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IN THE UNITED STATES BANKRUPTCY COURTFOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

)In re: ) Chapter 11

)BOUCHARD TRANSPORTATION CO., INC., et al.,1 )

)Case No. 20-34682 (DRJ)

)Post-Effective Date Debtor. ) (Jointly Administered)

) Related to ECF No. 1177

CERTIFICATE OF NO OBJECTION WITH RESPECT TO THE DEBTORS’ SECOND OMNIBUS OBJECTION TO CERTAIN PROOFS OF CLAIM

Pursuant to the Procedures for Complex Chapter 11 Cases in the Southern District of

Texas, the undersigned counsel for the above-captioned debtors (collectively, the “Debtors”)

certifies as follows:

1. On August 4, 2021, the Debtors filed the Second Omnibus Objection to Certain

Proofs of Claim (Overstated Claims, Satisfied Claims, Exact Duplicate Claim, Reclassified

Claims, Amended Claims, and No Liability Claim) (the “Objection”)2 [Docket No. 1177].

2. The deadline for parties to file responses to the relief requested in the Objection

was September 7, 2021 (the “Objection Deadline”). No objections to the Objection were filed on

the docket on or before the Objection Deadline with respect to the claims listed in each of the

exhibits attached to the proposed order (the “Order”). Additionally, counsel for the Debtors did

not receive any informal comments with respect to the claims listed in each of the exhibits attached

to the Order.

1 Due to the large number of Debtors in these chapter 11 cases, a complete list of the Debtor entities and the last four digits of their federal tax identification numbers is not provided herein. A complete list may be obtained on the website of the Debtors’ claims and noticing agent at https://cases.stretto.com/bouchard. The location of the Debtors’ or Post-Effective Date Debtor’s service address is: c/o Portage Point Partners, LLC, 300 North LaSalle, Suite 1420, Chicago, Illinois 60654.

2 Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Objection.

Case 20-34682 Document 1352 Filed in TXSB on 09/09/21 of 4

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3. The Debtors request that the Court enter the attached Order at the earliest

convenience of the Court.


Houston, TexasSeptember 9, 2021

/s/ Matthew D. CavenaughJACKSON WALKER L.L.P. KIRKLAND & ELLIS LLPMatthew D. Cavenaugh (TX Bar No. 24062656) KIRKLAND & ELLIS INTERNATIONAL LLPGenevieve M. Graham (TX Bar No. 24085340) Ryan Blaine Bennett, P.C. (admitted pro hac vice)1401 McKinney Street, Suite 1900 Whitney Fogelberg (admitted pro hac vice)Houston, Texas 77010 300 North LaSalle Street Telephone: (713) 752-4200 Chicago, Illinois 60654Facsimile: (713) 752-4221 Telephone: (312) 862-2000 Email: [email protected] Facsimile: (312) 862-2200

[email protected] Email: [email protected] [email protected]

- and -

KIRKLAND & ELLIS LLPKIRKLAND & ELLIS INTERNATIONAL LLPChristine A. Okike, P.C. (admitted pro hac vice)601 Lexington AvenueNew York, New York 10022Telephone: (212) 446-4800Facsimile: (212) 446-4900Email: [email protected]

Co-Counsel to the Post-Effective Date Debtor Co-Counsel to the Post-Effective Date Debtor


Certificate of Service

I certify that on September 9, 2021, I caused a copy of the foregoing document to be served by the Electronic Case Filing System for the United States Bankruptcy Court for the Southern District of Texas.

/s/ Matthew D. CavenaughMatthew D. Cavenaugh


IN THE UNITED STATES BANKRUPTCY COURTFOR THE SOUTHERN DISTRICT OF TEXAS

HOUSTON DIVISION

)In re: ) Chapter 11

)BOUCHARD TRANSPORTATION CO., INC., et al.,1 ) Case No. 20-34682 (DRJ)

)Post-Effective Date Debtor. ) (Jointly Administered)

)) Re: Docket No. 1177

ORDER SUSTAINING DEBTORS’ SECOND OMNIBUS OBJECTION TO CERTAIN PROOFS OF CLAIM (OVERSTATED CLAIMS,

SATISFIED CLAIMS, EXACT DUPLICATE CLAIM, RECLASSIFIED CLAIMS, AMENDED CLAIMS, AND NO LIABILITY CLAIM)

Upon the objection (the “Objection”)2 of the above-captioned debtors and debtors in

possession (collectively, the “Debtors”) seeking entry of an order (this “Order”) sustaining the

