Case Studies

$6 Million Credit Facility Default Workout

We successfully guided an out-of-court workout of a borrower’s default on a $6 million credit facility secured by real estate and heavy construction equipment. Our attorneys assisted in the asset liquidation and resolved priority disputes with other secured creditors. We also negotiated an asset surrender agreement and secured party sale of collateral.

Oil + Gas Leasehold Interest Litigation

Our attorneys regularly represent oil and gas producers defending claims by landowners seeking to cancel oil and gas leases for alleged breaches of implied covenant to develop, lack of production under secondary term and other claims.

Oil + Gas Foreclosure Litigation and Resolution

Our firm recently resolved multi-million-dollar foreclosure litigation relating to real estate and mineral interests. These negotiations involved the resolution of an amount claimed due for an oil and gas development loan and a lien on oil and gas interests. The successful resolution included the creation of a new oil and gas lease, securitization documents and a work-out agreement.

Workout and Friendly Foreclosure of Failing Pipeline Company’s Assets

In this case, the pipeline company failed during completion of a major project for a mid-stream transporter during the rainy winter season; the mid-stream transporter alleged faulty construction and the pipeline company defaulted on its loan. Attorneys at Kegler Brown negotiated a loan workout between the lender, the mid-stream transporter and the pipeline construction company, as well as other creditors, to complete construction, release liens, sell assets and pay debts.

The Nicole Energy Services Bankruptcy

On behalf of the debtor, we prosecuted an action for breach of contract and negligence against a large mid-western pipeline transportation company; the negotiated settlement valued more than $3.5 million for benefit of the creditors. Our attorneys overcame the opposition of the debtor’s management and obtained court approval of compromise. We successfully defended the outcome through appeals up to the United States Supreme Court.