IN THE UNITED STATES BANKUPTCY COURT

In re: )

FOR THE DISTRICT OF DELAWARE

Chapter 11

PACIFIC ENERGY RESOURCES LTD., et al., 1 )

)
)

Debtors. )

Case No. 09-10785(KJC) (Jointly Administered)

Objection Deadline: March 17,2010 at 4:00 p.m. EST Hearing Date: March 24, 2010 at 2:30 p.m. EST

DEBTORS' THIRD OMNIBUS OBJECTION (SUBSTANTIVE) TO CERTAIN CLAIMS (A) FOR WHICH THE DEBTORS HAVE NO LIABILITY; AND (B) WHICH ARE OVERSTATED AND SHOULD BE REDUCED
The above-captioned debtors and debtors in possession (the "Debtors"), by and through

their counsel, hereby fie the Debtors' Third Omnibus Objection (Substantive) to Certain Claims
(a) for Which the Debtors Have No Liabilty; and (b) Which Are Overstated and Should Be

Reduced (the "Third Omnibus Objection"). Pursuant to the Third Omnibus Objection, the
Debtors seek (a) to disallow those fifty-four (54) claims set forth on Exhibits A and B hereto (the

"No Liabilty Claims") because there is no basis for the No Liabilty Claims in the Debtors'
books and records (the "Books and Records") for the reasons set forth below and on Exhibits A
and B, and (b) to reduce the amount of

the eight (8) claims listed on Exhibit C hereto (the

"Reduce and Allow Claims") and to allow the Reduce and Allow Claims in the reduced amount
because the claimed amounts of the Reduce and Allow Claims do not agree with the Books and

1 The Debtors in these cases, along with the last four digits of each of the Debtors' federal tax identification number, are: Pacific Energy Resources Ltd. (3442); Petrocal Acquisition Corp. (6249); Pacific Energy Alaska Holdings,

LLC (tax J.D. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (7021); Cameros Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The mailng address for all of the Debtors is 111 W. Ocean Boulevard, Suite 1240, Long Beach, CA 90802.
68773-002\DOCS_LA:215929.2

Records for the reasons set fort below and on Exhibit C. The facts and circumstances
supporting the Third Omnibus Objection are set forth below, in the exhibits hereto, and in the
Declaration of Jennifer Kuritz in Support of

the Debtors' Third Omnibus Objection (Substantive)

to Certain Claims (a) for Which the Debtors Have No Liabilty; and (b) Which Are Overstated

and Should Be Reduced (the "Kurtz Declaration"). In fuher support ofthe Thrd Omnibus
Objection, the Debtors state as follows:

Jurisdiction
1. This Court has jurisdiction over this Third Omnibus Objection pursuant to

28 U.S.C. 157 and 1334. This matter is a core proceeding pursuant to 28 U.S.C. 157(b)(2).
Venue is proper pursuant to 28 U.S.C. 1408 and 1409.
2. The statutory bases for the relief requested herein are sections 105(a) and

502(b) of

title 11, United States Code (the "Banptcy Code"), Rules 3001 and 3007 of

the

Federal Rules of Banptcy Procedure (the "Banptcy Rules") and DeL. Bank. L.R. 3007-1.

Backeround
3. On March 9, 2009 (the "Petition Date"), the Debtors commenced these
cases by filing voluntar petitions for relief

under chapter i 1 the Banptcy Code.

their property and have

4. The Debtors have continued in possession of

continued to operate and manage their business as debtors in possession pursuat to sections
1107(a) and 1108 of

the Bankptcy Code. No request has been made for the appointment of a

trstee or an examiner in these cases.

5. The Offce of the United States Trustee appointed an Official Committee

of

Unsecured Creditors (the "Committee") on March 19,2009.

68773-002\DOCS_LA:215929.2 2

6. On May 5, 2009, the Court entered the Order (A) Fixing the Procedures
and Deadlines to File Proofs of Claim, (B) Approving the Form and Manner of Notice of

Bar

Dates, and (C) Granting Related Relief (Docket No. 277) ("Bar Date Order"). The Bar Date
Order established the bar dates of (i) June 23, 2009 for claims arising prior to the Petition Date,

which includes administrative expenses against the Debtors' estates arising under Banptcy
Code 503(b)(9), and (ii) September 8, 2009 for claims of

any Governental Unit arising

before the Petition Date.

7. On May 9, 2009, the Debtors' claims and noticing agent served (i) a

"Notice of Bar Date for Filng Proofs of Claim" that was approved by the Cour in the Bar Date
Order, and (ii) a proof of claim form on all paries listed on the Debtors' creditor matrix.
(Affdavit of

Service, fied May 14,2009 at Docket No. 308.)

