Tulsa Lawyer Magazine April 2016

April 2016

• The Roles of Supervised Visitation & Therapy

• Joint Operating Agreements in Chapter 11 Bankruptcy

Professionalism for judges and lawyers means possessing, demonstrating and promoting the highest standards of Character, Competence, Compliance, Courage, Civility and Citizenship.

Tulsa Lawyer

In this Issue Page...

2 Message from the President

Spring Forward with Member Partcipation

6

The Roles of Supervised Visitation & Therapy

17

Things To Do

19

Tee Time!

Golf Registration

21

12

Judicial Dinner Review

14

Capital Campaign Update

20

Community Outreach Reading Partners Benefit Comnunity Food Bank

TCBA MEMBER FREE CLE 22 LAW DAY LUNCH

24 Joint Operating Agreements & Chapter 11 Bankruptcy 28 Grapevine 30 Classifieds

APRIL 2016

A Message From the President

E. Zach Smith Sp ri ng Fo r ward wi th Me mbe r P ar tic ipato in

Spring is finally upon us, and the Tulsa County Bar has had a wonderful year up to this point.

The biennial TCBA Judicial Dinner was held on February 25th at the Sky Loft in downtown Tulsa, and it was a wonderful success. The silent auction results and attendance exceeded expectations.

Thank you to all of the TCBA staff et. al. who helped make the event special. A special thanks is in order for all of those who collected and donated items for the silent auction, for which a portion of the proceeds will be donated for future use for the local TCBA Judicial members.

Congratulations to incoming Presiding Judge, Rebecca Nightingale, the first female Judge to receive this honor. The TCBA was proud to be a part of that special evening with her.

Tulsa County Bar Foundation Golf Tournament are on the calendar in the months of April and May. The Law Day Luncheon will be on April 29th, and if you want to obtain tickets, please do so quickly. This event is always a fun event to attend, and with plenty of judges and lawyers in attendance, you can network and catch up with everyone in less than an hour and a half. The TCBF Golf Tournament will be held Monday, May 6th. If you are interested, please make sure to contact the TCBA staff to gain entry. William Kellough has done a wonderful job as the chair of the TCBF Golf Committee this year, and there will be many incentives to play in this year’s tournament.

It is extremely important the TCBA maintain its traditional practices of providing quality services and benefits to both its members and the community. Without a strong membership and the time volunteered, this would be impossible.

Enjoy your spring, get involved, and remember to take time for yourself. An organization does not one person make. It takes the efforts of everyone involved to continue to pave the successful path of our existing and future members. Please ask how you can get involved and change the path of the TCBA for the better. Invite others to get involved as well. It will enrich the lives of your brethren as well as your own. Thank you to

The future of the TCBA is everyone for all your contributions looking brighter than ever. Thank and continued involvement. you to each of you who continue to

There are more events to contribute your time and resources E. Zach Smith come this spring. In particular, the to further the benefits to the mem- TCBA President 2015-2016 annual Law Day Luncheon and bers and the association’s causes.

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UNDERSTANDING THE ROLES OF SUPERVISED VISITATION AND THERAPY IN FAMILY AND JUVENILE LEGAL PROCEEDINGS

This is a collaborative work by Miranda Calhoun, Barbara Sears, Stephanie Horton, and Ann Keele of the TCBA Children & the Law Committee. We hope this serves as a useful resource to our fellow practitioners in the areas of family and juvenile law.

Supervised visitation and various forms of child and family therapy are often ordered in family and juvenile legal proceedings. It is important for practitioners in these courts to be familiar with the differences between supervised visitation and therapy and to understand what is to be expected from their application.

This article is designed to give a basic overview of the different visitation and therapy options available, so that you can better determine which services to recommend for your clients’ situation.

I. Supervised Visitation

Supervised Visitation is very commonly ordered and means that a parent cannot visit with his or her child alone. A relative, friend, the other parent or a professional supervisor is present during the parent’s visit with the child. Most commonly, a court may order supervised visitation in situations of domestic abuse, abuse of drugs or alcohol, where the parent does not yet know how to care for the child on their own or when there is concern the parent may leave with the child.

Supervised visitation may continue for any period of time until the court is satisfied the issues necessitating supervised visitation are resolved. Of course, circumstances may call for another form of visitation, as discussed in the remainder of this article. Supervised visitation should never be a default but should be utilized in situations where it is in the best interest of the child involved.

In situations of supervised visitation, it is crucial the parents, attorneys and the supervisor fully 6 Tulsa Lawyer

understand the role of the supervisor. As much as attorneys have experiences with good supervisors, it seems they have even more stories of supervisors overstepping their bounds. The supervisor’s role is limited to that of a neutral observer and coordinator of the visit, and the supervisor must respect his role at all times.

