Jerrod Lee Rinehart State Bar No. 24060494 Michael P. Hupf ...
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Jerrod Lee Rinehart State Bar No. 24060494 Michael P. Hupf State Bar No. 24102799 BRACKETT & ELLIS, P.C. A Professional Corporation 100 Main Street Fort Worth, Texas 76102-3090 (817) 338-1700 Fax: (817) 870-2265 ATTORNEY FOR BIGHORN CONSTRUCTION AND RECLAMATION, LLC IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISION In re: § § Case No. 20-31777 TRI-POINT OIL & GAS PRODUCTION § SYSTEMS, LLC § Debtor. § § § APPLICATION FOR ADMINISTRATIVE EXPENSE CLAIM OF BIGHORN CONSTRUCTION AND RECLAMATION, LLC NO HEARING WILL BE CONDUCTED HEREON UNLESS A WRITTEN RESPONSE IS FILED WITH THE CLERK OF THE UNITED STATES BANKRUPTCY COURT AT 515 RUSK STREET HOUSTON, TX 77002 BEFORE CLOSE OF BUSINESS ON JUNE 5, 2020, WHICH IS AT LEAST 21 DAYS FROM THE DATE OF SERVICE HEREOF. ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE CLERK, AND A COPY SHALL BE SERVED UPON COUNSEL FOR THE MOVING PARTY PRIOR TO THE DATE AND TIME SET FORTH HEREIN. IF A RESPONSE IS FILED A HEARING MAY BE HELD WITH NOTICE ONLY TO THE OBJECTING PARTY. IF NO HEARING ON SUCH NOTICE OR MOTION IS TIMELY REQUESTED, THE RELIEF REQUESTED SHALLE BE DEEMED TO BE UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING THE RELIEF SOUGHT OR THE NOTICED ACTION MAY BE TAKEN. Case 20-31777 Document 236 Filed in TXSB on 05/15/20 Page 1 of 5
Transcript of Jerrod Lee Rinehart State Bar No. 24060494 Michael P. Hupf ...
Jerrod Lee Rinehart
State Bar No. 24060494
Michael P. Hupf
State Bar No. 24102799
BRACKETT & ELLIS, P.C.
A Professional Corporation
100 Main Street
Fort Worth, Texas 76102-3090
(817) 338-1700 Fax: (817) 870-2265
ATTORNEY FOR BIGHORN CONSTRUCTION
AND RECLAMATION, LLC
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
In re: §
§ Case No. 20-31777
TRI-POINT OIL & GAS PRODUCTION §
SYSTEMS, LLC §
Debtor. §
§
§
APPLICATION FOR ADMINISTRATIVE EXPENSE CLAIM OF BIGHORN
CONSTRUCTION AND RECLAMATION, LLC
NO HEARING WILL BE CONDUCTED HEREON UNLESS A WRITTEN
RESPONSE IS FILED WITH THE CLERK OF THE UNITED STATES
BANKRUPTCY COURT AT 515 RUSK STREET HOUSTON, TX 77002
BEFORE CLOSE OF BUSINESS ON JUNE 5, 2020, WHICH IS AT LEAST
21 DAYS FROM THE DATE OF SERVICE HEREOF.
ANY RESPONSE SHALL BE IN WRITING AND FILED WITH THE
CLERK, AND A COPY SHALL BE SERVED UPON COUNSEL FOR THE
MOVING PARTY PRIOR TO THE DATE AND TIME SET FORTH
HEREIN. IF A RESPONSE IS FILED A HEARING MAY BE HELD WITH
NOTICE ONLY TO THE OBJECTING PARTY.
IF NO HEARING ON SUCH NOTICE OR MOTION IS TIMELY
REQUESTED, THE RELIEF REQUESTED SHALLE BE DEEMED TO BE
UNOPPOSED, AND THE COURT MAY ENTER AN ORDER GRANTING
THE RELIEF SOUGHT OR THE NOTICED ACTION MAY BE TAKEN.