The Obiection and Reauest for Relief

8. Debtors seek (a) to disallow the No Liabilty Claims set forth on Exhibits

A and B hereto because there is no basis for the No Liabilty Claims in the Debtors' books and
records (the "Books and Records") for the reasons set forth below and on Exhibits A and B, and
(b) to reduce the amount of

the Reduce and Allow Claims and to allow such claims in the

reduced amount because the claimed amounts of the Reduce and Allow Claims do not agree with

the Books and Records for the reasons set forth below and on Exhbit C.

Basis for Relief

9. Section 502 of

the Bankuptcy Code, and other applicable non-banptcy

law set forth below, provide the bases for the relief sought in this Third Omnibus Objection.

Section S02(b) states in relevant par that:

68773-002\DOCS_LA:2 i 5929.2 3

(T)he cour, afer notice and a hearg, shall determine the amount
the United States as of the date of the filing of the petition, and shall allow such claim in such amount, of (a) claim in lawfl curency of

except to the extent that -

(1) such clai is unenforceable against the debtor or

the debtor, under any agreement or applicable law for a reason other than because such claim is contingent or unmatured
propert of

11 U.S.C. 502(b).
10. For the reasons set forth in detail below, each of

the No Liabilty Claims is

unenforceable against the Debtors under applicable law and should therefore be disallowed and

the Reduce and Allow Claims are unenforceable against the Debtors in the claimed amounts and
should be reduced in amount and allowed in the reduced amount.
A. The No Liabilty Claims
11. The Debtors object to the fort-nine (49) of

No Liabilty Claims
the claims is filed

(Redundant) set fort on Exhibit A attached hereto on the grounds that each of

against the wrong Debtor and is redundant of another claim fied by the same claimant against
the correct Debtor. Based upon a dilgent review of

the No Liabilty Claims (Redundant) and the

the Debtor against

Books and Records, the Debtors found no evidence to support the liabilty of

whom the No Liabilty Claims listed on Exhibit A were fied. Under any applicable law, a
claimant is entitled to only one recovery for a claim. Thus, if there are two proofs of claim fied
against two different debtors covering the same claim and there is no basis for the claim against

one of the debtors, the claim fied against the incorrect debtor must be disallowed. In order to
prevent a double recovery by the claimants who filed the claims listed on Exhibit A, the Debtors
object to forty-nine (49) claims listed in Exhibit A and request that each of

these redundant No

Liabilty Claims be disallowed. If the Cour grants this relief, each claimant listed on Exhibit A
68773-002\DOCS_LA:21

5929.2 4

wil stil hold the claim it fied against the correct Debtor. The Debtors reserve the right to object

to the claims filed against the correct Debtors on any grounds.

12. The Debtors also object to the five (5) No Liabilty Claims (Misc.) listed

on Exhibit B hereto for the following reasons:

a. Claim No. 342 fied by Alfredo V. Bahena should be disallowed

because Cameros Energy, Inc. issued the claimant a check for the full amount of

the claim in

2005. After the check was issued, the assets of Carneros Energy, Inc. were sold and all accounts were closed. In 2009, the claimant contacted the Debtors and stated that, although the check had

been received, due to a divorce, the check had been lost. Caneros Energy, Inc, by delivery of
check, satisfied its obligation to the claimant and, therefore, the claim should be disallowed.
b. Claim No. 231 fied by Kimray Oil & Gas and Claim No. 262 fied

by Black Gold Pump & Supply should be disallowed because they are both based on invoices for

charges incurred after the property to which the charges relate had been sold to a third pary.
These claims should be asserted against the purchasers of

the properties.

c. Claim no. 402 fied by David Jon Donkel for amounts due as a

royalty should be disallowed because a dilgent search of

the Books and Records yielded no

evidence that the claimant was a royalty owner in any of the Debtors' oil and gas property nor
any evidence of any other obligation to the claimant.
d. Claim No. 490 fied by Pitney Bowes Global Financial Services

should be disallowed because, based upon a review of the claim and the Books and Records, the
contract upon which the claim is based is not a contract with any of the Debtors.
B. The Reduce and Allow Claims

68773-002\DOCS_LA:iI5929.2 5

13. The Debtors object to the Reduce and Allow Claims on Exhbit C hereto

for the reasons set forth below:

a. Claim No. 394 fied by Alaska Communication Systems, Claim

No. 417 fied by Greenberg Traw'ig, LLP, and Claim No. 24 fied by M.O. Dion & Sons, Inc.
should be reduced by the amounts shown in Exhibit C because each of these Reduce and Allow

Claims contains postpetition charges that were paid in the Debtors ordinar course of business.
b. Claim No. 16 filed by Long Beach Hose & Coupling Co., Inc.,

Claim No. 167 fied by Nixon EGI Equipment Co. and Claim No 300 fied by Thorco Holdings,
LLC should be reduced in the amounts shown in Exhibit C hereto because these Reduce and
Allow Claims include sales tax and the Debtors were exempt from the payment of sales taxes. The claims should be allowed in the modified amount set forth on Exhibit C.
c. Claim No. 413 fied by Baker-Cal Ventura, L.P. should be reduced

and allowed in the amount shown as the modified amount on Exhibit C because after a dilgent
review of the Books and Records, the Debtors found no evidence that any amount above
$6,376.59 is due to this claimant.
d. Claim No. 211 fied by Cal AccessAccount should be reduced and

allowed in the amount of $3,554.96 because of an agreement between the Debtors and Cal

AccessAccount that the claimant would reduce the amount of interest it was seeking due to
errors in its handling of the account.
14. The Debtors agree with the reduced amounts of

the claims as set forth

above and are seeking an order allowing the Reduce and Allow Claims in the reduced amount.