The supervisor is not to provide therapy, counseling or his opinions during or outside of the visit. Instead, the supervisor simply remains with the parent and child during the entirety of the visit (even if the parent escorts the child to the restroom), observes their interactions and ensures that nothing inappropriate occurs. Unless necessary, the supervisor should not participate in the parent/child interactions during the visit. If something inappropriate takes place, i.e. the parent makes an inappropriate comment to the child, the parent becomes angry, the parent appears to be under the influence of drugs or alcohol, etc., the supervisor ends the visit immediately. When selecting a supervisor, it is important to choose someone who can be faithful to the supervisor’s limited role. Often times, relatives or friends of the parties are unable to properly supervise, as they are too emotionally invested. Therefore, it may be necessary for the parties to hire a professional and completely neutral third party supervisor.

Before selecting and initiating the first visit with a supervisor, it is important that the parties and attorneys interview and meet face-to-face with the potential supervisor. This will allow the attorneys and parties the opportunity to discuss the supervisor’s role with him and to ensure he fully appreciates his obligations. It also provides an opportunity for the parents

and attorneys to tour the facility where the visits will be held and to assess its appropriateness. Note that some supervisors conduct visits at public facilities, i.e. parks, fast-food restaurants, activity centers, etc., which is information the involved parties should have prior to selection.

Prior to the initial visit, the supervisor must be given all information necessary to effectively do his job. The supervisor should be briefed on the posture of the litigation, the reasons for supervised visitation, and the history of the parties and affected children. Of utmost importance is to inform the supervisor of any current or past Protective Orders. In situations involving Protective Orders, the supervisor must understand the Protective Order’s terms and effects on the parties and visitation. The supervisor, attorneys and parties should agree on a plan that will ensure the terms of any Protective Orders are complied with at all times, i.e. pick-up and drop-off of the child at visitation.

Once visits begin, it is of particular importance to the parties’ attorneys that the supervisor follow-up each visit with a detailed report of his observations.

This will aid the parties in returning to court and advocating for continuing or terminating the supervised visitation, as the case may be. As such, this is a point of discussion with the supervisor prior to his engagement.

The attorneys should inquire as to the type of information the supervisor will provide and should ask to review any form the supervisor intends to utilize. The attorneys should vocalize their expectations as far as reporting and remind the supervisor that it is his role to provide detailed observations but that he should not provide any opinion as to whether supervision is necessary, as that is outside his role.

Overall, the key to selecting and maintaining an effective supervisor is to be diligent. Attorneys should remain in consistent contact with their clients and the supervisor to ensure that the visits are conducted properly and reporting is to expectations. The parties should be encouraged to share with their attorneys any concerns they may have throughout the term of the supervised visits.

Supervised visitation, if conducted properly, is an effective tool in certain situations. So long as the parties, attorneys and supervisor appreciate the reasons for and parameters around their particular visits, the supervision should serve its purpose.

Continued on page 8

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II. Therapy Options

Reconciliation Therapy, also known as Therapeutic Reunification, focuses on the relationship between the estranged parent and child. Situations that may be appropriate to utilize reconciliation therapy are when the child is currently seeing the parent, but does not want to see that parent; or if there is a gap in time since parent has seen the child.

Reconciliation therapy generally starts with an intake with each of the parents, followed by one or two meetings with the child to learn the reasons for the estrangement. Next, the child and parent have a joint session together to start the reconciliation process. The first joint session is designed to “rip the bandage off�, and it is important for the child to be heard and believed by the estranged parent, for the parent to own what they have done to hurt the child in some way, and for the parent to genuinely and specifically apologize and make a plan for change. Reconciliation therapy can last from 2-3 sessions up to 10-12 sessions spaced out as the therapist deems appropriate.

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Therapeutic Supervision is designed to coach the parent through the visitation process. The therapist helps the parent to learn how to interact with the child appropriately. This is usually a longer term of therapy, and a slower moving process. Situations that may be appropriate to utilize therapeutic supervision would be when a child does not want to see the parent, or if the parent has issues with proper parenting behavior or dysfunction in his/her interactions with the child. The Court will have determined that the parent needs a more restrictive level of supervision than Professional Supervision. The supervisor for this level would have to be a licensed masters or PhD level clinician.

Professional Supervision is designed to provide a neutral third party to observe the parent and child during a visit. The professional supervisor is there to ensure the safety of the child at all times, but should not be intrusive to the natural interaction between parent and child. Ideally, supervisors should be observers only, and not interfere unless it is to stop inappropriate conduct during the visit. The Court recognizes certain supervision groups or individuals with whom they have

developed a trust level based on their reporting and testimony in a number of cases. This area was discussed more thoroughly in the beginning section of this article.

Individual Therapy is therapy for the child only.

The focus is on the child’s needs only, and should not have other parties present during therapy sessions. The therapist and child will need to build a trusted relationship that is protected by confidentiality. Parents may alternate who takes the child to therapy sessions.

Family Therapy is therapy for the child and other family members. The focus is on needs that present within the family dynamics, and may involve one or both parents, siblings, and other family members.

Family therapy may be utilized in addition to individual therapy, but with a different therapist to preserve the integrity of the therapist/child relationship.

offer to the Court. Typically, Licensed Professional Counselors, Licensed Clinical Social Worker and Licensed Martial Family Therapists cannot make recommendations regarding custody and visitation. If the Court appoints a “therapist” or orders therapeutic visitation the therapist can only offer fact witness testimony.

