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In re:
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)
)
Chapter 11
Deadline for Objections: April i, 2009 at 4:00 p.m. prevailng Eastern time Hearing Date: AprilS, 2009 at 11:00 a.m. prevailng Eastern time
DEBTORS' MOTION FOR AN ORDER GRANTING AN EXTENSION OF TIME TO FILE SCHEDULES OF ASSETS AND LIABILITIES AN STATEMENTS OF FINANCIAL AFFAIRS
The above~captioned debtors and debtors in possession (collectively, the
"Debtors") hereby move the Cour for entr of an order granting the Debtors additional time
within which to fie certain Schedules and Statements (defined below), pursuant to Rule 1007(c)
of the Federal Rules of
1 007-1
(b).
In support of
Background
1. On March 9, 2009 (the "Petition Date"), the Debtors each fied voluntar
petitions for relief under chapter 11 of
possession of
their propert and are operating and managing their businesses, as debtors in
possession, pursuant to sections 1107 and 1108 of the Banptcy Code. No request for the
i The Debtors in these eases, along with the last four digits of each ofthe Debtors' federal tax identifcation
i Acquisition Corp. (6249); Pacific Energy Alaska Holdings, LLC (tax 1.D. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (7021); San Pedro Bay Pipeline Company (1234); Cameros Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The malng address for all of the Debtors is ILL W. Ocean Boulevard, Suite 1240, Long Beach, CA 90802.
number, are: Pacific Energy Resources Ltd. (3442); Petraea
91636-00 i
Unsecured
Creditors (the "Committee") was appointed by the United States Trustee on March 19,2009.
2. The Cour has jursdiction over this matter pursuant to 28 U.S.C. 1334
and 157. This is a core proceeding puruant to 28 U.S.C. 157(b)(2). The venue of
the Debtors'
chapter 1 I cases and this Motion is proper pursuant to 28 U.S.C. 1408 and 1409 and Local
Banptcy Rules.
3. The factual background relating to the Debtors' commencement of
these
chapter 11 cases are set forth in detail in the Declaration of Gerald a. Tywoniuk, Chief Financial
Offcer, in support of
Relief Reauested
4. Pursuant to Banptcy Rule 1007(b) and (c), a chapter 1 i debtor must
fie with the petition (or if
within 15 days thereafer), a schedule of assets and liabilities, a schedule of curent income and
expenditues, a schedule of executory contracts and unexpired leases, and a statement of
financial affairs (collectively, the "Schedules and Statements"). Because the Debtors fied the
Creditor List on the Petition Date, Banptcy Rule 1 007( c) requires the Debtors to fie their
Schedules and Statements within 15 days of
automatically extends the is day requirement to fie Schedules and Statements under 1007(c) in
a chapter 11 case, providing the debtor within thirt (30) days from the petition date, if: (1) the
debtor fies a list of its creditors with the petition, and (2) if the debtor has more than 200
91
636-001\DOCS_LA; 195163.1
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creditors. Both of these requirements have been satisfied in these cases, such that the Debtors
currently must file their Schedules and Statements on or before April
8, 2009.
seek entry of an order extending the date by which the Debtors must fie their Schedules and
Statements by an additional 20 days, :fom the expiration of
L.R. io07~1(b), or until April 28, 2009, without prejudice to the Debtors' rights to seek further
extensions if necessar.
6. The Debtors have over 1,100 creditors. Included in that number are
current employees, various creditors, landlords under leases, paries to executory contrcts, and
complexity of
Debtors' businesses, the Debtors will require additional time to complete the
Schedules and Statements. Specifically, the Debtors require an extension to assemble the
information necessar, including, among other things, reviewing their records to determine the
,
prepetition liabilties to each individual creditor as of
reviewing each of
extension, the accuracy ofthe Schedules and Statements that will be fied wil be greatly
enhanced.
7. The Debtors' employees and professionals are in the process of
assembling the information necessary to complete the Schedules and Statements. The Debtors,
however, have been unable to devote the resources necessary to complete the Schedules and
91636-001\DOCS_LA;19S163. i
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Statements due to the fact that their management and other personnel are spending a significant
amount of time addressing issues relating to, and the requirements of, operating as debtors in
possession, together with their normal day-to-day operations.
8. Based on the foregoing, the Debtors submit that the additional time to fie
this Motion has been given to the following paries or, in lieu
thereof, to their counsel, if known: (i) the United States Trustee; (ii) proposed counsel for the
Offcial Committee of Unsecured Creditors (ii) the prepetition and postpetition secured lenders'
respective counsel, and (iv) all paries in interest requesting notice under Banptcy Rule 2002.
In light of the natu of the relief
notice is required.
No Prior Request
10. No prior request for the relief sought herein has been made to this or any
other court.
9 1636-0
I \DOCS_LA:
I 95 i 63.1
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WHEREFORE, the Debtors respectflly request that the Cour enter an order,
granting an extension of time to fie the Schedules and Statements as set forth herein, and
granting such other and further relief as the Cour deems appropriate.
