The companies are among hundreds of producers and interest holders who got nothing after providing SemGroup LP with oil and gas last year. Their motion joins a Monday filing by the Official Producers Committee in the bankruptcy case, asking U.S. Bankruptcy Judge Brendan L. Shannon to hold off on a scheduled Sept. 16 confirmation hearing in Wilmington, Del.

The producers want to wait until the Third U.S. Circuit Court of Appeals decides whether Shannon erred in putting secured creditors such as banks ahead of producers.

SemGroup wants to emerge from bankruptcy in the third quarter, with most of its $2.26 billion in cash and equity going to secured lienholders.

The appeals court agreed Aug. 10 to hear the producers’ appeal. They expedited the motions schedule, but no resolution is expected until at least October — weeks after SemGroup’s confirmation hearing on reorganization.

Shannon could hear arguments on the requested delay Sept. 9.

“By agreeing to accept and then expedite the appeals, the Third Circuit recognized the potential unfairness to the producers if the plan were consummated before resolution of the pending appeals,” the motion filed Monday states. “A continuance is warranted to prevent this unfairness.”

Wednesday’s list of producers includes Oklahoma companies such as Samson Resources

State Attorney General Drew Edmondson has filed an amicus brief in the case, arguing that the Oklahoma Supreme Court, and not the bankruptcy court in Delaware, should rule on the state’s “constructive trust” law regarding product. Producers’ attorneys have contended that “constructive trust” sets aside revenue from product sales separately from other funds owed to creditors.

The companies who sold oil and gas to SemGroup on credit previously alleged they were owed up to $1 billion. The court claims eventually settled around $400 million, with more than $100 million owed to Oklahoma producers in interest claims alone.

SemGroup’s reorganization plan, if approved as is, would pay producers about 8 cents on the dollar, according to reports. Secured creditors, such as Bank of America, altogether would receive a 95 percent stake in the company when it emerges as a publicly traded entity, while unsecured holders get what is left.

Producers would have recouped only 4 cents on the dollar under SemGroup’s first plan, released in May. The company eventually filed an amended plan and disclosure statement after strong resistance from producers.

SemGroup filed for Chapter 11 bankruptcy protection July 2008 after noting more than $5 billion in liabilities. More than $2.4 billion of those company losses were attributed to margin calls on losing positions in the oil futures market, according to reports.

A court-appointed U.S. Bankruptcy Examiner, after a four-month probe, alleged that SemGroup co-founders Tom Kivisto and Gregory Wallace mismanaged the company, misled creditors and paid themselves millions in bonuses without management committee oversight. The Securities and Exchange Commission also is investigating the SemGroup collapse.