If a therapist is appointed as an evaluator or expert then the therapist may offer recommendations to the Court.

Professional supervisors cannot make recommendations regarding visitation. Professional supervisors can only serve as a fact witness.

The Order regarding visitation or therapy should provide for the frequency and times of the visitation or therapy. It is better to make standing appointments for therapy and visitation. This gives the minor child consistency. It also minimizes conflict between the parents. The Order should state the frequency of visitation reports. Most professional III. Guidelines in Selecting a Supervisor and supervisors will write a report after each visitation.

Preparing Court Orders Many therapists will only write a report by request of a parent. The Order should include the allocation of

Before appointing a supervisor, the attorneys expenses. The Order should specifically determine for the parties should determine if there are any prior which party pays for the supervised visitation, the personal, business or therapeutic relationships between supervisor’s reports, and the supervisor’s testimony so the professionals, supervisors, parties or children that as to avoid further conflict. may constitute a conflict. The attorneys for the parties should consider the allegations against the individual IV. Resources for Therapy Services in Tulsa that has supervised visits when selecting a supervisor. County For, example if the parent is allegedly violent it may be necessary to have a professional supervisor with a Youth Villages – Reuniting youth who are in a residenbackground with law enforcement. If a therapeutic tial treatment facility, foster home, psychiatric supervisor is appointed, it may be beneficial to appoint residential treatment facility, hospital or group home a therapist who is trained in high conflict divorce. successfully with their families in the community.

Many therapists will refuse to take a case if Intercept family intervention specialists are skilled at there is pending litigation. The attorneys should con- reuniting families even when the child has been out of tact the therapist prior to the intake meeting to the home for an extended period. Reunification serdetermine if a therapist will accept the case and is will- vices generally last six to nine months. [Resource: ing to testify.

Youth Villages, (918) 947-6560]

If the parties employ a mental health professional for therapeutic visitation or reconciliation Parent-Child Interaction Therapy (PCIT) – A shorttherapy, the attorneys should inquire about the types of term, specialized behavior management program recommendations and testimony that professional can designed for young children experiencing behavioral Continued on page 10 Tulsa Lawyer 9

and/or emotional difficulties and their families. PCIT requires a 14-18 week commitment by the parent/caregiver and child with one session per week. This therapy is not appropriate for non-custodial caregivers unless they are able to see the child at least three times per week in addition to their weekly PCIT session. PCIT is not appropriate for sexual abuse perpetrators.

[Resources: University of Oklahoma Health Sciences Center, Dept. of Pediatrics, Child Study Center, 405271-5700 and Day Spring Behavioral Health Services, aka, Preferred Family Healthcare, 918-712-0859; Also – Family & Children’s Services, 918-587-9471] Insight & Empowerment for Living – Education and networking services to community members. Assistance for families and community organizations with

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developing strategies for treatment and change by connecting them with therapeutic services and/or life skills development programs designed to meet specific needs.

Join with qualified professionals in behavioral health/ substance abuse and utilizes already existing community networks (medical community, community centers and the faith community). [Resource: Life Strategies International, Inc., Latricia Taylor, 800-260-7966] Child Parent Psychotherapy (CPP) - An intervention model for children aged 0-5 who have experienced at least one traumatic event (e.g. maltreatment, the sudden or traumatic death of someone close, a serious accident, sexual abuse, exposure to domestic violence) and/or are experiencing mental health, attachment, and/or behavioral problems, including posttraumatic stress disorder

(PTSD). Therapeutic sessions include the child and parent or primary caregiver with the primary goal to support and strengthen the relationship between a child and his or her caregiver. [Resources: Family & Children’s Services, 918-587-9471; Also – Parent Child Center, 918-599-7999] Trauma Focused Cognitive Behavioral Therapy (TF-CBT) - A joint child and parent therapy approach for children and adolescents who are experiencing significant emotional and behavioral difficulties related to traumatic life events. It is a components-based treatment model that incorporates trauma-sensitive interventions with other therapeutic principles and techniques. Children and parents learn new skills to help process thoughts and feelings related to traumatic life events; manage and resolve distressing thoughts, feelings, and behaviors related traumatic life events; and enhance safety, growth, parenting skills, and family communication. [Resource: Family & Children’s Services, 918-587-9471] Home-Based Child Trauma Program – Home-based services for children who have been hurt by abuse or trauma designed for families that have barriers—such as a lack of reliable transportation, child care issues and other complications – which prevent them from coming to a traditional office setting for treatment.

Family members, foster parents and other caregivers can be included in the therapy process. [Resource: Family & Children’s Services, 918-587-9471] Trust-Based Relational Interventions (TBRI) - An emerging intervention model for a wide range of childhood behavioral problems. TBRI is a family-based intervention that is designed for children who have experienced relationship-based traumas such as institutionalization, multiple foster placements, maltreatment, and/or neglect.

[Resources: Compassionate Counseling Services, (918) 250‐4876; Also – Counseling Resources, (918) 747‐8886] Play Therapy – Young children who are distraught defiant or having emotional or behavioral problems

express themselves through therapeutic play.

