In re Apex Oil Co.

92 B.R. 843, 1988 WL 120935
CourtDistrict Court, E.D. Missouri
DecidedOctober 3, 1988
DocketBankruptcy Nos. 87-03804-BSS, 87-03818-BSS and 87-03805-BSS
StatusPublished
Cited by2 cases

This text of 92 B.R. 843 (In re Apex Oil Co.) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Apex Oil Co., 92 B.R. 843, 1988 WL 120935 (E.D. Mo. 1988).

Opinion

ORDER REGARDING ESTIMATION OF CLAIMS THROUGH SUMMARY TRIAL

BARRY S. SCHERMER, Bankruptcy Judge.

On December 24, 1987, Apex Oil Company, Apex Holding Co., Clark Oil & Refining Corporation (herein collectively referred to as the “Debtors”) and 49 other affiliated companies filed voluntary Chapter 11 Petitions which were subsequently consolidated for procedural purposes only. On August 3, 1988, the United States Department of Energy (hereinafter referred to as “Claimant”) filed the following claims (hereinafter collectively referred to as the “Claims”):

Claimant Debtor Claim Amount of No. Claim
United States Department of Energy-Clark Oil < Refining Corp. 2193 $350,000,000.00
United States Department of Energy Apex Holding 12 $350,000,000.00
United States Department of Energy Apex Co. Oil 1024 $350,000,000.00
United States Department of Energy Apex Co. Oil 1025 $350,000,000.00

On April 13, 1988, the Debtors filed an objection to the Claimant’s Claims and a motion requesting inter alia, estimation of such Claims. Both the Debtors and the Creditors’ Committee (hereinafter referred to as the “Objectors”) objected to the Claims. On September 16,1988, this Court entered an Amended Order in Motion No. 04-44 granting Debtors’ prayer for estimation, having found it necessary to estimate the Claims in order to avoid the delay and expenses associated with a full administrative and judicial liquidation of the Claims. Pursuant to these findings, this Court hereby establishes procedures for estimating the Claims asserted against the estates of [844]*844the Debtors under Section 502(c) of the United States Bankruptcy Code. The estimation trial will fix the amount of the Claims allowed in these Chapter 11 proceedings for liquidation and distribution purposes under a plan.

On September 22, 1988, the Court convened a hearing pursuant to its Order of September 16, 1988. The hearing was attended by counsel for the Debtors, the Claimant, the Creditors’ Committee, the Lender Group and the Examiner. The purpose of the hearing was to elicit from the parties their suggestions and recommendations with respect to the procedures to be followed in the estimation process. Prior to this hearing, the Debtors filed a proposed order detailing the procedure the Debtors believe should be implemented. The Court inquired of the Claimant if it wished to file a proposed order. The Claimant was granted until September 28, 1988 to file its proposal. By telephone request on September 29, 1988, the Claimant sought additional authority to file its proposed order on September 29, 1988 which the Court granted. The Claimant, however, elected not to file a proposed order within the extended deadline.1

The Court believes there are approximately a half a dozen major components comprising the Claims. Each component may have numerous elements. In order to assist the Court in placing a value upon the Claims, the amount of each component must be determined. Consequently, the Court shall require each party to designate a value to each component of the Claims which shall consist of two parts: the amount of the component, if any, and interest, if any, which may have accrued. This will afford the parties an opportunity to prepare and present their case and assist the Court in estimating the total amount of the Claims. Accordingly, the Court expects the evidence to support the amount assigned by each party to each component.

While the Court reserves the right to fix the claim at any amount, the Court may be inclined to accept one party’s designations with respect to the value of each component. Accordingly, the Court expects the parties will realistically appraise their respective positions. “Regardless of whether a court applies a ‘generous and liberal’ standard or a ‘reasonable’ one, the result can only be an estimate. An estimation necessarily implies no certainty; it is not a finding or a fixing of an exact amount. It is merely the Court’s best estimate for the purposes of permitting the case to go forward and thus not unduly delay the matter.” In re Nova Estate Investment Trust, 23 B.R. 62, 66 (Bankr.E.D.Virginia 1982).

Furthermore, it is necessary to emphasize that the estimation process is not an accelerated trial. Nor is it a full trial on the merits. Rather, it is a means by which the parties offer evidence from which the Court estimates the Claims without exactitude. “Until such liquidated claims are entered into the bankruptcy court’s rubric under § 1229, the bankruptcy court is not in a position to approve the plans feasibility.” Matter of Pizza of Hawaii, Inc., 40 B.R. 1014, 1017 (D.C.1984).

The Court believes the Examiner may be of assistance to the parties in facilitating discovery and mediating a resolution to the ultimate issue of valuating the Claims. Accordingly, the Examiner is authorized and directed to attend all meetings between the parties and to encourage resolution of disputes which may arise in the course of the parties’ preparation for the hearing. While the Court recognizes the limitation of authority of an Examiner, his full participation in the days leading to trial may [845]*845lessen the tensions existing between the parties.

Pursuant to Rule 16 of the Federal Rules of Civil Procedure, as incorporated by Bankruptcy Rule 7016, and 11 U.S.C. § 502(c), the Court hereby orders that the following summary trial procedures shall apply for estimation of the above cited Claims:

Pre-Trial Procedures

1. Stipulation

1. The Claimant and Objectors shall meet, identify and stipulate in writing to the primary components of the Claims.2

2. Components listed shall be identified by Roman Numerals.

3. This list shall be filed with the Court on or before October 14, 1988.

4. If the parties are unable to agree upon all of the components comprising the Claims, they shall file with the Court and serve upon the Examiner such stipulated list of components which have been agreed upon. Additionally each party and the Examiner shall file with the Court a concise list of components they believe should be included as comprising the Claims. Each party and the Examiner shall simultaneously file with the Court a memorandum in support of their respective lists, which shall not exceed two (2) pages (including exhibits) per proposed component. The memorandum in entirety (including the list and exhibits) may not exceed ten (10) pages. All lists and memoranda under this paragraph shall be filed with the Court on or before October 19, 1988.

II.Statement of Claim

5. Claimant shall identify with particularity all the elements of each component, in a numbered list. This list shall be filed with the Court and served upon opposing counsel and the Examiner no later than October 28, 1988.

6. Each element of Claimant’s list should refer to the specific regulations upon which the element is based.

III. Objections

7.

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Cite This Page — Counsel Stack

Bluebook (online)
92 B.R. 843, 1988 WL 120935, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-apex-oil-co-moed-1988.