
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.

Once a child turns 18, parents lose the automatic legal authority to make medical and financial decisions on their behalf, even if the child still lives at home or remains on the family’s insurance. Three documents close that gap: a durable power of attorney, a health care proxy or directive, and a HIPAA authorization. For […]
Author: George McGowan

Business mediation is a confidential, voluntary process in which a neutral third party helps companies negotiate a resolution to a commercial dispute without going to trial. Because working with a mediator is very different from litigating in the courtroom, it is important to understand how commercial mediation works, when it makes sense for your dispute, […]
Author: Paul Grossman

The five most common causes of construction defect litigation are design defects, substandard materials, workmanship defects, code violations, and subsurface defects. Because these flaws can compromise a building’s integrity, functionality, or safety, they frequently lead to disputes involving multiple parties and high financial stakes. Key takeaways: What is Construction Defect Litigation? Construction litigation is complex, […]
Author: Paul Grossman

The most effective ways to protect your business in a divorce are put in place before one begins: a prenuptial or postnuptial agreement, clean separation of business and personal finances, and divorce contingencies built into your operating or buy-sell agreements. If divorce is already underway, the priorities shift to establishing how the business is classified […]
Author: Jay McDaniel

The most common franchise disputes involve breach of contract, franchise termination and non-renewal, intellectual property rights, territorial encroachment, royalty and fee payments, franchisor support obligations, and violations of state franchise laws such as the New Jersey Franchise Practices Act. Franchisors and franchisees can often resolve these conflicts by providing written notice detailing the dispute and […]
Author: Paul Grossman

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]
Author: Sean M. Pena
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!