
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: November 5, 2015
Partner
201-896-7095 jglucksman@sh-law.comOn Oct. 2, Miller Energy Resources Inc., one of the major oil and gas producers in the U.S., announced that it filed for Chapter 11 bankruptcy protection. According to the Wall Street Journal, Miller Energy plans to hand over control of operations to Apollo Investment Corp. and Highbridge Capital Management LLC.
The company cited several issues contributing to its decision to seek Chapter 11 bankruptcy protection, but chief among them was the rapid decline of prices in the energy markets. Like many independent companies in the oil and gas commodities sectors, Miller Energy was deeply affected by the plummeting price of oil. In bankruptcy papers, company officials stated that the price of Brent crude oil has dropped from over $100 per barrel in the summer of 2014 to $45 per barrel this summer. With these falling prices came a substantial drop in revenues, leading the company into record losses. As a result, the company’s revenues were down by 30 percent in the third quarter of 2015 to $15.5 million, with a $111 million net loss for the year to date.
In its court documents cited by a Reuters report, Miller Energy listed approximately $393 million in assets with only $6.2 million in cash on hand, and $336 million in liabilities with over $183 million in debt. Then as the company faced an involuntary Chapter 11 bankruptcy petition from creditors of its Inlet Energy LLC subsidiary, Miller Energy decided to file for Chapter 11 bankruptcy protection. According to a separate Wall Street Journal report, these creditors, Baker Hughes Oilfield Operations, Inc., M-I LLC and Schlumberger Tech. Corp. claimed that Miller Energy owed them $2.8 million.
Miller Energy had initially negotiated a deal with a lender for $165 million in operating capital, but the involuntary bankruptcy filing and a fraud charge levied against the company by the Securities and Exchange Commission led to the termination of the agreement, which forced the company into insolvency.
The SEC charged Miller Energy with accounting fraud in August after it was reported that several companies were owed millions of dollars from a subsidiary of Miller Energy. In the lawsuit, the SEC claimed that the company overstated the value of its asset holdings by over $400 million after it acquired $2.5 million in oil and gas assets in 2009, according to a report by Fuel Fix. This not only inflated the valuation of Miller Energy’s net income and total assets, but it vaulted the company from a $0.61 per share penny stock to an asset traded on Nasdaq for $6.60 per share. It reached the New York Stock Exchange in 2013 when it traded at its peak of $8.83 per share.
As a result of the fraud charge, Miller Energy has agreed to pay $5 million each year till 2018 as part of a deal reached with the SEC.
As part of the restructuring deal, which is subject to court approval, Miller Energy will receive $20 million in financing from a debtor in possession agreement from its junior lenders Apollo Investment Corp., an arm of Apollo Global Management, and Highbridge Capital Management LLC, the investment management branch of JPMorgan Chase & Co. In the agreement, Apollo Investment Corp. and Highbridge Capital Management LLC will exchange over $190 million in Miller Energy’s second-lien debt for new debt and 100 percent equity in the company, according to Seeking Alpha. The deal would also provide the company’s unsecured creditors with warrants to buy equity stakes in the company as well as the chance to recover a minimum amount of cash. In turn, the agreement would also give preferred and common shareholders warrants to purchase equity.
The proposed agreement is also subject to approval from the SEC because its settlement would be applicable to the company.
The $20 million debtor in possession financing will be used to maintain operations through the bankruptcy period because the company intends to emerge from the restructuring process as a viable business, according to a report by the Houston Business Journal. However, before the company can emerge from the bankruptcy period, there are several issues facing Miller Energy.
It has an outstanding $82.5 million impairment fee on an unproductive well as well as over $14 million in charges on drilling rigs. Perhaps even more pressing for the company though is that Miller Energy could be de-listed from the New York Stock Exchange following its civil action with the SEC. This is due to the fact that the company has been priced below the $1 threshold since April.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Breach of contract disputes are the most common type of business litigation. Therefore, nearly all New York and New Jersey businesses will likely have to deal with a contract dispute at least once. Understanding when to file a breach of contract lawsuit and how long you have to sue for breach of contract is essential […]
Author: Brittany P. Tarabour
Closing your business can be a difficult and challenging task. For corporations, the process includes formal approval of the dissolution, winding up operations, resolving tax liabilities, and filing all required paperwork. Whether you need to understand how to dissolve a corporation in New York or New Jersey, it’s imperative to take all of the proper […]
Author: Christopher D. Warren
Commercial leases can take a variety of forms, which is often confusing for both landlords and tenants. Understanding the different types, especially the gross lease structure, is important when selecting the lease that best suits your needs. One key distinction between lease types is how rent is calculated and paid. This article addresses the two […]
Author: Robert L. Baker, Jr.
Over the past year, brick-and-mortar stores have closed their doors at a record pace. Fluctuating consumer preferences, the rise of online shopping platforms, and ongoing economic uncertainty continue to put pressure on the retail industry. When a retailer seeks bankruptcy protection, a myriad of other businesses are often impacted. Whether you are a supplier, customer, […]
Author: Brian D. Spector
Since his inauguration two months ago, Donald Trump’s administration and the Congress it controls have indicated important upcoming policy changes. These changes will impact financial services policies and priorities. The changes will particularly affect cryptocurrency, as well as banking rules and regulations. Key Regulatory Changes in Cryptocurrency For example, in the burgeoning cryptocurrency business environment, […]
Author: Dan Brecher
The retail sector has experienced a wave of bankruptcy filings over the last year. Brick-and-mortar businesses in financial distress include big-name brands like Big Lots, Party City, The Container Store, and Vitamin Shoppe. When large retailers seek bankruptcy protection, they are not the only businesses impacted. Landlords can be particularly hard hit. While commercial landlords […]
Author: Brian D. Spector
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!