
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: September 16, 2015

Partner
201-896-7095 jglucksman@sh-law.comHercules Offshore Inc., one of the largest global providers of offshore contract drilling and liftboat services to the oil and gas industry, filed for Chapter 11 bankruptcy protection on August 13. The company stated in court documents that it will implement a $1.2 billion debt-for-equity exchange with its senior bondholders.
Hercules Offshore cited years of declining profits due to a collapse in oil and gas prices for its decision to file for bankruptcy protection, according to the Wall Street Journal. In a statement with the court, Hercules Offshore Chief Financial Officer Troy Carson explained that the energy market downturn led to a drop in prices for drilling contracts. Carson specifically cited Saudi Aramco, which renegotiated its contract with Hercules Offshore on June 1 to reduce its rate from $136,000 to $67,000 for each rig per day. With the reduction in prices, Hercules’ second quarter domestic offshore revenues in 2015 fell to $40.6 million, down 71 percent from second quarter 2014. Similarly, its international offshore business recorded a net operating loss of $40.5 million in second quarter, compared with $6.7 million during the same time frame. Consequently, the company’s operating days were cut back by 66 percent, with its service fleet reduced from 18 rigs to nine.
In bankruptcy filings, the oil producer claimed $546 million in assets, with over $1.3 billion in debt. Carson noted that the company is “out of money” by more than $500 million, so Hercules was unable to pay creditors and maintain value for its shareholders.
Hercules filed a prepackaged restructuring plan that received support from a majority of its senior bondholders, including York Capital Management Global Advisors, Bowery GP, Carval Investors and Centerbridge Credit Partners LP. The proposed balance-sheet reshaping plan is intended to enable the company to fulfill its debts until the energy sector bounces back.
Specifically, the plan calls for its senior bondholders to swap $1.2 billion in outstanding senior notes for 96.9 percent of new common equity in the reorganized company. These bondholders will be offered a 3.1 percent share of equity and certain warrants subject to court approval. Further, an additional $450 million in new debt financing will be provided by these bondholders that wish to participate on a pro rata basis. With this agreement in place, the oil producer will fully fund construction costs for the Hercules Highlander rig development project, with additional liquidity to fund company operations.
Currently, Hercules has sufficient resources and revenues to continue operations and expects to emerge from the bankruptcy process as a viable business. In court papers, the company expected to be in bankruptcy proceedings for 45 to 60 days, and does anticipate further operational interruptions.
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.

Compliance programs are no longer judged by how they look on paper, but by how they function in the real world. Compliance monitoring is the ongoing process of reviewing, testing, and evaluating whether policies, procedures, and controls are being followed—and whether they are actually working. What Is Compliance Monitoring? In today’s heightened regulatory environment, compliance […]
Author: Dan Brecher

New Jersey personal guaranty liability is a critical issue for business owners who regularly sign contracts on behalf of their companies. A recent New Jersey Supreme Court decision provides valuable guidance on when a business owner can be held personally responsible for a company’s debt. Under the Court’s decision in Extech Building Materials, Inc. v. […]
Author: Charles H. Friedrich

Commercial real estate trends in 2026 are being shaped by shifting economic conditions, technological innovation, and evolving tenant demands. As the market adjusts to changing interest rates, capital flows, and workplace models, investors, owners, tenants, and developers must understand how these trends are influencing opportunities and risk in the year ahead. Overall Outlook for Commercial […]
Author: Michael J. Willner

Part 2 – Tips Excluded from Income Certain employees and independent contractors may be eligible to deduct tips from their income for tax years 2025 through 2028 under provisions included in the One Big Beautiful Bill. The deduction is capped at $25,000 per year and begins to phase out at $150,000 of modified adjusted gross […]
Author: Scott H. Novak

Part 1 – Overtime Pay and Income Tax Treatment Overview This Firm Insights post summarizes one provision of the “One Big Beautiful Bill” related to the tax treatment of overtime compensation and related employer wage reporting obligations. Overtime Pay and Employee Tax Treatment The Fair Labor Standards Act (FLSA) generally requires that overtime be paid […]
Author: Scott H. Novak

In 2025, New York enacted one of the most consequential updates to its consumer protection framework in decades. The Fostering Affordability and Integrity through Reasonable Business Practices Act (FAIR Act) significantly expands the scope and strength of New York’s long-standing consumer protection statute, General Business Law § 349, and alters the compliance landscape for New York […]
Author: Dan Brecher
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!