 Filing - Nuverra Environmental Solutions
    2017-05-01

    Nuverra Environmental Solutions, Inc. (OTCQB: NESC), one of the largest environmental solutions companies focused on the development and ongoing production of oil and natural gas in the United States, and 13 of its affiliates, have filed for chapter 11 bankruptcy protection in the United States Bankruptcy Court for the District of Delaware (Lead Case No. 17-10949).

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Cole Schotz PC, Bankruptcy, Secured loan, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    New Delaware Chapter 11 Filing - Adams Resources Exploration Company
    2017-04-21

    Adams Resources Exploration Company, an oil and gas exploration and production company based in Houston, Texas, has filed a voluntary petition for relief under Chapter 11 under Chapter 11 in the United States Bankruptcy Court for the District of Delaware (Case No. 17-0866-KG).

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Cole Schotz PC, United States bankruptcy court, US District Court for District of Delaware
    Location:
    USA
    Firm:
    Cole Schotz PC
    SDNY District Court Upholds Rejection of Mineral Gathering Agreements
    2017-04-25

    The U.S. District Court for the Southern District of New York, in the case of HPIP Gonzalez Holding, LLC v. Sabine Oil & Gas Corp. (In re Sabine Oil & Gas Corp.), recently affirmed three decisions of the U.S. Bankruptcy Court for the Southern District of New York, finding that certain mineral gathering agreements could be rejected as executory contracts pursuant to 11 U.S.C. § 365(a).

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Litigation, LeClairRyan, Debtor, US Code, United States bankruptcy court, US District Court for the Southern District of New York
    Authors:
    Travis Powers
    Location:
    USA
    Firm:
    LeClairRyan
    Drain the swamp, not the Gulf
    2017-04-17

    It's time to make offshore operations great again

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Foley & Lardner LLP, Waiver, Federal Register, Government Accountability Office, Freedom of Information Act (1967) (USA)
    Authors:
    John P. Melko
    Location:
    USA
    Firm:
    Foley & Lardner LLP
    Are Oil, Gas Producers Hedging?
    2017-04-04

    With the price of crude oil dropping in November 2014, many are asking if oil and gas producers are hedging at the current price levels. The following is a survey of the 30 largest public oil and gas producers and their hedging activities as disclosed in their Dec. 31, 2016 10-K filings.

    The following survey provides as much information as possible based on what was disclosed in the filings. U.S. GAAP accounting rules form the minimum disclosures companies must provide in their filings to provide users with an understanding of:

    Filed under:
    USA, Derivatives, Energy & Natural Resources, Insolvency & Restructuring, Opportune LLP, Natural gas
    Location:
    USA
    Firm:
    Opportune LLP

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