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SemGroup mediation requested
By ROD WALTON World Staff Writer
Published:
8/28/2009 2:25 AM
Last Modified: 8/28/2009 3:13 AM
Complete coverage:
Read all the stories and documents related to the SemGroup collapse.
SemGroup LP's secured lenders offered oil and gas producers a chance to work out their financial impasse through a third party instead of federal appeals court, according to reports from a Thursday hearing in Delaware bankruptcy court.
The banks who hold billions in liens against the bankrupt Tulsa energy company said they hope that the Official Producers Committee will accept non-binding mediation to settle their dispute. The company's amended reorganization plan, filed earlier this week, offers as much as $253 million, including $43 million in new money, to producers who "opt in" to their settlement offer.
"We think we have made a generous proposal to the producers and we are willing to let somebody else look at to make that determination," Bank of America attorney Margot Schonholz told U.S. Bankruptcy Judge Brendan L. Shannon.
The producers committee, however, has taken its challenge to the Third Circuit U.S. Court of Appeals. The group appealed Shannon's ruling this summer that secured lenders, such as banks, have the priority status over unsecured parties such as oil and gas firms which sold product to SemGroup on credit prior to the bankruptcy.
Producers in Oklahoma, Texas and Kansas argued they are owed more than $400 million. The Oklahoma tab totals
close to $180 million, according to reports.
Bank of America is SemGroup's administrative agent through the bankruptcy and one of its primary creditors. The current reorganization plan, which faces a Sept. 16 confirmation hearing, calls for secured lenders to get 95 percent of the $2.26 billion offered in cash and equity from a post-bankruptcy SemGroup.
Producers, in turn, would get only about eight cents on the dollar for the money owed them, according to reports. Their side contends that Oklahoma law, for example, asserts a "constructive trust" that sets oil and gas proceeds aside from other company assets.
Oklahoma City attorney Steven Bugg, who represents some of the producers, said he has not seen the banks' mediation offer and cannot comment on it. The producers committee has asked Shannon to delay the confirmation hearing until the Third Circuit appeal is resolved.
SemGroup's management supports the call for mediation.
"The company welcomes the opportunity to participate in the mediation in any way that will be productive and result in a settlement with the producers," SemGroup spokesman Tom Becker said.
Shannon, for his part Thursday, seemed to warm to the idea of a third-party involvement to resolve the dispute between secured and unsecured creditors.
"We've had substantial success in a number of cases with judicial mediation," Shannon said. "I need to know whether the parties are interested."
Attorneys representing the Official Producers Committee Lawyers said they needed to talk to their clients before making a decision on the mediation offer. Oklahoma industry officials, such as Oklahoma Independent Petroleum Association President Mike Terry, have warned that millions owed to producers, royalty interest owners and others could force those smaller companies or individuals into their own bankruptcies.
SemGroup's amended reorganization plan also asked Shannon to postpone the confirmation hearing from Sept. 16 until Oct. 26. The company needs creditor and court approval before it can emerge from Chapter 11 protections and limitations.
SemGroup LP was forced to file for bankruptcy in July 2008 after losing at least $2.4 billion in margin calls on failed oil futures positions, according to reports. The company has sold its SemMaterials asphalt and SemFuel refined storage units and hopes to reorganize as a public entity focused on crude oil storage and transportation services.
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 "
SemGroup lender group seeks mediation with producers
," which was published on 8/27/2009.
Report Comment
Cassius Dio
, (8/27/2009 11:08:56 PM)
If Oklahoma law puts a prior claim in favor of oil suppliers ahead of other creditors, it would seem that no matter what contract a bank had with SemGroup, the Oklahoma has to prevail as the oil porducers were not a party to the contract and thus could not have thier Oklahoma given rights taken away from them by either the banks or SemGroup.
No wonder then B of A is putting more money on the table.
