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652 B.R. 49
Bankr. E.D. La.
2023
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Background

  • Petitioning creditors (Keystone Chemical, R&R Boats, Specialty Offshore, Total Production Supply, DLS) filed an involuntary Chapter 7 petition against Cox Operating, LLC in the Eastern District of Louisiana (EDLA) on May 12, 2023.
  • Cox Operating and six affiliated entities filed voluntary Chapter 11 petitions in the Southern District of Texas (SDTX) on May 14, 2023; the debtors seek a quick going‑concern sale funded by DIP financing from Amarillo National Bank and BP Energy.
  • Cox Operating is a Louisiana LLC that operates most wells and employs offshore and onshore personnel; the debtors report substantial trade debt (≈ $211M) with many Louisiana trade creditors and significant secured claims.
  • Petitioning creditors argued they filed in EDLA to protect Louisiana‑law lien rights (LOWLA) and to prevent alleged prepetition dissipation of assets; debtors argued SDTX is the proper forum for coordinated Chapter 11 cases and DIP financing.
  • The EDLA court held an evidentiary hearing on competing venue/transfer motions (Bankruptcy Rule 1014(b) and 28 U.S.C. § 1412), weighed convenience and interest‑of‑justice factors, and considered perceived fairness and risk of forum shopping.
  • Ruling: the EDLA court granted Cox Operating’s emergency motion to transfer venue and ordered the involuntary case transferred to the SDTX; the petitioners’ emergency motion seeking first‑filed priority/service was denied without prejudice.

Issues

Issue Petitioning Creditors' Argument Debtors' Argument Held
Appropriate venue for related cases filed in different districts under Rule 1014(b)/§ 1412 EDLA (first‑filed involuntary) should determine venue; Louisiana forum needed to protect LOWLA lien rights Defer to debtors’ voluntary choice of SDTX to enable coordinated administration, DIP financing, and sale process Court transferred the involuntary case to SDTX (deference to debtors’ forum choice)
Weight/burden regarding competing venue motions and first‑filed rule First‑filed involuntary petition entitles EDLA to priority; court should preserve petitioners’ forum Burden unclear; court should evaluate convenience and interests of justice and give weight to debtor’s choice Court held burden is effectively on the court to balance factors; gave deference to debtors’ forum choice
Convenience factors (creditors, witnesses, assets, economic administration) Proximity of Louisiana trade creditors and local proof on Louisiana law favors EDLA SDTX is functionally convenient (Houston/New Orleans proximity, remote participation, professionals in Houston), and SDTX is better for efficient estate administration Convenience factors were neutral; did not outweigh deference to debtors’ forum choice
Emergency request to effect service/declare first‑filed priority over later voluntary petitions Sought emergency relief to enforce EDLA priority and protect lien rights immediately Opposed; urged transfer to SDTX for coordinated chapter 11 process and DIP draws Emergency motion denied without prejudice; transfer ordered to SDTX

Key Cases Cited

  • In re Commonwealth Oil Refining Co., 596 F.2d 1239 (5th Cir.) (factors for transfer convenience and interest of justice)
  • Gulf States Exp. Co. v. Manville Forest Prods. Corp. (In re Manville Forest Prods. Corp.), 896 F.2d 1384 (2d Cir.) (considerations on transfer and forum deference)
  • E.E.O.C. v. Univ. of Pa., 850 F.2d 969 (3d Cir.) (first‑filed rule is equitable, not rigid)
  • Matter of ATP Oil & Gas Corp., 888 F.3d 122 (5th Cir.) (Fifth Circuit precedent on lien/priority issues referenced by petitioners)
  • In re Enron Corp., 274 B.R. 327 (Bankr. S.D.N.Y.) (discussion of debtor’s choice of forum and transfer factors)
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Case Details

Case Name: Cox Operating, LLC - DO NOT DOCKET. CASE TRANSFERRED OUT.
Court Name: United States Bankruptcy Court, E.D. Louisiana
Date Published: May 23, 2023
Citations: 652 B.R. 49; 23-10734
Docket Number: 23-10734
Court Abbreviation: Bankr. E.D. La.
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