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    Treatment of Gas Gathering Contracts in Bankruptcy
    2016-03-14

    On March 8, 2016, Judge Shelly Chapman, presiding over the Chapter 11 cases of Sabine Oil & Gas Corporation and its affiliates ("Sabine"), granted Sabine's motion to reject certain midstream agreements between Sabine and Nordheim Eagle Ford Gathering ("Nordheim") and between Sabine and HPIP Gonzales Holdings, LLC ("HPIP"). Although the ruling as a procedural matter determined only whether rejection of the agreements was justified under section 365 of the Bankruptcy Code, the Court's analysis of the agreements under Texas law presaged a subsequent ruling on the nature of the agreements.

    Filed under:
    USA, Texas, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Dentons
    Location:
    USA
    Firm:
    Dentons
    Current trends in oil and gas finance
    2016-02-18

    Leslie Benedict: “Money isn’t everything, Jett”
    Jett Rink: “Not when you’ve got it.”
    Giant (1956)

    Filed under:
    USA, Banking, Energy & Natural Resources, Insolvency & Restructuring, Dentons
    Authors:
    Robert E. Richards , Kwame Nkrumah Cain
    Location:
    USA
    Firm:
    Dentons
    Financing of North Sea oil and gas – a restructuring and insolvency perspective
    2015-03-31

    Until recently, there was little call for restructuring and turnaround specialists in the UK to focus on the oil and gas industry. That has now undoubtedly changed.  In the second half of 2014, Brent crude prices fell from over US$100 a barrel to around US$50, and although prices have since stabilised (currently near the US$60 mark), a low price environment in the medium term seems likely. That is not bad news for all in the oil and gas industry.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Dentons
    Location:
    United Kingdom
    Firm:
    Dentons
    Testing times for the "Supplier of Last Resort" regime as UK gas prices continue to rise
    2021-09-21

    Kwasi Kwarteng, UK Business and Energy Secretary is reported to have said on 20 September that “My task is to ensure that any energy supplier failures cause the least amount of disruption to consumers”.

    Wholesale day-ahead gas prices in the UK are reported to have jumped some 9% on 20 September alone. The rise is as a result of a number of factors including increased demand in Asia, lower supplies of gas from Russia and increase in demand as countries emerge from lockdown restrictions and economies start to pick up once more.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Mayer Brown
    Authors:
    Michael Fiddy , Fatema Begum
    Location:
    United Kingdom
    Firm:
    Mayer Brown
    Opinion of Interest - Matter of First River Energy: Some State-Specific Liens May be no More than “Amazing Disappearing Security Interests”
    2021-03-16

    In its recent decision in Matter of First River Energy, LLC,1 the Fifth Circuit resolved a priority dispute between lienholders regarding their competing claims to cash held by the debtor, First River Energ

    Filed under:
    USA, Delaware, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mayer Brown, Fifth Circuit
    Location:
    USA
    Firm:
    Mayer Brown
    Brasília em Pauta
    2020-09-15

    Esta é a primeira edição do “Brasília em Pauta”, um boletim preparado pela equipe de Contencioso de Brasília, contendo os principais casos a serem julgados pelo Supremo Tribunal Federal (STF), Superior Tribunal de Justiça (STJ) e Tribunal de Contas da União (TCU), bem como importantes questões a serem votadas pela Câmara dos Deputados e Senado Federal.

    Filed under:
    Brazil, Banking, Employment & Labor, Energy & Natural Resources, Environment & Climate Change, Insolvency & Restructuring, Litigation, Tax, Telecoms, White Collar Crime, Mayer Brown
    Location:
    Brazil
    Firm:
    Mayer Brown
    Jurisdictional Conflict Between FERC and Bankruptcy Courts Spills Over to Natural Gas Agreements
    2020-07-06

    The existing jurisdictional conflict1 between US bankruptcy courts under the Federal Bankruptcy Code and the Federal Energy Regulatory Commission (FERC) regarding required approvals for a debtor in bankruptcy to reject an executory Federal Power Act (FPA)-jurisdictional agreement has also been asserted by FERC with respect to Natural Gas Act (NGA)-jurisdictiona

    Filed under:
    USA, Energy & Natural Resources, Insolvency & Restructuring, Mayer Brown, United States bankruptcy court
    Authors:
    J. Paul Forrester
    Location:
    USA
    Firm:
    Mayer Brown
    FERC Clarifies Its Concurrent Jurisdiction with Regard to Bankruptcy Filings That Seek to Reject Power Purchase Agreements
    2019-01-28

    On January 25, 2019, the US Federal Energy Regulatory Commission (“FERC” or “Commission”) issued an order clarifying its position with regard to bankruptcy filings that seek to reject Commission-jurisdictional wholesale power purchase agreements. In response to a petition for a declaratory order and complaint filed by NextEra Energy, Inc. and NextEra Energy Partners, L.P.

    Filed under:
    USA, New York, Ohio, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mayer Brown, Power purchase agreement, Federal Power Act 1920 (USA), FERC, US District Court for SDNY
    Authors:
    J. Paul Forrester
    Location:
    USA
    Firm:
    Mayer Brown
    Into the Void (Again): PG&E Intends to Enter Bankruptcy Proceedings - Possible Consequences for Renewable PPAs
    2019-01-24

    After months of speculation, it is now official : PG&E (both the parent, PG&E Corporation, and its subsidiary, Pacific Gas & Electric Company), having faced extraordinary challenges relating to catastrophic wildfires in 2017 and 2018, has announced that a voluntary bankruptcy filing “is appropriate, necessary and in the best interests of all stakeholders, including wildfire claimants, PG&E’s other creditors and shareholders, and is ultimately the only viable option to restore PG&E’s financial stability to fund ongoing operations and provide safe service to customers.” As

    Filed under:
    USA, California, Energy & Natural Resources, Insolvency & Restructuring, Litigation, Mayer Brown, Renewable energy, Power purchase agreement, Title 11 of the US Code, Federal Power Act 1920 (USA), FERC
    Authors:
    J. Paul Forrester , Sean T. Scott , Andrew Young
    Location:
    USA
    Firm:
    Mayer Brown
    Challenges to preserving value in a debt restructuring
    2016-04-26

    When any industry faces challenging times, thoughts turn to what might happen to those companies which are unable to maintain their solvency and service their existing debt.

    Filed under:
    United Kingdom, Energy & Natural Resources, Insolvency & Restructuring, Mayer Brown, Debt, Stakeholder (corporate), Refinancing, Debt restructuring
    Authors:
    Alexandra Wood
    Location:
    United Kingdom
    Firm:
    Mayer Brown

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