Legal Opinion

Diamond Offshore Co. v. Bennu Oil & Gas, LLC (In re ATP Oil & Gas Corp.)

United States Bankruptcy Court, S.D. Texas

Decided October 28, 2015No. CASE NO: 12-36187; ADVERSARY NO. 12-03425; ADVERSARY NO. 12-03429PublishedCited by 6 opinions

1Opinion of the Court

MEMORANDUM OPINION

Marvin Isgur, UNITED STATES BANKRUPTCY JUDGE

This Memorandum Opinion concerns similar adversary proceedings filed by and Diamond Offshore Company (Adv. Pro. 12-03425) and TM Energy Holdings (Adv. Pro. 12-03429). Rodney Tow, Chapter 7 Trustee, has filed Amended Counterclaims for the avoidance and recovery of transfers made by ATP to TM and Diamond pursuant to 11 U.S.C. §§ 547 and 549 related to the conveyance of purported overriding royalty interests.

TM and Diamond, the putative ORRI Holders, have each filed motions to dismiss each of Tow’s claims under various theories.

Bennu…

2Cases cited25 opinions

  1. Ashcroft v. IqbalSupreme Court of the United States · 2009
  2. Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
  3. Butner v. United StatesSupreme Court of the United States · 1979
  4. Lormand v. US Unwired, Inc.Court of Appeals for the Fifth Circuit · 2009
  5. Pennsylvania Department of Public Welfare v. DavenportSupreme Court of the United States · 1990

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3Cited by6 opinions

  1. Faulkner v. Earl Owen Co.United States Bankruptcy Court, N.D. Texas · 2021
  2. Faulkner v. Lone Star Car Brokering, LLCUnited States Bankruptcy Court, N.D. Texas · 2021
  3. Faulkner v. Meyer Distributing, Inc.United States Bankruptcy Court, N.D. Texas · 2021
  4. Offshore Marine Contractors, Inc.District Court, S.D. Texas · 2024
  5. Sikes (Ch 7 Trustee) v. LinderUnited States Bankruptcy Court, W.D. Louisiana · 2025

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