HTML Document View

Full title: Notice of Filing of Revised Agreed Order Regarding Richard Arzola's Motion to Lift Stay. Filed by CJ Holding Co. (Given, Bernard) (Entered: 06/22/2021)

Document posted on Jun 21, 2021 in the bankruptcy, 10 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

PLEASE TAKE FURTHER NOTICE that the Reorganized Debtors and the Movant have conferred on the Motion in good faith and have agreed to entry of the attached Agreed Order Regarding Richard Arzola’s Motion to Lift Stay attached as Exhibit A (the “Revised Order”).The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number (if any), are: CJ Holding Co. (4586); Blue Ribbon Technology Inc. (6338); C&J Corporate Services (Bermuda) Ltd.; C&J Energy Production Services-Canada; C&J Energy Services, Inc. (3219); C&J Energy Services Ltd.; C&J Spec-Rent Services, Inc. (0712); C&J VLC, LLC (9989); C&J Well Services Inc. (5684); ESP Completion Technologies LLC (4615); KVS Transportation, Inc. (2415); Mobile Data Technologies Ltd.; Tellus Oilfield Inc. (2657);Attorneys for the Reorganized Debtors ##END OF ORDER## Debtors, § AGREED ORDER REGARDING RICHARD ARZOLA’S MOTION TO LIFT STAY On this date, came on to be considered RICHARD ARZOLA’SAttorneys for the Reorganized Debtors Attorney for Debtor C&J Spec-Rent Services, Inc. ##END OF ORDER## 20875177.2

List of Tables

Document Contents

IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION § In re: § Chapter 11 § CJ HOLDING CO., et al.,1 § Case No. 16-33590 (DRJ) § Reorganized Debtors. § § NOTICE OF FILING OF REVISED AGREED ORDER REGARDING RICHARD ARZOLA’S MOTION TO LIFT STAY PLEASE TAKE NOTICE that on May 19, 2021, Richard Arzola (“Movant”) filed that certain Motion for Relief from Automatic Stay to Continue Litigation (the “Motion”). PLEASE TAKE FURTHER NOTICE that the Reorganized Debtors and the Movant have conferred on the Motion in good faith and have agreed to entry of the attached Agreed Order Regarding Richard Arzola’s Motion to Lift Stay attached as Exhibit A (the “Revised Order”). PLEASE TAKE FURTHER NOTICE that a redline of the is Revised Order against the form of order initially filed with the Motion is attached hereto as Exhibit B. Dated: June 22, 2021 /s/ Bernard R. Given II Bernard R. Given II (Texas Bar No. 07990180) LOEB & LOEB LLP 10100 Santa Monica Boulevard, Suite 2200 Los Angeles, California 90067 Tel: (310) 282-2000 E-mail: bgiven@loeb.com - and - Daniel B. Besikof (Admitted Pro Hac Vice) LOEB & LOEB LLP 345 Park Avenue New York, NY 10154 Tel: (212) 407-4000 E-mail: dbesikof@loeb.com Counsel to the Reorganized Debtors 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor’s federal tax identification number (if any), are: CJ Holding Co. (4586); Blue Ribbon Technology Inc. (6338); C&J Corporate Services (Bermuda) Ltd.; C&J Energy Production Services-Canada; C&J Energy Services, Inc. (3219); C&J Energy Services Ltd.; C&J Spec-Rent Services, Inc. (0712); C&J VLC, LLC (9989); C&J Well Services Inc. (5684); ESP Completion Technologies LLC (4615); KVS Transportation, Inc. (2415); Mobile Data Technologies Ltd.; Tellus Oilfield Inc. (2657); Tiger Cased Hole Services Inc. (7783); and Total E&S, Inc. (5351). The location of the Debtors’ service address is 3990 Rogerdale, Houston, Texas 77042.

1

CERTIFICATE OF SERVICE I certify that on June 22, 2021, I caused a copy of the foregoing document to be served by the Electronic Case Filing System for the United States Bankruptcy Court for the Southern District of Texas. By: . /s/ Bernard R. Given II Bernard R. Given II

2

EXHIBIT A

3

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION § § In Re: § Case No. 16-33590 § CJ HOLDING CO., et al. § § (Chapter 11) Debtors, § AGREED ORDER REGARDING RICHA RD ARZOLA’S MOTION TO LIFT STAY On this date, came on to be considered RICHARD ARZOLA’S (“Movant”) Motion to Lift Stay (the “Motion”) to permit Movant to pursue a civil action in Cause No. 2018DCV4561, pending in the County Court at Law No. 7, El Paso County, Texas, against RODOLFO ACOSTA III (the “Respondent”). This Court has jurisdiction over the Motion pursuant to 28 U.S.C. §§ 157 and 1334. The Court, having considered the Motion, finds and concludes that Motion should be GRANTED. IT IS THEREFORE ORDERED that, pursuant to the terms of this Order, the relief requested in the Motion is hereby granted as set forth herein. IT IS FURTHER ORDERED that as of the date of entry of this Order, the Automatic Stay, to the extent applicable, and the discharge injunction under the confirmed chapter 11 plan of the 20875177.2