Report Comment
Just1Man
, (8/28/2009 7:29:51 AM)
Pay the little oil producers everything they are owed and then the giant banks can have whats left. That would be the right thing to do. But, when has the right thing been done when big money and little people are at odds?
Report Comment
ok producer
, (8/28/2009 9:50:47 AM)
The Appellate Court is very eager to expedite their decision about "is money for Oil and/or Gas part of the bankruptcy estate before or after the producers are paid". This now has both BOA and SemGroup running for any early settlement with the producers. SemGroup/BOA's new offer changes from their previous 8% offer to somewhere between 30% and 75% depending on how much Oil and/or Gas a producer sold during the last 20 days before bankruptcy.
The new offer gives 75% for Oil and/or Gas sold in the last 20 days mainly because the Judge said early in the trial that ALL Vendors will get 100% of what was sold to SemGroup during the last 20 days. The problem is, SemGroup is playing a game of disputing every single claim for items sold during the last 20 days so they can prevent paying what the Judge said they must pay, which ends up leaving more money for the main lending bank (BOA).
Very few producers will qualify for 75%, but most might get close to 40%. Yes 40% is more than 8%, but Oklahoma Law still says SemGroup must pay 100% of ALL Oil and/or Gas sold both BEFORE and DURING the last 20 days before bankruptcy.
I still say wait for the Appellate Courts ruling before confirming the reorganization plan, or set aside (out of BOA's money) the full amount owed to producers plus some (not some disputed and reduced amount), then wait for the Appellate Court to rule where the money really should go.
Report Comment
Hawktalk
, (8/28/2009 10:08:07 AM)
ok producer:
Every remaining division and every last stick of furniture should be sold off to make the producers whole. The producers made the company what it was.
Report Comment
Cassius Dio
, (8/28/2009 3:04:30 PM)
Hawktalk is correct. The producers made SemGroup a going concern, while the banks busted it.
The law has to go in favor of those who acted honorably, for example Clyde Touchstone, and come down hard on the goniffs that control banks and outfits like Aron.
What's doubly infuriating is the USG give-a-ways to the cronies.
BTW how many people know that Ben Bernanke, Lloyd Blankfein (Goldman Sachs CEO and the last say on Aron) and Barney Franks all belonged to some Harvard Club called the Winthrop House.
Crony helping crony is death to a free economy
Report Comment
ok producer
, (8/28/2009 5:02:58 PM)
It is true, without the producers, SemGroup would not have their base product (Oil and Gas) to purchase, transport, bill for storage, make other products, leverage, sell, trade, etc. They do need to make the producers whole, but I'm not sure they need to sell every thing to do that.
SemGroup has money to make the producers whole, they just want to give money that really belongs to the producers (per Oklahoma Law) to the banks before the Appellate Court has a chance to make a final ruling. The producers need to have their day in the Appellate Court before the incorrect reorganization plan is confirmed.
The current court is slowed by excessive court documents. Of todays twenty filings (not a busy day), half are producers protecting their 20 day claim (Schedule E) since SemGroup changed their schedules with a global dispute of every single 20 day claim that has been listed as "Not Disputed" in their previous filings for many months in the past. See Court Documents 5204 thru 5212 filed on 8/13/09. All this is draining money that really needs to go to the bankruptcy Creditors.
Report Comment
ok producer
, (8/28/2009 10:22:09 PM)
Sorry, I posted court Docket numbers too early. From 5 pm until almost 9 pm cst, the number of court dockets for today went from 20 to 65. 43 of these documents were producers filing to protect their 20 day claim (schedule E) because SemGroup is disputing every single 20 day claim that was listed as greater than zero dollars ($1 and up) and non-disputed prior to 8/13/09. There are thousands of 20 day claims with more than zero value that SemGroup is disputing.
Expect this filing of excessive court documents to continue until middle of next month unless SemGroup re-files their schedules to correctly list all 20 day claims, or The Honorable Brendan L. Shannon stops the global SemGroup dispute with some type of court order. This is just another example of SemGroup not doing "The Right Thing".
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