Recent Significant Oil, Gas, and Energy Representations
•In re Cobalt International, Inc., et al., Case No. 17-36709, Bankr. S.D. Tex. – represented major oil and gas exploration company with respect to defending rights of first refusal, participation in auction process, and P&A liabilities.
• In re Connect Transport, LLC, et al., Case No. 16-33971, Bankr. N.D. Texas – represented pre-petitoin and DIP lender of midstream oil and gas storage and transportation company, including defense of lien challenges and priority disputes with oil and gas producers asserting first purchaser liens under Okahoma and Texas statutes.
•In re GenOn Energy, Inc, Case No. 17-33695, Bankr. S.D. Tex. - represented, as co-counsel, owner lessors of non-debtor coal and natural gas plants with respect to pursuing substantial fraudulent transfer, breach of contract, and related claims arising from debtor's alleged improper dividend distributions, charges under a shared services agreement, and breach of credit support obligations.
• In re Panda Temple Power LLC et al., Case No. 17-10839, Bankr. D. Del. - represnted debtors' energy manager with respect to negotation of an agreed termination of energy managment and related agreements and release of claims.
• In re Ryckman Creek Resources, LLC, et al., case No. 16-10292, Bankr. D. Del.– represented major oil and gas exploration company in connection with obtaining termination of a storage agreement and release of claims.
•In re Ultra Petroleum Corp., et al., Case No. 16-32202, Bankr. S.D. Tex. – represented, as co-counsel, ad hoc committee of bond holders, in connection wtih obtaining payment in full of the bond holder claims as "unimpaired creditors, " including a $400 million claim for a make-whole premium.
• In re Peabody Energy Corp., et al, Case No. 16-42529, U.S. Bankr. E.D. Missouri - represented net-profit interest holder with respect to dispute over characterization of the interest as a real property interest under Wyoming state law and obtained a favorable settlement that resulted in the payment of hundreds of thousands of dollars in past-due amounts and preservation of the net-profit interest.
•In re Energy XXI., et al., Case No. 16-31928, Bankr. S.D. Tex. – represented, as co-counsel, ad hoc committee of second lien noteholders in connection with obtaining 84% of the reorganized debtors' equity.
• In re MidStates Petroleum Co., et al., Case No. 16-32237, and In re SandRidge Energy, Inc., et al., Case No. 16-32488, U.S. Bankr. S.D. Tex. - represented one of the debtors' primary electricity providers in connection with negotiating increased adequate assurance deposits, payment of outstanding cure amounts, surety bonds for future security, and the release of any preference or other avoidance claims.
•Trinity River Resources, LP., Case No. 16-10472, Bankr. W.D. Tex. - represented operator and working interest owner with respect to claims for unpaid royalties and related obligations.
•Black Elk Energy Offshore Operations, LLC, Case No. 15-34287, Bankr. S.D. Texas —represented operator and co-working interest owner with respect to certain offshore leases and platforms that had significant (in excess of $20 million) P&A obligations, including in connection with negotiating the acquisition of certain of the debtors' revenue-generating interests, waiver of claims, as well as an allowed claim for contingent P&A obligations.
Significant Avoidance Action and Adversary Proceeding Defense Representations
•Tow v. Lozier ADL LLC, et al (In re ATP Oil & Gas Corp.), Adv. No. 15-03179, Bankr. S.D. Texas - obtained dismissal of over $10 million in avoidance claims asserted against over a dozen financial institutions that allegedly received dividend payments from ATP following motion to dismiss briefing and an evidentiary hearing on the Trustee's assertion of an equitable tolling defense.
• Searcy v. Bank of America, N.A. et al , Adv. No. 16-03158, Bankr. N.D. Texas – obtained summary judgment on Creditors Committee's challenge to pre-petition lender's lien on a LNG terminal with a value exceeding $20 million.
•Crescent Resources Litigation Trust v. Duke Energy Corporation, et al., Case No. 12-CA-009, W.D. Tex. - obtained summary judgment on over a billion dollas in fraudulent transfer claims asserted against Duke Energy based on a leveraged recapatlizatin.
• Trevino v. HSBC Mortgage Services, Inc., Adv. No. 13-07031, Bankr.S.D. Tex. - respsented mortgage service provider in connection with over a dozen claims, including abuse of process, violation of federal and state debt collection statutes, and orders of the court and subsequently obtained a favorable settlement following dismissal of the majoirty of the claims and mediation.
• Sommers v. Westwood One, Inc., Adv. No. 14-03065, Bankr. S.D. Tex. - represented media company with respect to significant fraudulent transfer claims arising from the purchase of ads and obtained favorable settlement following mediation.
• Askanase v. Syngenta Crop Protection, LLC, Adv. No. 12-03183, Bankr. S.D. Tex. - represented Syngenta Crop Protection with respect to joint venture and avoidance actions and obtained favorable settlement following mediation.
Significant Debtor Representations
• In re Argent Energy Holdings, Inc., Case No. 16-20060, Bankr. S.D. Tex. - represented Canadian-appointed foreign representative of two oil and gas exploration and production companies in U.S. Chapter 15 proceeidngs.
• In re Buccanner Resources, et al., Case No. 14-60041, Bankr. S.D. Tex. - represented oil and gas exploration company with both onshore and offshore assets in connection with a sale of substantially all assets and confirmation of a chapter 11 plan.
• In re Mammoth Lakes, Case No. 12-32463, Bankr. E.D. Cal. - represented California resort town in chapter 9 municipal filing and obtained a consensual resolution of a significant judgmnet creditor's claims.
• In re Seahawk Drilling, Inc., et al. Case No. 11-20089, Bankr. S.D. Tex. - represented one of the largest Gulf Coast drilling companies in connection with a sale of substantially all assets and confirmation of a chapter 11 plan.