Debtors’ Second Omnibus Objection to Certain Proofs of Claim (Overstated Claims, Satisfied

Claims, Exact Duplicate Claim, Reclassified Claims, Amended Claims, and No Liability Claim)

modifying, adjusting, or, disallowing, as applicable: (a) the Overstated Claims identified on

Exhibit A attached hereto; (b) the Satisfied Claims identified on Exhibit B attached hereto;

(c) the Reclassified Claims identified on Exhibit C attached hereto; (d) the Amended Claims

identified on Exhibit D attached hereto; and (e) the No Liability Claim identified on Exhibit E

attached hereto, all as more fully set forth in the Objection; and this Court having found that this

Court has jurisdiction over this matter pursuant to 28 U.S.C. § 1334 and that this Court may enter

1 Due to the large number of Debtors in these chapter 11 cases, a complete list of the Debtor entities and the last four digits of their federal tax identification numbers is not provided herein. A complete list may be obtained on the website of the Debtors’ claims and noticing agent at https://cases.stretto.com/bouchard. The location of the Debtors’ or Post-Effective Date Debtor’s service address is: c/o Portage Point Partners, LLC, 300 North LaSalle, Suite 1420, Chicago, Illinois 60654.

2 Capitalized terms used but not otherwise defined herein have the meanings ascribed to them in the Objection.

Case 20-34682 Document 1352-1 Filed in TXSB on 09/09/21 Page 1 of 16

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a final order consistent with Article III of the United States Constitution; and this Court having

found that venue of this proceeding and the Objection in this district is proper pursuant to

28 U.S.C. §§ 1408 and 1409; and this Court having found that this is a core proceeding pursuant

to 28 U.S.C. § 157(b); and this Court having found that the relief requested in the Objection is in

the best interests of the Debtors’ estates, their creditors, and other parties in interest; and this Court

having found that the Debtors’ notice of the Objection and opportunity for a hearing thereon were

appropriate and no other notice need be provided; and this Court having reviewed the Objection

and having heard the statements in support of the relief requested therein at a hearing before this

Court (the “Hearing”); and this Court having determined that the legal and factual bases set forth

in the Objection and at the Hearing establish just cause for the relief granted herein; and upon the

Gasbarra Declaration; and upon all of the proceedings had before this Court; and after due

deliberation and sufficient cause appearing therefor, it is HEREBY ORDERED THAT:

1. Any response to the Objection not otherwise withdrawn, resolved, or adjourned is

hereby overruled on its merits.

2. The Overstated Claims listed on Exhibit A attached hereto are hereby reduced or

disallowed in their entirety, as applicable, as reflected in the “Modified Status” column of

Exhibit A attached hereto.

3. The Partially or Fully Satisfied Claims listed on Exhibit B attached hereto are

hereby reduced or disallowed in their entirety, as applicable, as reflected in the “Modified Status”

column of Exhibit B attached hereto.

4. The priority classification of each Reclassified Claim listed on Exhibit C attached

hereto is hereby modified as reflected in the “Modified Status” column of Exhibit C hereto.


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5. The Amended Claims listed on Exhibit D attached hereto are hereby disallowed in

their entirety.

6. The No Liability Claim listed on Exhibit E attached hereto is hereby disallowed

and expunged in its entirety.

7. Stretto, as claims, noticing, and solicitation agent, is authorized and directed to

update the claims register maintained in these chapter 11 cases to reflect the relief granted in this

Order.

8. Notwithstanding the relief granted in this Order and any actions taken pursuant to

such relief, nothing in this Order shall be deemed: (a) an admission as to the validity of any

prepetition claim against a Debtor entity; (b) a waiver of the Debtors’ or any other party in

interest’s right to dispute and object to any claim on any grounds, including any claim identified

in a “Surviving Claim” column or a “Modified Status” column of any Exhibit attached hereto; (c) a

promise or requirement to pay any prepetition claim; (d) an implication or admission that any

particular claim is of a type specified or defined in this Objection or any order granting the relief

requested by this Objection; (e) a request or authorization to assume any prepetition agreement,

contract, or lease pursuant to section 365 of the Bankruptcy Code; or (f) a waiver of the Debtors’

rights under the Bankruptcy Code or any other applicable law.

9. The Debtors are authorized to take all actions necessary to effectuate the relief

granted in this Order in accordance with the Objection.

10. Notwithstanding any applicable Bankruptcy Rule or Bankruptcy Local Rule, the

terms and conditions of this Order shall be immediately effective and enforceable upon its entry.


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11. This Court retains exclusive jurisdiction with respect to all matters arising from or

related to the implementation, interpretation, and enforcement of this Order.

