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Full title: Modified Objection to Claim (Third) - XTO Energy, Inc.'s Satisfied Claims with Notice thereof, (30 Day Objection Language) Filed by David W. Parham for Debtor First River Energy, LLC (Attachments: # 1 Exhibit A - XTO Claims # 2 Exhibit B - Proposed Order # 3 Appendix Service List) (Parham, David)
Document posted on Jul 28, 2021 in the bankruptcy, 6 pages and 0 tables.
Bankrupt11 Summary (Automatically Generated)
Debtor, First River Energy, LLC, as debtor and debtor in possession (the “Debtor”), in accordance with Rule 3007 of the Federal Rules of Bankruptcy Procedures and Rule 3007 of the Local Bankruptcy Rules of the United States Bankruptcy Court for the Western District of Texas (“Local Rules”) hereby submits its omnibus objection (“Objection”) to XTO Claims (as defined below).At the time the Debtor filed this case the Debtor owed monies to XTO Energy, Inc. and thus the Debtor scheduled XTO Energy,The Debtor has identified four hundred and six (406) scheduled claims of XTO Energy, Inc. that via a Letter of Credit were satisfied in full by the Debtor in this Bankruptcy Case (the “XTO Claims”). Exhibit A contains the following information for each XTO Claim: (a) name and address of XTO Energy, Inc.; (b) Scheduled Claim Number; (c) current Class of Claim; and (d) Scheduled Claim Amount.In addition, the Debtor reserves the right to seek further reduction of any Claim for any reason including to the extent such Claim has been paid, and further reserves the right to raise further objections, including objections under section 502(d) of the Bankruptcy Code.
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Document ContentsIN THE UNITED STATES BANKRUPTCY COURT FOR THE WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION In re: § § Chapter 11 FIRST RIVER ENERGY, LLC,1 § § Bankruptcy Case No. 18-50085 Debtor. § § DEBTOR’S THIRD OMNIBUS OBJECTION TO XTO ENERGY, INC.’S SATISFIED CLAIMS This is an objection to your claim in this bankruptcy case. This objection asks the Court to disallow (eliminate), reduce, or modify your claim as set forth in this objection. If you do not file a written response to this objection within 30 days from the date of mailing of this objection, the Court may disallow (eliminate), reduce, or modify your claim as set forth in this objection, without a hearing being held. Any response to this objection must explain your position and be timely filed with the United States Bankruptcy Clerk, Western District of Texas, San Antonio Division, Hipolito F. Garcia Federal Building and United States Courthouse, 615 East Houston Street, Room 597, San Antonio, Texas 78205. If a timely response is filed, the Court will then set a hearing on the objection and you will be provided with notice of the date, time, and place of the hearing. If you do not attend the hearing, the Court may decide that you do not oppose the objection to your claim. Debtor, First River Energy, LLC, as debtor and debtor in possession (the “Debtor”), in accordance with Rule 3007 of the Federal Rules of Bankruptcy Procedures and Rule 3007 of the Local Bankruptcy Rules of the United States Bankruptcy Court for the Western District of Texas (“Local Rules”) hereby submits its omnibus objection (“Objection”) to XTO Claims (as defined below). In support of the Objection, the Debtor respectfully represents: 1 The Debtor in this chapter 11 case, along with the last four digits of the Debtor’s federal tax identification number, is: First River Energy, LLC (9656). The mailing address for the Debtor, solely for purposes of notices and communications, is P.O. Box 1718, Livingston, TX 77351.
1Background 1. On January 12, 2018, (the “Petition Date”), the Debtor filed a voluntary petition for relief under chapter 11 of Title 11 of the United States Code (the “Bankruptcy Code”). The Debtor is authorized to continue to operate its businesses and manage its properties as debtor in possession pursuant to sections 1107(a) and 1108 of the Bankruptcy Code. 2. At the time the Debtor filed this case the Debtor owed monies to XTO Energy, Inc. and thus the Debtor scheduled XTO Energy, Inc. as having voluminous amounts of scheduled claims as identified on Exhibit A (collectively, the “XTO Claims”). During this Bankruptcy Case, all of Debtor’s obligations to XTO Energy, Inc. were satisfied via funds from a Letter of Credit. The Debtor seeks that the XTO Claims should be disallowed and expunged. Jurisdiction 3. This Court has jurisdiction over this Objection under 28 U.S.C. §§ 157 and 1334. Venue of these cases and this Objection in this district is proper pursuant to 28 U.S.C. §§ 1408 and 1409. This is a core proceeding with the meaning of 28 U.S.C. § 157(b). Relief Requested 4. Upon examining the scheduled claims identified on Exhibit A, the Debtor has determined that the obligations asserted in the certain claims have been satisfied during this Bankruptcy Case (collectively the “XTO Claims”). As such the XTO Claims must be disallowed and expunged in their entirety.
