Oil, Gas, and Energy Representations

• Zachry Holdings, Inc., Case. No. 24-90377 (Bankr. S.D. Tex. 2024) – Represented owner of one the largest LNG export facilities under construction in the U.S. in connection with EPC contract disputes with debtor contractor and non-debtor joint-venture partners, including heavily contested executory contract assumption and rejection issues, and successful negotiation and implementation of a global settlement of all disputed contract issues with the debtor and non-debtor contractors and implementation through a confirmed Chapter 11 plan.

• Cox Oil Offshore, LLC, Case No. 23-90324 (Bankr. S.D. Tex. 2023) – Represented oil and gas exploration and development company in connection with potential predecessor liabilities arising from the Cox Debtors’ sale and abandonment of certain offshore leases and related assets.  

• Fieldwood Energy LLC, Case No. 20-33948 (Bankr. S.D. Tex. 2020) – Represented oil and gas exploration and development company in connection with potential predecessor liabilities arising from the Fieldwood Debtors’ sale and abandonment of certain offshore leases and related assets, including disputed executory contract and cure issues arising from leases of platform spaces and related offshore agreements.  

• U.S. Realm Powder River, LLC, Case No. 19-20699 (Bankr. D. Wy. 2019) – Represented oil and gas exploration and development company in connection with potential predecessor liabilities associated with certain onshore leases, surface use agreements, and related agreements, including with respect to a proposed sale, assignment, and assumption of legacy assets in the bankruptcy case.

• White Operating v. Bank of America, N.A., Civ. Action 3:23-CV-00525-S (N.D. Tex.) – Represented revolving credit lender to oil and gas midstream company with defense to conversion, producer lien, and related lender liability claims asserted by an Oklahoma oil and gas interest owner based upon alleged sweeps of the oil and gas interest owner’s proceeds from the first-purchaser borrower’s deposit account.  Summary judgment was entered in favor of client on all claims.  

• 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. Tex.) – Represented pre-petition 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 Oklahoma 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.) – Represented debtors' energy manager with respect to negotiation of an agreed termination of energy management 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 with 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 (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 (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. Tex.) — 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.

   

Lender, Ad Hoc Group, and Agent Representations

• LifeScan Global Corporation, Case No. 25-90259 (Bankr. S.D. Tex.) – Co-counsel for an ad hoc group of holders of prepetition first and second lien term loan holders.

• RunItOneTime LLC, Case No. 25-90191 (Bankr. S.D. Tex.) – Representation of administrative and collateral agent under first lien prepetition facilities and new money and roll-up DIP facility.

• EverStream Solutions, LLC, Case No. 25-90144 (Bankr. S.D. Tex.) – Representation of administrative and collateral agent under prepetition facility.

• Wellpath Holdings, Inc., Case No. 24-90533 (Bankr. S.D. Tex)- Co-counsel for an administrative and collateral agent under prepetition first and second lien facilities, and new-money and roll-up DIP facility.

• Wesco Aircraft Holdings, Inc., Case No. 23-90611 (Bankr. S.D. Tex) – Representation of administrative agent under the Debtors’ prepetition revolving credit agreement.

• Instant Brands Acquisition Holdings, Inc., Case No. 23-90716 (Bankr. S.D. Tex.) – Co-counsel for administrative and collateral agent under prepetition and DIP ABL facilities.

• Talen Energy Supply, LLC, Case No. 22-90054 (Bankr. S.D. Tex) – Representation of administrative agent under prepetition commodity accordion facility.

• Country Fresh Holding Company, Inc., Case No. 21-30547 (Bankr. S.D. Tex.) – Representation of administrative and collateral agent under prepetition superior priority, first lien, and second lien term loan facilities.

Debtor, Trustee Representations

• Global Clean Energy Holdings, Inc., Case No. 25-90113 (Bankr. S.D. Tex.) – Debtors’ co-counsel to renewable fuels producer and refiner in connection with debt-for-equity exchange restructuring.

• Southern Foods Group, LLC (formerly d/b/a Dean Foods), Case No. 19-36314 (Bankr. S.D. Tex.) – Debtors' co-counsel to a leading food and beverage company and the largest processor and direct-to-store distributor of fresh fluid milk and other dairy and dairy case products in connection with the sale of substantial all assets and wind-down plan.

