Case Document 162 Filed in TXSB on 11/07/18 Page 1 of 6

Transcription

1 Case Document 162 Filed in TXSB on 11/07/18 Page 1 of 6 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: Chapter 11 Francis Drilling Fluids, Ltd., et al., 1 Case No (MI) Debtors. (Jointly Administered) EXPEDITED APPLICATION OF GREENBERG TRAURIG, LLP FOR ALLOWANCE AND PAYMENT OF BI-WEEKLY FEES AND EXPENSES PURSUANT TO THE COURT S NOVEMBER 1, 2018 ORAL RULING MOVANT HAS REQUESTED AN EXPEDITED HEARING BE CONDUCTED ON THIS MATTER ON NOVEMBER 13, 2018 AT 3:30 PM IN COURTROOM 404, 4th FLOOR, UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS, 515 RUSK AVENUE, HOUSTON, TEXAS IF YOU OBJECT TO THE RELIEF REQUESTED, YOU MUST RESPOND IN WRITING, SPECIFICALLY ANSWERING EACH PARAGRAPH OF THIS PLEADING. UNLESS OTHERWISE DIRECTED BY THE COURT, YOU MUST FILE YOUR RESPONSE WITH THE CLERK OF THE BANKRUPTCY COURT WITHIN TWENTY-ONE DAYS FROM THE DATE YOU WERE SERVED WITH THIS PLEADING. YOU MUST SERVE A COPY OF YOUR RESPONSE ON THE PERSON WHO SENT YOU THE NOTICE; OTHERWISE THE COURT MAY TREAT THE PLEADING AS UNOPPOSED AND GRANT THE RELIEF REQUESTED. EXPEDITED RELIEF HAS BEEN REQUESTED. IF THE COURT CONSIDERS THE MOTION ON AN EXPEDITED 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. 1 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are as follows: Francis Drilling Fluids, Ltd. (0574); FDF Resources Holdings LLC (1956); and Francis Logistics LLC (9397). Additional information regarding these cases may be obtained on the website of the Debtors proposed claims and noticing agent at 1

2 Case Document 162 Filed in TXSB on 11/07/18 Page 2 of 6 TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE: Greenberg Traurig, LLP ( GT ), proposed counsel for the Official Committee of Unsecured Creditors (the Committee ), files this expedited application (the Application ) seeking: (1) the allowance of fees in the amount of $129, and expenses in the amount of $ for the period of October 19, 2018 through October 31, 2018 (the Period ). In support of the Application, GT respectfully submits the following: STATEMENT OF JURISDICTION 1. This Court has jurisdiction to hear this Application pursuant to the provisions of 28 U.S.C and 157. This proceeding involves the administration of the respective estates and is a core proceeding pursuant to 28 U.S.C. 157(b)(2)(A) and (B). 2. The predicates for the relief requested herein are the Court s oral ruling on at the conclusion of the November 1, 2018 interim hearing on the Debtors Emergency Motion for Final Order (I) Authorizing Limited Use of Cash Collateral, (II) Granting Adequate Protection to Prepetition Lenders Pursuant to 11 U.S.C. 105, 361, 362, 362, and 507, and Bankruptcy Rules 2002, 4001, and 9014, and Local Bankruptcy Rules (B) and , and (III) Modifying the Automatic Stay [Docket No. 21] (the Cash Collateral Motion ). PROCEDURAL HISTORY 3. On September 29, 2018 (the Petition Date ), each Debtor filed a voluntary petition for relief under Chapter 11 of Title 11 of the United States Code (the Bankruptcy Code ). 4. On October 1, 2018, the Court entered an order directing the joint administration of these cases [Docket No. 13]. The Debtors continue to be in possession of their property and are operating their businesses as debtors-in-possession pursuant to 11 U.S.C and

3 Case Document 162 Filed in TXSB on 11/07/18 Page 3 of 6 5. On October 17, 2018, the U.S. Trustee filed a Notice of Appointment of Official Committee of Unsecured Creditors [Docket No. 90] pursuant to 11 U.S.C On October 19, 2018, the Committee retained GT as its counsel in the chapter 11 cases. 7. On October 29, 2018, the Committee submitted its Application for Entry of an Order Authorizing the Retention and Employment of Greenberg Traurig, LLP as Counsel to the Committee [Docket No. 125] (the Employment Motion ). The Employment Motion remains pending and is set for hearing on Monday, November 19, 2018, at 9:30 a.m. CST. 8. On November 1, 2018, the Court issued its oral ruling on the Cash Collateral Motion and permitted the Committee Professionals to submit bi-weekly applications for compensation, to be funded and paid upon approval as an administrative expense. RELIEF REQUESTED 9. Pursuant to this Application, and in accordance with the Court s November 1, 2018 Ruling GT seeks approval of fees in the amount of $129,037.50, together with expenses in the amount of $137.74, for the Period. True and correct copies of GT s time records are attached as Exhibit A. Because GT s retention hearing is scheduled for November 19, 2018, GT further requests that, to the extent this Application is approved, that all requested fees and expenses are transmitted from the applicable debtor in possession bank account and held, in escrow, in the Debtors counsel Trust Account, to be released to GT upon entry of an order granting its retention application. EXPEDITED CONSIDERATION 10. Expedited consideration of this Application is necessary because the parties have been unable to agree to the terms of an interim cash collateral order memorializing the Court s 3

