Over the past five years, bankruptcy courts have analyzed whether oil and gas producers’ contracts with midstream oil, gas, and produced water companies may be rejected if they create covenants running with the land. Through...more
10/30/2020
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Covenants that Run With the Land ,
Debtors ,
Executory Contracts ,
Midstream Contracts ,
Mineral Rights ,
Oil & Gas ,
Privity of Contract ,
Privity of Estate ,
Purchase and Sale Agreements ,
Remedies ,
Successor Interests
On April 14, 2020, the Railroad Commission of Texas (RRC) conducted a conference on the application of Pioneer Natural Resources USA, Inc. and Parsley Energy, Inc. for market-demand proration of oil production in Texas. The...more
On April 14, 2020, the Railroad Commission of Texas (RRC) will conduct an initial public conference to consider the joint application of Pioneer Natural Resources USA, Inc. and Parsley Energy, Inc. for market-demand...more
Disputes often arise over whether parties have agreed to, or by their conduct they have, committed themselves to a transaction. On January 31, 2020, the Texas Supreme Court delivered its decision in Energy Transfer Partners,...more
On December 20, 2019, the United States Bankruptcy Court for the Southern District of Texas (Marvin Isgur presiding) entered a memorandum opinion and order finding that midstream gathering agreements created covenants running...more
12/23/2019
/ Bankruptcy Code ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Covenants that Run With the Land ,
Debtors ,
Executory Contracts ,
Gathering Agreements ,
Memorandum Opinions ,
Midstream Contracts ,
Motion for Summary Judgment ,
Oil & Gas ,
Section 365
A Colorado bankruptcy court has departed from the widely reported holding in Sabine Oil that permitted a debtor to reject a certain midstream gathering agreement. On September 30, 2019, the United States Bankruptcy Court for...more
10/11/2019
/ Asset Purchase Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Energy Sector ,
Free and Clear Transactions ,
Gathering Agreements ,
Midstream Contracts ,
Mineral Extraction ,
Oil & Gas ,
Personal Property ,
Sale of Assets
On July 18, 2017, the Dallas Court of Appeals issued its long-awaited decision in Enterprise Products Partners, L.P. v. Energy Transfer Partners, L.P., reversing the Dallas County District Court’s judgment that awarded ETP...more
7/21/2017
/ Appeals ,
Breach of Contract ,
Breach of Duty ,
Burden of Proof ,
Common Law Claims ,
Condition Precedent ,
Contract Waiver ,
Damages ,
Disgorgement ,
Joint Venture ,
Oil & Gas ,
Partnerships ,
Pipelines ,
Prejudgment Interest ,
Reversal