Case 20-31777 Document 236 Filed in TXSB on 05/15/20 Page 1 of 5
APPLICATION FOR ADMINISTRATIVE EXPENSE CLAIM OF BIGHORN
CONSTRUCTION AND RECLAMATION, LLC Page 2
TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE:
1. Creditor Bighorn Construction and Reclamation, LLC (“Creditor”) hereby requests
entry of an order allowing an administrative expense in an amount not less than $19,265.00 against
the Debtors and its estate and directing that the administrative expense be paid in full after entry
of the order granting this application, and granting such other and further relief as may be deemed
just and proper under the circumstances of this case.
2. In support of this Application for Administrative Expense Claim of Bighorn
Construction and Reclamation, LLC. (“Application”), Creditor has filed contemporaneously
herewith true and correct copies of the following:
a. Exhibit A, Invoices of services performed, and goods sold,
b. Exhibit B, Declaration of Cole Bryan.1
JURISDICTION AND VENUE
3. This Court has jurisdiction to consider this matter pursuant to 28 U.S.C. §§ 157 and
1334. This is a core proceeding pursuant to 28 U.S.C. § 157(b)(2). Venue is proper before this
Court, pursuant to 28 U.S.C. §§ 1408 and 1409.
FACTUAL BACKGROUND
4. On March 16, 2020, Tri-Point Oil and Gas Production Systems, LLC and certain
of its affiliates2 (the “Debtors”) each filed voluntary petitions for relief under chapter 11 of title 11
of the Unites States Code (the “Bankruptcy Code”).
1 The filed mechanics lien will be supplemented. Due to COVID-19, the county clerk would not provide a copy in person so one was requested by mail. 2 The Debtors in these chapter 11 cases along with the last four digits of each Debtor’s federal tax identification
number, are as follows: Tri-Point Oil & Gas Production Systems, LLC (2419); FR Tri-Point, LLC (3967), Tri-Point
Services GP, LLC (5463), and Tri-Point Services, LLC (0783). The address of the Debtors’ headquarters is: 5555 San Felipe, Suite 1250, Houston, Texas 77056.
Case 20-31777 Document 236 Filed in TXSB on 05/15/20 Page 2 of 5
APPLICATION FOR ADMINISTRATIVE EXPENSE CLAIM OF BIGHORN
CONSTRUCTION AND RECLAMATION, LLC Page 3
5. The order (the “Order”) setting the bar date for claims made under 11 § 503(b)(9)
was entered on April 7, 2020 setting the bar date for May 15, 2020. No plan has been confirmed
as of the filing of this application.
6. Creditor is a company which provides goods and services in the energy industry.
Creditor sold and installed goods and performed services for Debtor in Midland, Texas. Exhibit B.
These services included installing a three-phase skid separator. Debtor agreed to pay Creditor in
exchange for this work. Exhibit A. Creditor performed under the agreement on dates including
March 4, 5, 8, 10, 11, 12, 13, 14, 16, 17, 19, and 20 of 2020. Exhibit A. On March 16, 2020, Debtor
filed their individual, voluntary petitions for relief under Chapter 11 of title 11 of the Unites States
Bankruptcy Court (the “Petitions”).
7. Creditor has not been paid for goods and services performed within 20 days of the
date of petition as well as for services performed after the filing of the petition for the period of
March 4, 2020 to March 20, 2020. Exhibits A and B.
RELIEF REQUESTED
8. Creditor respectfully requests that this Court enter an order compelling the Debtor
to pay Creditor goods and services for March 4, 2020 to March 20, 2020 in the amount of
$19,265.00 under the agreement between Creditor and Debtor. This is included in the general
secured and unsecured claim filed with Creditor’s Proof of Claim for which it reserves and does
not waive any of its rights and remedies with respect to such claim.
9. Debtors requested the work to be completed by Creditor. Creditor performed this
work within 20 days of filing and after petition was filed and is entitled to payment of
administrative expenses under Section 503(b)(9) of the Bankruptcy Code. Creditor is entitled to
Case 20-31777 Document 236 Filed in TXSB on 05/15/20 Page 3 of 5
APPLICATION FOR ADMINISTRATIVE EXPENSE CLAIM OF BIGHORN
CONSTRUCTION AND RECLAMATION, LLC Page 4
allowance and payment of the actual and necessary costs and expenses incurred by Debtors. These
charges benefited the estate of Debtors.
