New and Emerging Issues Arising out of the Bankruptcy or Insolvency of Energy Companies: The Impact of the Latest Recession


  • Josef G.A. Krüger Q.C., Partner, Borden Ladner Gervais, LLP
  • and R.J. Daniel Gilborn Associate, Borden Ladner Gervais, LLP



Energy Law, Petroleum Law


This article highlights new and emerging bankruptcy and insolvency issues that arose out of the latest recessionary period, which led or contributed to the insolvencies of several global energy companies. Through an analysis of a sample of decisions arising out these proceedings, the article posits that the potential exists for further arguments regarding priority disputes, distributions, and set-off in future insolvencies involving energy companies.