Case Document 735 Filed in TXSB on 05/28/18 Page 1 of 8

Case 16-32689 Document 735 Filed in TXSB on 05/28/18 Page 1 of 8 IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION IN RE: LINC USA GP, et al., 1 Case No. 16-32689 (DRJ) Debtors. Chapter 11 ALEXANDRE ZYNGIER, AS TRUSTEE OF THE LINC CHAPTER 11 CREDITOR TRUST, Adversary Proceeding Plaintiff, v. Adv. No 18- (DRJ) RELIANT ENERGY, Defendant. COMPLAINT Alexandre Zyngier, in his capacity as Trustee of the Linc Chapter 11 Creditor Trust ( Plaintiff ), by his undersigned attorneys, files this complaint (the Complaint ) against Reliant Energy, (the Defendant ), and in support thereof alleges as follows: NATURE OF THE ACTION 1. Plaintiff seeks to avoid and recover from Defendant, or from any other person or entity for whose benefit the transfers were made, all preferential transfers of property that occurred during the ninety (90) day period prior to the commencement of the Chapter 11 cases of the Debtors pursuant to sections 547 and 550 of chapter 11 of title 11 of the United States Code (the Bankruptcy Code ). 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) (hereinafter, the Debtors ). 1

Case 16-32689 Document 735 Filed in TXSB on 05/28/18 Page 2 of 8 2. In addition, Plaintiff seeks to disallow, pursuant to sections 502(d) and (j) of the Bankruptcy Code, any claim that Defendant has filed or asserted against the Debtors or that has been scheduled for Defendant. Plaintiff does not waive but hereby reserves all of his rights and the rights of the Debtors to object to any such claim for any reason, including, but not limited to, any reason set forth in sections 502(a) through (j) of the Bankruptcy Code. JURISDICTION AND VENUE 3. This court has subject matter jurisdiction over this adversary proceeding pursuant to 28 U.S.C. 157 and 1334(b). 4. The statutory and legal predicates for the relief sought herein are sections 502, 547 and 550 of the Bankruptcy Code and Rules 3007 and 7001 of the Federal Rules of Bankruptcy Procedure (the Bankruptcy Rules ). 5. This adversary proceeding is a core proceeding to be heard and determined by the Court pursuant to 28 U.S.C. 157(b)(2) and the Court may enter final orders for matters contained herein. 6. Venue is proper in this Court pursuant to 28 U.S.C. 1409 because the Debtors Chapter 11 cases are pending in the Southern District of Texas. 7. Pursuant to Local Bankruptcy Rule 7008-1, Plaintiff states that he does consent to the entry of final orders or judgments by the Court if it is determined that the Court, absent consent of the parties, cannot enter final orders or judgments consistent with Article III of the United States Constitution. 2

Case 16-32689 Document 735 Filed in TXSB on 05/28/18 Page 3 of 8 PROCEDURAL BACKGROUND 8. On May 29, 2016 (the Petition Date ), the Debtors filed voluntary petitions for relief under chapter 11 of the Bankruptcy Code in the United States Bankruptcy Court for the Southern District of Texas, Houston Division (the Court ). 9. On February 13, 2017, the Court entered the Order Approving Debtors Disclosure Statement on a Final Basis and Confirming Debtors Joint Plan of Liquidation Under Chapter 11 of the Bankruptcy Code (Doc. No. 536) (the Confirmation Order ), which confirmed the Debtors Joint Plan of Liquidation Under Chapter 11 of the United States Bankruptcy Code (Doc. No. 482) (the Plan ). On April 3, 2017, the Plan became effective (the Effective Date ). 10. The Plan and Confirmation Order established the Trust, and appointed the Plaintiff as Trustee. Pursuant to the Confirmation Order and Section 5.10 of the Plan, the Debtors contributed certain Causes of Action to the Creditor Trust and the Trust was authorized to pursue such Causes of Action. THE PARTIES 11. Pursuant to the Plan, Confirmation Order and Amended Creditor Trustee Agreement, Plaintiff is authorized and has standing among other things, to commence, prosecute, and compromise this cause of action. 12. Upon information and belief, Defendant may be served at Reliant Energy, P.O. Box 3765, Houston, Texas 77253-3765 or through its Registered Agent, CT Corporation System at 1999 Bryan St., Ste. 900, Dallas, Texas 75201. 3