10. Based on the foregoing, Creditor holds an administrative claim against Debtors in
the amount of $19,265.00.
11. No judgment has been rendered on this claim and no payments have been made by
Debtors for the amounts sought in this Application.
12. Creditor expressly reserves its right to replace, amend or supplement this claim.
WHEREFORE, Bighorn Construction & Reclamation LLC respectfully requests that the
Court enter an order allowing its administrative expense claim in an amount not less than
$19,265.00; (ii) directing payment of its administrative claim under the terms of the Plan, and (iii)
grant to Bighorn Construction & Reclamation LLC such other and further relief to which it may
be justly entitled.
Respectfully submitted this 15th day of May 2020.
Respectfully submitted,
/s/ Jerrod Lee Rinehart
Jerrod Lee Rinehart
Texas State Bar No. 24060494
Michael P. Hupf
Texas State Bar No. 24102799
Email: [email protected]
BRACKETT & ELLIS, PC
100 Main Street
Fort Worth, TX 76102-3090
(817) 338-1700
(817) 870-2265 – Facsimile
ATTORNEY FOR BIGHORN CONSTRUCTION
& RECLAMATION LLC
Case 20-31777 Document 236 Filed in TXSB on 05/15/20 Page 4 of 5
APPLICATION FOR ADMINISTRATIVE EXPENSE CLAIM OF BIGHORN
CONSTRUCTION AND RECLAMATION, LLC Page 5
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing document has been served by
ECF electronic service or by First-Class U.S. Mail, in accordance with the Federal Bankruptcy
Rules of Procedure and the Local Bankruptcy Rules for the Southern District of Texas, on all
parties who have registered with the Court via the Court’s ECF system, including counsel for
Debtors, counsel for the Official Committee of Unsecured Creditors, counsel for the
Administrative Agent, and the US Trustee. In addition, copies have been sent via Units States First
Class Mail to the parties identified on the attached Service List:
/s/ Jerrod L. Rinehart
Jerrod L. Rinehart
Case 20-31777 Document 236 Filed in TXSB on 05/15/20 Page 5 of 5
IB3CCJR Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
3/4/2020 to 3/5/2020 Midland Tripoint Warehouse Bid 36 x 10 skid Lump sum labor only
Location
Midland Tri-Point Whse
Description
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081000032 ACCT: 003490674221
Terms
Invoice Date Invoice#
3/12/2020 30920
AFE No. Ticket No.
S0774
Quantity Rate Amount
3,140.00 3, 140.00
Total $3,140.00
Balance Due $3,140.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 1 of 11
IIBCCIRs. Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
3.10.2020
Location
Sequitur
Description
Terms
Net 60
Inventory and make parts list on missing parts, fittings, valves, etc. Bolt up as much as possible on separator skid, oil line, water line, gas line, clean work area before leaving. 3 Man Crew Laborer - Juan M Laborer - Ricardo G Laborer - Luis M Operator Truck
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081000032 ACCT: 003490674221
Invoice Date Invoice#
3/ 16/2020 31009
AFE No. Ticket No.
G607083- l -6 41176
Quantity Rate Amount
6 150.00 900.00
6 20.00 120.00
Total $ 1,020.00
Balance Due $1,020.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 2 of 11
IB3CCIRs. Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
3.11.2020
Location
Sequitur
Description
Terms
Net 60
Continue to bolt up oil line water line and gas line on separator skid. Install anonde and liquid level controls as well as sight glass, pressure relief valve, clean work area before leaving. 3 Man Crew Laborer - Juan M Laborer - Ricardo G Laborer - Luis M 3 Man Crew Overtime Laborer - Juan M Laborer - Ricardo G Laborer - Luis M Operator Truck
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081000032 ACCT: 003490674221
Invoice Date Invoice#
3/16/2020 31010
AFE No. Ticket No.
