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

AI data centers are straining the grid faster than utilities can build. Fast storage is filling the gap.

AI data centers are straining the grid faster than utilities can build. Fast storage is filling the gap.

AI data centers require power within months, but grid upgrades take years. To address this gap, fast storage solutions are becoming essential. Additionally, FERC is influencing how utilities manage their power resources.

  • 01AI data centers need rapid power supply.
  • 02Grid upgrades are slower than the demand from AI centers.
  • 03Fast storage solutions are critical in bridging the supply gap.

Jul 14, 2026

S&P Global Energy expands price reporting role in London chemicals market

S&P Global Energy expands price reporting role in London chemicals market

S&P Global Energy is expanding its presence in the London chemicals market by hiring an Associate Price Reporter. This move indicates the company's commitment to enhancing its commodity price discovery services for enterprise buyers. The development reflects S&P Global Energy’s continued investment in the sector.

  • 01S&P Global Energy is hiring in London.
  • 02The role is focused on chemicals market price reporting.
  • 03Demonstrated investment in commodity price discovery.

Jul 14, 2026

Philippines raises renewable energy target to 50% by 2030, signaling major grid shift for industrial operators

Philippines raises renewable energy target to 50% by 2030, signaling major grid shift for industrial operators

The Philippine Department of Energy has increased its renewable energy target to comprise 50% of the country's power mix by 2030. This move is set to significantly impact energy procurement strategies and grid planning for industrial operators. The shift indicates a major adjustment in the country's approach to energy production and distribution.

  • 01Philippines targets 50% renewable energy by 2030.
  • 02Significant implications for energy procurement and grid planning.
  • 03Major shift in energy production and distribution strategies.

Jul 14, 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