Skip to content
MarketScale
‹ Back to IndustriesEnergy

E2B: Avoiding Tax Consequences During Oil & Gas Restructurings

With commodity pricing depressed and the coronavirus pandemic continuing to affect industry, many previously passive upstream creditor investors in oil and gas companies are finding their status suddenly changing. Many oil and gas companies and their investors are looking at declaring bankruptcy, which creditors may think they’re ready for. But, they must take income…

This story was produced through MarketScale. See how Energy teams put it to work with Customer Stories & Case Studies.

Share
E2B: Avoiding Tax Consequences During Oil & Gas Restructurings

With commodity pricing depressed and the coronavirus pandemic continuing to affect industry, many previously passive upstream creditor investors in oil and gas companies are finding their status suddenly changing.

Many oil and gas companies and their investors are looking at declaring bankruptcy, which creditors may think they’re ready for. But, they must take income tax considerations into account, says Lynn Loden, Managing Director at Opportune LLP.

“A lot of people will go, ‘Well, there’s just not going to be a tax problem with this. We’ll figure it out,’ because that’s not driving the bus, which is true. Tax shouldn’t drive the bus in bankruptcy,” Loden says. “But it can be a nasty little problem with the way that the bankruptcy code looks at tax during bankruptcy. Those costs can be bumped up to a priority ahead of some senior creditors if you trip a tax during the administration of the bankruptcy case. That’s where, to me, a lot of the risk is.”

For creditors, the form of the instrument they receive could bring along with it unexpected tax consequences, both immediate and long term.

These impacts arise from a lack of knowledge about specific regional regulations and tax-related information, such as oil and gas in places deemed real estate in the U.S., which sets up foreign investors as landowners stateside, which can have sweeping tax consequences.

Loden said the biggest key is simply reaching out for help from a professional with experience in managing these types of oil and gas restructuring situations, such as the leadership at Opportune.

“If you’re a creditor that’s about to become a non-operating owner and the restructuring council is going to give you a partnership interest: Raise your hand quickly,” Loden says. “Because if you’ve never had one before, they’re different. There’s a lot of information and some of it complicates your compliance process and it could even bring your tax-exempt status into question.”

Follow us on social media for the latest updates in B2B!

Twitter – @MarketScale

Facebook – facebook.com/marketscale

LinkedIn – linkedin.com/company/marketscale

Energy: are you visible to AI?

Before they reach out, Energy buyers ask AI engines which vendors to trust. See how AI describes your company today, and where competitors show up instead.

Free workspace

You just read one Energy expert. Imagine publishing your whole team.

This article was produced through MarketScale. Create a free workspace and turn your own team's Energy expertise into the articles, video, and social content B2B marketing buyers in your industry are searching for. No credit card, no demo required.

NPS +73 · 1,000+ creators · 38+ countries

What you get, free

Your own MarketScale Studio workspace
One video edit a month, on us
AI writing, editing, and publishing tools
In-platform coaching to learn the system

More Energy Insights

Heat stress is expanding faster than utility grids can keep up, and the investment gap is widening

Heat stress is expanding faster than utility grids can keep up, and the investment gap is widening

Heat stress is increasing more rapidly than utility grids can expand, leading to a widening investment gap. A study published in Nature indicates that some regions now experience 50 additional heat stress days annually. U.S. utilities have announced plans for a $1.1 trillion grid investment over the next five years to address this growing issue.

  • 01Some regions now experience 50 more heat stress days per year due to climate change.
  • 02U.S. utilities plan to invest $1.1 trillion in the grid over the next five years.
  • 03The investment gap between current utility infrastructure and needed upgrades is widening.

Jul 25, 2026

Fitch downgrades utility sector outlook as $240B capex wave collides with affordability backlash

Fitch downgrades utility sector outlook as $240B capex wave collides with affordability backlash

Fitch Ratings has downgraded the outlook for the utility sector to 'deteriorating'. The sector is facing challenges due to a $240 billion capital expenditure wave coupled with affordability issues that threaten cost recovery.

  • 01Fitch Ratings has downgraded the utility sector outlook to 'deteriorating' due to affordability pressures.
  • 02The utility sector is dealing with a $240 billion capital expenditure wave.
  • 03Affordability concerns could impact the sector's ability to recover costs.

Jul 24, 2026

Utilities set to spend $1.1T on grid infrastructure as electrification drives five-year investment surge

Utilities set to spend $1.1T on grid infrastructure as electrification drives five-year investment surge

Utilities are expected to spend approximately $1.1 trillion on grid infrastructure over the next five years, largely in response to increased electrification demands. The Edison Electric Institute anticipates an investment of $208 billion in 2025 as part of this significant build-out effort. This surge underscores the critical role infrastructure will play in supporting future energy needs.

  • 01Utilities plan to invest $1.1 trillion in grid infrastructure over the next five years.
  • 02A projected $208 billion will be spent on grid upgrades in 2025 alone.
  • 03Electrification is a major driving force behind these substantial investments.

Jul 23, 2026

Explore More Energy Insights

Read more expert perspectives from across Energy.

Browse Energy Hub

For B2B teams

Your experts could be publishing here

Stories like this one run on content MarketScale captures from real practitioners. See how your team's expertise becomes coverage in Energy and beyond.

Book a 15-minute demo

Or call us. No forms required. We pick up. 214-945-2512