Case Document 3784 Filed in TXSB on 06/17/16 Page 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION

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1 Case Document 3784 Filed in TXSB on 06/17/16 Page 1 of 5 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: ATP Oil & Gas Corporation Debtor. Case No (Chapter 7) EMERGENCY MOTION TO AUTHORIZE CHAPTER 7 TRUSTEE TO INCUR SERVICE COSTS AND FOR EXPEDITED CONSIDERATION THIS MOTION SEEKS AN ORDER THAT MAY ADVERSELY AFFECT YOU. IF YOU OPPOSE THE MOTION, YOU SHOULD IMMEDIATELY CONTACT THE MOVING PARTY TO RESOLVE THE DISPUTE. IF YOU AND THE MOVING PARTY CANNOT AGREE, YOU MUST FILE A RESPONSE AND SEND A COPY TO THE MOVING PARTY. YOU MUST FILE AND SERVE YOUR RESPONSE WITHIN 21 DAYS OF THE DATE THIS WAS SERVED ON YOU. YOUR RESPONSE MUST STATE WHY THE MOTION SHOULD NOT BE GRANTED. IF YOU DO NOT FILE A TIMELY RESPONSE, THE RELIEF MAY BE GRANTED WITHOUT FURTHER NOTICE TO YOU. IF YOU OPPOSE THE MOTION AND HAVE NOT REACHED AN AGREEMENT, YOU MUST ATTEND THE HEARING. UNLESS THE PARTIES AGREE OTHERWISE, THE COURT MAY CONSIDER EVIDENCE AT THE HEARING AND MAY DECIDE THE MOTION AT THE HEARING. EMERGENCY RELIEF HAS BEEN REQUESTED. IF THE COURT CONSIDERS THE MOTION ON AN EMERGENCY BASIS, THEN YOU WILL HAVE LESS THAN 21 DAYS TO ANSWER. IF YOU OBJECT TO THE REQUESTED RELIEF OR IF YOU BELIEVE THAT THE EMERGENCY CONSIDERATION IS NOT WARRANTED, YOU SHOULD FILE AN IMMEDIATE RESPONSE. REPRESENTED PARTIES SHOULD ACT THROUGH THEIR ATTORNEY. TO THE HONORABLE MARVIN ISGUR, UNITED STATES BANKRUPTCY JUDGE: Rodney D. Tow, the chapter 7 trustee (the Trustee ) of ATP Oil & Gas Corporation (the Debtor ) in the above-captioned chapter 7 case (the Bankruptcy Case ) hereby submits this

2 Case Document 3784 Filed in TXSB on 06/17/16 Page 2 of 5 Emergency Motion For Authorization to Incur Service Costs and Request for Expedited Consideration (the Motion ) and respectfully represents as follows: JURISDICTION AND VENUE 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334 and the Standing Order of Reference of the United States Bankruptcy Court for the Southern District of Texas. This is a core proceeding pursuant to 28 U.S.C. 157(b). 2. Venue is proper in this district pursuant to 28 U.S.C and The statutory predicates for the relief sought herein are 105(a), 503(b) and 704 of title 11 of the United States Code, 11 U.S.C (the Bankruptcy Code ). BACKGROUND 3. On August 17, 2012 (the Petition Date ), the Debtor filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code with the United States Bankruptcy Court, Southern District of Texas, Houston Division (the Court ). 4. On June 26, 2014 (the Conversion Date ), the Court entered an Order [Dkt. No. 3163] converting the Bankruptcy case to a case under chapter 7 of the Bankruptcy Code and the United States Trustee appointed Rodney D. Tow as the interim chapter 7 trustee of the Debtor s estate. 5. There are approximately 5,500 parties on the creditor matrix in this Bankruptcy Case. 6. On or about, August 21, 2012, the Court entered an Order (the KCC Retention Order ) authorizing the Debtor to employ and retain Kurtzman Carson Consultants LLC ( KCC ) as notice, claims, and balloting agent for the Debtor. KCC s services included, among other things, arranging for the service of certain pleadings filed in the Bankruptcy Case.

