News & Analysis as of

Oil & Gas Fraudulent Transfers

Gray Reed

Fraud in an Oil Deal Revealed after Nine Years

Gray Reed on

In the Estate of Larry Wayne Ewers is a reminder of a few guidelines for oil and gas investing:   Think twice before giving money to your scripture-spouting friend from church....more

Morgan Lewis

Delaware Bankruptcy Court Ruling on $7.2B Claim Affects Fraudulent Transfer Defense, Valuation Litigation

Morgan Lewis on

In a decision likely to have a knock-on effect for future fraudulent transfer defense and valuation litigation, the Delaware bankruptcy court recently ruled that the price agreed in the sale of an oil and gas company closed...more

Opportune LLP

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

Opportune LLP on

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

Fox Rothschild LLP

Fifth Circuit Reviews Approval Of Adversary Proceeding Settlement For Abuse Of Discretion

Fox Rothschild LLP on

In In re Beach v. Beach, the Fifth Circuit elaborated on its standard of review for adversary litigation settlements. No. 17-10481 (5th Cir. May 16, 2018). In this case, Debtor, a Dallas oil-and-gas businessman, formed a...more

Mintz - Bankruptcy & Restructuring Viewpoints

Split Third Circuit Holds Transfer By Non-Debtor Cannot Be Fraudulent Transfer

Refusing to rely on “equitable principles” when interpreting the Delaware Uniform Fraudulent Transfer Act (DUFTA), the Third Circuit (2-1 decision) in Crystallex Int’l Corp. v. Petroleos De Venezuela, S.A, et als. held that a...more

Locke Lord LLP

Eastern District of Louisiana Dismisses Officer Compensation Fraudulent Transfer Claims in Tow v. Bulmahn

Locke Lord LLP on

The U.S. District Court for the Eastern District of Louisiana dismissed a Chapter 7 bankruptcy trustee’s claims against officers and inside directors of ATP Oil & Gas Corporation in Tow v. Bulmahn on Wednesday. In Tow v....more

Locke Lord LLP

“Ponzi Scheme” Recital Not Enough

Locke Lord LLP on

Disgruntled investors suing oil and gas companies for fraud must allege facts to support a Ponzi scheme in order to obtain the “Ponzi scheme presumption.” This “Ponzi scheme presumption,” if adequately pleaded in the first...more

Orrick, Herrington & Sutcliffe LLP

Distressed Download

Lessons from Sabine - In March, Bankruptcy Judge Shelley Chapman held that Sabine Oil & Gas Corp. satisfied the standards for rejection of several gathering and handling agreements between Sabine and its midstream...more

King & Spalding

Opportunities in Distressed Markets: Insights into the Acquisition and Divestiture Process

King & Spalding on

Uncertainty - The projections as to the near- and medium-term future of oil and gas prices are mixed – to say the least. Irrespective of the direction prices ultimately go, industry is faced with significant...more

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