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The number of E&P bankruptcy filings is on a decreasing trend with 67 percent fewer filings in 2017
than 2016. At the same time, the amount of debt administered in the recent filings is substantial.
The amount of debt being administered by the E&P debtors that filed bankruptcy in the first quarter
of 2018 almost equals the debt administered by filings during the entirety of 2017. The debt level of
the 2018 filers is also significantly more than the companies that filed during the first quarter of 2016,
which was the worst year of the downturn from a bankruptcy-filing perspective.
The lawyers of Haynes and Boone’s Energy and Restructuring practice groups are continuing to
follow industry developments. The firm has played a key role in a number of high-profile E&P and
oilfield service matters, including asset sales, refinancings, debt restructurings and Chapter 11
cases, representing debtors, creditors, energy lenders, and private equity investors.
Industry analysts and members of the press have referenced the Oil Patch Bankruptcy Monitor,
Midstream Report, Oilfield Services Tracker, and Haynes and Boone’s Borrowing Base Survey
(available here) as indicators of the impact of market conditions. The slides that follow include
Haynes and Boone’s most recent summary of E&P bankruptcy filings, which will be updated
periodically. The conclusion of the following slides includes an analysis of the preferred method of
exit from bankruptcy among oil and gas producers. Should you have any questions or comments
regarding this information, please contact any of the lawyers listed in these materials.
160
140
120
NUMBER OF FILINGS
100
80
60
40
20
0
JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC. JAN. FEB. MAR. APR. MAY JUNE JULY AUG. SEPT. OCT. NOV. DEC. JAN. FEB. MAR.
$100
$90
$80
$70
BILLIONS
$60
$50
$40
$30
$20
$10
$0
2015 2015 2015 2015 2016 2016 2016 2016 2017 2017 2017 2017 2018
Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1
MINNESOTA
1 CANADA
18
MONTANA
1
MASSACHUSETTS
1
NEW YORK
6
UTAH
COLORADO DELAWARE
2 KENTUCKY
22
CALIFORNIA 9 1
2 VIRGINIA
ARIZONA NEW OKLAHOMA 1
ALASKA
1 MEXICO 2
2 1 WEST
VIRGINIA
TEXAS 1
66 ALABAMA
LOUISIANA 1
6
ARIZONA
$3,699,213
CALIFORNIA
$64,383,419
CANADA
$1,710,380,228
COLORADO
$421,728,274
KENTUCKY
$13,717,247 DELAWARE
LOUISIANA
$20,881,486,326
$474,305,145
MASSACHUSETTS
$3,578,276
MINNESOTA TEXAS
$1,233,733
$46,035,665,150
MONTANA
$83,726,167 NEW YORK
NEW MEXICO
$18,591,566,079
$1,286,649
OKLAHOMA
$138,654,485
UTAH
$274,640,449
VIRGINIA
$1,250,928,395
WEST VIRGINIA
$40,865,611
*Debt information estimated from declarations or other filings; schedules not yet available.
*Debt information estimated from declarations or other filings; schedules not yet available.
*Debt information estimated from declarations or other filings; schedules not yet available.
Sixteen (16) Chapter 7 liquidations with total cumulative debt of $1 billion and four (4) Chapter
15 cases related to foreign insolvency proceedings with total cumulative debt of $8.6 billion
were filed during this time period. The remaining twenty-one (21) cases, with exit strategies
undetermined, have cumulative debt of $3.5 billion.
Section 363 sales, while representing approximately twenty-nine (29) percent of the number of
cases, have been more commonly employed for smaller debtors. Yet, debt-to-equity
conversions, often through pre-packaged or pre-negotiated plans, (seventy (70) percent by
cumulative debt) have been the exit of choice for the largest oil and gas exploration and
production companies.
The following slides include Haynes and Boone’s most recent summary of proposed and
confirmed E&P bankruptcy exits, for U.S. filings, by strategy. Because this information includes
HAYNES AND BOONE, LLP
proposed
OIL PATCHexit strategies,
BANKRUPTCY it is subject to change.
MONITOR
12
2015-2018 E&P BANKRUPTCY 2015-2018 E&P SECURED AND
FILINGS BY EXIT STRATEGY UNSECURED CUMULATIVE DEBT
Reorganization – 10
Reorganization
Chapter 15 – 4 $3,857,727,490
Chapter 7
$1,008,163,536
Other
$3,485,226,654
363 Sales
Chapter 7 Debt-to-Equity $9,229,949,863
16 38 Chapter 15
$8,624,500,000
Other Debt-to-Equity
$62,318,467,166
21 363 Sales
37
FILING CASE
DEBTOR COURT SECURED UNSECURED TOTAL
DATE NUMBER
Sandridge Energy, Inc 5/16/2016 S.D. Tex. 16-32488 $1,830,723,814 $6,429,496,050 $8,260,219,864
Linn Energy, LLC 5/11/2016 S.D. Tex. 16-60040 $2,946,485,996 $3,110,261,979 $6,056,747,975
Fieldwood Energy LLC et al. 2/15/2018 S.D. Tex. 18-30648 $3,287,000,000 $56,697,997 $3,343,697,997
Sabine Oil & Gas 7/15/2015 S.D.N.Y. 15-11835 $1,659,821,675 $1,201,384,671 $2,861,206,346
Energy XXI LTD 4/14/2016 S.D. Tex. 16-31928 $1,543,278,368 $1,206,231,587 $2,749,509,955
Midstates Petroleum Company, Inc. 4/30/2016 S.D. Tex. 16-32237 $1,457,075,690 $673,088,846 $2,130,164,536
Memorial Production Partners LP 1/16/2017 S.D. Tex. 17-30262 $457,400,000 $1,595,815,000 $2,053,215,000
Haynes and Boone has more than 600 lawyers, including nearly 30 restructuring practitioners and 100 energy lawyers and landmen serving clients
across the globe.
Haynes and Boone has more than 600 lawyers, including nearly 30 restructuring practitioners and 100 energy lawyers and landmen serving clients
across the globe.