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Federal Regulatory Receivership of Oil & Gas Company

J.S. Held Acquires Shechter & Everett to Expand Forensic Accounting Capabilities for Family Law Disputes in Florida

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Home·Federal Regulatory Receivership of Oil & Gas Company

The Situation

The oil and gas company had been severely mismanaged and neglected, owed money to numerous vendors who were threatening to lien revenues, and suffered from substantial deferred maintenance and substandard capital improvements.  It carried numerous liabilities and threats by unpaid vendors to lien the company’s oil production revenues, eliminating its equity value.

The SEC nominated and the US District Court appointed our experts as Federal Regulatory Receiver to take possession of the business, discover the sources of its operational issues, devise a strategy to monetize the receivership estate’s assets and achieve the best possible recovery for the creditors.

How We Advised

The Securities & Exchange Commission (SEC) filed a complaint against an entity that allegedly had fraudulently offered securities in an entity owning an oil and gas drilling and production company, and subsequently issued deeds of trust in the oil interests to dissolve the operation. J.S. Held, as receiver, completed a successful turnaround, transforming the insolvent business to cash flow positive through capital improvements, operational improvements and creditor negotiations. Our experts then prepared the business for sale as a going concern, salvaging a return of capital to the defrauded investors.

 

Obstacles & Our Solutions

  • The company had no cash on hand.
    • Our experts quickly identified and implemented methods to increase production and reduce expenses, resulting in positive net income and stabilizing cash flow.
    • We reduced staffing, saving approximately $13,000 per month.
    • Our team obtained court approval to sell an old, unused oil rig, generating a recovery for the estate and much-needed capital for operations and capital improvements.
  • The company had significant outstanding payables and vendors were threatening to file liens against the company’s proceeds.
    • Our experts proactively educated the vendors on the risks of liens, which would ultimately bankrupt the operations.
    • Our team negotiated payment plans with the vendors, mitigating the risk of liens and increasing working capital to improve operations.
  • The company had substantial deferred maintenance and lapsing compliance.
    • We retained a local expert to prioritize capital improvement projects, maximizing monthly production and bringing additional wells online
    • Our experts approached deferred maintenance tactically, using available cash to repair the highest producing wells.
    • We immediately took action to bring well permitting, licensing and reporting into compliance.
    • Our team brought current royalty payments for land and mineral leaseholds, thereby preserving the leases for a prospective buyer.
  • An investor initiated litigation seeking recovery of his equity interest from the company’s sale proceeds ahead of other investors.
    • Our experts used cost-effective strategies to investigate the origination of the investor’s contribution, determining he may not have been a true equity-holder and, therefore, did not have a preference.
  • Selling the company’s real property, equipment and personal property was complicated by fractionalized investor deeds in the oil land and mineral rights.
    • We engaged a land title expert to evaluate the ownership and lease rights of the oil land.
    • Our team obtained court-approval to pursue a recovery plan to restore title to the receivership entities and sell the company.
    • Our experts analyzed historical well and geological data to understand future perforation and drilling opportunities for an acquirer.
    • We worked with a local oil expert and a large oil & gas brokerage to develop a marketing and offering package for the sale of the company.

Key Contact

David Stapleton, CPA, CLPF
Senior Managing Director
Strategic Advisory Practice
+1 213 235 0601
[email protected]

Related Practice Areas

> Receiverships
Federal and state courts, creditors, and legal counsel choose our team to serve as Receiver of distressed businesses and real estate entities. We stabilize operations and cash flow, safeguard business assets, and pursue methods to maximize financial recovery. Our multidisciplinary team applies a wide breadth of restructuring and industry experience as Receiver to take control of companies facing financial, operational, and legal issues.

 

> Chief Restructuring Officer (CRO) and Interim Management Services
Our experienced C-suite interim executives advise and support companies in financial distress, experiencing hypergrowth, or that are challenged by critical vacancies among senior leadership. Whether the leadership void results from operating challenges, a recent officer resignation, the need for added support during busy periods, or during an extended job search for the right permanent hire, our experienced executives provide immediate relief and value.

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