• Pioneer Energy Services, Case No. 20-31425 (Bankr. S.D. Tex.) – Debtors' co-counsel to a land-based drilling and production services provider operating in the United States and Colombia in its Chapter 11 cases; including prepackaged plan providing for a balance sheet deleveraging from $475 million of funded debt to $213 million, through a conversion of debt to equity and the proceeds of a $125 million rights offering for new convertible bonds.

• Permico Midstream Partners Holdings, LLC, Case No. 20-32437 (Bankr. S.D. Tex.) – Representation of court-appointed Chapter 11 Trustee for midstream pipeline project subject through disputes over ownership of certain pipe, alleged breached by project sponsor, and ultimately a sale of substantially all assets and confirmation of liquidating Plan.

• American Green Technologies, Case No. 18-34728 (Bankr. S.D. Tex.) – Representation of court-appointed Chapter 11 Trustee and Chapter 7 trustee for producer of UV light manufacture through disputes with project sponsor/lender, and ultimately a sale of substantially all assets.

• Francis’ Drilling Fluids, Ltd., Case No. 18-35411 (Bankr. S.D. Tex.) – Representation of oil field service corporation through contested Chapter 11 proceeding, and ultimately a sale of substantially all assets and confirmation of a liquidating Plan.

Adversary Proceeding Representations

• White Operating v. Bank of America, N.A., Civ. Action 3:23-CV-00525-S (Bankr. N.D. Tex.) – Representation of revolving credit lender to oil and gas midstream company against conversion, producer lien, and related lender liability claims asserted by Oklahoma oil and gas interest owner with respect to alleged sweeps of the oil and gas interest owner’s proceeds from the first purchaser borrower’s deposit account.  Summary judgment was entered in favor of client on all claims.

• Janet Northrup, Chapter 7 Trustee for the Estates of Mountain Express Oil Company v. Mountain Portfolio Owner WI MI LLC, Adv. No. 23-03231 (Bankr. S.D. Tex.) – Representation of owner of gas station portfolio under sale-leaseback arrangements against avoidance and turnover claims seeking recovery of allegedly preferential and/or fraudulent mortgages and certain escrowed funds asserted by the Chapter 7 Trustee, as well as related claims and issues with hold-over tenant.  All claims were successfully resolved and dismissed following a settlement.

• DJH Minerals, LP and Cathexis Royalties & Minerals, LP v. SN Catrina, LLC et. al, Civil Act. No. H-20-2979 (Bankr. S.D. Tex.) – Representation upstream oil and gas company against royalty underpayment and declaratory judgment claims regarding the extent, validity, and priority of liens on oil and gas production and proceeds asserted by oil and gas lessors and royalty interest holders.  All claims were resolved and dismissed following a settlement.

• Southland Royalty Company, LLC v. MRC Global (US) Inc., Adv. No. 20-50740 (Bankr. D. Del.) – Defended supplier of specially fabricated pipe against declaratory judgment action regarding the extent, priority, and value of statutory oil and gas mechanic's lien.

• Searcy v. Bank of America, N.A., Adv. No. 17-03002 (Bankr. N.D. Tex.) – obtained summary judgment on $30 million mortgage avoidance claims and defeated summary judgment on $10 million preference claims.

• Katchadurian v. NGP Capital Management, Adv. No. 18-03079 (Bankr. S.D. Tex.) – Defeated motion to dismiss on over $100 million in fraudulent transfer and breach of fiduciary duty claims related to sale transactions between affiliated entities.

• Tow v. Lozier ADL LLC, et al (In re ATP Oil & Gas Corp.), Adv. No. 15-03179 (Bankr. S.D. Tex.) – 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.

• Crescent Resources Litigation Trust v. Duke Energy Corporation, et al., Case No. 12-CA-009 (Bankr. W.D. Tex.) – Obtained summary judgment on over a billion dollars in fraudulent transfer claims asserted against Duke Energy based on a leveraged recapitalization.

• Trevino v. HSBC Mortgage Services, Inc., Adv. No. 13-07031 (Bankr. S.D. Tex.) – Represented 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 majority of the claims and mediation.