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

Utilities face a $240 billion capital squeeze as affordability pressure mounts

Utilities face a $240 billion capital squeeze as affordability pressure mounts

The utility sector is experiencing a financial crunch with a $240 billion capital requirement. Fitch has downgraded the sector's outlook, and EY highlights the need for significant investment as operators struggle with rising demand and the challenge of recovering costs. The industry faces pressure from both capital needs and affordability concerns.

  • 01The utility sector requires a $240 billion investment to meet new demands.
  • 02Fitch has downgraded the utility sector's outlook due to financial challenges.
  • 03Operators in the utility sector are caught between rising demand and the risk of rate recovery.

Jul 22, 2026

Energy transition market set to nearly double by 2032, with Asia-Pacific and distributed energy leading the charge

Energy transition market set to nearly double by 2032, with Asia-Pacific and distributed energy leading the charge

The global energy transition market, valued at $2.87 trillion in 2025, is expected to nearly double to $6 trillion by 2032. This growth is driven largely by advancements in solar technology, energy storage, and grid modernization, with significant contributions from the Asia-Pacific region and distributed energy systems.

  • 01The global energy transition market is projected to grow from $2.87 trillion in 2025 to nearly $6 trillion by 2032.
  • 02Solar technology, energy storage, and grid modernization are significant drivers of this market growth.
  • 03Asia-Pacific and distributed energy systems are major contributors to the expansion of the energy transition market.

Jul 22, 2026

Electrification hits enterprise scale: EV freight corridors, battery swaps, and the UK's petrol car tipping point

Electrification hits enterprise scale: EV freight corridors, battery swaps, and the UK's petrol car tipping point

Enterprise-scale electrification is gaining momentum with electric vehicles outselling petrol cars in the UK. A new 1,200-km zero-emission freight corridor has been launched in Colombia, and CATL is targeting to equip 300,000 trucks in Europe with battery swapping technology. These developments signify pivotal shifts in transportation and energy sectors.

  • 01Electric vehicles have surpassed petrol car sales in the UK.
  • 02A 1,200-km zero-emission freight corridor has been launched in Colombia.
  • 03CATL is targeting battery swaps for 300,000 trucks across Europe.

Jul 21, 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