Case Document 593 Filed in TXSB on 06/02/17 Page 1 of 6

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1 Case Document 593 Filed in TXSB on 06/02/17 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: ) Chapter 11 ) LINC USA GP, et al. 1 ) Case No (DRJ) ) Debtors. ) (Jointly Administered) CHAPTER 11 CREDITOR TRUSTEE S OBJECTION TO CLAIM FILED BY JONES OILFIELD SVC SUPPLY, LLC PURSUANT TO RULE 3007 OF THE FEDERAL RULES OF BANKRUPTCY PROCEDURE (Relates to Claim No. 132) THIS IS AN OBJECTION TO YOUR CLAIM. THE OBJECTING PARTY IS ASKING THE COURT TO DISALLOW ALL OR A PORTION OF THE CLAIM THAT YOU FILED IN THIS BANKRUPTCY CASE. YOU SHOULD IMMEDIATELY CONTACT THE OBJECTING PARTY TO RESOLVE THE DISPUTE. IF YOU DO NOT REACH AN AGREEMENT, YOU MUST FILE A RESPONSE TO THIS OBJECTION AND SEND A COPY OF YOUR RESPONSE TO THE OBJECTING PARTY WITHIN 30 DAYS AFTER THE OBJECTION WAS SERVED ON YOU. YOUR RESPONSE MUST STATE WHY THE OBJECTION IS NOT VALID. IF YOU DO NOT FILE A RESPONSE WITHIN 30 DAYS AFTER THE OBJECTION WAS SERVED ON YOU, YOUR CLAIM MAY BE DISALLOWED WITHOUT A HEARING. To the Honorable David R. Jones, Chief United States Bankruptcy Judge: Alexandre Zyngier, as the Trustee (the Trustee ) of the Linc Chapter 11 Creditor Trust (the Trust ), files this objection (the Objection ) to the Claim filed by Jones Oilfield SVC Supply, LLC (the Claimant or Jones Oilfield ) [Claim No. 132], pursuant to Rule 3007 of the Federal Rules of Bankruptcy Procedure, and in support thereof, respectfully states as follows: 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtors federal tax identification number, are: Linc Energy Finance (USA), Inc. (6684); Linc USA GP (5234); Linc Energy Resources, Inc. (9613); Linc Gulf Coast Petroleum, Inc. (6790); Linc Energy Petroleum (Louisiana), LLC (1074); Linc Alaska Resources, LLC (2362); Paen Insula Holdings, LLC (1681); Linc Energy Petroleum (Wyoming), Inc. (9859); and Linc Energy Operations, Inc. (5806). 1

2 Case Document 593 Filed in TXSB on 06/02/17 Page 2 of 6 JURISDICTION 1. This Court has jurisdiction over this matter pursuant to 28 U.S.C This Objection is a core proceeding within the meaning of 28 U.S.C. 157(b)(2). Venue is proper pursuant to 28 U.S.C Pursuant to the Debtors Joint Plan of Liquidation (the Plan ) [Doc. No. 450], this Court retains jurisdiction over claim objections. LEGAL AUTHORITY 2. Claim objections are governed by Section 502 of the Bankruptcy Code and by Rule 3007 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ). Inasmuch as the Trustee is not requesting relief of the kind specified in Bankruptcy Rule 7001, this Objection is a contested matter under Bankruptcy Rule FACTUAL BACKGROUND 3. On May 29, 2016 (the Petition Date ), the Debtors filed voluntary petitions for relief under chapter 11, title 11 of the United States Code (the Bankruptcy Code ) in the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the Court ). 4. On February 13, 2017, the Court entered the order (the Confirmation Order ) [Doc. No. 536], which confirmed the Debtors Plan. [Doc. No. 450]. Pursuant to the Plan and Confirmation Order, the Trustee was vested with the authority to, among other things, review and object to claims. 5. According to the Notice of Effective Date [Doc. No. 572], all holders of administrative claims, including substantial contribution claims, had to submit proofs of administrative claim on or before May 3, 2017 (the Administrative Claims Bar Date ). The Trustee had thirty (30) days (or such longer period as may be allowed by order of the Bankruptcy Court) following the Administrative Claims Bar Date to review and object to such administrative v2 2