68773-002\DOCS_LA:215929.2

Reservation of Ri!!hts
15. If

this Third Omnibus Objection is withdrawn or denied, in whole or in

part, The Debtors hereby reserve the right to object in the futue to any of

the No Liabilty and

Reduce and Allow Claims for which the relief

requested herein in not granted on any additional

ground, and to amend, modify and/or supplement the Third Omnibus Objection as may be
necessar and to the extent provided by DeL. Ban. L. R. 3007-1. In addition, the filing of

the

Third Omnibus Objection is not intended to limit the Debtors' abilty to fie futue objections to
any claims that have been or may subsequently be fied in these cases, on the grounds set forth
herein or any other appropriate grounds.
16. Furher, notwthstanding anything contained in this Third Omnibus

Objection or the attached Exhbits A-C, nothing herein shall be construed as a waiver of any
rights that the Debtors or the estates may have (a) to bring avoidance actions under the applicable
sections of

the Banptcy Code, including, but not limited to, 11 U.S.C. 547, against the

holders of claims subject to this Third Omnibus Objection, or (b) to exercise their right of setoff
against the holders of such claims relating to such avoidance actions.
Statement of Compliance with DeL. Bankr. L.R. 3007-1
17. In compliance with DeL. Ban. L.R. 3007-1 (e)(i)

(E), the Debtors and their

counsel submit that the Thid Omnibus Objection complies with DeL. Ban. L.R. 3007-1.

Reauest for Entr of Final Judlment

18. The Debtors request that the Court, pursuant to Rule 54(b) of

the Federal

Rules of Civil Procedure, made applicable in a contested matter by Banptcy Rules 7054 and

68773-002\DOCS_LA:215929.2

9014, direct entr of a final judgment with respect to the Third Omnibus Objection as to which
relief is entered by any Order on the Third Omnibus Objection.

Notice
19. The Debtors have served the Third Omnibus Objection on: (i) the U.S.

Trustee; (ii) all parties who have requested notice pursuant to DeL. Ban. L.R. 2002-1; and (iii)
the claimants set forth on Exhibits A-C. The Debtors submit that notice of

the Third Omnibus

Objection is suffcient under Banptcy Rule 3007, and the Local Banruptcy Rules, and that

no fuer or other notice is necessar.

WHREFORE, for the reasons set fort above, the Debtors request the entry of
an order disallowing the No Liabilty Claims set forth on Exhibits A and B and reducing and
allowing in the reduced amounts the Reduce and Allow Claims set forth on Exhibit C.

Dated: February f) 2010

P ACHULSKI STANG ZIEHL & JONES LLP

Ira D. Kharasc (CA Bar No.1 090 4) Maxim B. Litvak (CA Bar No. 215852) James E. O'Neil (Bar No. 4042) Scotta E. McFarland (Bar No. 4184) 919 North Market Street, 17th Floor P.O. Box 8705 Wilmington, DE 19899-8705
Telephone: 302/652-4100

Facsimile: 310/652-4400
Email: ikharasch(fpszjlaw.com

mlitvak~pszylaw.com joneil~pszyjlaw.com smcfarland~pszjlaw.com

Counsel for Debtors and Debtors in Possession
68773-02\DOCS _LA:2 i 5929.2

EXHBIT SUMMARY SHEET

Exhibit A - No Liabilty Claims (Redundant)

Exhibit B No Liabilty Claims (Misc.)

Exhibit C Reduce and Allow Claims

68773-002\DOCS_LA:215929.2

.1:

IN THE UNITED STATES BANKRUPTCY COURT

) PACIFIC ENERGY RESOURCES LTD., et at., 1 )

In re: )

FOR THE DISTRICT OF DELA WARE

Chapter 11

Debtors. )
)

Case No. 09-10785(KJC) (Jointly Administered)

Objection

Deadline: March 17,2010 at 4:00 p.m. EST Hearing Date: March 24, 2010 at 2:30 p.m. EST

NOTICE OF DEBTORS' THIRD OMNIBUS OBJECTION (SUBSTANTIVE) TO CERTAIN CLAIMS (A) FOR WHICH THE DEBTORS HAVE NO LIABILITY;

AND (B) WHCH AR OVERSTATED AND SHOULD BE REDUCED

debtors and debtors in possession (the "Debtors") object
title 11, United

The above-captioned

(the "Third Omnbus Objection") pursuant to sections 105(a) and 502(b) of

States Code, Rules 3001 and 3007 of

the Federal Rules of

Banptcy Procedure and DeL. Bank.

