Oklahoma’s Schusterman Family Beats Back Samson Bankruptcy Lawsuit
Members of Oklahoma’s billionaire Schusterman family have beaten back a lawsuit alleging that their $7.2 billion sale of Samson Resources to a KKR-led private equity consortium unfairly enriched them to the detriment of the oil-and-gas company’s creditors in bankruptcy, WSJ Pro Bankruptcy reported. A trustee pursuing recoveries for creditors in Samson’s bankruptcy had sued the former owners in 2017, saying the buyers paid twice the company’s fair market value in a 2011 deal. The trustee had alleged that the deal burdened Samson with more debt than it could handle, leading to its bankruptcy in 2015. In a ruling Wednesday, Judge Brendan Shannon in the U.S. Bankruptcy Court in Wilmington, Del., said the trustee failed to make its case that the subsequent owners overpaid. “The gold standard for determining the value of an asset is to sell it in an open and fair market,” the judge said. “A thing is worth what a willing buyer will pay to a willing seller following a proper marketing process” at arms’ length, with both having reasonable knowledge of relevant facts. Opinions of valuation experts, such as the one that the Samson trustee used, are less reliable than negotiations in determining the fair market value of an asset, he said. Samson took on more than $3 billion in debt as part of the buyout and struggled afterward as oil and gas prices fell.