Case 16-32689 Document 735 Filed in TXSB on 05/28/18 Page 4 of 8 FACTUAL BACKGROUND 13. Upon information and belief, during the 90 day period prior to the Petition Date ( Preference Period ), the Debtors made transfers (the Avoidable Transfers ) to the Defendant on the dates, and in the amounts, listed on Exhibit 1, which is expressly incorporated by reference into the Complaint. 14. During the course of this proceeding, Plaintiff may learn of additional transfers made to Defendant during the Preference Period. It is Plaintiff s intention to avoid and recover all transfers made by the Debtors of an interest of the Debtors in property and to or for the benefit of Defendant or any other transferee. Plaintiff reserves his right to amend this original Complaint to include: (i) further information regarding the Transfer(s), (ii) additional transfers, (iii) modifications of and/or revision to Defendant s name, (iv) additional defendants, and/or (v) additional causes of action (e.g., but not exclusively, 11 U.S.C. 542, 544, 545, and/or 549) (collectively, the Amendments ), that may become known to Plaintiff at any time during this adversary proceeding, through formal discovery or otherwise, and for the Amendments to relate back to this original Complaint. COUNT I TO AVOID PREFERENTIAL TRANSFERS PURSUANT TO SECTION 547(b) OF THE BANKRUPTCY CODE 15. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 14 as if fully set forth herein. 16. Pursuant to section 547(b) of the Bankruptcy Code, a debtor in possession may avoid any transfer of an interest of the debtor in possession in property (a) to or for the benefit of a creditor, (b) for or on account of an antecedent debt owed by the debtor in possession before such transfer was made, (c) made while the debtor in possession was insolvent, (d) made on or within 90 days, or in certain circumstances within one year, before the filing of the petition, and 4

Case 16-32689 Document 735 Filed in TXSB on 05/28/18 Page 5 of 8 (e) that enables such creditor to receive more in satisfaction of its claims than it would receive in a case under chapter 7 of the Bankruptcy Code if the transfer had not been made. 17. During the 90 day period prior to the Commencement Date, the Debtors made the Avoidable Transfers to the Defendant on the dates, and in the amounts, listed on Exhibit 1. 18. Each of the Avoidable Transfers was made from an account of the Debtors and constituted a transfer of an interest in property of the transferring Debtors as identified in Exhibit 1. 19. The Avoidable Transfers were made to or for the benefit of Defendant, a creditor of the Debtors. 20. The Avoidable Transfers were for or on account of antecedent debts owed by the Debtors to Defendant before such transfers were made. 21. The Avoidable Transfers were made at a time when the Debtors were insolvent. Plaintiff is entitled to the presumption of insolvency for each Transfer made during the Preference Period pursuant to 11 U.S.C. 547(f). Each of the Avoidable Transfers was made during the Preference Period, as set forth in Exhibit 1. 22. The Avoidable Transfers enabled the Defendant to receive more in satisfaction of its claim against the Debtors than it would have received in a case under chapter 7 of the Bankruptcy Code had the payment not been made. As evidenced by the Debtors schedules filed in the underlying bankruptcy case as well as the proofs of claim that have been received to date, the Debtors liabilities exceed their assets to the point that unsecured creditors will not receive a full payout of their claims from the Debtors bankruptcy estate. 23. By reason of the foregoing, Plaintiff is entitled to an order and judgment under section 547 of the Bankruptcy Code avoiding the Avoidable Transfers. 5

