This daily APScans report covers all recent docket entries in the adversary proceedings brought by Official Committee of Unsecured Creditors, on behalf of the Chapter 11 estates of Pacific Energy Resources Ltd., et al. for recovery of avoidable transfers under Chapter 5 of the Bankruptcy Code, including preferential transfers under Section 547 (bankruptcy preferences).
Instructions: Click this link to for instructions on how to use APScans’ sorting/filtering features and use of docket links.
Pre-Applied Filters: The following filings are not included in the current "7 Day" APScan: certificates or affidavits of service, receipts for filing fees and other clerical matters.
Not For Individual Docket Monitoring: Pre-applied filters may eliminate important notices and certificates. A party to an adversary proceeding must not consider APScans to be a substitute for reviewing the docket of the proceeding in which it is a defendant.
Terms of Use: Use of APScans is subject to this website’s Terms of Use.This APScans is updated daily to cover filings made as of midnight on the previous day. This APScans covers filings ENTERED during the period from August 01, 2015 through September 29, 2015. .
| AP No. | Ent'd (Filed) | Filed by | Defendant | Cat. | Event | Pacific Energy Resources Ltd., et al APSCANS™ | |
|---|---|---|---|---|---|---|---|
| # | |||||||
| © 2011 Burbage & Weddell LLC All Rights Reserved. Use of APSCANS is subject to www.burbageweddell.com Terms of Use. APSCANS™ is a trademark of Burbage & Weddell LLC | |||||||
Related Materials:
Adversary Proceedings Overview
Lead Bankruptcy Case Name (Case Number): Pacific Energy Resources Ltd., et al (09-10785)
Bankruptcy Court District (Division): District of Delaware
Petition Date: March 9, 2009
Associated Cases: Pacific Energy Resources Ltd.; Petrocal Acquisition Corp.; Pacific Energy Alaska Holdings, LLC; Carneros Acquisition Corp; Pacific Energy Alaska Operating LLC; Carneros Energy, Inc.; and Gotland Oil, Inc.
Plaintiff: Official Committee of Unsecured Creditors, on behalf of the Chapter 11 estates of Pacific Energy Resources Ltd., et al.
Number of Proceedings: 57
When Filed: August 25, 2010 and August 26, 2010
Adversary Proceeding Judge: Chief U.S. Bankruptcy Judge Kevin J. Carey
Plaintiff's Counsel: Pepper Hamilton LLP through its attorneys Attorneys David B. Stratton, James C. Carignan, Michael J. Custer, John M. Schanne, Jr., Francis J. Lawall, Nina M. Varughese
Avoidance Period: The complaint identifies the preference period as the period from December 10, 2008 to March 9, 2009.
August 30, 2010 – The complaints have an interesting feature. With respect to each debtor, there is a specific allegation of the asset value and the amount of liabilities on the petition date and this allegation is carried back to the the beginning of the preference period. The following is a sample of this allegation:
As of the Petition Date, Debtor San Pedro Bay Pipeline Company had $4,710,182.60 in assets and $393,918,235.60 in liabilities. Upon information and belief, this balance of assets vs. liabilities was roughly the same during the Preference Period.
This is the type of allegation supporting insolvency that really should be included in all preference complaints. While we are not fans of motions to dismiss due to lack of specificity in pleading, if there is a question of insolvency it might be worth it to file the motion to dismiss for failure to make specific allegations related to insolvency in order to flush out a weakness in the plaintiff’s case on this point.
Instructions: Click this link to for instructions on how to use APScans’ sorting/filtering features and use of docket links.
Pre-Applied Filters: The following filings are not included in the current "7 Day" APScan: certificates or affidavits of service, receipts for filing fees and other clerical matters.
Not For Individual Docket Monitoring: Pre-applied filters may eliminate important notices and certificates. A party to an adversary proceeding must not consider APScans to be a substitute for reviewing the docket of the proceeding in which it is a defendant.
Terms of Use: Use of APScans is subject to this website’s Terms of Use.This is an unregistered version of APScans. The registered user version covers the entire history of these adversary proceedings. Click this link to become a registered user. Registration is free.
This APScans is updated daily. This APScans covers the period from August 01, 2015 through September 29, 2015.
| AP # | Doc. | Filed | Entered | Defendant | Category | Event | Pacific Energy Resources Ltd., et al APSCANS™ Docket-Text |
|---|---|---|---|---|---|---|---|
| © 2011 Burbage & Weddell LLC All Rights Reserved. Use of APSCANS is subject to www.burbageweddell.com Terms of Use. APSCANS™ is a trademark of Burbage & Weddell LLC |