Outcomes of therapy often include better coping skills, improved behavior and enhances parent-child relationships. Each child’s treatment is individualized based on age, symptoms and specific trauma circumstances.

[Resources: Family & Children’s Services, 918-5879471; Also – Parent Child Center, 918-599-7999] Strengthening Families & Celebrating Families Both are designed to increase child, adult, and family functioning, increase the likelihood of timely reunification with birth families, and decrease the likelihood of maltreatment recurrence; and to increase the capacity of the community through the implementation of a multiyear community-wide education initiative about substance abuse, child welfare, and trauma-informed interventions. The two programs are a 26-week interactive parenting program -- 14 weeks of SFP & 12 weeks of CFP. One night per week for 2.5 hours, a 30-minute meal is served for families, then there is one hour of group discussion (children are separate from parents) and one hour of family groups. Treatment is provided for children under 3 years of age. There is a graduation after completion of SFP and a final graduation after CFP where the family is recognized for their success in the programs. [Resource: Center for Therapeutic Interventions, (918) 384-0002] Family in New Directions (FIND) – Therapeutic reunification and visitation services for parents who are separated from their children and involved with child welfare. Treatment is individualized based on each family’s unique circumstances. [Resource: Family & Children’s Services, 918-587-9471]

A special thank you to Linda VanValkenburg who kindly shared her knowledge and helped us edit the Therapy Options section.

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Things to do in Tulsa

SpringFest Garden Market & Festival - Apr 8-9 A celebration of gardening. This event, held annually at the Tulsa Garden Center, will have experts on hand to help you create a great garden that will be the envy of your neighbors and friends. A wide selection of plants and flowers will be available for purchase at SpringFest Garden Market & Festival, as well as gardening tools and outdoor art. Make your home garden spectacular and have fun with the entire family.

Children will love the hands-on activities in the kids’ zone including a worm display, working beehive and bird house contest. Food vendors will be available.

Rogers & Hammerstein’s At the Movies - Apr 9 As part of the Tulsa Symphony’s Pops concert series, the works of two of the best American composers in history are performed by the symphony. Rogers and Hammerstein’s At the Movies happens for one night only, so get your tickets before they’re gone.

Spring Home & Outdoor Living Expo - Apr 22- 24 If you’re in the market for some great Spring deals, head to Tulsa’s Expo Center for the Spring Home & Outdoor Living Expo. Held in the the River Spirit Expo building, it will feature a variety of vendors offering great deals on outdoor furniture, home appliances and all kinds of resources for your next DIY home project.

Powershares Series Tennis - Apr 23 Powershare Series Tennis at Tulsa’s BOK Center is one of just 12 tournaments like it at major arenas across the US. Each tournament features four champions paired off in one set of semi-finals and culminates with a champion match.

This exciting event features Andy Roddick, John McEnroe, Jim Courier and Mark Philippoussis.

Philbrook Wine Experience - Apr 29- 30 Head to the Philbrook in Tulsa on a beautiful spring evening for a wine event so huge it takes a year to recover. Held every other year for over two decades, the biennial Philbrook Wine Experience Weekend brings internationally renowned vintners, regional restaurants and an impressive auction together under one roof to create one of the top ten wine events in the nation. Friday evening of the tasting, enjoy the fruits of their labor as renowned vintners and regional restaurants team up to create a high energy wine and dining experience. Come back Saturday for a lively cocktail hour and silent auction, followed by world-class dining with 40 top winemakers lending their insight into the art and science of creating the world’s best wines. After this very special dinner, stick around for a no-holds barred, high end auction, with all proceeds benefiting the museum.

Save the Date Monday, May 16th, 2016 TCBA & TCBF

Annual Charity Golf Tournament Monday, May 16th, 2016 at LaFortune Park Golf Course

Don’t miss all the Fun!

TCBA Law Week details are availabel at www.tulsabar.com

Law Day May 1st WHAT IS LAW DAY? Law Day is held on May 1st every year to celebrate the role of law in our society and to cultivate a deeper understanding of the legal profession.

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Tulsa Lawyer

Community Outreach

Thank you to everyone who participated in McNellie's Restaurant Night on February 2, 2016! You raised $750 for the “Take Reading Home” book drive donation to Reading Partners Tulsa!

Pictured from Left: Elizabeth Edwards, Development Manager at Reading Partners; Kevin Cousins, Executive Director at Tulsa County Bar Association; David Clark, Community Engagement Coordinator at Reading Partners; Ashely R. Webb, Shareholder at Riggs Abney Neal Turpen Orbison & Lewis and Community Outreach Chair for Tulsa County Bar Association.

“Reading Partners is dedicated to unlocking the skills of students who struggle with reading. Reading Partners provide one-on-one reading instruction to elementary school students reading below grade level to help them succeed in school and in life. Take Reading Home is a cornerstone of the Reading Partners program. We

Tulsa County Bar Foundation Community

Outreach Committee volunteered at the Community Food Bank of Eastern Oklahoma on Saturday, February 20, 2016, preparing over 4,000 sacks of food for the “Food for Kids Backpack Program.” A heartfelt thank you for their dedication an involvement in the fight against child hunger!

