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Keeping Score in Midstream Dedications in Bankruptcy: Midstreams 2, Producers 1

Ever since the Sabine Oil and Gas Corp. bankruptcy (the top of the first, If it were baseball), where a New York court construed Texas property law to hold that a gathering agreement was not a covenant running with the land,...more

Midstream Dedications – Colorado Bankruptcy Court Levels the Playing Field

Until Monarch Midstream v. Badlands Energy, midstream companies facing rejection of their contracts in a producer’s bankruptcy were left with Abraham Lincoln’s least favorite negotiating option: If the both law and the facts...more

Rejection of Mid-Stream Agreements Upheld … Again

Q: How many New York federal judges does it take to make a mess of Texas property law? A: In In Re: Sabine Oil and Gas Corp., five. One to get it wrong, another to affirm the wrongness, and three more for...more

Rejecting Midstream Agreements in Bankruptcy – the Journey Continues

One of the hottest issues from 2016 was whether an E&P debtor can reject, under section 365 of the Bankruptcy Code, an above-market midstream contract. Given the potential for a “no-win” situation, in all but one case where...more

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