Dated: March 20, 2009
Facsimile: 310/652-400
Email: liones(gpszilaw.com
kmakowski~szilaw.com
(Proposed) Counsel for Debtor and Debtor in Possession, Pacific Energy Resources Ltd.
91
636-001\DOCS_LA: i 95163.1
-5-
In re: )
TO: (a) the Office of
Chapter 11
Debtors. ))
Deadline for Objections: April 1,2009 at 4:00 p.m. prevailing Eastern time Hearing Date: April 8, 2009 at 11 :00 a.m. prevailng Eastern time
NOTICE OF DEBTORS' MOTION FOR AN ORDER GRANTING AN EXTENSION OF TIME TO FILE SCHEDULES OF ASSETS AND LIABILITIES AND STATEMENTS OF FINANCIAL AFFAIRS
Delaware; (b) the creditors holding the thirty-five (35) largest unsecured claims against the Debtors' estates (on a consolidated basis); (c) the Debtors' pre-petition and post-petition lenders or their counsel and (d) all parties who have requested notice pursuant to Bankptcy Rule 2002
the United States Trustee for the District of
PLEASE TAKE NOTICE that on March 20, 2009, the debtors and debtors-inpossession (collectively, the "Debtors") in the above-captioned case have fied the attached
Debtors' Motionfor an Order Granting an Extension of
Liabilities and Statements of Financial Affairs (the "Motion") with the Clerk of the United States
Bankptcy Court for the District of Delaware. The Motion seeks to an extension of time to fie
schedules of assets and liabilities and statements of financial affairs in these chapter i 1 cases.
the Debtors' federal tax identification number, are: Pacific Energy Resources Ltd. (3442); Petrocal Acquisition Corp. (6249); Pacific Energy Alaska
i The Debtors in these cases, along with the last four digits of each of
Holdings, LLC (tax 1.0. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (702 i); San Pedro Bay Pipeline Company (1234); Cameros Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The the Debtors is ILL W. Ocean Boulevard, Suite 1240, Long Beach, CA 90802. mailing address for all of
Objections or other responses to the Motion, if any, must also be served so that
they are received not later than April
(proposed) counsel to the Debtors, (1) Pachulski Stang Ziehl & Jones LLP, 919 North Market
Street, 17th Floor, Wilmington, DE 19899-8705, Attn: Laura Davis Jones, Esq.; Fax: 302-652-
4400, e-mail: liones~pszilaw.com and (2) Pachulski Stang Ziehl & Jones LLP, 10100 Santa
Monica Blvd., 11 th Floor, Los Angeles, CA 90067-4100; Attn: Ira D. Kharasch, Esq; Fax: 310-
201-0760, e-mail: ikharash(ipszilaw.com; (b) counsel to the Lenders: Goldman Sachs (1)
Bingham McCutchen, 399 Park Avenue, New York, NY 10022, Attn: Jeffrey Sabin, Esq.; Fax:
LLP, 333 West Wacker Drive, Chicago, IL 60606-1285, Attn: Seth Jacobson, Esq.; Fax: 312407-8511, e-mail: seth.iacobson(iskadden.com and (c) the Office of
J. Caleb Boggs Federal Building, 844 N. King Street, Suite 2207, Lock Box 35, Wilmington,
Laura Davis Jones (DE Bar No. 2436) Ira D. Kharasch (CA Bar No. 109084) Scotta E. McFarland (DE Bar No. 4184, CA Bar No. 165391) Robert M. Saunders (CA Bar No. 226172) James E. O'Nel (DE Bar No. 4042)
Katheen P. Makowski (DE Bar No. 3648) 919 North Market Street, 17th Floor
JmtJ 21/t~l)
Email: Ijones(pszilaw.com
ikharasch(pszi1aw.com smcfarland~pszilaw.com
rsaunders~pszi law. com
ioneil~pszilaw.com
kmakowski(qpszilaw.com
(Proposed) Counsel for Debtor and Debtor in Possession Pacific Energy Resources Ltd.
68773.001 \DOCS_DE; 146244. i
In re: )
Chapter 1 1
Debtors. ))
)
Deadline for Objections: April 1,2009 at 4:00 p.m. prevailng Eastern time Hearing Date: AprilS, 2009 at 11:00 a.m. prevailng Eastern time
Financial
Affairs (the "Motion"),3 fied by the above-captioned debtors and debtors in possession
(collectively, the "Debtors"); the Cour has reviewed the Motion and finds that: (a) this
Cour has jursdiction over this matter pursuat to 28 V.S.C. 1334 and 157; (b) this is
a core proceeding pursuant to 28 D.S.C. 157; (c) that venue of
Motion is proper in this Distrct pursuant to 28 V.S.C. 1408 and 1409; and (d) the
legal and factual bases set fort in the Motion establish just cause for the relief granted
herein.
each of the Debtors' federal tax identification number, are: Pacific Energy Resources Ltd. (3442); Petrocal Acquisition Corp. (6249); Pacific Energy Alaska Holdings, LLC (tax I.D. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (7021); San Pedro Bay Pipeline Company (1234); Cameros Energy, Inc. the Debtors is III W. Ocean (9487); and Gotland Oil, Inc. (5463). The mailng address for all of Boulevard, Suite 1240, Long Beach, CA 90802. 3 Capitalized terms not otherwise defined herein shall have the meaning given them in the Motion.