3 Case Document 593 Filed in TXSB on 06/02/17 Page 3 of 6 claims before a hearing for determination of allowance of such administrative claims. [Doc. No. 572]. 6. Jones Oilfield claims to have provided oilfield equipment to Linc Energy Operations, Inc. (the Debtor ), as allegedly evidenced by two invoices (collectively, the Invoices ). 7. On July 25, 2016, Jones Oilfield filed a proof of claim (the Claim ) in the amount of $2, (the Claim Amount ), which is attached hereto as Exhibit A. [Claim No. 132]. The stated basis of the claim is goods sold. Exhibit A. Jones Oilfield designated the entire Claim Amount as an administrative priority claim under 11 U.S.C. 503(b)(9). Id. OBJECTION 8. Under 503(b)(1)(A) of the Bankruptcy Code, the Court is required to award administrative priority for claims that constitute the actual, necessary costs and expenses of preserving the estate U.S.C. 503(b)(1)(A). To establish that the claim is both actual and necessary, the claimant must demonstrate that the charge is reasonable for the value or benefit bestowed upon the estate. In re Express One Int l, Inc., 217 B.R. 207, 211 (Bankr. E.D. Tex. 1998); see also In re Canton Jubilee, Inc., 253 B.R. 770, 775 (Bankr. E.D. Tex. 2000) (same). 9. Section 503(b)(9) of the Bankruptcy Code allows an administrative priority expense claim for the value of any goods received by the debtor within 20 days before the date of commencement of a case under this title in which goods have been sold to the debtor in the ordinary course of such debtor s business. 11 U.S.C. 503(b)(9); see also In re Pilgrim s Pride Corp., 421 B.R. 231, 241 (Bankr. N.D. Tex. 2009) (determining that claimants provided v2 3

4 Case Document 593 Filed in TXSB on 06/02/17 Page 4 of 6 goods, i.e. gas and water, and thus were entitled to administrative expense prior for the value of the goods delivered to debtors within 20 days prior to the petition date). 10. The Trustee objects to Jones Oilfield s Claim on the basis that the Claim is for prepetition goods or services received outside the time period allowed by 11 U.S.C. 503(b)(9). The Invoices predate the Petition Date by more than 20 days: (i) the first invoice is dated December 7, 2015, and (ii) the second invoice is dated February 23, See Exhibit A. Thus, the Trustee objects to the Claimant s assertion of administrative priority status, and the Claim should be allowed only as a general unsecured claim. RESERVATION OF RIGHTS 11. The Trustee reserves all rights related to Claimant s Claim. Such rights include, without limitation, the right to amend or supplement this Objection or raise any additional objections and/or arguments, prior to or during any hearing(s) regarding Claimant s Claim, or any hearing regarding payment of administrative expense claims. All such rights are expressly reserved and preserved. CONCLUSION WHEREFORE, the Trustee respectfully requests that this Court grant the Trustee s Objection as set forth above, and grant other relief to which the Trustee may be justly entitled. [Remainder of Page Left Intentionally Blank]] v2 4

5 Case Document 593 Filed in TXSB on 06/02/17 Page 5 of 6 Dated: June 2, 2017 Porter Hedges LLP /s/ Eric M. English Eric M. English State Bar No Brandon J. Tittle State Bar No Rachel I. Thompson State Bar No Porter Hedges LLP 1000 Main Street, 36 th Floor Houston, Texas Telephone: (713) Facsimile: (713) ATTORNEYS FOR ALEXANDRE ZYNGIER, THE TRUSTEE OF THE LINC CHAPTER 11 CREDITOR TRUST v2 5