Case 16-32689 Document 735 Filed in TXSB on 05/28/18 Page 6 of 8 COUNT II TO RECOVER AVOIDED TRANSFERS PURSUANT TO SECTION 550(a) OF THE BANKRUPTCY CODE 24. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 23 as if fully set forth herein. 25. Defendant was the initial transferee of the Avoidable Transfers or the immediate or mediate transferee of such initial transferee or the person for whose benefit the Avoidable Transfers were made. 26. Plaintiff is entitled to recover from Defendant the Avoidable Transfers pursuant to section 550(a) of the Bankruptcy Code, to the extent they are avoided pursuant to section 547 of the Bankruptcy Code, plus interest thereon to the date of payment and the costs of this action. COUNT III DISALLOWANCE OF CLAIMS PURSUANT TO SECTIONS 502(d) and (j) OF THE BANKRUPTCY CODE 27. Plaintiff repeats and realleges each and every allegation contained in paragraphs 1 through 26 as if fully set forth herein. 28. Defendant is a transferee of transfers avoidable under section 547 the Bankruptcy Code, which property is recoverable under section 550 of the Bankruptcy Code. 29. Defendant has not paid the amount of the Avoidable Transfers, or turned over such property, for which Defendant is liable under 11 U.S.C. 550. 30. Pursuant to 11 U.S.C. 502(d), any and all claims of Defendant and/or its assignee, against the Debtors chapter 11 estates must be disallowed until such time as Defendant pays to Plaintiff an amount equal to the aggregate amount of the Avoidable Transfers, plus interest thereon and costs. 31. Pursuant to 11 U.S.C. 502(j), any and all claims of Defendant, and/or its assignee, against the Debtors Chapter 11 estates previously allowed against the Debtors, must 6

Case 16-32689 Document 735 Filed in TXSB on 05/28/18 Page 7 of 8 be reconsidered and disallowed until such time as Defendant pays to Plaintiff an amount equal to the aggregate amount of the Avoidable Transfers. PRAYER FOR RELIEF WHEREFORE, Plaintiff respectfully requests that this Court enter judgment against Defendant granting the following relief: A. On Plaintiff s First and Second Claims for Relief, judgment in favor of Plaintiff and against Defendant, avoiding all of the Avoidable Transfers and directing Defendant to return to Plaintiff the amount of the Avoidable Transfers, pursuant to 11 U.S.C. 547(b) and 550(a), plus interest from the date of demand at the maximum legal rate and to the fullest extent allowed by applicable law, together with the costs and expenses of this action including, without limitation, attorneys fees; B. On Plaintiff s Third Claim for Relief, judgment in favor of Plaintiff and against Defendant disallowing any claims held or filed by Defendant against the Debtors until Defendant returns the Avoidable Transfers to Plaintiff pursuant to 11 U.S.C. 502(d) and (j); and C. Granting Plaintiff such other and further relief as this Court may deem just and proper. 7

Case 16-32689 Document 735 Filed in TXSB on 05/28/18 Page 8 of 8 Respectfully submitted, PORTER HEDGES LLP /s/ Eric M. English Eric M. English State Bar No. 24062714 Jonna N. Summers State Bar No. 24060649 1000 Main, 36 th Floor Houston, Texas 77002 Telephone: (713) 226-6000 Facsimile: (713) 226-6255 eenglish@porterhedges.com jsummers@porterhedges.com ATTORNEYS FOR ALEXANDRE ZYNGIER, THE TRUSTEE OF THE LINC CHAPTER 11 CREDITOR TRUST 8