2 The Debtors in these cases, along with the last four digits of
Statements required by Banptcy Rule 1007 (c) and DeL. Ban. L.R. 1007-1(b), shaH
be, and hereby is, extended by 20 days, for a total of 50 days from the Petition Date or
until April 28, 2009.
3. Such extension is without prejudice to the Debtors' right to seek
this Order.
Dated:
,2009
The Honorable Kevin 1. Carey
91 636-00
I \DOCS_LA
195163.1
In re: )
STATE OF DELAWARE )
) ss:
Debtors. ))
Pachulski Stang Ziehl & Jones LLP, attorneys for the Debtors in
the above-captioned action, and that on the 20th day of March, 2009 she caused a copy of the
following document(s) to be served upon the paries on the attached service lists in the manner
indicated:
Notice and Motion of Debtors' for Order Granting an Extension of Time to File Schedules of Assets and Liabilties and Statements of Financial Affairs
the Debtors' federal tax identification number, are: Pacific Energy Resources Ltd. (3442); Petrocal Acquisition Corp. (6249); Pacific Energy Alaska Holdings, LLC (tax I.D. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (7021); San Pedro Bay Pipeline Company (1234); Cameros
i The Debtors in these cases, along with the last four digits of each of Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The mailing address for all of
Filiberto Agusti, Esquire Steptoe and Johnson, LLP 13300 Connecticut Avenue, NW Washington, DC 20036
DOCS_DE: 146263. i
Pacific Energy Resources Ltd. 2002 Service List (with top 35) Case No. 09-10785
Document No. 145745
07 - Hand Delivery
Hand Delivery (United States Attorney) Ellen W. Slights, Esq. United States Attorney's Office District of Delaware
1007 N. Orange Street, Suite 700
Wilmington, DE 19801
Hand Delivery (Counsel for the Debtors and Debtors in Possession) Ian S. Fredericks, Esquire Skadden Arps, Slate, Meagher & Flom LLP One Rodney Square P.O. Box 636 Wilmington, DE 19899 Hand Delivery (Counsel for 1. AlOn & Company) Don A. Beskrone, Esquire Amanda M. Winfree, Esquire Ashby & Geddes, P.A.
500 Delaware Avenue, 8th Floor
((Proposed) Counsel for Debtors) Laura Davis Jones, Esquire James E. O'Neil, Esquire Kathleen P. Makowski, Esquire Pachulski Stang Ziehl & Jones LLP 919 North Market Street, 17th Floor P.O. Box 8705 Wilmington, DE 19899-8705
Interoffice Pouch to Los Angeles ((Proposed) Counsel for Debtors) Robert M. Saunders, Esquire Ira D. Kharasch, Esquire Scotta E. McFarland, Esquire Pachulski Stang Ziehl & Jones LLP
10100 Santa Monica Blvd., 11 th Floor
Wilmington, DE 19899
Hand Delivery (Counsel for Union Oil Company of California, a California Corporation) Norman M. Monhait, Esquire Rosenthal, Monhait & Goddess, P A
Citzens Bank Center, Suite 1401
Wilmington, DE 19801
Hand Delivery (Copy Service)
Parcels, Inc.
Washington, DC 20549
Washington, DC 20554
District Director Internal Revenue Service 31 Hopkins Plaza, Room 1150 Baltimore, MD 21201
Denver, CO 80202
Occidental Petroleum Barbara Zimmerman 111 West Ocean Blvd., Suite 800 Long Beach, CA 90802
2651 N. Starwood
Dallas, TX 75320-0822
Ste.410
Dallas, TX 75201
Houston, TX 77043-2739
AFCO Robert J. Ratner, Esquire 110 Wiliam Street, 29th Floor New York, NY 10038-3901
Attn: Adam Meyerowitz 2002 Summit Blvd, Suite 900 Atlanta, GA 30319
Anchorage, AK 99518
Bakersfield, CA 93311-1164
(Counsel for Union Oil Company of California, a California Corporation) Cabot Christianson, Esquire Christianson & Spraker 911 West 8th Avenue, Suite 201 Anchorage, AK 99501
Banptcy Coordinator
MMS / Denver Federal Center POBox 25165 Mail Stop 370B2 Denver, CO 80225
M5X 1 J2
Canada
Greenwich, CT 06830
E. Kathleen Shahan, Esquire U.S. Department of Justice 1100 L Street, NW Washington, D.C. 20005
Philadelphia, P A 19103