L.R. 3007-1 to those certain claims listed on Exhibits A and B attached to the Third Omnibus Objection on the basis that the Debtors are not liable for such claims and to the claims listed on Exhibit C attached to the Third Omnibus Objection because the claims are overstated and should
be reduced and allowed in the reduced amount.

Objections and other responses to the relief requested in the Third Omnibus
Objection, if any, must be in writing and be filed with the Banptcy Cour no later than 4:00

p.m. Eastern Time on March 17,2010.

1 The Debtors in these cases, along with the last four digits of

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); Cameros Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The mailing address for all of the Debtors is 111 W.
Ocean Boulevard, Suite 1240, Long Beach, CA 90802.
68773-002\DOCS _LA:215929.2

Any objections or other responses to the Third Omnibus Objection, if any, must

also be served, so that they are received not later than March 17,2010 at 4:00 p.m. Eastern
Time, upon: (i) the Debtors' counsel, (A) Pachulski Stang Ziehl & Jones LLP, 10100 Santa Monica Blvd., 11 th Floor, Los Angeles, California 90067-4100, Attn: Scott E. McFarland
(email: smcfarland~pszjlaw.com) and (B) Pachulski Stang Ziehl & Jones LLP, 919 N. Market

St., 17th Floor, Wilmington, Delaware 19801, Attn: James A. O'Neil (email:
joneil~pszjlaw.com); and (ii) counsel to the Offcial Committee of

Unsecured Creditors (the

"Committee"): Steptoe & Johnson, 1330 Connecticut Ave., N.W., Washington, DC 20036, Att:

Fil Agusti (emai1: fagusti~steptoe.com).

A HEARNG ON THE TmRD OMNIBUS OBJECTION (THE "CLAIS

HEARNG") WILL BE HELD BEFORE THE HONORALE KEVIN J. CAREY, CHIEF

UNITED STATES BANKRUPTCY JUDGE, 824 MARKT STREET, 5TH FLOOR,
COURTROOM 5, WILMINGTON, DELAWARE 19801, ON MARCH 24, 2010 AT 2:30
P.M., ET. The Claims Hearing may be continued from time to time upon written notice to you

or oral announcement in Cour.

If you fie a response to the Third

Omnibus Objection, you should be prepared to

argue that response at the Claim Hearng. You need not appear at the Claims Hearing if you do
not oppose the relief requested in the Third Omnibus Objection.

IF YOU FAIL TO RESPOND IN ACCORDANCE WITH THIS NOTICE,

THE COnRT MAY GRANT THE RELIEF DEMANDED BY THE TmRD OMNIBUS

OBJECTION WITHOUT FURTHER NOTICE OR HEARIG.

Each claimant who has fied a claim subject to the. Third Omnibus Objection is

68773-002\DOCS_LA:215929.2 2

receiving a copy of

the Third Omnibus Objection. Each claimant should read the Third Onuibus

Objection, which describes the grounds for the objection to each claim set fort therein, and
should review the exhibits attached thereto, which lists all claims subject to the Third Omnibus
Objection.
Any response fied with the Cour must contain at a minimum the following:
a. a caption setting forth the name of the Cour, the names of

the Debtors, the

case number and the title of

this Third Omnibus Objection;

the claimant and description of the basis for the amount of

b. the name of

the

claim;
c. a concise statement setting forth the reasons why the claim should not be

disallowed or reduced for the reasons set forth in the Third Omnibus Objection, including, but

not limited to, the specific factual and legal basis upon which the claimant wil rely in opposing
the Third Omnibus Objection;
d. all documentation or other evidence of the claim, to the extent not

included with the proof of claim previously filed with the Banptcy Cour, upon which the

claimant wil rely in opposing the Third Omnibus Objection at the Claims Hearing; and
e. the name, address, and telephone number of

the person (who may be the

claimant or the claimant's legal representative) possessing ultimate authority to reconcile, settle
or otherwise resolve the claim on behalf of the claimant.

Questions about the Third Omnibus Objection or requests for additional

information about the proposed disposition of claims should be directed to counsel for the

Debtors at the address or telephone number set fort below.

68773-002\DOCS_LA:21S929.2 3

The Debtors reserve the right to object in the futue to any of

the proofs of claim

which are the subject of

this Third Omnbus Objection on any fuher or additional grounds to

the extent provided in DeL. Ban. L. R. 3007-1. Separate notice will be made and a separate
hearing will be scheduled for any such objection.

