- 11 U.S.C.
Capco Energy Inc. v. McMoRan Oil & Gas LLC (In re Capco Energy)
Jan
04
2011
Ruling
Creditor entitled to summary judgment against debtors, though not estate, for gas balancing despite failure to file timely proof of claim.
Procedural posture
Debtors brought an adversary proceeding against defendant creditor. Each had owned working interests in mineral production of a well. The creditor filed a crossclaim against the purchaser of the debtors' working interest, asserting it was liable for approximately $336,683.57 of gas imbalance from sales of production. Those parties submitted cross motions for summary judgment.
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Court
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