Over the past five years, bankruptcy courts have analyzed whether oil and gas producers’ contracts with midstream oil, gas, and produced water companies may be rejected if they create covenants running with the land. Through...more
10/30/2020
/ Appeals ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Covenants that Run With the Land ,
Debtors ,
Executory Contracts ,
Midstream Contracts ,
Mineral Rights ,
Oil & Gas ,
Privity of Contract ,
Privity of Estate ,
Purchase and Sale Agreements ,
Remedies ,
Successor Interests
On December 20, 2019, the United States Bankruptcy Court for the Southern District of Texas (Marvin Isgur presiding) entered a memorandum opinion and order finding that midstream gathering agreements created covenants running...more
12/23/2019
/ Bankruptcy Code ,
Bankruptcy Court ,
Commercial Bankruptcy ,
Covenants that Run With the Land ,
Debtors ,
Executory Contracts ,
Gathering Agreements ,
Memorandum Opinions ,
Midstream Contracts ,
Motion for Summary Judgment ,
Oil & Gas ,
Section 365
A Colorado bankruptcy court has departed from the widely reported holding in Sabine Oil that permitted a debtor to reject a certain midstream gathering agreement. On September 30, 2019, the United States Bankruptcy Court for...more
10/11/2019
/ Asset Purchase Agreements ,
Bankruptcy Code ,
Bankruptcy Court ,
Chapter 11 ,
Commercial Bankruptcy ,
Debtors ,
Energy Sector ,
Free and Clear Transactions ,
Gathering Agreements ,
Midstream Contracts ,
Mineral Extraction ,
Oil & Gas ,
Personal Property ,
Sale of Assets