Rejection Of Oil And Gas Contracts Can Only Go So Far

Law360, New York ( March 9, 2016, 11:58 AM EST) -- On March 8, 2016, New York Bankruptcy Judge Shelley Chapman announced her much-anticipated decision in the Chapter 11 cases of Houston-based Sabine Oil & Gas Corp. and its affiliates (collectively, "Sabine"). She held that Sabine could reject two oil and gas gathering contracts (collectively, the "Agreements") with Nordheim Eagle Ford Gathering LLC relating to Sabine's oil and gas interests located on a third party's real property (the "mineral interests"). However, Judge Chapman held that, as a procedural matter, she could not decide the underlying disputed real property issues of whether the rights granted under the Agreements are property rights ("covenants running with the land"), or mere contractual rights....

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