Dated: February~2010

U f:1JgIra D. Kharasch (CA Bar No.1 09084) Maxim B. Litvak (CA Bar No. 215852) James E. O'Neil (Bar No. 4042) Scotta E. McFarland (Bar No. 4184) 919 North Market Street, 17th Floor P.O. Box 8705 Wilmington, DE 19899-8705
Telephone: 302/652-4100

P ACHULSKI STANG ZIEHL & JONES LLP

Facsimile: 310/652-4400
Email: ikharasch~pszjlaw.com

miitvak~pszyjlaw.com
joneil~pszyj law.

com

smcfarland~pszjlaw.com
Counsel for Debtors and Debtors in Possession

68773-002\DOCS_LA:215929.2

Exhibit A
(No Liabiltv Claims/Redundant)

68773-002\DOCS _ LA:2 i 5929.2

No Liabilty Objection

Name of Claimant

Claim Number

Claim Amount

Reason for Dissallowance

Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 360 with the correct debtor. Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 291 with the correct debtor. Redundant. Claim fied for the wrong debtor. Creditor filed claim no. 291 with the correct debtor. Redundant. Claim filed for the wrong debtor. Creditor filed claim

Bolt, Lois

359

78.52

Buraess. Greaorv S

270

280.70

Buraess, Greaorv S

278

280.70

Buraess, Jason & Janet

269

280.70

no. 290 with the correct debtor.

Buraess, Jason & Janet

280

280.70

Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 290 with the correct debtor.

Redundant. Claim fied for the wrong debtor. Creditor filed claim
Bun:iess, Jeffrey L

275

561 .45

no. 288 with the correct debtor.

Redundant. Claim filed for the wrong debtor. Creditor filed claim
Buraess, Jeffrev L

286

561.45

no. 288 with the correct debtor.

Burr, Pease & Kurt, Inc.

276

423.60

Redundant. Claim filed for the wrong debtor. Creditor fied claim no. 295 with the correct debtor. Redundant. Claim filed for the wrong debtor. Creditor filed claim

Burr, Pease & Kurt, Inc.

285

423.60

no. 295 with the correct debtor.

Redundant. Claim filed for the wrong debtor. Creditor filed claim
Coli, Inc.

287

561.45

no. 277 with the correct debtor.

Cook Inlet Pice Line Comcany

407

3,761,083.60

Redundant. Claim filed for the wrong debtor. Creditor fied claim no. 406 with the correct debtor. Redundant. Claim filed .for the
wrong debtor. Creditor filed claim

Coordinated EauiDment Co.

49

2,560.00

no. 18 with the correct debtor.

Cotts, David R

151

1,514,017.00

Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 156 with the correct debtor.

Cotts, David R

154

1,514,017.00

Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 156 with the correct debtor. Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 40 with the correct debtor.

Diaitel Data Joint Venture

40

503,605.00

Redundant. Claim fied for the wrong debtor. Creditor filed claim
Diaitel Data Joint Venture

215

503,605.00

no. 40 with the correct debtor.

Redundant. Claim filed for the wrong debtor. Creditor filed claim
Forest Alaska Holdino LLC

454

62,025.34

no. 457 with the correct debtor.

Redundant. Claim filed for the wrong debtor. Creditor filed claim
Forest Alaska Holdina LLC

455

62,025.34

no. 457 with the correct debtor.

Redundant. Claim filed for the wrong debtor. Creditor filed claim
Forest Alaska Holding LLC

456

62,025.34

no. 457 with the correct debtor.

Forest Oil Corooration

314

36.038,204.05

Redundant. Claim fied for the wrong debtor. Creditor fied claim no. 313 with the correct debtor.
Redundant. Claim filed for the wrong debtor. Creditor fied claim no. 313 with the correct debtor.

Forest Oil Corporation

315

35,470,000.00

Garvev, John (Irrevocable Trust)

428

3,052.90

Redundant. Claim filed for the wrong debtor. Creditor fied claim no. 429 with the correct debtor.
Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 289 with the correct debtor. Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 289 with the correct debtor.

LAB Properties, Inc.

267

1,684.25

LAB Properties, Inc.

279

1,684.25

Lauder, Cheri Cathlene

264

2,357.95

Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 266 with the correct debtor.
Redundant. Claim filed for the wrong debtor. Creditor fied claim no. 266 with the correct debtor. Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 335 with the correct debtor. Redundant. Claim filed for the wrong debtor. Creditor fied claim no. 336 with the correct debtor.

Lauder, Cheri Cathlene

265

2,357.95

Marathon Oil Company

332

119,140.26

Marathon 011 Companv

333

3,120,286.94

Redundant. Claim filed for the wrong debtor. Creditor filed claim
Medema Familv Trust
271

6,818.25

no. 292 with the correct debtor.

Redundant. Claim fied for the wrong debtor. Creditor fied claim
Medema Familv Trust
281

6,818.25

no. 292 with the correct debtor.