Case 16-32689 Document 735-1 Filed in TXSB on 05/28/18 Page 1 of 2 In re Linc USA GP, et al. Preference Period 2/29/2016 to 5/29/2016 EXHIBIT 1 Name Invoice Number Invoice Date Payment Number Payment Date Payment Amount Preference Exposure RELIANT ENERGY 2092016 2/9/2016 979065 3/7/2016 $ 327.68 $ 327.68 2092016 2/9/2016 979065 3/7/2016 $ 109.22 $ 436.90 2092016 2/9/2016 979065 3/7/2016 $ 58.19 $ 495.09 2092016 2/9/2016 979065 3/7/2016 $ 249.65 $ 744.74 2092016 2/9/2016 979065 3/7/2016 $ 45.39 $ 790.13 2092016 2/9/2016 979065 3/7/2016 $ 45.39 $ 835.52 2092016 2/9/2016 979065 3/7/2016 $ 22.70 $ 858.22 2092016 2/9/2016 979065 3/7/2016 $ 22.70 $ 880.92 2092016 2/9/2016 979065 3/7/2016 $ 64.04 $ 944.96 2092016 2/9/2016 979065 3/7/2016 $ 14.23 $ 959.19 2092016 2/9/2016 979065 3/7/2016 $ 14.23 $ 973.42 2092016 2/9/2016 979065 3/7/2016 $ 166.92 $ 1,140.34 2092016 2/9/2016 979065 3/7/2016 $ 31.30 $ 1,171.64 2092016 2/9/2016 979065 3/7/2016 $ 4.90 $ 1,176.54 2092016 2/9/2016 979065 3/7/2016 $ 4.90 $ 1,181.44 2092016 2/9/2016 979065 3/7/2016 $ 1.69 $ 1,183.13 1,184.83 1,186.53 1,188.23 1,189.93 1,191.63 1,193.33 1,195.03 2092016 2/9/2016 979065 3/7/2016 $ 4,359.56 $ 5,554.59 2092016 2/9/2016 979065 3/7/2016 $ 1,264.39 $ 6,818.98 2092016 2/9/2016 979065 3/7/2016 $ 51.81 $ 6,870.79 2092016 2/9/2016 979065 3/7/2016 $ 51.81 $ 6,922.60 2092016 2/9/2016 979065 3/7/2016 $ 406.33 $ 7,328.93 2092016 2/9/2016 979065 3/7/2016 $ 1,706.56 $ 9,035.49 2092016 2/9/2016 979065 3/7/2016 $ 1,137.71 $ 10,173.20 2092016 2/9/2016 979065 3/7/2016 $ 500.00 $ 10,673.20 2092016 2/9/2016 979065 3/7/2016 $ 20.00 $ 10,693.20 2092016 2/9/2016 979065 3/7/2016 $ 599.35 $ 11,292.55 2092016 2/9/2016 979065 3/7/2016 $ 817.97 $ 12,110.52 2092016 2/9/2016 979065 3/7/2016 $ 467.41 $ 12,577.93 2092016 2/9/2016 979065 3/7/2016 $ 9.94 $ 12,587.87 2092016 2/9/2016 979065 3/7/2016 $ 2,742.37 $ 15,330.24 2092016 2/9/2016 979065 3/7/2016 $ 9.94 $ 15,340.18 2092016 2/9/2016 979065 3/7/2016 $ 10.05 $ 15,350.23 2092016 2/9/2016 979065 3/7/2016 $ 10.05 $ 15,360.28 2092016 2/9/2016 979065 3/7/2016 $ 1,436.97 $ 16,797.25 2092016 2/9/2016 979065 3/7/2016 $ 1,218.90 $ 18,016.15 2092016 2/9/2016 979065 3/7/2016 $ 2,813.36 $ 20,829.51 2092016 2/9/2016 979065 3/7/2016 $ 398.85 $ 21,228.36 2092016 2/9/2016 979065 3/7/2016 $ 9.94 $ 21,238.30 2092016 2/9/2016 979065 3/7/2016 $ 593.98 $ 21,832.28 2092016 2/9/2016 979065 3/7/2016 $ 2,766.58 $ 24,598.86 2092016 2/9/2016 979065 3/7/2016 $ 9.94 $ 24,608.80 126004186721 2/25/2016 979823 3/21/2016 $ 535.54 $ 25,144.34 118004744671 2/29/2016 979819 3/28/2016 $ 333.80 $ 25,478.14 118004744671 2/29/2016 979819 3/28/2016 $ 333.81 $ 25,811.95 118004744671 2/29/2016 979819 3/28/2016 $ 333.81 $ 26,145.76 121004555032 2/29/2016 979819 3/28/2016 $ 1,931.15 $ 28,076.91 121004555033 2/29/2016 979819 3/28/2016 $ 821.75 $ 28,898.66 121004555034 2/29/2016 979819 3/28/2016 $ 956.71 $ 29,855.37 125004360627 2/29/2016 979819 3/28/2016 $ 335.62 $ 30,190.99 125004360627 2/29/2016 979819 3/28/2016 $ 74.58 $ 30,265.57 125004360627 2/29/2016 979819 3/28/2016 $ 74.59 $ 30,340.16 Mar-16 3/16/2016 979025 4/18/2016 $ 362.02 $ 30,702.18 Mar-16 3/16/2016 979025 4/18/2016 $ 63.92 $ 30,766.10 Mar-16 3/16/2016 979025 4/18/2016 $ 63.93 $ 30,830.03 Mar-16 3/16/2016 979025 4/18/2016 $ 327.82 $ 31,157.85 Mar-16 3/16/2016 979025 4/18/2016 $ 109.27 $ 31,267.12 Mar-16 3/16/2016 979025 4/18/2016 $ 55.31 $ 31,322.43

