
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: February 11, 2016

Partner
201-896-7095 jglucksman@sh-law.comRecently, Swift Energy, the large-scale oil and gas producer, announced that it had filed for Chapter 11 bankruptcy protection. According to The Wall Street Journal, the company became just the latest casualty of the collapse of oil prices in 2015. As part of its bankruptcy petition, the company will sell off a portion of its remaining assets, but it reached an agreement with bondholders to refinance its operations.
In bankruptcy documents, the company and its eight subsidiaries cited record losses as the result of the historic decline in oil prices. According to Fuel Fix, Swift Energy was driven into insolvency after it accrued a debt total of close to $1.2 billion with only $1 billion in assets.
Following the company’s grace period from its December interest payments with bondholders, Swift Energy announced that its offshore operations as well as its onshore wells in Louisiana and Texas had amassed $50 million in trade debt. According to the Journal, the company was forced to sell off a 75 percent stake in its wells in Louisiana to Texegy LLC below market value. Even so, it still could not afford its December interest payments.
Its financial struggles culminated when trading in its common stock was suspended on the New York Stock Exchange Dec. 18. Petro Global News reported that it will eventually be delisted due to “abnormally low” share prices.
As part of its restructuring proposal, the company will conduct a debt-for-equity exchange with senior bondholders. The Journal reported that this deal will swap Swift Energy’s $905 million bond debt for control over its operations. It also calls for a 4 percent equity allocation for existing shareholders in the company after it emerges from bankruptcy. These shareholders will also receive warrants valued at up to 30 percent of the post-petition equity that can be exercised if the company achieves benchmarks listed in the agreement.
The company has also secured up to $75 million in debtor-in-possession financing from its senior bondholders to support its current operations and ensure that it can make royalty and interest payments to creditors. In turn, Swift Energy also negotiated a $330 million pre-petition deal with secured lenders to provide it with a credit facility in its reorganization.
Upon court approval of its bankruptcy plan, the company plans to emerge from the reorganization as a viable business.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Author: George McGowan

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Author: George McGowan

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Author: George McGowan

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]
Author: George McGowan
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!