News & Analysis as of

Insolvency Oil & Gas

Bennett Jones LLP

Supreme Court of Canada Dismisses Leave-on-Leave in Mantle Materials Group: The Priority of Environmental Obligations Extends...

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In late May, the Supreme Court of Canada (the SCC) denied an application for leave to appeal a decision of the Court of Appeal of Alberta (the ABCA), which, in turn, had denied leave to appeal of the decision of the Court of...more

Bennett Jones LLP

Redwater Reigns: SKCA Affirms Redwater's Applicability After Failed CCAA

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The Saskatchewan Court of Appeal has confirmed that the Supreme Court of Canada’s decision in Orphan Well Association v. Grant Thornton Ltd., 2019 SCC 5 [Redwater], applies in Saskatchewan.  The Court of Appeal also affirmed...more

Bennett Jones LLP

Saskatchewan Court of King's Bench Rejects Rural Municipality's Attempts to Elevate Priority in Receivership

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The Court of King's Bench for Saskatchewan has rejected another attempt by a rural municipality to gain priority in an oil and gas receivership. This follows the recent Alberta Decision in Orphan Well Association v Trident...more

A&O Shearman

Gas Market Insolvencies in Great Britain: Legal, Regulatory and Insolvency Issues

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Over the past decade there has been an influx of small- and medium-sized entrants to the U.K. gas supplier market, which is supervised by Great Britain’s independent energy regulator, the Office of Gas and Electricity Markets...more

Bennett Jones LLP

Zombie Working Interest Partners: A Scary Trend In the Oil Patch

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While the popularity of zombies in film and popular culture has grown exponentially in the last decade, participants in the Western Canadian oil patch have increasingly been dealing with a different kind of zombie—"zombie...more

A&O Shearman

Solvent-Debtor Exception Carries the Day in Fifth Circuit Ultra Petroleum Ruling on Make-Wholes and Post-Petition Interest

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On October 14, 2022, the Fifth Circuit issued its decision in Ultra Petroleum, granting favorable outcomes to “unimpaired” creditors that challenged the company’s plan of reorganization and argued for payment (i) of a ~$200...more

Hogan Lovells

Sanctions no bar to sanction: Nostrum Oil & Gas PLC’s scheme of arrangement

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Nostrum Oil & Gas PLC’s scheme of arrangement under Part 26 of the Companies Act 2006 (the “Scheme”) was sanctioned on 26 August 2022, with the “scheme effective date” occurring on 31 August 2022. While the terms of the...more

Bennett Jones LLP

Entitlement to Production Revenues Between the Effective Date and Closing in Insolvency Vesting Orders

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One of the main benefits to a purchaser who buys oil and gas assets in a proceeding under the Companies' Creditors Arrangement Act or a receivership is the near-absolute quieting of title via a "vesting order." In Manitok...more

Stikeman Elliott LLP

The Manitok Energy Decision: Builders’ Lien Priority Rights Could Be Lost When Lands Are Subject to AER Abandonment Liability

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A recent appellate decision from Alberta, Manitok Energy Inc. (Re), marks another chapter in the developing caselaw surrounding environmental obligations in insolvency proceedings. In the decision, the Alberta Court of Appeal...more

Bennett Jones LLP

Alberta Court of Appeal Confirms Environmental Liabilities Must be Addressed in Priority to Builder

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On March 30, 2022, the Alberta Court of Appeal issued its much anticipated decision in Manitok Energy Inc (Re), 2022 ABCA 117 [Manitok ABCA] which considered whether, as a result of the Supreme Court of Canada's decision in...more

Bennett Jones LLP

Court of Appeal Clarifies Treatment of Asset Retirement Obligations

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On March 25, 2022, the Alberta Court of Appeal issued its decision in PricewaterhouseCoopers Inc v Perpetual Energy Inc, 2022 ABCA 111. Briefly, the Court held that abandonment and reclamation obligations (ARO) of oil and gas...more

Hogan Lovells

Black Swan or new dawn: Why supply chain management is more important than ever

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Supply chains are increasingly vulnerable to a range of risks. In recent years businesses have focussed upon streamlining their supply base to minimise costs. They have sought to reduce inventory to free up working capital...more

