
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: February 9, 2016

Partner
201-896-7095 jglucksman@sh-law.comIt has been announced that Cubic Energy Inc., one of the largest remaining oil companies in Texas, had filed for Chapter 11 bankruptcy protection. According to The Wall Street Journal, the company is just the latest to feel the brunt of the collapse of oil prices. As part of its bankruptcy plan, Cubic Energy will hand over control of the company in a debt-for-equity swap with Wells Fargo Energy Capital Inc., as well as with a portion of its secured lenders.
To explain its need for the bankruptcy filing, the company cited the historic 65 percent drop in oil prices in 2015 from $100 per barrel to $35. According to Market Watch, these prices dropped and remained low for the majority of 2015, and there is no certainty that OPEC will make any changes that could potentially boost oil prices in the near future. As a result, Cubic Energy joined more than 30 oil and gas exploration and production companies seeking Chapter 11 bankruptcy protection in recent months.
As a result of its financial shortcomings at the tail end of 2014, Cubic Energy has looked to sell the firm and its assets for over a year. In its court documents, the company listed assets of $120.7 million and debts of $126.4 million in debt, with $29.9 million owed to Wells Fargo.
Cubic Energy reached an agreement with its lenders on a pre-packaged bankruptcy plan. The Wall Street Journal reported that a majority of its creditors led by Wells Fargo will receive equity shares in the company in exchange for relief from the debt total owed to them. Wells Fargo will also gain ownership of the company’s Louisiana holdings valued at $10 million, while Anchorage Capital Group LLC, Corbin Capital Partners LP and O-CAP Management LP will take control over the remaining company assets worth approximately between $46 million to $76 million.
The company is seeking approval for several first day bankruptcy motions to maintain its current business operations. Its goal is to keep the business running until the sale is complete so as to not depreciate its asset or net worth. In its bankruptcy documents, Cubic Energy also stated that it intends to emerge from the bankruptcy period as a viable business, which makes its continuing business operations crucial.
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.

IP infringement occurs when someone uses your intellectual property without your permission or beyond the scope of the permission you granted. Common examples of IP infringement include copying a product’s patented features or using a trademarked logo in a way that is likely to confuse consumers about the source or affiliation of goods or services. […]
Author: Michael Mietlicki

When facing public allegations of wrongdoing, companies should not let the speed of the public conversation dictate the speed of an investigation. An investigation designed to confirm a preferred narrative rather than establish the facts can create serious problems later, particularly if litigation, regulatory scrutiny, or employment claims follow. Key Takeaways When public allegations surface […]
Author: Sean M. Pena

For battery energy storage system (BESS) developers, securing equipment and site control is only part of the development equation. A project must also connect to the electric grid, and increasingly, BESS interconnection is one of the biggest sources of schedule, cost, and contractual risk. Key Takeaways This article is Part 3 of our Battery Storage […]
Author: Nicholas Wall

Director and officer liability increases sharply when a company is in financial distress. Decisions that would draw little attention in a healthy business can later be challenged by creditors, shareholders, bankruptcy trustees, and regulators as breaches of fiduciary duty, fraudulent transfers, or oversight failures. Understanding where that exposure comes from, and how to manage it, […]
Author: Michael Mietlicki

For developers pursuing battery energy storage system (BESS) projects, finding the right property is only the beginning. BESS site selection is as much a legal and transactional exercise as a real estate decision, with risk analysis central to the project’s ultimate success. Key Takeaways The core questions for BESS site selection in New York and […]
Author: Nicholas Wall

What should you expect when meeting a litigation attorney about a business dispute? You should expect to describe the dispute in your own words, hand over the most important documents, flag any deadlines or immediate threats, and leave with a clearer picture of the problem, what information is still needed, and the likely next steps. […]
Author: Michael Mietlicki
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!