Friday, July 31, 2015

Camisha Simmons' Article "In Trump Entertainment Resorts Bankruptcy, Court Rules Federal Labor Law 'Trumps' Bankruptcy Stay" was published on Law.com



The article discusses a recent decision in the bankruptcy case In re Trump Entertainment Resorts, Inc., the United States Bankruptcy Court for the District of Delaware ruled that the automatic stay in bankruptcy was inapplicable to, and, accordingly, did not bar a labor union from contacting the bankrupt casino hotel’s customers and potential customers and discouraging them from doing business with the casino hotel.  In reaching its decision, the court determined that the federal Norris-LaGuardia Act trumps the stay, which is automatically triggered upon the filing of a bankruptcy case.

Read more: http://www.law.com/sites/camishasimmons/2015/07/30/in-trump-entertainment-resorts-bankruptcy-court-rules-federal-labor-law-trumps-bankruptcy-stay/#ixzz3hTiDecSV

Wednesday, July 15, 2015

Firm founder's lastest article published in July issue of American Bankruptcy Institute Journal


The oil and gas industry is in a state of uncertainty.  The price of crude oil, which is depressed and fluctuating, has fallen significantly in the past year.  Some exploration and production (E&P) and services companies in the industry have filed for bankruptcy protection while others are experiencing operational distress and may soon follow suit. 

One consequence of the decline in the price of crude oil is that E&P companies and the companies’ secured lenders may lose interests in oil and gas leases on property in which E&P companies are currently actively producing oil and/or gas.  This is so because for a lessee to avoid termination of an oil and gas lease on a lessor’s property, the lessee is required not only to produce oil and/or gas, the production must be in “paying quantities.” 

The article “Termination of Oil and Gas Leases for Failure to ‘Produce’” discusses a typical habendum clause of an oil and gas lease, the importance and definition of “production in paying quantities,” production in paying quantities litigation in bankruptcy, and best practices for parties holding interests in oil and gas leases that may terminate due to unprofitable production. 
Read more http://www.simmonslegal.solutions/termination-of-oil-and-gas-leases-for-failure-to--produce-.html