On September 25, 2017 , the United States District Court for the Northern District of Texas, Dallas Division, entered an Order appointing a Temporary Receiver finding the appointment of a receiver “necessary and appropriate for the purposes of marshaling and preserving all assets—in any form or of any kind whatsoever—owned, controlled, managed, or possessed by defendants Christopher A. Faulkner [(“Faulkner”)], Breitling Oil & Gas Corporation (“BOG”), and Breitling Energy Corporation (“BECC”) (collectively, the “Receivership Defendants”).” Subsequently filed with with the Receivership, the Court entered its Memorandum Opinion and Order, clarifying the Receivership Order would encompass “entities controlled by Faulkner  – including Breitling Royalties Corporation,” directly or indirectly (“Receivership Assets”).
On February 25, 2019, the Receiver moved this Court to expand the Receivership to include Crude Energy and Crude Royalties on the grounds (1) that the inclusion of Crude Energy was necessary to permit assertion of the Receivership entities choses in action against third parties; (2) that Crude Royalties played a similar role in the Breitling scheme as BRC and retained title to assets traceable to investor proceeds; and (3) that the inclusion of Crude Royalties was necessary to enable to Receiver to clear title to royalty interests for the eventual liquidation of these interests by the Receiver. On March 26, 2019, the Court granted the Receiver’s Motion and entered its Second Amended Order Appointing Receiver.
On January 6, 2020, this Court entered its Third Amended Order Appointing Receiver, granting the Receiver’s motion to expand the Receivership to include Breitling Energy Companies, Inc. (“BECOS”) and Breitling Royalty Funds, LLC (“BRF”) on the grounds (1) that BECOS and BRF were under common ownership and control with other Receivership entities and their funds were comingled with other Receivership entities’ funds; and (2) that the inclusion of BECOS and BRF was necessary to enable to Receiver to clear title to royalty interests for the eventual liquidation of these interests by the Receiver.
The Order Appointing Receiver (“Receivership Order”), directs the Receiver, among other things, to take control and possession of, to operate the Receivership Estate, and to perform all acts necessary to conserve, hold, manage and preserve the value of the Receivership Estate. The Receivership Order also restrains and enjoins, without prior approval of the Court, creditors and all other persons from proceeding against the Receiver, any of the defendants, the Receivership Estate, or any agent, officer or employee related to the Receivership Estate from any of the following:
- Liquidating, transferring, selling, conveying or otherwise transferring any Receivership Assets, except upon instruction from the Receiver;
- The set-off, alleged set-off, lien, or any form of self-help, or refusal to transfer any funds or assets to the Receiver’s control;
- Any act that would interfere with the Receiver’s efforts to take control, possession, or management of the Receivership Estate assets;
- Any act to create, perfect, or enforce any lien against the property of the Receiver, or the Receivership Estate;
- Any act to hinder, obstruct or otherwise interfere with the Receiver in the performance of his duties;
- Any act to dissipate or otherwise diminish the value of any Receivership Assets; or
- Initiation or commencement of any legal proceeding of any nature, including but not limited to, bankruptcy proceedings, arbitration proceedings, foreclosure actions, default proceedings, etc.