Robins Kaplan LLP

Financial Daily Dose 3.4.2021 | Top Story: Google Shakes Up Digital Ad Industry by Phasing Out Web Tracking

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Digging deeper into Google’s announcement that “its ad tools would no longer support individual tracking of users across websites starting in 2022,” a move that—with the site’s previously unveiled plans  to stop supporting...more

Opportune LLP

Fairness & Solvency Opinions Shouldn't Be Overlooked Amid Restructuring Wave

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James Hanson, Managing Director with Opportune Partners LLC, discusses why fairness and solvency opinions are necessary in oil and gas transactions, especially as bankruptcies and restructuring events mount in today's...more

McDermott Will & Emery

[Webinar] Distressed Oil & Gas: Survival Tactics and Smart Investing During COVID-19 - June 17th, 12:00 pm - 1:00 pm EDT

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COVID-19 continues to wreak havoc on the global economy, and the oil & gas industry in particular is experiencing significant turmoil as demand has plummeted. Whether you are a company directly dealing with this economic...more

McDermott Will & Emery

[Webinar] Distressed Oil & Gas: Survival Tactics and Smart Investing During COVID-19 - McDermott Will & Emery - June 10th, 12:00...

COVID-19 continues to wreak havoc on the global economy, and the oil & gas industry in particular is experiencing significant turmoil as demand has plummeted. Whether you are a company directly dealing with this economic...more

McDermott Will & Emery

[Webinar] Distressed Oil & Gas: Survival Tactics and Smart Investing During COVID-19 - May 27th, 12:00 pm - 1:00 pm EDT

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COVID-19 continues to wreak havoc on the global economy, and the oil & gas industry in particular is experiencing significant turmoil as demand has plummeted. Whether you are a company directly dealing with this economic...more

McDermott Will & Emery

[Webinar] Distressed Oil & Gas: Survival Tactics and Smart Investing During COVID-19 - May 20th, 1:00 pm - 2:00 pm EDT

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COVID-19 continues to wreak havoc on the global economy, and the oil & gas industry in particular is experiencing significant turmoil as demand has plummeted. Whether you are a company directly dealing with this economic...more

Bennett Jones LLP

Can an Insolvency Court Extinguish Interests in Land Through Vesting Orders?

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The Ontario Court of Appeal recently released the second of two highly anticipated decisions stemming from the receivership proceedings of Dianor Resources Inc. The first decision clarified the test used to determine when a...more

Jones Day

Business Restructuring Review | September–October 2018

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In This Issue: Caveat Emptor—Anti-Assignment Clause Renders Transferred Claim Unenforceable - In In re Woodbridge Group of Companies, LLC, 2018 WL 3131127 (Bankr. D. Del. June 20, 2018), the bankruptcy court ruled...more

Jones Day

The Year in Bankruptcy: 2017

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The initial year of the Trump administration colored much of the political, business, and financial headlines of 2017, both in the U.S. and abroad. Key administration-related developments in 2017 included U.S. withdrawal from...more

Blake, Cassels & Graydon LLP

Reversal of Gas Cost Allowances Due to Insolvency on the Rise

Alberta Energy has increasingly been targeting insolvent lessees and the historical gas cost allowances claimed by those insolvent companies. Alberta Energy deducts allowances for capital and operating costs and custom...more

Blake, Cassels & Graydon LLP

AER Revises Eligibility Requirements for Acquiring and Holding Energy Licences and Approvals

On December 6, 2017, the Alberta Energy Regulator (AER) released a new edition of Directive 067 (New Directive), dealing with the eligibility requirements for acquiring and holding energy licences and approvals in Alberta....more

Gray Reed

Operator – Don’t Get Burned by Paying an Insolvent Contractor

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Just received notice of a Texas subcontractor’s mineral lien? DO NOT continue to pay the contractor. He hasn’t paid the subcontractor. Think you owe nothing on the well on which the lien will be filed? Think what you owe the...more

Bennett Jones LLP

Transfer of Operatorship of Oil and Gas Assets Upon Insolvency

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Operating agreements for oil and gas assets typically contemplate the immediate replacement of the operator by another working interest owner in the event of the operator’s insolvency. However, these provisions often become...more

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