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Full title: Objection to Claim 96 of Tommy L. Slack with Notice thereof, (30 Day Objection Language) Filed by David W. Parham for Debtor First River Energy, LLC (Attachments: # 1 Exhibit A - Proposed Order # 2 Appendix Service List) (Parham, David)

Document posted on Aug 8, 2021 in the bankruptcy, 5 pages and 0 tables.

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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.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 objection (“Objection”) to the claim filed by Tommy L. 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.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 addition, the Debtor reserves the right to seek further reduction of the Disputed Claim for any reason including to the extent such Disputed 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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IN 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 OBJECTION TO CLAIM OF TO CLAIM OF TOMMY L. SLACK (CLAIM NO. 96) 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 objection (“Objection”) to the claim filed by Tommy L. Slack, Claim No. 96. 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.

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Background 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. The Debtor has reviewed the official claims register and determined that certain of the claims are not valid. As set forth in more detail below, the Debtor has determined that the following described Claim should be disallowed and expunged:  Name of Claimant: Tommy L. Slack  Claim Number of Disputed Claim: Claim No. 96  Asserted Amount of Disputed Claim: $100,000  Basis for Objection: Not Liable (the “Disputed Claim”). 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. By this Objection, the Debtor requests entry of an order disallowing and expunging the Disputed Claim. Basis for Relief Requested 5. The Debtor is not liable for the amount claimed. The Debtor’s books and records do not reflect anything is owed to Mr. Slack as the Debtor has no record of ever conducting

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business with Mr. Slack or entering into a lease with a “Kellum”. No documents were attached to the Claim to reflect a valid “lease” with the Debtor. 6. 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 also Int’l Yacht & Tennis, Inc. & Wasserman Tennis, Inc. (In re Int’l Yacht & Tennis, Inc.) 922 F.2d 659, 661-62 (11th Cir. 1991). 7. 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).

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Reservation of Rights 8. The Debtor expressly reserves the right to amend, modify or supplement this Objection and to file additional substantive or non-substantive objections to the Disputed Claim objected to herein, or any other Claims filed by Claimant which may be asserted against the Debtor. In addition, the Debtor reserves the right to seek further reduction of the Disputed Claim for any reason including to the extent such Disputed 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 A granting (i) the relief requested herein and (ii) such other and further relief as it deems just and proper. Dated: August 9, 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 david.parham@akerman.com esther.mckean@akerman.com COUNSEL FOR DEBTOR AND DEBTOR-IN-POSSESSION

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CERTIFICATE OF SERVICE I hereby certify that, on August 9, 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 Claimant: Tommy L. Slack, 10166 Memorial Dr., Houston, TX 77024. /s/ David W. Parham David W. Parham

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