Case 16-32689 Document 735-1 Filed in TXSB on 05/28/18 Page 2 of 2 In re Linc USA GP, et al. Preference Period 2/29/2016 to 5/29/2016 EXHIBIT 1 Name Invoice Number Invoice Date Payment Number Payment Date Payment Amount Preference Exposure Mar-16 3/16/2016 979025 4/18/2016 $ 4.73 $ 31,327.16 Mar-16 3/16/2016 979025 4/18/2016 $ 4.74 $ 31,331.90 Mar-16 3/16/2016 979025 4/18/2016 $ 1.57 $ 31,333.47 31,335.05 31,336.63 31,338.21 31,339.79 31,341.37 31,342.95 31,344.53 Mar-16 3/16/2016 979025 4/18/2016 $ 215.44 $ 31,559.97 Mar-16 3/16/2016 979025 4/18/2016 $ 39.17 $ 31,599.14 Mar-16 3/16/2016 979025 4/18/2016 $ 39.17 $ 31,638.31 Mar-16 3/16/2016 979025 4/18/2016 $ 19.59 $ 31,657.90 Mar-16 3/16/2016 979025 4/18/2016 $ 19.59 $ 31,677.49 Mar-16 3/16/2016 979025 4/18/2016 $ 9.27 $ 31,686.76 Mar-16 3/16/2016 979025 4/18/2016 $ 1,918.64 $ 33,605.40 Mar-16 3/16/2016 979025 4/18/2016 $ 9.27 $ 33,614.67 Mar-16 3/16/2016 979025 4/18/2016 $ 9.37 $ 33,624.04 Mar-16 3/16/2016 979025 4/18/2016 $ 9.37 $ 33,633.41 Mar-16 3/16/2016 979025 4/18/2016 $ 1,248.53 $ 34,881.94 Mar-16 3/16/2016 979025 4/18/2016 $ 1,075.57 $ 35,957.51 Mar-16 3/16/2016 979025 4/18/2016 $ 1,748.87 $ 37,706.38 Mar-16 3/16/2016 979025 4/18/2016 $ 9.27 $ 37,715.65 Mar-16 3/16/2016 979025 4/18/2016 $ 20.00 $ 37,735.65 Mar-16 3/16/2016 979025 4/18/2016 $ 326.29 $ 38,061.94 Mar-16 3/16/2016 979025 4/18/2016 $ 720.13 $ 38,782.07 Mar-16 3/16/2016 979025 4/18/2016 $ 411.51 $ 39,193.58 Mar-16 3/16/2016 979025 4/18/2016 $ 458.72 $ 39,652.30 Mar-16 3/16/2016 979025 4/18/2016 $ 2,210.99 $ 41,863.29 Mar-16 3/16/2016 979025 4/18/2016 $ 9.27 $ 41,872.56 Mar-16 3/16/2016 979025 4/18/2016 $ 361.62 $ 42,234.18 Mar-16 3/16/2016 979025 4/18/2016 $ 1,518.78 $ 43,752.96 Mar-16 3/16/2016 979025 4/18/2016 $ 1,012.52 $ 44,765.48 Mar-16 3/16/2016 979025 4/18/2016 $ 500.00 $ 45,265.48 Mar-16 3/16/2016 979025 4/18/2016 $ 159.82 $ 45,425.30 Mar-16 3/16/2016 979025 4/18/2016 $ 29.97 $ 45,455.27 Mar-16 3/16/2016 979025 4/18/2016 $ 3,830.68 $ 49,285.95 Mar-16 3/16/2016 979025 4/18/2016 $ 1,111.01 $ 50,396.96 Mar-16 3/16/2016 979025 4/18/2016 $ 45.20 $ 50,442.16 Mar-16 3/16/2016 979025 4/18/2016 $ 10.04 $ 50,452.20 Mar-16 3/16/2016 979025 4/18/2016 $ 10.05 $ 50,462.25