Houston, TexasDated: ___________, 2021

DAVID R. JONESUNITED STATES BANKRUPTCY JUDGE


Exhibit A

Overstated Claims


In re: Bouchard Transportation Co., Inc., et al.Case No. 20-24682 (DRJ) (Jointly Administered)

Page 2 of 2

Exhibit A

Overstated ClaimsBasis for Objection: See Paragraph 15 and 16 of the foregoing Objection.

# Claim Number

Name of Claimant Debtor Claim Amount (Proof of Claim as Filed)

Modified Status(Proof of Claim as Modified

Upon Entry of Order)

Proposed Treatment Basis for Modification

Secured: $0.00Admin: $0.00Priority: $0.00Unsecured: $15,967.88


1 238 Acme Industrial Inc Bouchard Transportation Co., Inc.

Total: $15,967.88 Total: $14,700.00

Claim amount to be reduced The Claimant did not provide sufficient documentation in their filed proof of claim to support that the filed Claim Amount was contracted for or the goods or services were provided. The Claim should be reduced to the amount specified in the "Modified Status" column based on the support provided by the Claimant in their filed proof of claim and/or the Debtors' books and records.



2 193 Beyond Green Air Services Bouchard Transportation Co., Inc.

Total: $8,111.97 Total: $3,090.56

Claim amount to be reduced The Claimant did not provide sufficient documentation in their filed proof of claim to support that the filed Claim Amount was contracted for or the goods or services were provided. The Claim should be reduced to the amount specified in the "Modified Status" column based on the support provided by the Claimant in their filed proof of claim and/or the Debtors' books and records. See also related objection to claim number 193 on Exhibit B.

Secured: $53,894.12Admin: $0.00Priority: $0.00Unsecured: $0.00


4 34 Broward County Port Everglades Department

Bouchard Transportation Co., Inc.

Total: $53,894.12 Total: $45,643.20


Secured: $845.00Admin: $0.00Priority: $0.00Unsecured: $0.00


5 199 Crescent Ship Service Tug Linda Lee Bouchard Corporation

Total: $845.00 Total: $650.00




6 143 Delaware City Refining Company, LLC B No. 235 Corporation

Total: $9,996.38 Total: $2,200.00



cases.stretto.com/public/X104/10586/CLAIM/1058602122130000000006.pdf

cases.stretto.com/public/X104/10586/CLAIM/105860406213134188500001_1617675802.pdf










Page 2 of 2

Exhibit A

Overstated ClaimsBasis for Objection: See Paragraph 15 and 16 of the foregoing Objection.

# Claim Number





7 509 Donjon Marine Co., Inc. Bouchard Transportation Co., Inc. Secured: $49,290.91Admin: $0.00Priority: $0.00Unsecured: $0.00Total: $49,290.91

Secured: $47,289.04Admin: $0.00Priority: $0.00Unsecured: $0.00Total: $47,289.04





Exhibit B

Satisfied Claims



Page 2 of 2

Exhibit B

Satisfied ClaimsBasis for Objection: See Paragraph 17 and 18 of the foregoing Objection.

# Claim Number

Name of Claimant Debtor Claim Amount(Proof of Claim as Filed)




8 203 Airweld, Inc Bouchard Transportation Co., Inc. Secured: $0.00 Secured: $0.00 Claim amount to be reduced The filed Claim Amount has been partially satisfied by check datedAdmin: $0.00 Admin: $0.00 4/9/2021 in the ordinary course of business.Priority: $0.00 Priority: $0.00Unsecured: $440.65 Unsecured: $62.95Total: $440.65 Total: $62.95

9 32 American Express National Bank Bouchard Transportation Co., Inc. Secured: $0.00 Secured: $0.00 Claim to be disallowed The filed Claim Amount has been satisfied by check dated 12/18/2020Admin: $0.00 Admin: $0.00 pursuant to the Vendors Order [Docket No. 139].Priority: $0.00 Priority: $0.00Unsecured: $286.86 Unsecured: $0.00Total: $286.86 Total: $0.00

10 195 Answering Service Care, LLC Bouchard Transportation Co., Inc. Secured: $0.00 Secured: $0.00 Claim to be disallowed The filed Claim Amount has been satisfied by wire transfer on 3/23/2021Admin: $0.00 Admin: $0.00 in the ordinary course of business.Priority: $68.83 Priority: $0.00Unsecured: $798.10 Unsecured: $0.00Total: $866.93 Total: $0.00

11 193 Beyond Green Air Services Bouchard Transportation Co., Inc. Claim amount to be reduced The filed Claim Amount has been partially satisfied by wire transfer on 4/9/2021 in the ordinary course of business. See also related objection to claim number 193 onExhibit A.