3 Case Document 3784 Filed in TXSB on 06/17/16 Page 3 of 5 7. On June 15, 2016 the Court entered its Order Setting Hearing on Chapter 7 Trustee s Motion for Approval of Settlement with British Petroleum ( Hearing Order ) [Dkt. No. 3783]. The Hearing Order requires the Trustee to serve a copy of the Hearing Order on all creditors and parties in interest. 8. KCC has notified the Trustee that the cost to serve the Hearing Order on the creditor matrix is approximately $6,250 and the cost to serve the Hearing Order on the equity holders will be approximately $40,000 to $50,000 (collectively, the Service Costs ). In connection with serving notice on the equity holders, KCC will need to collect updated information on the equity holders from various banks and brokers. RELIEF REQUESTED 9. The Trustee seeks entry of an order, substantially in the form of the proposed order attached to this Motion authorizing the Trustee to incur the Service Costs. BASIS FOR RELIEF 10. The Trustee respectfully submits that the relief requested herein is appropriate under the Bankruptcy Code. Pursuant to Section 105(a) of the Bankruptcy Code, [t]he court may issue any order, process or judgment that is necessary or appropriate to carry out the provisions of the Bankruptcy Code. 11 U.S.C. 105(a). Furthermore, pursuant to Section 503(b) of the Bankruptcy Code, there shall be allowed administrative expenses... the actual, necessary costs and expenses of preserving the estate U.S.C. 503(b). 11. KCC has been retained in this Bankruptcy Case and has an established process of providing notices in this Bankruptcy Case. KCC will be able to perform these services more cost-effectively than any other method available to the Trustee. The Trustee seeks approval to incur the Service Costs to serve the Hearing Order on the creditor matrix and the equity holders.

4 Case Document 3784 Filed in TXSB on 06/17/16 Page 4 of 5 BASIS FOR EXPEDITED RELIEF 12. The Hearing Order requires the Trustee to serve a copy of the Hearing Order on all creditors and parties in interest within two business days. In order to timely provide these notices, the Trustee seeks expedited consideration of this Motion for authority to incur the Service Costs. 13. The Court has already approved the retention of KCC in this Bankruptcy Case and the Trustee seeks authority to continue to use certain of these services at the same rates and terms approved by the Court. This Motion provides notice to the Court and parties in interest of the substantial costs that will be incurred by the estate in connection with the service of the Hearing Order on the creditor matrix and the equity holders. WHEREFORE, the Trustee respectfully requests that the Court enter an order, in the form attached hereto, and granting such further relief as is just and proper. [Remainder of page left intentionally blank]

5 Case Document 3784 Filed in TXSB on 06/17/16 Page 5 of 5 DATED: June 17, 2016 Respectfully submitted, DIAMOND MCCARTHY, LLP /s/ William Hotze Kyung S. Lee State Bar No Charles M. Rubio State Bar No William Hotze State Bar No Diamond McCarthy, LLP 909 Fannin Street, 15 th Floor Two Houston Center Houston, Texas Telephone: (713) Facsimile: (713) CERTIFICATE OF SERVICE GENERAL COUNSEL TO RODNEY D. TOW, TRUSTEE I certify that on June 17, 2016, a true and correct copy of the foregoing document was served by (i) the Electronic Case Filing System for the United States Bankruptcy Court for the Southern District of Texas to all parties registered to receive such service, and (ii) transmitted to the parties listed on the attached Master Service List by pursuant to the Order Establishing Notice Procedures [Dkt. 3189]. /s/ William Hotze William Hotze

6 Case Document Filed in TXSB on 06/17/16 Page 1 of 2 UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: ATP Oil & Gas Corporation Debtor. Case No (Chapter 7) ORDER AUTHORIZING CHAPTER 7 TRUSTEE TO INCUR SERVICE COSTS Upon the motion, dated June 17, 2016, (the Motion ) 1 of Rodney D. Tow, the chapter 7 trustee (the Trustee ) of ATP Oil & Gas Corporation (the Debtor ) in the above-captioned chapter 7 case (the Bankruptcy Case ) for entry or an order authorizing the Trustee to incur certain service costs in connection with the service of the Order Setting Hearing on Chapter 7 Trustee s Motion for Approval of Settlement with British Petroleum ( Hearing Order ) [Dkt. No. 3783], and it appearing that proper and adequate notice of the Motion and the hearing thereon having been given; and it appearing that no other or further notice being necessary; and it appearing that this Court has jurisdiction over this matter pursuant to 28 U.S.C. 157 and 1334; and it appearing that this proceeding is a core proceeding pursuant to 28 U.S.C. 157(b)(2); and it appearing that the relief requested in the Motion is in the best interest of the estate; and upon the record herein; and after due deliberation thereon; and good and sufficient cause appearing therefore; it is hereby: ORDERED that that the Trustee is authorized to incur the Service Costs and use and compensate KCC for services it provides to the Trustee in connection with the service of the Hearing Order; and it is further 1 Capitalized terms used but not defined herein have the meanings assigned to such terms in the Motion.

7 Case Document Filed in TXSB on 06/17/16 Page 2 of 2 ORDERED that that the Trustee is authorized to pay KCC for such services promptly upon submission of the invoice from KCC; and it is further ORDERED that this Order shall be immediately effective upon entry; and it is further ORDERED that the Court shall retain jurisdiction to hear and determine all matters arising from the implementation of this Order. DATE:, 2016 HONORABLE MARVIN ISGUR UNITED STATES BANKRUPTCY JUDGE