Medema Prooerties, LLC

272

12.133.23

Redundant. Claim filed for the wrong debtor. Creditor fied claim no. 293 with the correct debtor. Redundant. Claim filed for the wrong debtor. Creditor fied claim

Medema Prooerties, LLC

282

12,133.23

no. 293 with the correct debtor.

Redundant. Claim filed for the wrong debtor. Creditor filed claim
MLQ, L.L.C.

408

no. 411 with the correct debtor.

Redundant. Claim filed for the wrong debtor. Creditor filed claim
MLQ, L.L.C.

410

no. 411 with the correct debtor.

Redundant. Claim filed for the wrong debtor. Creditor filed claim
MTGLQ Investor L.P.

412

no. 409 with the correct debtor.

Occidental of Elk Hils, Inc. and

41

144,712.00

Redundant. Claim filed for the wrong debtor. Creditor filed claim no. 43 with the correct debtor. Redundant. Claim filed for the wrong debtor. Creditor fled claim

Occidental of Elk Hils, Inc. and

42

144,712.00

no. 43 with the correct debtor.

Oxv Lona Beach, Inc.

Redundant. Claim filed for the wrong debtor. Creditor filed claim
44

1,241,514.02

no. 45 with the correct debtor.

Robinson, Debra

274

4,491.38

Redundant. Claim fied for the wrong debtor. Creditor fied claim no. 294 with the correct debtor.

Robinson, Debra

Redundant. Claim filed for the wrong debtor. Creditor flied claim
283
$

4,491.38

no. 294 with the correct debtor.

Redundant. Claim filed for the wrong debtor. Creditor filed claim
Robinson, John M

273

4,491.38

no. 296 with the correct debtor.

Redundant. Claim fied for the wrong debtor. Creditor fled claim
Robinson, John M

284

4.491.38

no. 296 with the correct debtor.

Exhibit B
(No Liabilty ClaimslMisc.)

68773-002\DOCS _LA:215929.2

No LiabiltylMisc Objection

Name of Claimant
Bahena, Alfredo V.

Claim Number
342
$

Claim Amount

Reason for Dissallowance

Claims.is for a lost check that was issued in August 2005 Invoice for goods and services in

2.500.00

Black Gold Pump & Supply

August 2008 on propert that was

262
$ $

4,214.65
100.00

sold in July 2008. No such person listed on royalty

Donkel. David Jon

402

register.
Invoice for goods and services in

Kimrev Oil & Gas Pitney Bowes Global Financial Services

August 2008 on propert that was

231

$
$

490

163.84 3,166.19

sold in May 2008. No basis in books and records.

Exhibit C
(Reduce and Allow Claims)

68773-002\DOCS_LA:2 i 5929.2

Reduce and Allow Claims

Modified Claim

Name of Claimant

Claim Number

Claim Amount

Amount

Reason for Modification

Claim submitted included pre- and post-petition amounts. Post petition amounts were paid as

follows: $878.00 check no. 3083

dated 4/30/09 and $3.585 04
check no. 3621 pald12111/09.

Remaining amounts are pre-

Alaska Communication Systems

Baker-Cal Ventura, LOP.

394

$ $

5,727.41

$ $

1.098.24 oetition.

413

6.568.68

6.378.59 Incorrect amount oriainallv claimed Cat Accss had agree to reduce interest amount on accunt due to
errors In their handling of the

Cat AccssAccunt

211

7,345.62

3,554.96 accunt.
Claim Includes $5,350.00 postpetition amounts. This was paid In

the ordinary course by check no.

9570 dated 10/1/09. Remainder of

claim matched company books

Greenbero Trauria. LLP

417
16

$ $

5.750.00

$ $

400.00 and records.

Included sales taxes when

Lona Beach hose & Couolino Co Inc.

2,020.50

1.869.94 comoanv Is tax exempt

Claim included $45.61 post petition charges that were paid by check 1.511.96 no. 8070 on 4/1/09. . Included sales taxes when 2,555.00 comoanv is tax exemot Included sales taxes when 411.00 comoanv is tax exemot

M.O. Dlon & Sons, Inc.

24
167

1 557.57

$
$

Nixon EGI Eouioment Co.

