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SemGroup creditors object to disclosure
A producers' group says the reorganization plan is unconfirmable and misleading.
By ROD WALTON World Staff Writer
Published:
6/11/2009 2:29 AM
Last Modified: 6/11/2009 7:09 AM
A group of oil and gas producers owed millions by bankrupt SemGroup LP objected Wednesday to the Tulsa energy company's Chapter 11 disclosures about its reorganization plan, calling the proposal "patently unconfirmable" and misleading about how they will be repaid.
Two of three main creditor groups support the reorganization plan, but the Official Producers Committee objected to several SemGroup disclosures filed last month. SemGroup hopes to emerge from Chapter 11 as a publicly traded company focused on oil and gas storage and transportation.
"The disclosure statement fails to provide adequate information concerning the treatment of secured producer claims and incorrectly and misleadingly states the plan provides producers with payment in full," says the preliminary objection filed Wednesday in U.S. Bankruptcy Court in Wilmington, Del.
SemGroup filed for Chapter 11 protection last July after losing $2.4 billion in margin calls on failed oil futures positions. The Tulsa company also failed to pay producers between $400 million and $1 billion for oil and gas picked up before and during the bankruptcy period, according to reports.
The reorganization plan released May 15 projects that SemGroup will emerge in the third quarter as a public company offering $2.27 billion in equity and cash to creditors. The secured creditors, such as banks, hedge funds and some producers, would hold more than 90 percent of the company in the debt-for-equity swap, according to the plan.
Creditors will vote on
the plan this month. SemGroup has until Sept. 18 to gain creditor and court approval for the reorganization.
Reorganization documents indicate that producers could receive up to 100 percent of their claims. Overall, creditors would be paid back about 40 cents to 50 cents on the dollar, states the report.
However, the producers committee alleges that SemGroup's disclosure does not give enough detail about the company's assets and liabilities or adequate information about the plan's feasibility.
Producers from Oklahoma, Texas and other states argued their case for repayment last month in Delaware. Tulsa attorney Gary McDonald, who represents some of the producers, said the overlap of state laws was challenging but that Oklahoma's statutes were clear that the sale of product was "clear and distinct" from all other claims.
"One hundred percent recovery: That's what the statutes intended," he said in a talk at the Mid-Con Expo in Oklahoma City last month. "I think the prospects for full recovery are very good."
Rod Walton 581-8457
rod.walton@tulsaworld.com
By ROD WALTON World Staff Writer
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Some reader comments for this story were copied from "
Producer group objects to SemGroup reorganization plan
," which was published on 6/10/2009.
Report Comment
Avant Agape
, Avant (6/10/2009 9:37:41 PM)
So now the vultures are coming out and offering the producers $12,000 for a $40,000 claim because they think that we are finally going to see some of our oil money? What about all the money that the producers in Osage County lost since the BIA demanded that their royalty payments come from the producers instead of filing their administrative claims to receive them from Semcrude who is contractually required to pay the Tribe? The producers lost all the way around and still don't have their oil back or their money.
Report Comment
Cassius Dio
, (6/15/2009 7:49:12 AM)
The banks that extended the excessive credit to Semi should not be given the first place in line. The producers who did nothing wrong have to be placed ahead of the banks. As should be Semi’s other vendors.
The banks defense is probably based upon a 50 – 100 page terms of loan document, designed to protest the banks and deceive the borrower. These document should be void as a matter of public policy. (This type of document is what brought down the American economy)
The big issue here, which $895 an hour Freeh may have missed, is that the Semi position was correct in a huge short position. With crude over $140 the postion made good sense. Could it be that creditor banks somehow informed some predators banks of Semi’s over extended credit? With the creditor banks protected by their secured position and the predator bank itching to get Semi’s short position, an ironclad scheme could have been hatched by a few phone calls.
With other bankruptcy courts destroying the rights of car dealers and genuine secured creditors, it would appear that settled law means little, as the goniffs are in control , and the hard working honest people are getting pounded.
Report Comment
Cassius Dio
, (6/15/2009 9:21:21 AM)
Meant "protect the banks"
Report Comment
Tulsa World Staff Writer Rod Walton
, Bartlesville (6/10/2009 3:48:52 PM)
Trader,
You are correct. Kevin Foxx, Alex Stallings and Brent Cooper are now part of the adversial proceeding running parallel to the bankruptcy case. Pretrial conference is planned but no date set yet.
Report Comment
O&Gtrader
, ft. worth (6/10/2009 2:53:23 PM)
in a Feb 19th story, the TW published, "SemGroup and its unsecured creditors committee Wednesday sued co-founder and former CEO Tom Kivisto and accused him of using at least $362 million of the now-bankrupt company's money for his own oil trading efforts, to pay himself and a partner bonuses without oversight and to fund some of his personal investments."
Have some other execs' names been added to that lawsuit recently?
Report Comment
Warden
, (6/10/2009 1:18:25 PM)
After the way the innocent producers have been treated in this case, I find it difficult to understand how anyone would trust a successor to the original Semgroup and let that successor "transport and/or store" their oil.
Lots of small companies were irreperably harmed in this matter, and their only "mistake" was to have Semgroup transport their oil.
Report Comment
Warden
, (6/10/2009 2:58:32 PM)
Not to my knowledge, trader
Report Comment
Warden
, (6/10/2009 4:20:34 PM)
thanks for the update Rod
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