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Sabine Contract Ruling May Spur More Driller Bankruptcies

Quoted, Law360

A recent bankruptcy court ruling allowing Sabine Oil & Gas Corp. to reject certain midstream contracts is reshaping risk dynamics across the energy sector by signaling that distressed producers may be able to shed unfavorable agreements in bankruptcy.

David Karp, Co-Head of Special Situations & Alternative Investments, notes that the decision hinges on whether contracts are tied to produced hydrocarbons rather than mineral interests in the ground, a distinction that could leave many midstream agreements vulnerable and prompt increased scrutiny from lenders and investors. While the ruling is nonbinding and fact-specific, it may encourage more producers to pursue bankruptcy or renegotiate terms, raising financial and structural risks for pipeline and midstream companies.