G607083- I -6 411 77
Quantity Rate Amount
8 150.00 1,200.00
2 225.00 450.00
8 20.00 160.00
Total $1,810.00
Balance Due $1 ,810.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 3 of 11
IIB<CJR Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
3.12.2020
Location
Sequitur
Description
Terms
Net 60
Complete oil, water and gas lines. Complete cutting and thread pipe for volume pot. Begin torque all bolts. Begin to drill holes for bolts. Clean work area. 3 Man Crew Laborer - Juan M Laborer - Ricardo G Laborer - Luis M 3 Man Crew Overtime Laborer - Juan M Laborer - Ricardo G Laborer - Luis M Operator Truck
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081 000032 ACCT: 003490674221
Invoice Date Invoice#
3/16/2020 31012
AFE No. Ticket No.
G607083-l-6 41178
Quantity Rate Amount
8 150.00 1,200.00
3 225.00 675.00
8 20.00 160.00
Total $2,035.00
Balance Due $2,035.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 4 of 11
IIBCCIRs. Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
3.13.2020
Location
Sequitur
Description
Terms
Net 60
Continue drilling holes for bolts on 2" and 3" supports. Begin other separator skid. Bolt up flange adapter. Cut one inch pipe. Bolt up 2 inch flanged valves. install liquid level controls. 3 Man Crew Laborer - Juan M Laborer - Ricardo G Laborer - Luis M 3 Man Crew Overtime Laborer - Juan M Laborer - Ricardo G Laborer - Luis M Operator Truck
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081000032 ACCT: 003490674221
Invoice Date Invoice#
3/16/2020 31013
AFE No. Ticket No.
G607083-1-6 41179
Quantity Rate Amount
8 150.00 1,200.00
2 225 .00 450.00
8 20.00 160.00
Total $1 ,810.00
Balance Due $1,810.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 5 of 11
IB3CCJR Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
3.14.2020
Location
Sequitur
Description
Terms
Net 60
Begin installing oil line and water line. Will continue when Kimray arrive, Begin gas line, Continue when Kimray arrive. Install one inch from 3" gas line to volume pot. Clean work area. 3 Man Crew Laborer - Juan M Laborer - Ricardo G Laborer - Luis M Operator Truck
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081000032 ACCT: 00349067422 1
Invoice Date Invoice#
3/ 16/2020 31014
AFE No. Ticket No.
G607083- l-6 411 80
Quantity Rate Amount
8 150.00 1,200.00
8 20.00 160.00
Total $1,360.00
Balance Due $ 1,360.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 6 of 11
IffiCCIRs. Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
3.16.2020
Location
Sequitur
Description
Terms
Net 60
Install 1 inch pipe on discharge of volume pot. Begin to drill holes on supports for 2 inch line. Begin installing flanges and ball valves for other separator skid. Clean work area and throw trash in dumpster. 3 Man Crew Laborer - Juan M Laborer - Ricardo G Laborer - Luis M 3 Man Crew Overtime Laborer - Juan M Laborer - Ricardo G Laborer - Luis M Operator Truck
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081000032 ACCT: 00349067422 1
Invoice Date Invoice#
3/ 17/2020 31071
AFE No. Ticket No.
G607083-1-6 41181
Quantity Rate Amount
8 150.00 1,200.00
2 225.00 450.00
8 20.00 160.00
Total $1,810.00
Balance Due $1,810.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 7 of 11
IffiCCill Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
3.17.2020
Location
Sequitur
Description
Terms
Net 60
Drill holes for 2 inch pipe for supports install temporal pieces on oil gas lines for Kimray. Install gauge locks for sight glass. Clean work area. 3 Man Crew Laborer - Juan M Laborer - Luis M Laborer - Ricardo G 3 Man Crew - Overtime Laborer - Juan M Laborer - Luis M Laborer - Ricardo G Operator Truck
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081000032 ACCT: 003490674221
Invoice Date Invoice#
3/ 18/2020 31109
AFE No. Ticket No.
