How Will Oil Company Bankruptcy Affect Me As A Royalty Owner?

I received a notice of Bankruptcy (Ch11) in April 2013 for GMX Resources from whom I receive about $1000 a year in royalties from a dozen gas and oil wells in Harrison County, TX. There are also notices from Diamond Blue Drilling and Endeavor Pipeline. In July I received a "Notice Of Bar Date To File Proof of Claim" ( 9/16/13) regarding the bankruptcy of GMX et al.
I have verified in the BK filing that I'm listed on Schedlue D Secured Creditors "PRE-PETITION/PROCEEDS FROM OIL & GAS SALES. FUNDS HELD IN TRUST FOR NAMED ENTITY" Amount Unknown.
1. How can this bankruptcy affect me as a royalty owner?
2. Is there any action you recommend I should take?
3. What are the ramifications of this filing on the original lease agreement from 1947 - is there an opportunity here for me to improve it? The lease was originally signed in 1947 and the terms are not favorable (1/8th payout of profits split amongst 100+ royalty owners affected by this lease).

Thanks!

2348-1947.04.01_Lease_WmSmithSurvey.T5559GMX.pdf (2.42 MB) 2349-Goebel_GMXBk_2013.pdf (425 KB)

NOT LEGAL ADVICE

1. There will be no effect on your royalty ownership. As far as your royalty stream of income, you might experience some delays in payments as whoever pays you can't just cut a check, they have to get approval from the Court.

2. Not that I can think of, maybe somebody else can think of something.

3. The original Lease will not be affected in any way, it remains a legitimate, binding contract in every way based upon the original terms (or as amended by both parties), and the Lease will be perpetuated and owned by whoever buys it from the Bankruptcy Court when they liquidate the assets.

Pete - thank you! Your response matches what I was thinking, too.

Linda,

Pete presumes that there will be a liquidation of the assets. Maybe not. Check your legal documents to see if GMX is filing for protection or liquidation and if it is a voluntary filing or creditor filing. The essence of filing is often to seek protection from creditors for a time while the company gets its affairs in order. What happens next is up to the all powerful Bankruptcy Court. The best you can do in the meantime is to assert your rights as a secured creditor and hold on for the law to take its course. Then hope you will get all or part of your royalty payments Be happy you are not a shareholder. They are the low man on the totem.

I am not a lawyer, and do not purport to offer legal advice, but I have experience in this area. If you are owed any outstanding royalties from production prior to the bankruptcy filing, you should submit a proof of claim for the estimated amount of the claim.

The Debtor is supposed to file a schedule of assets and liabilities and a creditor list, and you also should check to be sure that you are listed as creditors

I believe that any proof of claim should be for a stated liquidated amount, but estimates are allowed. Perhaps you and your co-owners can get together and hire a lawyer to file a single proof of claim for the owners of specific tracts of land.

Since we are in my home state, I have learned the hard ways sometimes on the intricacies of bankruptcy law.

Here is the run-up to the law, so that it will begin to make sense to you (I hope).

In the 1980's oil prices totally bottomed out, reserve values pledged as collateral plummeted and the banks called the loans and beaucoup companies sought protection from creditors by filing for bankruptcy.

There are several stages of bankruptcy. Lots of reading will show you the difference. I think that the book begins at Chapter 11 and ends with Chapter 7.

Royalty owners found that, if the bankrupt company owed them royalties, they were classified as unsecured creditors and had to fight with other unsecured creditors of the company over limited funds (if any) to recover their royalties.

A lawyer friend of mine told me at the time, his business was always booming. If there were not any typical or standard oil and gas work to be done, he always had the bankruptcies. And the attorneys are paid first. Fancy that.

As a result, the Texas Legislature passed a new statute, now Section 9.343 of the Texas Business and Commerce Code, which grants to royalty owners a security interest in production from their well, and in the proceeds of sale of production, to secure the payment of their royalties. Royalty owners do not have to make any filings or do anything in advance in order to have the protections of this statute. Its effect is to make the royalty owners secured creditors in the bankruptcy case of the company that owes them royalties. If the company still has funds in its account that represent proceeds from the sale of production, you would have a claim against those funds superior to unsecured creditors of the company. The statute has been upheld and enforced in bankruptcy proceedings.

If the company that pays your royalties files for bankruptcy, you will receive a notice of that filing, as a creditor of the company. Typically, the notice will classify you as an unsecured creditor. In order to take advantage of the protection provided by Section 9.343, you will have to file a claim asserting your secured status. This will probably require the help of a bankruptcy attorney. I was in that situation before and clients of mine are in that situation now and that is what we did. It puts us at the head of the line to be paid, after the lawyers, court costs, special masters, etc.

If you receive the royalty from the purchaser rather than the operator, there are some changes to the above.

Get a lawyer and save the grief. There are just some things that lawyers can do that us regular folk can't. This is one of them. Believe you me.

1 Like

Here is a link to an interesting article about whether oil and gas leases can be rejected in bankruptcy.

http://www.kslaw.com/library/newsletters/EnergyNewsletter/2013/February/article8.html

Thank you all for your great input. I know I'm a secured creditor in the BK filing, so will wait and see what happens.

This is about Sampson's Bankruptcy,

Minerals in Roger Mills Oklahoma,

I received notice of the Sampson Bankruptcy, called Sampson and

was told that I would receive royalities, they did not tell me to

fill out any BK? filings. No royality checks since August 2015

Should I have done that?

Lauren