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Tulsa Lawyer

encourage our students to help build their home libraries by offering gently used, donated books from our Take Reading Home selection, which is made available through book drives and donations.” – Reading Partners

http://readingpartners.org/location/tulsa/

Tulsa Lawyer 21

What Happens to Your Client’s Joint Operating Agreement in Chapter 11 Bankruptcy?

By Sid Swinson, Scott Morgan, Keith Sellers, Ben Brown

With the collapse in oil and gas prices over the past year, there has been a recent, noticeable uptick in bankruptcy filings by oil and gas exploration and production companies.1 The bankruptcy of one company can have a ripple effect on other companies as well. In this challenging environment, every oil and gas lawyer must have a basic understanding of bankruptcy law.

Although the bankruptcy of an oil and gas company can involve almost every aspect of oil and gas law, this short article will focus on one impact; that is, the enforceability of important rights under a

Joint Operating Agreement (“JOA”).

Because most JOA's align with one of the versions of the American Association of Professional Landmen Model Form 610, this article focuses on the standard provisions of the Model Form 610.

An understanding of the potential impact of bankruptcy law on the JOA requires a basic understanding of the Bankruptcy Code.

Chapter 11 bankruptcy is available to most corporations and limited liability companies seeking relief from unmanageable debt.2 The debtor may file its bankruptcy petition in the state where it is

domiciled, where it has its principal place of business, or where its principal assets are located.3 In Chapter 11 bankruptcies, the appointment of a bankruptcy trustee to manage the company is the exception rather than the rule.4 Rather, the rights, powers, and duties that would ordinarily be vested in a bankruptcy trustee re initially left to the debtor, which is referred to as a Debtor in Possession (“DIP”).5

The order in which a DIP’s debts are paid depends on a particular creditor’s status as either a secured or an unsecured creditor. A secured creditor is one with a lien on the DIP’s property, generally created through a security agreement or a statutory or judicial lien.

Secured creditors have the

right to be repaid in

full, up to the

value of the collateralized interest, ahead of the unsecured creditors. Unsecured creditors, those without a lien on the DIP’s property, are last in priority and will be paid their pro rata share of whatever funds are left after all secured debts are paid.6

In some instances, a creditors’ committee is appointed by the United States Trustee, comprised of creditors with the seven largest unsecured claims.7 The claims held by the committee members are typically representative of the kinds of claims held by the unsecured creditors it represents. Like the DIP, the committee may employ professionals to represent it in the case,8 which can level the playing field between the DIP—who has trustee-like powers—and other creditors who may not have enough of a financial interest to participate in the proceeding.

During the course of the bankruptcy proceeding, the DIP is allowed to continue normal business operations, and may use, sell, or lease property of the bankruptcy estate in the ordinary course of business.9 As long as the property is not cash collateral, court approval of actions taken in normal business operations is not required.10

In addition to providing relief from debt through the automatic stay11 and ultimately a discharge, another powerful tool available under Chapter 11 is the DIP’s right, subject to court approval, to assume or reject executory contracts.12 Simply stated, an executory contract is one in which the parties have not yet fully performed their obligations. A DIP has until confirmation of the reorganization plan to assume or reject executory contracts. In order to assume an executory contract, a DIP must first cure any default under the contract. Finally, the DIP must assume or reject the entire contract; it cannot be assumed or rejected piecemeal.

In the context of bankruptcy proceedings, JOAs are typically considered executory contracts.13 Pending its decision to assume or reject an executory contract, the DIP must continue to perform its obligations per the agreement.

Otherwise, if a DIP falls too far behind on its

duties under the JOA (read: payments of operating, drilling, or other expenses), the DIP may be unable to cure default and thus, unable to assume the contract. If the contract cannot be assumed by the DIP, it cannot be assigned under the Bankruptcy Code.14 This leads to rejection of the contract.

If the DIP rejects a JOA, it is treated as if the DIP committed a pre-petition breach of the JOA. The creditor/parties to the JOA then have a resulting unsecured claim against the DIP. Additionally, rejection of the JOA results in the DIP becoming a cotenant working interest owner with other parties to the agreement.

Under Oklahoma cotenancy law, cotenant working interest owners are obliged to account to each other for profits and expenses arising from the cotenancy property.15 Seemingly, the practical effect of this transformation of the parties from participants in a JOA to mere cotenant working interest owners would be the negation of non-consent penalties available under most JOAs. Thus, a party to the JOA would only be a creditor

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of a DIP to the extent of the DIP’s proportionate share of drilling expenses rather than the typical non-consent penalties contained in a JOA.

Bankruptcy courts in Oklahoma recognize that JOAs may not be entirely executory in nature. For instance, lien rights and covenants running with the land created by JOAs may be vested property interests that cannot be eliminated by rejection of an executory contract. Lien rights created by JOAs are treated differently than lien rights protected by 42 O.S. § 144.16 The filing of a lien statement under 42 O.S. § 144 for the purpose of perfecting lien rights under the JOA is ineffectual for that purpose. This is due to the contractual nature of the JOA lien—to jointly develop lands—versus the lien rights conferred by section 144, which protects mechanics and materialmen for labor or services provided.

