Case Document 371 Filed in TXSB on 09/17/12 Page 1 of 4

Transcription

1 Case Document 371 Filed in TXSB on 09/17/12 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: * * ATP OIL & GAS CORPORATION * CASE NO * DEBTOR * CHAPTER 11 * * JUDGE MARVIN ISGUR JOINDER OF BEE-MAR LLC and ERA HELICOPTERS LLC TO JOINT OBJECTION OF GULF OFFSHORE LOGISTICS, L.L.C., MARTIN HOLDINGS, L.L.C. C- PORT/STONE, L.L.C., OFFSHORE SERVICE VESSELS, L.L.C. and BARRY GRAHAM OIL SERVICE, L.L.C. TO DEBTOR S EMERGENCY MOTION FOR ENTRY OF INTERIM AND FINAL ORDERS PURSUANT TO BANKRUPTCY CODE 105, 107 (B) and 507(1) APPROVING POST PETITION FINANCING (2) AUTHORIZING USE OF CASH COLLATERAL, (3) GRANTING LIENS AND PROVIDING SUPERPRIORITY ADMINISTRATIVE EXPENSE STATUS, (4) GRANTING ADEQUATE PROTECTION, (5) MODIFYING AUTOMATIC STAY, (6) AUTHORIZING DEBTOR TO FILE THE FEE LETTER UNDER SEAL AND (7) SCHEDULING A FINAL HEARING TO HONORABLE MARVIN A. ISGUR, UNITED STATES BANKRUPTCY JUDGE NOW INTO COURT, through undersigned counsel, comes BEE MAR, LLC ( BEE- MAR ) and ERA Helicopters, LLC ( ERA ), (collectively Movants ) who file this Joinder in Gulf Offshore Logistics, L.L.C., Martin Holdings, L.L.C., C-Port/Stone, L.L.C., Offshore Service Vessels, L.L.C. and Barry Graham Oil Service, L.L.C. (collectively Objecting Creditors ) Objection (Dkt. No. 363) to the Motion of ATP Oil & Gas Corporation ( ATP and/or Debtor ) for Entry of Interim and Final Orders Pursuant to bankruptcy Code Sections 105, 107(B), 361, 362, 363, 364 and 507(1) Approving Postpetition Financing, (2) Authorizing Use of Cash Collateral, (3) Granting and Providing Superpriority Administrative Expense Status, (4) Granting Adequate Protection, (5) Modifying Automatic Stay, (6) Authorizing Debtor to File 1

2 Case Document 371 Filed in TXSB on 09/17/12 Page 2 of 4 the Fee Letter Under Seal, and (7) Scheduling a Final Hearing (the DIP Motion ) (Dkt. No. 21) and respectfully states as follows: I. FACTUAL BACKGROUND On August 17, 2012 (the Petition Date ), the Debtor filed a Voluntary Petition for Relief Under Chapter 11 of Title 11 of the United States Code in the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the Court ). The Debtor is continuing to operate after the Petition Date as a Debtor in Possession pursuant to 1107(a) and 1108 of the Bankruptcy Code. No Trustee or examiner has yet been requested or appointed in this case. On the Petition Date, the Debtor filed numerous First Day Motions including the DIP Motion, which were set for hearing on August 21, 2012 at 9:00 a.m. On August 22, 2012, this Court entered an Interim Order on the DIP Motion (Dkt. No. 126). On the same date, this Court entered a Supplemental Interim Order on the DIP Motion (Dkt. No. 128). The Final Hearing on the DIP Motion is presently scheduled for hearing on September 20, 2012 at 1:30 p.m. Prior to the filing of the bankruptcy proceeding of the Debtor, Movants provided pre-petition services for the Debtor s operation for which they have asserted and/or will assert liens and privileges under the Louisiana Oil Well Lien Statute, R.S. 9:4861 et seq. 2

3 Case Document 371 Filed in TXSB on 09/17/12 Page 3 of 4 II. JOINDER BEE-MAR and ERA hereby join in the Objection and incorporate herein by reference the legal arguments contained therein to the extent applicable and request that they be permitted to appear and be heard at any hearing on the Motion. III. RESERVATION OF RIGHTS BEE-MAR and ERA reserve the right to raise additional grounds for the relief requested in this Joinder and to supplement and/or amend this Joinder. WHEREFORE, BEE-MAR, LLC and ERA Helicopters, LLC, respectfully request that the Court sustain this Objection, and deny the Debtor s Motion to the extent that it seeks relief inconsistent herewith and for such other and further relief to which they may be entitled. Dated: September 17, 2012 Respectfully submitted, MONTGOMERY BARNETT, L.L.P, /s/ Stephen L. Williamson Stephen L. Williamson (La. Bar No. 8316) Jeremy D. Rush (La Bar No ) 3300 Energy Centre 1100 Poydras Street New Orleans, Louisiana Telephone: (504) Facsimile: (504) swilliamson@monbar.com jrush@monbar.com Attorneys for BEE-MAR, L.L.C. and ERA Helicopers, LLC 3

4 Case Document 371 Filed in TXSB on 09/17/12 Page 4 of 4 CERTIFICATE OF SERVICE I hereby certify that a copy of the above and foregoing document has been served electronically upon the following parties listed below via electronic means by the Court s CM/ECF noticing system this 17 th day of September, See Attached /s/ Stephen L. Williamson 4

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