6 Case Document 593 Filed in TXSB on 06/02/17 Page 6 of 6 CERTIFICATE OF SERVICE I certify that on June 2, 2017, I caused a copy of the foregoing Objection to be served by first class mail on (i) Jones Oilfield Service Supply, LLC, PO Box 62600, Department 1433, New Orleans, LA and (ii) Jones Oilfield Service Supply, LLC, 6140 Hwy 90 E., Lake Charles, LA 70615, Attn: Darin Thibodeaux, Manager. The Objection was also served by the Electronic Case Filing System for the United States Bankruptcy Court for the Southern District of Texas on all parties appearing in this case. /s/ Rachel I. Thompson Rachel I. Thompson v2 6

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12 Case Document Filed in TXSB on 06/02/17 Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: ) Chapter 11 ) LINC USA GP, et al. 1 ) Case No (DRJ) ) Debtors. ) (Jointly Administered) DECLARATION OF ALEXANDRE ZYNGIER I, Alexandre Zyngier, hereby declare under penalty of perjury: 1. My name is Alexandre Zyngier. I am the Trustee of the Linc Chapter 11 Creditor Trust in Case No , In re Linc USA GP, et al. 2. On or about June 2, 2017, I authorized the filing of an objection to the Claim filed by Jones Oilfield SVC Supply, LLC (the Claimant or Jones Oilfield ). [Claim No. 132]. 3. I read the objection prior to its filing. To the best of my knowledge, the statements contained therein are true and correct. 4. Accordingly, I request that Jones Oilfield s Claim [Claim No. 132] be disallowed as an administrative priority expense, and deemed reclassified as a general unsecured claim in its entirety. 5. Pursuant to 28 U.S.C. 1746, I declare under penalty of perjury that the facts set forth in the foregoing declaration are true and correct to the best of my knowledge information and belief. Dated: June 2, 2017 /s/ Alexandre Zyngier Alexandre Zyngier, Trustee of the Linc Chapter 11 Creditor Trust 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtors federal tax identification number, are: Linc Energy Finance (USA), Inc. (6684); Linc USA GP (5234); Linc Energy Resources, Inc. (9613); Linc Gulf Coast Petroleum, Inc. (6790); Linc Energy Petroleum (Louisiana), LLC (1074); Linc Alaska Resources, LLC (2362); Paen Insula Holdings, LLC (1681); Linc Energy Petroleum (Wyoming), Inc. (9859); and Linc Energy Operations, Inc. (5806). 1

13 Case Document Filed in TXSB on 06/02/17 Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: ) Chapter 11 ) LINC USA GP, et al. 1 ) Case No (DRJ) ) Debtors. ) (Jointly Administered) ORDER GRANTING CHAPTER 11 CREDITOR TRUSTEE S OBJECTION TO CLAIM FILED BY JONES OILFIELD SVC SUPPLY, LLC (Relates to Claim No. 132) Upon consideration of the Chapter 11 Creditor Trustee s Objection to Claim Filed by Jones Oilfield SVC Supply, LLC (the Objection ), the Court concludes that notice of the Objection was sufficient and proper and that good cause exists to sustain the Objection. It is therefore ORDERED that Jones Oilfield SVC Supply, LLC s Claim [Claim No. 132] is hereby DISALLOWED as an administrative priority expense, and deemed reclassified as a general unsecured claim. SIGNED this day of, THE HONORABLE DAVID R. JONES, CHIEF UNITED STATES BANKRUPTCY JUDGE 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtors federal tax identification number, are: Linc Energy Finance (USA), Inc. (6684); Linc USA GP (5234); Linc Energy Resources, Inc. (9613); Linc Gulf Coast Petroleum, Inc. (6790); Linc Energy Petroleum (Louisiana), LLC (1074); Linc Alaska Resources, LLC (2362); Paen Insula Holdings, LLC (1681); Linc Energy Petroleum (Wyoming), Inc. (9859); and Linc Energy Operations, Inc. (5806). 1