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

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 expert. Imagine publishing your whole team.

This article was produced through MarketScale. Create a free workspace and turn your own team's expertise into articles, video, and social posts. 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

EIA slashes oil price forecast 14% after U.S.-Iran deal reopens Strait of Hormuz

EIA slashes oil price forecast 14% after U.S.-Iran deal reopens Strait of Hormuz

The EIA has revised its Brent crude oil price forecast downward by 14% for 2026 following a U.S.-Iran agreement that reopens the Strait of Hormuz, alleviating a prolonged supply disruption. The price forecast has been adjusted to $82 per barrel from $95 per barrel. The reopening of the Strait is expected to ease tensions and improve oil supply stability.

  • 01The EIA has reduced its 2026 Brent crude oil price forecast from $95 to $82 per barrel.
  • 02The U.S. and Iran reached an agreement that reopens the Strait of Hormuz.
  • 03The reopening eases a five-month oil supply crisis.

Jul 17, 2026

Clean energy investment hits $2.2 trillion in 2026, nearly doubling fossil fuel spending

Clean energy investment hits $2.2 trillion in 2026, nearly doubling fossil fuel spending

Global energy investment is projected to reach $3.4 trillion by 2026, with clean energy spending nearly doubling that of fossil fuels. The International Energy Agency's latest report highlights this trend, showing a significant shift towards sustainable energy sources.

  • 01Clean energy investment will reach $2.2 trillion in 2026.
  • 02Overall energy investment globally is expected to be $3.4 trillion by 2026.
  • 03Investment in clean energy will outpace fossil fuel spending almost two to one.

Jul 17, 2026

Solar hits 8.7% of global power, but fossil fuels still grew faster in 2025

Solar hits 8.7% of global power, but fossil fuels still grew faster in 2025

The Energy Institute's 2026 Statistical Review indicates that while renewable energy sources like solar accounted for 8.7% of global power in 2025, fossil fuel consumption continued to rise due to overall increases in energy demand. The report highlights the challenges in transitioning to renewables given the growing global energy needs.

  • 01Solar energy accounted for 8.7% of global power in 2025.
  • 02Fossil fuel consumption increased despite the growth in renewables.
  • 03Total energy demand grew at a rate faster than the integration of renewables.

Jul 17, 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