25. Accordingly, the Debtor seeks entry of an order disallowing and expunging in the claims listed on Exhibit A 6. The Debtor has grouped in this omnibus objection all of XTO Energy, Inc.’s scheduled claims, which totals 406 claims. The Debtor seeks relief from Bankruptcy Rule 3007(e)(6) so that it can exceed the 100-claim limit. Basis for Relief Requested 7. The Debtor has identified four hundred and six (406) scheduled claims of XTO Energy, Inc. that via a Letter of Credit were satisfied in full by the Debtor in this Bankruptcy Case (the “XTO Claims”). Therefore, failure to disallow and expunge the XTO Claims could result in XTO Energy, Inc. receiving multiple recoveries on account of their claims, to the detriment of the Debtor’s other creditors. The Debtor thus objects to the XTO Claims identified on Exhibit A and request that such claims be disallowed and expunged. 8. Set forth on Exhibit A are the XTO Claims that the Debtor has identified to date. Exhibit A contains the following information for each XTO Claim: (a) name and address of XTO Energy, Inc.; (b) Scheduled Claim Number; (c) current Class of Claim; and (d) Scheduled Claim Amount. 9. Disallowing and expunging the XTO Claims will prevent XTO Energy, Inc. from receiving multiple recoveries for a single claim. Accordingly, the Debtor respectfully requests that the XTO Claims set forth on Exhibit A be disallowed and expunged from the Debtor’s claims register for all purposes pursuant to Bankruptcy Rule 3007(d)(1). 10. Section 502(a) of the Bankruptcy Code provides that “[a] claim of interest, proof of which is filed under section 501 of this title, is deemed allowed, unless a party in interest…objects.” 11 U.S.C. § 502(a). A chapter 11 debtor has the duty to object to the allowance of any claim that is improper. 11 U.S.C. §§ 704(a)(5), 1106(a)(1) and 1107(a); see
3also Int’l Yacht & Tennis, Inc. & Wasserman Tennis, Inc. (In re Int’l Yacht & Tennis, Inc.) 922 F.2d 659, 661-62 (11th Cir. 1991). 11. As set forth in Bankruptcy Rule 3001(f), a properly executed and filed proof of claim constitutes prima facie evidence of the validity and the amount of the claim under section 502(a) of the Bankruptcy Code. See In re O’Connor, 153 F. 3d 258, 260 (5th Cir. 1998). To receive the benefit of prima facie validity, however, it is elemental that a proof of claim must assert facts of allegation which would entitle the claimant to a recovery. Additionally, a claimant’s proof of claim is entitled to the presumption of prima facie validity under Bankruptcy Rule 3001(f) only until an objecting party refutes at least one of the allegations that is essential to the claim’s legal sufficiency. In re Starnes, 231 B.R. 903, 912 (N.D. Tex. 1998). Once such an allegation is refuted, “then the party asserting the claim bears the burden of proof and must establish the validity of its claim by a preponderance of the evidence.” In re 804 Congress, L.L.C., 529 B.R. 213, 219 (Bankr. W.D. Tex. 2015); see also Cavu/Rock Props. Project I, L.L.C. v. Gold Star Constr., Inc. (In re Cavu/Rock Props Project I, L.L.C.), 516 B.R. 414, 422 (Bankr. W.D. Tex. 2014) “The ultimate burden of proof always lies with the claimant.” In re Armstrong, 347 B.R. 581, 583 (Bankr. N.D. Tex. 2006). 12. As stated above, the Debtor has demonstrated in this Objection that there is sufficient justification for the XTO Claims to be disallowed and expunged in their entirety. The Debtor respectfully submits that disallowing and expunging the XTO Claims will prevent Claimants from receiving multiple recoveries for a single claim. Separate Contested Matter 13. To the extent that a response is filed regarding any XTO Claim and the Debtor is unable to resolve any such response, each such XTO Claim, will constitute a separate contested
4matter as contemplated by Bankruptcy Rule 9014. Further, the Debtor requests that any order entered by the Court regarding an objection or other reply asserted in response to this Objection be deemed a separate order with respect to each proof of claim. Reservation of Rights 14. The Debtor expressly reserves the right to amend, modify or supplement this Objection and to file additional substantive or non-substantive objections to the XTO Claims objected to herein, or any other Claims (filed or not), including without limitation, which may be asserted against the Debtor. Should one or more of the grounds stated in this Objection be overruled, the Debtor reserves its rights to object on other stated grounds or on any other grounds that the Debtor discovers. In addition, the Debtor reserves the right to seek further reduction of any Claim for any reason including to the extent such Claim has been paid, and further reserves the right to raise further objections, including objections under section 502(d) of the Bankruptcy Code. WHEREFORE, the Debtor respectfully requests that the Court enter an order substantially similar to the form attached as Exhibit B granting (i) the relief requested herein; (ii) approve Debtor exceeding the 100 claims limit under Bankruptcy Rule 3007(e); and (iii) such other and further relief as it deems just and proper.
5Dated: July 29, 2021 Respectfully submitted, /s/ David W. Parham David W. Parham, SBN: 15459500 Esther McKean, SBN: 24122145 AKERMAN LLP 2001 Ross Avenue, Suite 3600 Dallas, Texas 75201 Telephone:(214) 720-4300 Facsimile: (214) 981-9339 email@example.com firstname.lastname@example.org COUNSEL FOR DEBTOR AND DEBTOR-IN-POSSESSION CERTIFICATE OF SERVICE I hereby certify that, on July 29, 2021, a true and correct copy of the foregoing document was served electronically by the Court’s PACER system to all parties receiving such notices. Furthermore, I directed Donlin Recano, the Debtor’s Noticing Agent, to serve the foregoing document via first class, on the parties named on the notice list attached hereto and on XTO Energy, Inc., 714 Main Street, Suite 2405, Fort Worth, TX 76102. /s/ David W. Parham David W. Parham