Moreover, the simple filing of a lien statement against the operator under a JOA does not suffice to perfect a lien against non-operating working interest owners not specifically named in the lien statement.17 1

Thus, any claims against a DIP that is a non-operator working interest owner need to be made against that interest owner specifically, whether under Section 144 as a materialman or under the contractual lien rights contained in the JOA. To ensure perfection of lien rights under a JOA, the parties should record a memorandum of JOA in the county clerk’s office where lands embraced by the JOA are located. Otherwise, since JOAs create a contractual creditor/debtor relationship between the operator and non-operating interest owners,18 the bare contractual lien arising out of the JOA results in a unperfected lien which may be avoided by the DIP.

Given the importance of creditor status in bankruptcy, oil and gas lawyers in the current environment must be able to evaluate their clients’ positions relative to any JOAs in which they are involved. With a basic knowledge of bankruptcy rules, perfection of contractual liens under JOAs, and Oklahoma’s oil and gas lien statute, practitioners can offer advice that serves to protect their clients’ interests under JOAs in this current market environment.

Oil and gas related bankruptcies are up 379% from 2014 to 2015. Egan, Matt “U.S. oil bankruptcies spike 379%.” CNN Money (Feb.

11, 2016), http://money.cnn.com/2016/02/11/investing/oil-prices-bankruptcies-spike/ (last visited March 4, 2016).

2

11 U.S.C. § 109(d).

3

28 U.S.C. § 1408(l).

4

11 U.S.C. § 1104.

5

11 U.S.C. § 1107(a).

6

Certain unsecured creditors have priority over general unsecured creditors, such as domestic and child support obligations, adminis-

tration costs of the bankruptcy proceeding, wages earned within 180 days prior to the petition, and certain tax claims. See generally 11 U.S.C. § 507.

7

11 U.S.C. § 1102(a).

8

11 U.S.C. § 1103(a).

9

11 U.S.C. § 541(a); See also 11 U.S.C. § 363(c). The filing of bankruptcy creates a bankruptcy estate that generally consists of all prop-

erty rights as of the commencement of the case. Non-bankruptcy law determines the nature and extent of a Debtor’s rights in property.

10

Id.

11

See 11 U.S.C. § 362 (a).

12

11 U.S.C. § 365(a).

13

See Stewart Title v. Old Republic Nat. Title Ins., 83 F.3d 735 (5th Cir. 1996).

14

11 U.S.C. § 365 (f).

15

See Ludey v. Pure Oil Co., 11 P.2d 102.

16

See generally In Re George Rodman, Inc., 38 B.R. 826.

17

In re Mahan & Rowsey, Inc., 27 B.R. 883.

18

In re Northwest Exploration Company, 71 B.R. 873.

Share your area of expertise...email tulsabarnews@yahoo.com Tulsa Lawyer 27

Grapevine News

GableGotwals Announces the 2016 Slate of Officers and Directors Chair: David Keglovits President: Sid Swinson Vice-President Firm Growth: Terry Ragsdale Vice-President Talent Development: John Dale Vice-President Finance: Amy Stipe Secretary: Dale Cottingham Member: Rob Robertson Member: Scott Rowland

GableGotwals is a full-service law firm of over 90 attorneys who represent a diversified client base across the nation. GableGotwals effectively handles litigation matters (state, federal, and appellate courts), regulatory and licensing issues, and transactional matters. With offices in Oklahoma City and Tulsa, GableGotwals is one of the largest law firms in the state of Oklahoma.

Michael F. Lauderdale, a shareholder with McAfee & Taft has been elected to lead the firm as its managing director. He succeeds Richard Nix, who recently completed his third three-year in the position.

The Muskogee native joined McAfee & Taft in 1990 after graduating with distinction from the University of Oklahoma College of Law. Throughout the course of his 26-year career with the firm, he has served in numerous leadership roles, including as co-leader of one of the region’s largest labor and employment practices and, more recently, as a member of its board of directors.

In addition, Lauderdale will continue to maintain an active legal practice focused on the representation of employers and management in all aspects of employment law and civil litigation, as well as a mediator specializing in FLSA class actions.

His accomplishments as a lawyer have earned him inclusion in The Best Lawyers in America, Okla

homa Super Lawyers, Benchmark Litigation and Chambers USA Guide to America’s Leading Lawyers for Business. He also holds the distinction of being named “Labor and Employment Litigation Lawyer of the Year” for 2016 by The Best Lawyers in America.

Lauderdale currently serves on the board of advisors for the University of Oklahoma College of Law and previously served as an administrative law judge for the Oklahoma Department of Labor.

The law firm of Fry & Elder made a major announcement Tuesday evening. The firm, made it official that Aaron D. Bundy has been named the fourth partner of the firm.