4

above-captioned debtors (the “Debtors” and as reorganized, the “Reorganized Debtors”) are lifted, and the Movant is hereafter permitted to proceed to trial and/or judgment in Cause No. 2018DCV4561, pending in the County Court at Law No. 7, El Paso County, Texas, for the sole purposes of asserting, prosecuting, and liquidating any claims against the Respondent, Mr. Acosta, whose bankruptcy stay has previously been lifted in another proceeding. . IT IS FURTHER ORDERED that in the event the Movant obtain a judgement against the Respondent, the Movant may only seek recovery of that judgment of liability against Respondent as may be had from the assets of third parties (other than the Debtors or the Reorganized Debtors), including, without limitation, co-obligors, indemnitors, sureties, insurers and/or available insurance coverages (or the proceeds payable therefrom), and joint tort-feasors. IT IS FURTHER ORDERED that, when and if Movant obtains a judgment in the Lawsuit, Movant shall not seek or ever become entitled to payment of any liability of Respondent from, or to assert any claim against, the assets of the Debtors or the Reorganized Debtors. AGREED AS TO SUBSTANCE AND FORM: /s Paul R. Hornung Paul R. Hornung 1111 W. Mockingbird Lane Suite 1200 Dallas, TX 75247 Attorney for Movant Richard Arzola /s/ Daniel B. Besikof Daniel B. Besikof Loeb & Loeb LLP 345 Park Avenue New York, New York 10154 Attorneys for the Reorganized Debtors ##END OF ORDER## 20875177.2

5

EXHIBIT B

6

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION § § In Re: § Case No. 16-33590 § CJ HOLDING CO., et al. § § (Chapter 11) Debtors, § AGREED ORDER REGARDING RICHARD ARZOLA’S MOTION TO LIFT STAY On this date, came on to be considered RICHARD ARZOLA’S (“Movant”) Motion to Lift Stay (the “Motion”) to permit Movant to pursue a civil action in Cause No. 2018DCV4561, pending in the County Court at Law No. 7, El Paso County, Texas, against RODOLFO ACOSTA III (the “Respondent”). This Court has jurisdiction over the Motion pursuant to 28 U.S.C. §§ 157 and 1334. The Court, having considered the Motion, finds and concludes that Motion should be GRANTED. IT IS THEREFORE ORDERED that, pursuant to the terms of this Order, the relief requested in the Motion is hereby granted as set forth herein. IT IS FURTHER ORDERED that as of the date of entry of this Order, the Automatic Stay is lifted , to the extent applicable, and the discharge injunction under the confirmed chapter 11 plan 20875177.2

7

of the above-captioned debtors (the “Debtors” and as reorganized, the “Reorganized Debtors”) are lifted, and the Movant is hereafter permitted to proceed to trial and/or judgment in Cause No. 2018DCV4561, pending in the County Court at Law No. 7, El Paso County, Texas, for the sole purposes of asserting, prosecuting, and liquidating any pre-petition claim claims against the Respondent, Mr. Acosta, whose bankruptcy stay has previously been lifted in another proceeding. . IT IS FURTHER ORDERED that in the event the Movant obtain a judgement against the Respondent, the Movant may only seek recovery of that judgment of liability against Respondent as may be had from the assets of third parties (other than the Debtors or the Reorganized Debtors), including, without limitation, co-obligors, indemnitors, sureties, insurers and/or available insurance coverages (or the proceeds payable therefrom), and joint tort-feasors. IT IS FURTHER ORDERED that, when and if Movant obtains a judgment in the Lawsuit, Movant shall not seek or ever become entitled to payment of any liability of Respondent from, or to assert any claim against, the assets of Respondent’s estatethe Debtors or the Reorganized Debtors. AGREED AS TO SUBSTANCE AND FORM: /s Paul R. Hornung ____________________ Paul R. Hornung 1111 W. Mockingbird Lane Suite 1200 Dallas, TX 75247 Attorney for Movant Richard Arzola ____________________ Carlos Rincon 1014 North Mesa Suite 200 20875177.2

8

El Paso, TX 79902 /s/ Daniel B. Besikof Daniel B. Besikof Loeb & Loeb LLP 345 Park Avenue New York, New York 10154 Attorneys for the Reorganized Debtors Attorney for Debtor C&J Spec-Rent Services, Inc. ##END OF ORDER## 20875177.2

9

Title pdfDocs compareDocs Comparison Results Date & Time 6/22/2021 2:30:42 PM Comparison Time 1.51 seconds compareDocs version v5.0.100.42 Sources Original Document DocumentAgreed order.docx Modified Document Arzola Revised Order -- 6-21-2021.docx Comparison Statistics Word Rendering Set Markup Options Insertions 11 Name Standard Deletions 3 Insertions Changes 3 Deletions Moves 0 Moves / Moves Font Changes 0 Font Changes Paragraph Style Changes 0 Paragraph Style Changes Character Style Changes 0 Character Style Changes TOTAL CHANGES 17 Inserted cells Deleted cells Merged cells Changed lines Mark left border. compareDocs Settings Used Category Option Selected Open Comparison Report after saving General Always Report Type Word Redline Character Level Word False Include Comments Word False Include Field Codes Word False Flatten Field Codes Word False Include Footnotes / Endnotes Word False Include Headers / Footers Word False Image compare mode Word Insert/Delete Include List Numbers Word False Include Quotation Marks Word False Show Moves Word False Include Tables Word False Include Text Boxes Word False Show Reviewing Pane Word True Summary Report Word End Detail Report Word Separate (View Only) Document View Word Print

10