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Full title: Objection Filed by Levi G. McCathern II for Creditor 1776 Energy Partners, L.L.C. (Attachments: # 1 Exhibit A) (McCathern, Levi) (related document(s): 1044 Amended First Omnibus Objection to Duplicative Claims, with Notice thereof, (30-Day Objection Language) Filed by David W. Parham for Debtor First River Energy, LLC (Attachments: # 1 Exhibit A - Duplicate Claims # 2 Exhibit B - Proposed Order # 3 Appendix Service List) (Parham, David) (related document(s): 1041 First Omnibus Objection to Duplicate Claims (30-Day Objection Language) filed by David W. Parham for Debtor First River Energy, LLC))

Document posted on Aug 19, 2021 in the bankruptcy, 4 pages and 0 tables.

Bankrupt11 Summary (Automatically Generated)

Before the Debtor filed for bankruptcy, they and 1776 Energy were each parties to a lawsuit pending in Karnes County, Texas that involved a dispute over ownership of certain oil and gas leases and royalty interests (the “Karnes County Lawsuit”).1 Debtor2 purchased oil and gas from the wells at issue in the Karnes County Lawsuit, and was obligated to distribute the sale proceeds to the various interest owners.Thus, on April 30, 2018 1776 Energy filed an administrative claim in the amount of $11,997.00 for the proceeds from the sale of oil and gas occurring within 20 days of the commencement of this case (Claim No. 1181)Then, on May 2, 2018 1776 Energy filed a proof of claim in the amount of $945,687.90 for the total proceeds from the sale of oil and gas owed to 1776 Energy (Claim No. 1441) (“Proof of Claim”). As stated in 1776 Energy’s Proof of Claim, that claim amount is inclusive of the $11,997.00 asserted in 1776While the Debtor’s Objection does not specify the particular reason for their objection other than claiming each identified claim is duplicative of other claims, 1776 Energy believes the objection is based on the aforementioned inclusion of the $11,997.00 accrued within the 20 days preceding this case in both 1776 Energy’s Admin Claim and their Proof of Claim.

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UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS SAN ANTONIO DIVISION In re: § § Chapter 11 FIRST RIVER ENERGY, LLC, § § Bankruptcy Case No. 18-50085 Debtor. § § 1776 ENERGY PARTNERS, LLC’S RESPONSE IN OPPOSITION TO DEBTOR’S AMENDED FIRST OMNIBUS OBJECTION TO DUPLICATIVE CLAIMS (ECF NO. 1044) 1776 Energy Partners, LLC (“1776 Energy”) files its response in opposition to Debtor First River Energy, LLC’s (“Debtor”) Amended First Omnibus Objection to Duplicative Claims (Docket No. 1044) (the “Objection”), and in support thereof respectfully states as follows. Background 1. Before the Debtor filed for bankruptcy, they and 1776 Energy were each parties to a lawsuit pending in Karnes County, Texas that involved a dispute over ownership of certain oil and gas leases and royalty interests (the “Karnes County Lawsuit”).1 Debtor2 purchased oil and gas from the wells at issue in the Karnes County Lawsuit, and was obligated to distribute the sale proceeds to the various interest owners. In light of the dispute, Debtor filed a motion to interplead the oil and gas proceeds into the registry of the Karnes County Court during the pendency of the Karnes County Litigation, and on June 10, 2016 the Karnes County Court entered an order requiring Debtor to deposit all such proceeds into the registry of that court.3 1 Cause No. 15-08-00185-CVK, Louis Dofrman, et al. vs. Viceroy Petroleum, LP, et al.; in the 81st Judicial District Court, Karnes County, Texas. 2 As successor to First River Midstream, LLC. 3 A true and correct copy of the June 10, 2016 order is attached hereto as Exhibit A, as was attached to 1776 Energy’s Proof of Claim.

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2. On or about October of 2016 Debtor made a single initial deposit of funds with the registry of the Karnes County Court. Thereafter, however, Debtor failed to deposit any further sale proceeds into the court’s registry. The un-deposited amount of proceeds due as of Debtor’s filing for bankruptcy totals at least $945,687.90. 3. Thus, on April 30, 2018 1776 Energy filed an administrative claim in the amount of $11,997.00 for the proceeds from the sale of oil and gas occurring within 20 days of the commencement of this case (Claim No. 1181) (“Admin Claim”). That claim is entitled to administrative priority under section 503(b)(9) of the Bankruptcy Code. 4. Then, on May 2, 2018 1776 Energy filed a proof of claim in the amount of $945,687.90 for the total proceeds from the sale of oil and gas owed to 1776 Energy (Claim No. 1441) (“Proof of Claim”). As stated in 1776 Energy’s Proof of Claim, that claim amount is inclusive of the $11,997.00 asserted in 1776 Energy’s Admin Claim. Response 5. While the Debtor’s Objection does not specify the particular reason for their objection other than claiming each identified claim is duplicative of other claims, 1776 Energy believes the objection is based on the aforementioned inclusion of the $11,997.00 accrued within the 20 days preceding this case in both 1776 Energy’s Admin Claim and their Proof of Claim. 6. 1776 Energy does not dispute that it cannot recover more than the total amount it is owed. Nor has 1776 Energy attempted to recover more than they are entitled to insofar as 1776 Energy’s Proof of Claim explicitly states that it includes the $11,997.00 asserted in its Admin Claim. However to disallow either or both of 1776 Energy’s claims in their entirety because of this small, easily rectifiable variance would be unjust, particularly given that the substantial

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majority of 1776 Energy’s claim, that is, $933,690.90, is not duplicated between the Admin Claim and Proof of Claim. 7. Thus, as a proposed remedy to this dispute, 1776 Energy has offered to amend their Proof of Claim to remove and exclude the $11,997.00 that is otherwise stated in their Admin Claim, thereby leaving a total of $933,690.90 on the Proof of Claim. Wherefore, for the reasons stated above, 1776 Energy respectfully requests that the Court enter an order overruling the Objection and denying all relief requested therein, and granting 1776 Energy such other relief as the Court deems just and proper. Dated: August 19, 2021. Respectfully submitted, MCCATHERN HOUSTON 2000 West Loop South, Ste. 1850 Houston, Texas 77027 Tel. (832) 533-8689 Fax (832) 213-4842 By: /s/Andrew T. Green Rodney L. Drinnon Texas Bar No. 24047841 rdrinnon@mccathernlaw.com Andrew T. Green Texas Bar No. 24069823 agreen@mccathernlaw.com ATTORNEYS FOR 1776 ENERGY PARTNERS, LLC

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CERTIFICATE OF SERVICE I certify that on August 19, 2021 a copy of the foregoing document was served electronically via the Court’s ECF system on all parties registered to receive such service including the counsel for the Debtor listed below. David W. Parham Esther McKean Ackerman LLP 2001 Ross Ave., Suite 3600 Dallas, TX 75201 /s/Andrew T. Green

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