I’ve found out a fool proof fix (well, so far, for a while) for this record footage issue.
Simply, every time you go to start playing Gears just go into capture & share and change the record time every game session. I. e. I load up Gears, and while it’s loading, I go to change record time to 30 secs. I come off the game, then when I jump back on later I’ll change it to 45 secs. I’ve notice this been working 100% of the time. I’m no longer losing footage I want recorded.