In re Eurogas, Inc.

560 B.R. 574, 2016 Bankr. LEXIS 3846, 2016 WL 6885942
CourtUnited States Bankruptcy Court, D. Utah
DecidedOctober 28, 2016
DocketCase No. 04-28075
StatusPublished
Cited by5 cases

This text of 560 B.R. 574 (In re Eurogas, Inc.) is published on Counsel Stack Legal Research, covering United States Bankruptcy Court, D. Utah primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Eurogas, Inc., 560 B.R. 574, 2016 Bankr. LEXIS 3846, 2016 WL 6885942 (Utah 2016).

Opinion

MEMORANDUM DECISION

WILLIAM T. THURMAN, U.S. Bankruptcy Judge

The matter before the Court is the Motion to Approve Agreement (the “Motion”) filed by Elizabeth Loveridge, the Chapter 7 Trastee (“Trustee”). In conjunction with the Motion, the Trustee also filed a Notice of Proposed Abandonment. The Slovak Republic, a creditor, filed an objection to both the Motion and the Notice of Proposed Abandonment.

An evidentiary hearing on the Motion was held on September 8, and continued to September 26 and October 17, 2016. Reid Lambert appeared on behalf of the Trustee, who was also present. Michael Johnson appeared on behalf of the Slovak Republic. Mona Burton and Doyle Byers appeared on behalf of Eurogas, Inc. (“Eu-ragas II”), a successor entity to the Debt- or Eurogas (“Eurogas I”), in support of the Motion. Jarrod Martin appeared on behalf of Texas Eurogas (“TEG”), a creditor of Eurogas I that also supports the Motion. The parties presented oral argument and called witnesses to testify and be cross-examined and submitted other evidence. After considering the arguments of counsel, hearing the witnesses, reviewing the exhibits and conducting an independent review of the law, the Court makes the following findings of fact and conclusions of law. This memorandum decision constitutes this Court’s statement pursuant to Federal Rule of Civil Procedure 52, made applicable to this case by Federal Rules of Bankruptcy Procedure 9014 and 7052, of its reasons for granting the Motion and approving the Notice of Abandonment.

I. JURISDICTION

The jurisdiction of this Court is properly invoked under 28 U.S.C. § 1334. This is a core proceeding within the meaning of 28 U.S.C. § 157(b)(2)(A) and this Court may enter a final order. Venue is proper under the provisions of 28 U.S.C. §§ 1408 and 1409.

At the Trustee’s request, notice of the hearing was sent by the Bankruptcy Noticing Center to all parties in interest on the original notice date of August 24, 2016. Subsequently, the Court and Trustee were made aware of additional parties in interest. The matter was discussed at the hearing held October 17, 2016. The Court ordered the Trustee to send notice to the additional parties by any means at her disposal, and shortened the time for notice due to the time pressures present in this case. The Trustee filed a declaration1 de[577]*577scribing the methods and efforts she made to provide notice to the additional parties. The Court finds that the notice to all parties in this case meets the standards of Rule 6007(a) and Rule 9019(a), and that the Trustee’s notice to the additional parties “is appropriate in the particular circumstances” 2 of this case.

II. PROCEDURAL HISTORY

This Chapter 7 bankruptcy was initiated on May 28, 2004 when judgment creditor W. Steve Smith filed an involuntary petition of bankruptcy against Eurogas I. Mr. Smith is a bankruptcy trustee in Houston, Texas who obtained judgments against Eurogas I while acting as trustee for various bankruptcy estates of corporations and individuals. Mr. Smith subsequently obtained a judgment against Eurogas I in the amount of $113,371,837.65, which was filed as Claim 1-1 in Eurogas I’s bankruptcy. TEG acquired Claim 1-1 from Trustee Smith on approximately September 24, 2007.

The principals of Eurogas I did not file schedules and statements after the order for relief was entered by this court. On motion from the trustee, Joel T. Marker, (the “Former Trustee”), on January. 27, 2005, this Court signed an order designating Wolfgang Rauball, Reinhard Rauball, and Hank Blankenstein as the three principals of Eurogas I who were responsible for filing statements , and schedules, and ordered them to file statements and schedules, and to turn over property and records of the estate to the Former Trustee (the “Order to File Statements”). Neither Eurogas I nor the individuals complied with the Order to. File Statements, and no statements or schedules were filed, nor were the books and records turned over to the Former Trustee while the case was originally pending.3 The Former Trustee conducted an investigation, liquidated Eu-rogas I’s interest in several affiliated companies, and distributed approximately $700,000 to creditors. The majority of the distribution was received by TEG, the holder of Claim 1-1 for $113,371,837.65. The distribution paid 0.56% of the claims in the case. The case was closed on March 19, 2007.

In September 2015, TEG sent a letter to Vince Cameron, Assistant U.S. Trustee. TEG urged that the bankruptcy case be reopened to investigate whether certain claims arising from interests held by a partially-owiied subsidiary of Eurogas I in mineral claims commonly referred to as the “talc deposits” located' in the Slovak Republic (the “Talc Claims”) were property of the bankruptcy estate.

Upon motion of the U.S. Trustee, this Court entered an order to reopen the case on December 21, 2015. The order stated that the motion to reopen was granted “for the specific purpose of determining the bankruptcy estate’s interest in the asset identified in the Motion to Reopen; and it is further; ordered that the U.S. Trustee is directed to appoint a chapter 7 trustee to investigate the bankruptcy estate’s interest in the asset identified in the Motion [578]*578to Reopen.” The identified asset is Euro-gas Fs interest in the Talc Claims.

The Trustee investigated the Talc Claims and communicated with the parties in interest and their representatives. After negotiations which will be more fully described below, the Trustee and Eurogas II entered into an Agreement (the “Agreement”). On August 18, 2016, the Trustee filed a Motion to Approve Agreement, along with a notice and opportunity for hearing. An objection was filed by the Slovak Republic, thus triggering the necessity of holding a hearing and creating a contested matter as contemplated by Rule 9014 of the Bankruptcy Rules.

Claims 3-1 and 4-1 were originally held by 0 & F Proinvest AG, a Swiss corporation, in the amount of $240,181 each. Those claims were transferred to the Slovak Republic pursuant to a transfer agreement, under which the Slovak Republic paid $6,000 for both claims. The Slovak Republic filed the Transfer of Claim the day after the Motion was filed. The Slovak Republic filed an objection to the Motion and the Notice of Proposed Abandonment. The Court conducted three separate days of hearings. At all three hearings, the Court heard testimony and received exhibits.

III. THE TALC CLAIMS

The Trustee’s Motion is a small part of a lengthy dispute in Europe, and so the Court finds it necessary to provide enough background to set this matter in context.

Eurogas I was formed as a Utah Corporation in 1985 under the name of Northampton, Inc. Its name was changed to Eurogas, Inc. in 1994.

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560 B.R. 574, 2016 Bankr. LEXIS 3846, 2016 WL 6885942, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-eurogas-inc-utb-2016.