Thorco Holdinos. LLC

$ $

2.682.00
444.91

300

i I

IN THE UNITED STATES BANKRUPTCY COURT

fum)

FOR TH DISTRICT OF DELAWARE

Chapter 11

) )

PACIFIC ENERGY RESOURCES LTD., et al., 1 )

Debtors. )
)

Case No. 09-10785(KJC) (J ointly Administered)

Objection Deadline: March 17, 2010 at 4:00 p.m. EST Hearing Date: March 24, 2010 at 2:30 p.m. EST

DECLARATION OF JENNIFER KURITZ IN SUPPORT OF DEBTORS' THRD OMNBUS OBJECTION (SUBSTANTIVE) TO CERTAIN CLAIS (A) FOR WIDCH THE DEBTORS HAVE NO LIABILITY; AND (B) WHICH ARE OVERSTATED AN SHOULD BE REDUCED
I, Jennifer Kuritz, hereby declare that the following is true to the best of my
knowledge, information and belief:
T. I am the Treasurer for the Debtors and I am responsible for overseeing the

claims review and objection process in these chapter 1 i cases (the "Cases"). Except as otherwise

indicated. all statements in this Declaration are based upon my personal knowledge, my review

of the Debtors' books and records, relevant documents and other information prepared or
collected by the Debtors' employees, professionals, or my opinion based on my experience with

the Debtors' operations and financial condition. In making my statements based on my review
of the Debtors' books and records, relevant documents and other information prepared or

i The Debtors in these cases, along with the last four digits of each of the Debtors' federal tax identification Dumber,
are: Pacific Energy Resources Ltd. (3442); Petroca Acquisition Corp. (6249); Pacific Energy Alaska Holdings,

LLC (ta I.D. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (7021); Cameros Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The mailng address for all of the Debtors is III W.
Ocean

Bouleviird. Suite 1240, Long Beach, CA 90802.

68773-002\DOC~U ..:215985.1

collected by the Debtors' employees and/or professionals, I have relied upon these parties
accurately recording, preparing or collecting sl.ch documentation and other information.
2. I make this Declaration in support of the Debtors' Third Omnibus

Objection (Substantive) to Certain CI.aims (a)

for Which the Debtors Have No Liabilty; and (b)

Which Are Overstated and Should Be Reduced (the ''Third Omnibus Objection"). I have

reviewed the Third Omnibus Objection and am, directly or through the Debtors' personnel,

familar with the information contained therein and in the exhibits annexed thereto. The Debtors
maintain books and records (the "Books and Records") which reflect, among other things, the Debtors' liabilties and respective amounts owed to their creditors and Tam famiUar with the
Books and Records.
3. If T were called to testify as a witness in this matter, 1 could and would

competently testify to each of the facts set forth herein based upon my personal knowledge,
review of documents, or opinion. Jam authorized to submit this Declaration on behalf of the
Debtors. Capitalized terms not otherwise defined herein shall have the meaning asCribed thereto

in the ThirdOinnibus Objection.

4. Under my supervision. considerable resources and time have been

expended to ensure a high level of dilgence in reviewing and reconciling the proofs of claim
filed in these Cases. The claims and the related Books and Records were carefully reviewed and
analyzed by appropriate personnel resulting in the identification of the claims to which
objections are raised in the Third Omnibus Objection.

68773-0\DOCS..LA:21S98S.1

The No Liabiltv Claims

5. The Debtors object to the forty-nine (49) of No Liabilty Claims

(Redundant) set forth on Exhibit A attched to the Third Omnibus Objection on the grounds that
each of the claims is tiled against the wrong Debtor and is redundant of another claim filed by

the same claimant against the correct Debtor. Based upon our dilgent review of the No Liabilty
Claims (Redundant) and the Books and Records, we found no evidence to support the liabilty

for such cJaims of the Debtor against whom the No Liabilty Claims list~ on Exhibit A were
filed. If the Court disallows the No Liabilty Claims listed on Exhibit A to the Third Omnibus

Objection each claimant listed on Exhibit A wil stil hold the claim it fied against the correct
Debtor. The Debtors reserve the right to object to the claims tiled against the correct Debtors on
any grounds.

6. The Debtors also object to the five (5) No Liabilty Claims (Misc.) listed
on Exhibit B to the Third Omnibus Objection for the following reasons:
a. Claim No. 342 fed by Alfredo V. Bahena should be disallowed

because Cameros Energy, Inc. issued the claimant a check for the full amount f the claim in

2005. After the check was issued, the assets of Cameros Energy, Inc. were sold and all accounts
were closed. In 2009, the claimant contacted the Debtors and stated that, although the check had

been received, due to a divorce, the check had been lost. Cameros Energy, Inc.. by delivering
the check to the claimant, met its obligations to him.

68773-O2\DOCS_l.A:215985.1

b. Claim No. 231 fied by Kimray Oil & Gas and Claim No. 262 fied

by Black Gold Pump & Supply should be disallowed because they are both based on invoices for

charges incurred after the property to which the charges relate had been sold to a third pary.
c. Claim no. 402 fied by David Jon Donkel for amounts due as a

royalty should be disallowed because a dilgent search of the Books and Records yielded no
evidence that the claimant was a royalty owner in any of the Debtors' oil and gas property nor
any evidence of any other obligation to the claimant.
d. Claim No~ 490 fied by Pitney Bowes Global Financial Services

should be disallowed because, based upon our review of the claim and the Books and Records, the contract upon which the claim is based is not a contract with any of the Debtors.
The Reduce and Allow Claims
7. The Debtors object to the Reduce and Allow Claims on Exhibit C to the

