Case 12-36187 Document 2473 Filed in TXSB on 08/28/13 Page 1 of 4 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: ATP OIL & GAS CORPORATION, DEBTOR CHAPTER 11 CASE NO. 12-36187 JUDGE MARVIN ISGUR BLANCHARD CONTRACTORS, INC. AND REC MARINE LOGISTICS, LLC S EMERGENCY MOTION TO LIFT OR MODIFY THE AUTOMATIC STAY TO PERMIT FILING OF NOTICE OF LIS PENDENS NOW INTO COURT, through undersigned counsel, comes Blanchard Contractors, Inc. (hereinafter Blanchard Contractors ) and REC Marine Logistics, LLC (hereinafter REC Marine ), who hereby move this Honorable Court for relief from the Automatic Stay to file Notices of Pendency of Action (Lis Pendens) with regards to separate adversary proceedings filed by Blanchard Contractors and REC Marine related to certain of the debtors properties in which the Movants have asserted liens and privileges under the Louisiana Oil Well Lien Act, La.R.S. 9:4861, et. seq. ( LOWLA ). Complaints for Enforcement of Liens (the Adversary Proceedings ) were filed by Blanchard Contractors and REC Marine on August 23, 2013. The purpose of the Adversary Proceedings is to enforce Movants respective liens against certain of the Debtors properties, all as more fully set forth in the Adversary Proceedings. Under the Louisiana Oil Well Lien Act, a Notice of Lis Pendens must be filed in the mortgage records of the parish where the subject properties are located (or in the adjacent parish to the applicable offshore block) within thirty (30) days of the filing of an enforcement
Case 12-36187 Document 2473 Filed in TXSB on 08/28/13 Page 2 of 4 action in order to maintain a lien against third parties. Due to the time constraints imposed under LOWLA, Movants respectfully request expedited consideration of the instant Motion and would further request that the instant Motion be heard along with similar Motions filed by other parties in interest at the hearing scheduled for August 29, 2013. As noted in similar Motions filed by other creditors herein, it appears that an interim Order of this Court, dated July 9, 2013, already permits lienholders to file a Notice of Lis Pendens. If such is not the case, Blanchard Contractors and REC Marine respectfully submit that the filing of a Notice of Lis Pendens does not violate the Automatic Stay in favor of the Debtor pursuant to Section 362(e)(3) of the Bankruptcy Code. The legal authority supporting Movants position in this regard has been fully set out in Motions for Relief from the Automatic Stay filed by numerous other parties. In an effort to conserve judicial resources, Blanchard Contractors and REC Marine simply adopt, to the extent applicable, the legal arguments set forth in Rec. Doc. 2441, Rec. Doc. 2447, and Rec. Doc. 2356, as to why the filing of a Notice of Lis Pendens does not violate the Automatic Stay. Should the Court find that the Automatic Stay would be implicated by the filing of a Notice of Lis Pendens, Blanchard Contractors and REC Marine respectfully request an Order lifting or modifying the Automatic Stay to permit them to file such Notices in the appropriate parishes. Under Section 362(d) of the Bankruptcy Code, the Court shall grant relief from the Automatic Stay for cause including the lack of adequate protection of an interest in property. Courts have interpreted the language of Section 362(d)(1) to include a broad set of circumstances constituting cause for relief from a stay. See 2
Case 12-36187 Document 2473 Filed in TXSB on 08/28/13 Page 3 of 4 e.g. In Re Texas State Optical, Inc., 188 B.R. 552, 556 (Bankr. E.D. Tex. 1995). Courts have held that cause exists to lift the stay in order to allow creditors to maintain or perfect a security interest. See In Re 360 Networks (USA), Inc., 282 B.R. 56, 765 (Bankr. S.D.N.Y. 2001) (granting limited relief from the stay in order to file actions in state court in order to continue or enforce alleged liens against the debtors). Both Blanchard Contractors and REC Marine timely filed their Lien Affidavits and Notices of Perfection and timely instituted Adversary Proceedings to preserve their liens and privileges in accordance with LOWLA. As the LOWLA provides that the Movants must file their Notices of Lis Pendens within thirty (30) days from the filing of the Adversary Proceedings to preserve their liens and privileges, it is respectfully submitted that cause exists under Section 362(d)(1) of the Bankruptcy Code to allow Blanchard Contractors and REC Marine to file their Notices of Lis Pendens. Movants have taken all appropriate actions to maintain the perfection of their liens and privileges as allowed by the Court s prior Orders and required by applicable law. However, to the extent modification of the Automatic Stay may be required to take further action as required under LOWLA, the Movants respectfully request that this Court lift the Stay giving the Movants the authority to file their Notices of Lis Pendens. WHEREFORE, Blanchard Contractors, Inc. and REC Marine Logistics, LLC requests that the Court enter an Order granting the relief requested herein and for such other and further relief as may be just and proper. 3
Case 12-36187 Document 2473 Filed in TXSB on 08/28/13 Page 4 of 4 Respectfully submitted, _/s/ Salvador J. Pusateri SALVADOR J. PUSATERI (TX #24072867; LA #21036) KYLE A. KHOURY (LA Bar #33216) Appearing Pro Hac Vice JOHNSON, JOHNSON, BARRIOS & YACOUBIAN 701 Poydras Street, Suite 4700 New Orleans, LA 70139-7701 Telephone: (504) 528-3001 Facsimile: (504) 528-3030 Attorneys for Blanchard Contractors, Inc. and REC Marine Logistics, LLC CERTIFICATE OF SERVICE I HEREBY CERTIFY that on the 28 th day of August, 2013, a true and correct copy of the above and foregoing document was filed electronically with the Clerk of Court using the CM/ECF system and served upon all parties registered or otherwise entitled to receive electronic notices in this case pursuant to the Electronic Filing Procedures in this District. _/s/ Salvador J. Pusateri 4
Case 12-36187 Document 2473-1 Filed in TXSB on 08/28/13 Page 1 of 1 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: ATP OIL & GAS CORPORATION, DEBTOR CHAPTER 11 CASE NO. 12-36187 JUDGE MARVIN ISGUR ORDER GRANTING RELIEF FROM AUTOMATIC STAY On this day came for consideration Blanchard Contractors, Inc. and REC Marine Logistics, LLC s Emergency Motion to Lift or Modify the Automatic Stay to Permit Filing of Notice of Lis Pendens. After considering the Motion and any response thereto, the Court finds there is good cause to grant the relief sought therein. Accordingly, the Motion is GRANTED, and the automatic stay is lifted to allow Blanchard Contractors, Inc. and REC Marine Logistics, LLC to file their respective Notices of Pendency of Action (Lis Pendens) in accordance with the Louisiana Oil Well Lien Act to maintain and continue the perfection of their respective statutory liens and privileges. SO ORDERED on this day of, 2013. MARVIN ISGUR UNITED STATES BANKRUPTCY JUDGE