Secured: Admin: Priority: Unsecured:

$0.00$0.00$0.00

$8,111.97

Secured: Admin: Priority: Unsecured:

$0.00$0.00$0.00

$3,090.56Total: $8,111.97 Total: $3,090.56







Page 2 of 2

Exhibit B

Satisfied ClaimsBasis for Objection: See Paragraph 17 and 18 of the foregoing Objection.

# Claim Number





Secured: $0.00Admin: $450,106.68Priority: $0.00Unsecured: $450,106.68


12 220 ECM Maritime Services, LLC Bouchard Transportation Co., Inc.

Total: $900,213.36 Total: $283,067.03

Claim amount to be reduced The filed Claim Amount as set forth in the Proof of Claim has been partially satisfied by wire transfers on 3/18/2021 and 4/7/2021 pursuant to either the Vendors Order [Docket No. 139] or postpetition payments made in the ordinary course of business, as applicable. See also related objection to claim number 220 on Exhibit D.

Secured: $75,000.00Admin: $0.00Priority: $0.00Unsecured: $76,591.60


13 229 K&L Gates LLP Bouchard Transportation Co., Inc.

Total: $151,591.60 Total: $76,591.60

Claim amount to be reduced The filed Claim Amount has been partially satisfied pursuant to that certain Stipulation and Agreed Order Between the Debtors and K&L Gates LLP with Respect to Retainer [Docket No. 885].




Exhibit C

Reclassified Claims



Page 1 of 1

Exhibit C

Reclassified ClaimsBasis for Objection: See Paragraph 21 and 22 of the foregoing Objection.

# Claim Number





14 192 Boaen Mechanical Service Company, Bouchard Transportation Co., Inc. Secured: $0.00 Secured: $0.00 Claim to be reclassified The asserted claim is incorrectly or improperly classified because theInc. Admin: $2,330.00 Admin: $0.00 claim is for services, not goods, and the services were received by the

Priority: $0.00 Priority: $0.00 Debtor outside of 20 days before the date of commencement of theUnsecured: $0.00 Unsecured: $2,330.00 cases.Total: $2,330.00 Total: $2,330.00

15 220 ECM Maritime Services, LLC Bouchard Transportation Co., Inc. Secured: $0.00 Secured: $0.00 Claim to be reclassified The administrative priority and general unsecured portions of the ClaimAdmin: $450,106.68 Admin: $0.00 Amount in the Proof of Claim as filed are duplicative of each other.Priority: $0.00 Priority: $0.00 Additionally, the asserted claim is also incorrectly or improperly classifiedUnsecured: $450,106.68 Unsecured: $283,067.03 because the invoices included in the proof of claim are for bothTotal: $900,213.36 Total: $283,067.03 prepetition and postpetition services. See also related objection to claim

number 220 on Exhibit B.




Exhibit D

Amended Claims



Page 1 of 1

Exhibit D

Amended ClaimsBasis for Objection: See Paragraph 23 and 24 of the foregoing Objection.

# Claim Number




Proposed Treatment

Surviving Claim Number(s)

Basis for Modification



16 267 Donjon Marine Co., Inc. Bouchard Transportation Co., Inc.

Total: $49,290.91 Total: $0.00

Claim to be disallowed

509 Proof of Claim was amended by the claim(s) listed under “Surviving Claim Number.”



17 268 Donjon-Smit, LLC Bouchard Transportation Co., Inc.

Total: $31,452.92 Total: $0.00

Claim to be disallowed

511 Proof of Claim was amended by the claim(s) listed under “Surviving Claim Number.”






Exhibit E

No Liability Claim



Page 1 of 1

Exhibit E

No Liability ClaimBasis for Objection: See Paragraph 25 and 26 of the foregoing Objection.

# Claim Number





16 575 Brad F. Coleman Tug Rhea I Bouchard Corp. Secured: $0.00 Secured: $0.00 Claim to be disallowed Pursuant to the Debtors' books and records, Tug Rhea I Bouchard Corp.Admin: $0.00 Admin: $0.00 has no amounts due and no liability exists for this claimant. The supportPriority: $7,937.00 Priority: $0.00 provided (or lack thereof) with the filed Proof of Claim is insufficient toUnsecured: $0.00 Unsecured: $0.00 show liability.Total: $7,937.00 Total: $0.00



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