Third Omnbus Objection for the reasons set forth below:

a. Claim No. 394 fied by Alaska Communication Systems, Claim
No. 417 fied by Greenberg Traurig, LLP, and Claim No. 24 filed by M.O. Dion & Sons, Tnc.

should be reduced by the amounts shown in Exhibit C because, based upon our review of these
claims and the Books and Records, we have determined that each of these Reduce aDd Allow

Claims contains postpetitioD charges that were paid in the Debtors ordinary courSe of business.
The Debtors 'agree with the amount of the claims as reduced.
b. Claim No. 16 fied by Long Beach Hose & Coupling Co" Inc.,

Claim No. 167 fied by Nixon EGI Equipment Co. and Claim No 300 fied by Thorco Holdings,

611773-002\DOCfUA:2J 5985.1

LLC should be reduced in the amounts shown in Exhibit C to the Thrd Omnbus Objection
because these Reduce and Allow Claims include sales tax and the Debtors were exempt from the

payment of sales taxes. The Debtors agree with the claims in the modified amounts set fort on
said Exhibit C.
c. Claim No. 413 fied by Baker-Cal Ventura, L.P. should be reduced

and allowed in the amount shown as the modified amount on Exhibit C to the Third Omnibus
Objection because

after a dilgent review of the Books and Records, the Debtors found no

evidence that any amount above $6,376.59 is due to this claimant.

d. Claim No.2 i 1 fied by Cal AccessAccount should be reduced and

allowed In the amount of $3,554;96 because of an agreement between the Debtors and Cal
AccessAccount that the claimant WOuld reduce the

amount of interest it waS seeking due to

errors in its handling of the account.

8. For

all of the reasons set forth above, and in the Third Omnibus Objection,

I respectfuIJy request that the Court grant the relief requested in the Third Omnibus Objection.
Pursuant to 28 U.S.c. 1746, I declare under the penalty of perjury that the foregoing is
true and correct.

February 22, 2010

J~~
5

6ll773-O2\DOCS_LA:21 5985. J

IN THE UNITED STATES BANKRUPTCY COURT

In re: )

FOR THE DISTRICT OF DELAWARE

Chapter 11

PACIFIC ENERGY RESOURCES LTD., et al., i .)

Debtors. ))
)

Case No. 09-10785(KJC) (Jointly Administered)

Related to Docket No.

ORDER GRANTING DEBTORS' THIRD OMNIBUS OBJECTION (SUBSTANTIV) TO CERTAIN CLAIMS (A) FOR WHICH THE DEBTORS HAVE NO LIABILITY; AND (B) WHICH AR OVERSTATED AND SHOULD BE REDUCED
Upon the Third Omnibus Objection (Substantive) to Certain Claims (a)for Which
the Debtors Have No Liabilty; and (b) Which Are Overstated and Should Be Reduced (the

"Third Omnibus Objection,,)2 of

the above-captioned debtors and debtors in possession seeking

entry of an order disallowing the No Liabilty Claims listed on Exhibits A and B attached to the
Third Omnibus Objection and reducing the Reduce and Allow Claims listed on Exhibit C to the
Third Omnibus Objection to the amount set forth in said Exhibit C; and no previous application
having been made; and upon consideration of

the Third Omnibus Objection; and due and proper

notice of

the Thrd Omnibus Objection having been given, it is hereby

J The Debtors in these cases, along with the last four digits of each of

the Debtors' federal tax identification number,

are: Pacific Energy Resources Ltd. (3442); Petrocal Acquisition Corp. (6249); Pacific Energy Alaska Holdings,

LLC (tax J.D. # not available); Cameros Acquisition Corp. (5866); Pacific Energy Alaska Operating LLC (7021); Cameros Energy, Inc. (9487); and Gotland Oil, Inc. (5463). The mailng address for all of the Debtors is 111 W.
Ocean Boulevard, Suite 1240, Long Beach, CA 90802. 2 Capitalized terms not defined herein are as defined in the Third Omnibus Objection.

DOCS_LA:21599J. i

ORDERED that the No Liabilty Claims (Redundant) listed on Exhibit A to the

Third Omnibus Objection are hereby disallowed; and it is furter

ORDERED that the No Liabilty Claims (Misc.) listed on Exhibit B to the Third

Omnibus Objection are hereby disallowed; and it is fuher

ORDERED that the Reduce and Allow Claims listed on Exhibit C to the Third
Omnibus Objection are hereby reduced to the amounts set forth on said Exhibit C and are hereby

allowed in the reduced amounts; and it is fuer

ORDERED that this Cour shall retain jurisdiction to hear and determine all
matters arsing from the implementation of

this Order.

Dated:

,2010
The Honorable Kevin J. Carey
Chief United States Banruptcy Judge

DOCS_LA:215991. 2