Considered a rising star in the Tulsa legal community, Bundy, just 35, made partner in less than two years with the firm. He already had acquired the highly sought after AV® Preeminent Peer Review Rating by Martindale-Hubbell® and garnered Super Lawyers® Rising Star accolades before joining attorneys Robert G “Hap” Fry Jr., James R. Elder and M. Shane Henry as partners at Fry & Elder.

Fry & Elder has long been synonymous with its legal excellence in Oklahoma family law, but the firm has expanded its breadth of services to include criminal law, immigration, personal injury law and probates.

Bundy has had much to with this shift, as has Henry and Lorena Rivas, who also is regarded as an up-andcoming Tulsa trial lawyer.

The firm moved to its current downtown Tulsa office this past October to better meet the needs of its growing staff which now includes eight attorneys.

For more information on Fry & Elder, visit www.FryElder.com

Grapevine News? Send to tulsabarnews@yahoo.com

Franden, Farris, Quillin, Goodnight + Roberts is pleased to announce that Stephen Wilkerson and Mark Warman have joined the firm. Messrs.

Wilkerson and Warman will serve Of Counsel to the firm and continue in their respective practices providing legal services to their long standing clients. They may be contacted at (918) 583-7129, Williams Center Towers II, 2 West 2nd Street, Suite 900, Tulsa, Oklahoma 74103 or via email at swilkerson@tulsalawyer.com and mwarman@tulsalawyer.com.

the Student Bar Association, TU Law School Ambassador and Member of the University College of Law Diversity Committee. She will be focusing her practice in the areas of civil litigation and domestic law.

Members of the firm are: Jack L. Brown, John W. Cannon, C. Michael Copeland, Maren Minnaert Lively, Thomas L. Vogt, James E. Weger, Bradley J. Brown, Patrick G. Colvin, Khadija K. Ghani and Bryan M. Harrington.

Jones, Gotcher & Bogan, P.C. is pleased to announce the kick-off of 2016 with Maren Minnaert Lively being named a Partner and Director of the Firm, and the addition of Khadija K. Ghani as an Associate of the Firm.

Maren Minnaert Lively joined the firm in December, 2014 and on January 1, 2016, was named a Partner and Director of the Firm. Maren has extensive experience in the areas of family law, probate and estate planning, guardianships, general litigation, and appellate work. Ms. Lively earned her law degree from Georgetown University Law Center in Washington, DC and clerked for the United States Department of Justice while in law school. Maren is peer-review rated “AV Preeminent” by Martindale-Hubbell, the organization’s highest rating, and has been named as one of Oklahoma Super Lawyers Rising Stars for several years. Recently, Ms. Lively was named to the Top 10 under 40 by the National Academy of Family Law Attorneys.

Ms. Lively is passionate about families – and when children are involved – they are her top concern.

She is held in the highest esteem for her understanding of complex legal issues, including valuation and division of high net worth estates, and for her tenacity and determination to fight for and protect her clients’ interests.

Khadija K. Ghani joined the firm as a law clerk in July, 2014 and became an associate of the Firm in September, 2015. She graduated from the University Of Tulsa College Of Law in May 2015 and was awarded the degree of Juris Doctor with High Honors. During law school, Ms. Ghani served as Notes & Comments Editor for the Energy Law Journal, Speaker of the House for

Moyers Martin is pleased to announce the return of R. Scott Savage to the Firm and to welcome Quinn A. Cooper as a new addition to the Firm.

Quinn represents clients in a variety of legal matters including business litigation, business transactions, and general civil litigation.

Quinn’s practice is focused broadly in the area of civil litigation with an emphasis on insurance defense. Quinn is a member of the Junior League of Tulsa and the University of Tulsa College of Law Alumni Board.

Scott returns to Moyers Martin with 37 years of legal experience.

Scott’s areas of practice are civil litigation with an emphasis on contracts, employment issues, environmental cases, oil and gas, and real estate. He also represents individual clients in matters concerning severe personal injury and economic loss.

Scott currently serves as a mediator and arbitrator and is an Adjunct Settlement Judge in the United States District Court for the Northern District of Oklahoma. In Scott’s 37 year-legal career he has been named an AV Pre-eminent attorney with Martindale-Hubbell, a Super Lawyer, and has been recognized by Tulsa People as one of Tulsa’s Top Lawyers.

Tulsa Lawyer

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Tulsa Lawyer Magazine Official Publication of the Tulsa County Bar Association

The Tulsa Lawyer is a full-color monthly publication of the Tulsa County Bar Association and is distributed to its membership of over 2,100 attorneys, Tulsa County Courthouse, the Law Library, the Oklahoma Bar Association and all advertisers.The Tulsa Lawyer accepts advertisements for products or services that have an existing or potential market in the Tulsa Legal Community. Space reservations may be requested, but no guarantee of ad placement can be made. The Tulsa Lawyer reserves the right to reject any advertisement.

SUBSCRIPTIONS • Subscriptions are available for $40.00 a year for those who are not Tulsa County Bar Association members or advertisers.

CLASSIFIED ADS • Classified ads are accepted at a charge of $35.00 for 40 words and .25 cents for each additional word.

