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Expert Analysis

8th Circ. Ruling May Provide Relief For Bakken Debtors

By Isaac Griesbaum and Katherine Preston ( August 21, 2020, 5:08 PM EDT) -- Recently, the COVID-19 pandemic and depressed commodity prices have spurred a wave of bankruptcies throughout the U.S. energy sector. In these cases, parties commonly question whether the debtor must remain bound by its contracts through bankruptcy — especially when those contracts purport to create covenants running with the land. Parties often dispute these alleged covenants because they can significantly affect a reorganization....

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