25-1963 41182
Quantity Rate Amount
8 150.00 1,200.00
2 225.00 450.00
8 20.00 160.00
Total $1 ,8 10.00
Balance Due $1 ,810.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 8 of 11
IB3CCffi Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
3.8.2020
Location
Sequitor
Description
Terms
Net 60
Finished detailing separator and drilling for U bolt. Clean all work area. Began on separator. Started to install water line on separator. 3 Man Crew Laborer - Luis M Laborer - Juan M Laborer - Ricardo G 3 Man Crew - Overtime Laborer - Luis M Laborer - Juan M Laborer - Ricardo G Operator Truck
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081000032 ACCT: 003490674221
Invoice Date Invoice#
3/ 19/2020 31193
AFE No. Ticket No.
41183
Quantity Rate Amount
8 150.00 1,200.00
2 225.00 450.00
8 20.00 160.00
Total $1 ,810.00
Balance Due $1 ,8 10.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 9 of 11
Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
3.19.2020
Location
Sequitor
Description
Terms
Net 60
Install as much as possible on oil, gas and water lines. IUmray has not arrived yet. Clean up trash around work area. 3 Man Crew Laborer - Luis M Laborer - Johnny M Laborer - Ricardo G 3 Man Crew Overtime Laborer - Luis M Laborer - Johnny M Laborer - Ricardo G Operator Truck
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081000032 ACCT: 003490674221
Invoice Date Invoice#
3/20/2020 31286
AFE No. Ticket No.
41184
Quantity Rate Amount
8 150.00 1,200.00
2 225.00 450.00
8 20.00 160.00
Total $1,810.00
Balance Due $1 ,810.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 10 of 11
IB3<Cffi Bighorn Construction & Reclamation, LLC
PO Box 759 Greeley, CO 80632
Bill To
Tri-Point, LLC PO Box 2040 Midland, TX 79702
03.20.2020
Location
Sequitor
Description
Terms
Net 60
Complete seperator help load onto flatbed for delivery continue on gas line on other seperator skid clean work area 3 Man Crew LuisM Juan M Ricardo G Operator Truck
Please remit check payments to: PO Box 840267 - Dallas, TX 75284-0267 Please remit ACH Payments to: ROUT: 081000032 ACCT: 003490674221
Invoice Date Invoice#
3/23/2020 31334
AFE No. Ticket No.
41185
Quantity Rate Amount
5 150.00 750.00
5 20.00 100.00
Total $850.00
Balance Due $850.00
Case 20-31777 Document 236-1 Filed in TXSB on 05/15/20 Page 11 of 11
In re:
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
§
§ Case No. 20-31777
TRI-POINT OIL & GAS PRODUCTION
SYSTEMS, LLC
§
§
Debtor. §
§
§
DECLARATION OF COLE BRYAN
1. My name is Cole J. Bryan. I am of sound mind, capable of making this declaration, and personally acquainted with the facts stated herein.
2. I represent Bighorn Construction & Reclamation in connection with collecting debts owed by Tri-Point Oil & Gas Production Systems, LLC. On May 14, 2020, I visited the Midland County Clerk's office to file and record a mechanics lien on behalf of Bighorn Construction & Reclamation. The lien was properly recorded on May 14, 2020. After the lien was recorded, I learned that the County was not providing copies of liens in person at this time due to COVID-19 concerns. I then requested a copy of the lien to be provided via mail. I have not received the copy as of May 15, 2020.
3. The amount of the mechanics lien is $68,932.9.
4. The property the lien attached to is 2606 W. County Road 130, Midland, Texas 79702, and is more particularly described as: 12.80 acres, more or less, Southeast Quarter of Section 16, Block 39, TS2 Midland County, Texas, and more particularly described in that certain Special Warrant Deed dated July 6, 2017, and recorded in Instrument Number 2017-19814.
My name is Cole J. Bryan, my date of birth is February 22, 1983, and my address is 713 Doral Ct. , Midland, Texas 79705, and United States of America. I declare under penalty of perjury that the foregoing is true and correct.
Executed in Midland County, State of Texas, on the 15th day of May, 2020.
Cole J. Brya
Case 20-31777 Document 236-2 Filed in TXSB on 05/15/20 Page 1 of 1