• You can add a small picture or color logo for $10.00.

DEADLINE FOR SUBMISSIONS • The deadline for submitting advertisements is 5:00 PM on the 10th of the month preceding publication.

• Example: Oct 10 for the Nov issue) Ads accepted after this date will be published if space and time allow.

PAYMENTS • Due upon receipt of invoice. Please make check payable to TCBA. • Credit card payments can be made at our website www. tulsabar.com a small convenience fee will be charged.

Advertising Rates - Please visit www.tulsabar.com or contact TCBA at 918-584-5243 for ad sizes & rates.

Submit: Send files to accounting@tulsabar.com PRODUCTION REQUIREMENTS Preferred Material: Digital files are preferred.

Four-color CMYK film is acceptable but file must be built to the correct ad dimensions.

We cannot accept ads in the following formats: Microsoft Word, Publisher, Powerpoint or Corel Draw.

Black only ads can be submitted as camera-ready copy.

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Tulsa Lawyer

File Formats Accepted: Color ads: All digital files must contain only CMYK data.

No RGB or any other color space accepted.

Files must have a resolution of at least 300 dpi. Files will be output with a line screen of 133.

The following are acceptable formats.

Keep in mind, printer will not be able to make corrections in these formats: 1. CMYK or grayscale EPS All fonts must be outlined.

2. CMYK or grayscale TIFF 3. PDF 1.4 or lower version (Write a postscript file and use Acrobat Distiller to make PDF file; do not use an export PDF plug-in within program to make PDF. Distiller must be set up for 300 dpi, CMYK output.)

4. Fonts must be embedded.

The following formats are also acceptable. All fonts and artwork must be provided along with page layout file.

Printer will be able to make minor corrections if necessary: 1. QuarkXpress 6.5 or lower (PC or Mac version) 2. Illustrator CS2 or lower (PC or Mac version) 3. InDesign CS2 or lower (PC or Mac) Pagemaker 7.0 or lower (PC or Mac version)

Black and White ads:

Files must have a resolution of at least 200dpi.

If you are not familiar with the technical terms above, please feel free to call or email for clarification – Jody at accounting@tulsabar.com or 918-584-5243 ext 240.

If staff assistance is required or requested to prepare any display advertisement there will be an additional “set-up” charge at $40 per hour, with a 1 hour minimum.

This includes attempting to rearrange existing layout of an ad submitted.

All advertising must be accompanied by a written request including: • • • • • •

Ad size Number of insertions and dates Position preference Full name & mailing address Contact full name & address Magazine mailing address

Classified Ads CLUGSTON POLYGRAPH & INVESTIGATING SERVICES FBI National Academy graduate, 25 years law enforcement experience. See our Website at www.clugston-polygraph.com or call (918) 622-7008 for information about our services. Corporate internal investigations, criminal defense, divorce, hild custody, loss prevention….

We can help answer your questions.

Position for Litigation Associate Attorney

We are recruiting an experienced partner-track Associate

Attorney to handle all phases of civil litigation within a strong team setting that focuses on client service and maxi-

mizing outcomes. Our practice includes challenging procedural and technical issues, and the successful candi-

date will possess strong analytical and advocacy skills. We use the latest technology to maximize efficiency. We are

looking for the right attorney to join our team who will take pride in the service we deliver and fit within our friendly, low-key firm environment.

Tulsa Plaintiff’s personal injury firm seeks lawyer with

0-5 years of experience. Compensation is competitive and includes benefits for a full-time attorney (i.e., health ins., 401(k) with matching from firm, paid time off, life ins.,

dental ins., vision ins., performance and/or production bonuses, etc.). Emphasis on litigation. Please send confi-

dential cover letter, resume, references and writing sample to john@truskettlaw.com. considered.

Respond by 4/22/16 to be

Candidates must have at least 5 years experience in

civil litigation that reflects highly developed skill in legal

research, drafting memoranda, briefs and discovery, taking depositions, managing document production, and oral argument. Candidates must have graduated within the top 25% of

their law school class, and law review experience is preferred.

Candidates should submit a recent writing sample and CV to smcdaniel@ok-counsel.com

Law Office Space

Up to 4 offices (plus administrative assistant stations) available for sublease in the 320 S. Boston Building.

Starting at $750.00/Month. 918-582-5201. Ask for Lori.

MoreLaw Suites Legal Suites and Virtual Office 406 South Boulder & 624 South Denver Starting at $165 www.morelawsuites.com 918-582-3993 Info@MoreLaw.com Mediators & Arbitrators of Oklahoma, LLC Jon Starr * Michael Gassett Scott McDaniel * Jack Crews Mark Smiling * David Wilson Scott Ryan * Robert Coffey, Jr. Mark A. Warman * Truman Rucker Peter Erdoes * Jeff Curran Call (918) 693-7850 to schedule you next mediation Tulsa Lawyer 31

Tulsa County Bar Association 1446 S. Boston Ave. Tulsa, OK 74119

“Anyone who stops learning is old, whether at twenty or eighty.

Anyone who keeps learning stays young.

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