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

Westinghouse files for IPO as utilities race to lock in nuclear, coal, and data-centre power capacity

Westinghouse files for IPO as utilities race to lock in nuclear, coal, and data-centre power capacity

Westinghouse has filed for an IPO amid increased utility-sector deals as energy procurement teams encounter limited supply in nuclear, coal, and grid infrastructure. This trend indicates a growing demand for reliable energy sources and strategic investments in energy capacity. The move comes as organizations seek to secure long-term energy contracts for operational stability.

  • 01Westinghouse's IPO filing is a response to the rising demand for stable energy sources.
  • 02Utility-sector deals are increasing as companies strive to secure energy contracts amid supply challenges.
  • 03Organizations are prioritizing long-term energy procurement for operational stability.

Aug 1, 2026

Europe's summer power crunch is accelerating battery and solar investment across the continent

Europe's summer power crunch is accelerating battery and solar investment across the continent

Europe is facing a summer power crunch due to heat waves, nuclear outages, and drought, leading to soaring power prices. This situation is accelerating investments in battery and solar energy projects across the continent, from Italy to Slovenia. Grid storage projects are being fast-tracked to address the increasing demand and stabilize energy supply.

  • 01European power prices are reaching multi-year highs during summer due to heat waves, nuclear outages, and droughts.
  • 02In response to the power crunch, investments in battery and solar energy projects are increasing across Europe.
  • 03Countries from Italy to Slovenia are fast-tracking grid storage projects to stabilize energy supply.

Aug 1, 2026

Renewable energy roundup: Offshore supply chains, storage deals, and output records define July 16

Renewable energy roundup: Offshore supply chains, storage deals, and output records define July 16

July 16 saw significant developments in renewable energy, including a massive 3.2GW offshore wind project in Korea and a record-breaking solar output in Great Britain. These milestones highlight the growing momentum of renewable energy projects globally. The day was marked by substantial procurement and operational advancements in the energy sector.

  • 01A 3.2GW offshore wind project in Korea marks a notable advancement in renewable energy capacity.
  • 02Great Britain achieved a record solar energy output, emphasizing the potential for solar power in the region.

Jul 27, 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