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.
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.
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.
$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.
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.
