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4 Key Restructuring Considerations for Distressed E&P Companies

“For distressed exploration and production (E&P) companies and their lenders, there can be many significant legal issues associated with restructuring,” according to Latham & Watkins partner Mitchell Seider. Seider is...more

Texas-Based Oil and Gas Company, Quicksilver Resources Inc., Files Bankruptcy

On March 17, 2015, Quicksilver Resources Inc., a Texas based oil and natural gas producer and developer, and 13 of its affiliates, filed chapter 11 bankruptcy petitions in the United States Bankruptcy Court for the District...more

Allied Nevada Gold Corp. Files For Chapter 11 Bankruptcy Protection

On March 10, 2015, Allied Nevada Gold Corp. and thirteen (13) affiliates filed voluntary chapter 11 petitions in Delaware. The petition lists approximately $941.2 million in total assets and $663.7 million in total debts....more

Oil and Gas Contractor Cal Dive International Inc. Decides to Explore Bankruptcy

On March 3, 2015, Cal Dive International, Inc. and five affiliates filed voluntary chapter 11 bankruptcy petitions in Delaware. The cases are docketed at 15-10458 and have not, as of this posting, been assigned to any...more

Business Restructuring & Insolvency Year in Review

Excerpt from A Year in Review: We are pleased to say that 2014 was another successful year for Morrison & Foerster’s Business Restructuring & Insolvency Group. Despite continuing market headwinds, the last year brought...more

Continuity of supply of essential services to be guaranteed during business recovery (UK update)

Following a consultation on the issues last year, an Order was laid before the UK Parliament on Monday (9 February 2015) to prevent suppliers of water, gas, electricity, communications services and IT from cutting off supply...more

Counterparty Rights in Energy Bankruptcies

For the past several years, low interest rates and higher commodity prices have resulted in generally favorable financial conditions in the energy sector, keeping energy bankruptcy activity to a minimum. With the recent sharp...more

CanaSea Group: Full and Fair Disclosure Required in Ex Parte CCAA Applications

Applicants who seek ex parte relief under the Companies’ Creditors Arrangement Act (CCAA) have an obligation to make full and fair disclosure of all material facts to the court. ...more

Oil and Gas Restructurings: Exploration and Production Companies Face Unique Issues

The recent drop in oil prices will likely spur a flurry of industry restructurings, governed by a complex set of bankruptcy and state laws. Introduction - At the close of business on December 31, 2014, the...more

Points & Authorities - Fall 2014

In This Issue: - Legal Considerations for Web Based Start-Ups - California’s Water Anxiety Prompts Landmark Groundwater Legislation - Points from the President - Factor Beware: A Judgment Lien...more

Bankruptcy Courts Fail to Enlighten on Electricity as Goods or Services

Is electricity goods or services? That seemingly simple yet confounding question is illustrated by three recent bankruptcy cases (all of which consider whether an electricity provider is entitled to an administrative expense...more

Bankruptcy Auctions 101

A recent bankruptcy auction of a Texas power plant by Optim Energy LLC provided an important lesson for potential bidders at bankruptcy auctions and their representatives on the importance of developing a clear bidding...more

New Debt Enforcement Act Significantly Impacts Stakeholders In Puerto Rico’s Energy & Infrastructure Sectors

On June 28, 2014, the Commonwealth of Puerto Rico adopted the Puerto Rico Corporations Debt Enforcement & Recovery Act, Act 71-2014 (the “Debt Enforcemen enabling certain Commonwealth public corporations in financial distress...more

Court Rejects Effort to Transfer Venue of Energy Future Holdings Bankruptcy From Delaware to Texas

In a ruling yesterday, Judge Christopher Sontchi of the United State Bankruptcy Court for the District of Delaware denied a motion by a bond trustee to transfer venue of the Dallas-based Energy Future Holdings from...more

Energy Future Holdings Files For Bankruptcy; Second Lienholders Oppose Deal

On April 29, 2014, Energy Future Holdings filed what it claims is a pre-packaged chapter 11 bankruptcy in Delaware. The bankruptcy, which ranks among the largest cases ever with over $36 billion in assets and nearly $50...more

Bill on Bankruptcy: LightSquared, the Battle among Hedge Funds [Video]

Sept. 5 (Bloomberg) -- The hedge funds battling for control of LightSquared Inc., the developer of a satellite-based wireless communications system, is the first item on the bankruptcy video with Bloomberg Law's Lee Pacchia...more

TRANSACTIONAL: Financial Restructuring: Oil and gas "leases" and farmout agreements in bankruptcy proceedings

Most people think of an oil and gas mineral “lease” as, so named, a lease. However, this common thinking is not necessarily accurate, both with respect to state and federal law and in particular in the bankruptcy courts in...more

BigLaw's Banker: I've Got a "Robust" List of Firms That May Fail [Video]

Oct. 26 (Bloomberg Law) -- Dan DiPietro, chairman of The Law Firm Group at Citi Private Bank, says he has a "somewhat robust" watch list of law firms that may fail in the coming months. "In this kind of economic...more

Dodd-Frank Living Wills: What You Need to Know Now

Financial institutions should undertake Dodd-Frank living will preparation with care....more

Transformation of Tort Claim into Different Type of Collateral Did Not Give Secured Creditor a Lien

An October 2011 decision from the United States District Court for the Northern District of New York highlights the importance of correctly taking all of the steps necessary to obtain a security interest in commercial tort...more

Renewable Energy Update -- June 26, 2012

In This Issue: Renewable Energy Focus - Solyndra close to filing bankruptcy plan; Controversial clean power line is finally live; Iberdrola cutting down its U.S. business; U.S. Barring Efforts to Circumvent Duties on...more

Download the June 14 Distressed Energy Investments Program Materials

On June 14, Cadwalader hosted a discussion on the ever-changing business landscape for energy companies created by recent market changes, FERC regulations and the Dodd-Frank Act. Keynote speaker, The Honorable Donna L....more

Petroplus Group Enters Insolvency Proceedings

Petroplus, the largest independent refiner and wholesaler of petroleum products in Europe entered into various insolvency proceedings in Switzerland, England and Wales, France, Germany and Belgium on 24-27 January 2012...more

Bankruptcy Court Rejects Triangular Setoff Rights in ISDA Agreement

On October 4, 2011, in the case of In re Lehman Brothers Inc., the Bankruptcy Court in the Southern District of New York (the "Court") held that a cross-affiliate setoff provision contained in a swap agreement was not...more

Congressional Investigation of Solyndra, Inc. and Department of Energy Loan Programs Office

“A colossal failure … calling into question every loan guarantee that has been issued and … any future loan….” — Sen. Lisa Murkowski (R-AK) The Congressional investigation of Solyndra, Inc., the California solar panel...more

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