4 Case Document 162 Filed in TXSB on 11/07/18 Page 4 of 6 November 1, 2018 oral ruling or the terms of any subsequent cash collateral order. Because the Debtors ability to utilize cash is dependent on the entry of such orders, expedited consideration is necessary to adequately protect GT s ability to collect its fees in the event no order authorizing the use of cash collateral is entered at the continued hearing on the Cash Collateral Motion scheduled for November 13, Dated: November 7, 2018 Respectfully submitted, GREENBERG TRAURIG, LLP By: /s/ Karl Burrer Shari L. Heyen Texas State Bar No Karl Burrer Texas State Bar No HeyenS@gtlaw.com 1000 Louisiana St., Suite 1700 Houston, Texas Telephone: (713) Facsimile: (713) and - David B. Kurzweil Georgia State Bar No Admitted Pro Hac Vice Sean Gordon Texas Bar No Admitted Pro Hac Vice KurzweilD@gtlaw.com GordonSs@gtlaw.com Terminus Piedmont Avenue NE, Suite 2500 Atlanta, Georgia Telephone: (678) Facsimile: (678) Proposed Counsel to the Official Committee of Unsecured Creditors 4

5 Case Document 162 Filed in TXSB on 11/07/18 Page 5 of 6 CERTIFICATE OF ACCURACY I hereby certify that the facts and circumstances described in the above pleading giving rise to the expedited request for relief are true and correct to the best of my knowledge, information and belief. /s/ Sean Gordon. Sean Gordon 5

6 Case Document 162 Filed in TXSB on 11/07/18 Page 6 of 6 CERTIFICATE OF SERVICE The undersigned hereby certifies that on November 7, 2018, a true and correct copy of the foregoing was electronically filed with the Clerk of the United States Bankruptcy Court for the Southern District of Texas, and was served upon the parties eligible to receive notice through the Court s ECF facilities by electronic mail and was served on the parties listed on the Debtor s Master Service List via first class United States Mail. /s/ Karl Burrer Karl Burrer 6

7 Case Document Filed in TXSB on 11/07/18 Page 1 of 15

8 Case Document Filed in TXSB on 11/07/18 Page 2 of 15

9 Case Document Filed in TXSB on 11/07/18 Page 3 of 15

10 Case Document Filed in TXSB on 11/07/18 Page 4 of 15

11 Case Document Filed in TXSB on 11/07/18 Page 5 of 15

12 Case Document Filed in TXSB on 11/07/18 Page 6 of 15

13 Case Document Filed in TXSB on 11/07/18 Page 7 of 15

14 Case Document Filed in TXSB on 11/07/18 Page 8 of 15

15 Case Document Filed in TXSB on 11/07/18 Page 9 of 15

16 Case Document Filed in TXSB on 11/07/18 Page 10 of 15

17 Case Document Filed in TXSB on 11/07/18 Page 11 of 15

18 Case Document Filed in TXSB on 11/07/18 Page 12 of 15

19 Case Document Filed in TXSB on 11/07/18 Page 13 of 15

20 Case Document Filed in TXSB on 11/07/18 Page 14 of 15

21 Case Document Filed in TXSB on 11/07/18 Page 15 of 15

22 Case Document Filed in TXSB on 11/07/18 Page 1 of 2 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: Chapter 11 Francis Drilling Fluids, Ltd., et al., 2 Case No (MI) Debtors. (Jointly Administered) ORDER GRANTING EXPEDITED APPLICATION OF GREENBERG TRAURIG, LLP FOR ALLOWANCE AND PAYMENT OF BI-WEEKLY FEES AND EXPENSES PURSUANT TO THE COURT S NOVEMBER 1, 2018 ORAL RULING [DOCKET NO. 162] Upon consideration of the Expedited Application of Greenberg Traurig, LLP for Allowance and Payment of Bi-Weekly Fees and Expenses Pursuant to the Court s November 1, 2018 Oral Ruling [Docket No. 162] (the Application ) 3 filed by Greenberg Traurig, LLP, and this Court having reviewed the Application and the entire record in these cases and noting that any objections hereto are overruled and being otherwise duly advised, and good and sufficient notice of the Application and of the relief requested therein has been provided under the circumstances and that no other further notice is required and that good cause exists for granting the Application. It is therefore: ORDERED that the Application is granted; and it is further ORDERED that Greenberg Traurig LLP s fees in the amount of $129, and reimbursement of expenses in the amount of $137.74, for the period October 19, 2018 through and 2 The Debtors in these chapter 11 cases, along with the last four digits of each Debtor s federal tax identification number, are as follows: Francis Drilling Fluids, Ltd. (0574); FDF Resources Holdings LLC (1956); and Francis Logistics LLC (9397). Additional information regarding these cases may be obtained on the website of the Debtors proposed claims and noticing agent at The Debtors address is 100 Asma Blvd., Suite 151, Lafayette, LA Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Application.

23 Case Document Filed in TXSB on 11/07/18 Page 2 of 2 including October 31, 2018 are hereby allowed, subject to approval of Greenberg Traurig LLP s retention in this case, on an interim basis; and it is further ORDERED that the Debtors are authorized and directed to pay two (2) calendar days of entry of this Order the such allowed fees and expenses to Counsel for the Debtors to be maintained in such Counsel s trust account pending approval of Greenberg Traurig, LLP s retention application; and it is ORDERED that upon entry of an Order approving Greenberg Traurig, LLP s retention, Counsel for the Debtor shall pay such funds to Greenberg Traurig, LLP; and it is further ORDERED that Greenberg Traurig, LLP is granted an administrative expense claim for all allowed amounts awarded herein. Dated: November, 2018 HONORABLE MARVIN ISGUR UNITED STATES BANKRUPTCY JUDGE