IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In Re: PACIFIC ENERGY RESOURCES LTD., ET AL.

Case No. 09-10785-KJC Debtor. Objections due by: June 24, 2009 Hearing Date: July 1, 2009 MOTION FOR RELIEF FROM AUTOMATIC STAY PURSUANT TO 11 U.S.C. SECTION 362(d)(1) DCFS USA LLC successor in interest to DaimlerChrysler Financial Services Americas LLC, by its counsel, Kristi J. Doughty, Esq., as and for a Motion for Relief from Automatic Stay pursuant to 11 U.S.C. Section 362(d)(1), states the following as grounds therefore: 1. On March 9, 2009, the debtor, above named, filed a voluntary petition in Chapter 11

Bankruptcy under Title 11, Chapter 11, U.S.C., in the United States Bankruptcy Court, for the District of Delaware. 2. 157. 3. DCFS USA LLC successor in interest to DaimlerChrysler Financial The Court has jurisdiction to entertain this motion under 28 U.S.C. Section

Services Americas LLC (hereinafter "DCFS USA LLC") is the record owner of one (1) 2007 Mercedes Benz ML500 (hereinafter "vehicle") (V.I.N. 4JGBB75E77A231185). A copy of the Certificate of Title is annexed hereto as Exhibit "A" and made a part hereof. 4. Pursuant to 11 U.S.C. Section 362, upon the commencement of the instant

bankruptcy case, DCFS USA LLC is stayed from taking any action against the debtor to obtain possession of the leased property.

5.

On April 27, 2007, Downtown L.A. Motors Mercedes (hereinafter

"dealer"), as lessor and the debtor, as lessee, entered into a Retail Lease Agreement (hereinafter "Lease") pursuant to which the debtor leased the vehicle from the dealer at the rate of $1458.30 per month for a term of thirty-nine (39) months, commencing on April 27, 2007. A copy of the Retail Lease Agreement is also annexed hereto as Exhibit "A" and made a part hereof. 6. Pursuant to the terms and provisions thereof, and for good and valuable

consideration, the Lease was duly assigned by the dealer to DCFS USA LLC, which is now the holder and owner of same. As of May 29, 2009, the debtor was in default of the payment obligations to DCFS USA LLC pursuant to the terms and conditions of the Lease Agreement, as follows: a. Gross balance due: Net balance due: b. $22,901.72 $57,659.64

Pre-petition arrears: $1,458.30 for the month of February, 2009, together with applicable contractual late charges; Post-petition arrears: $1,458.30 for the months of March, April and May, 2009, together with applicable late charges.

c.

(NOTE: The foregoing does not represent any amounts which may be due for costs and attorneys' fees as may be allowed by the Court.) 7. DCFS USA LLC has ascertained that the wholesale value of the vehicle is

TWENTY NINE THOUSAND EIGHT HUNDRED FIFTY AND 00/100 ($29,850.00) DOLLARS based on estimated value of the vehicle in average condition. 8. Pursuant to the terms and conditions of the Lease Agreement, upon the

failure of the Lessee to cure any default thereunder, which include non-payment of rental charges, DCFS USA LLC is entitled to immediate possession of the vehicle.

9.

Upon information and belief, the debtor continues to enjoy the use and

possession of the leased property. 10. It is respectfully asserted that DCFS USA LLC's interest in the vehicle

will not be adequately protected if the automatic stay is allowed to remain in effect. 11. Accordingly, sufficient cause exists to grant DCFS USA LLC relief from

the automatic stay herein, which includes, but is not limited to, the following: a. The debtor is in default under the terms and provisions of the

Lease Agreement by, among other things, failing to make the monthly payments due thereunder; b. The ownership interests of DCFS USA LLC with respect to the

vehicle are not adequately protected as envisioned under 11 U.S.C. Section 361; c. The vehicle is not necessary for an effective reorganization of a

bankruptcy estate; and d. The vehicle, by it intrinsic nature, is mobile, thereby subject to the

foreseeable possibility of injury thereto by way of accident or collision. 12. It is respectfully submitted that DCFS USA LLC is in a more

advantageous position to obtain an optimum price for the sale of the vehicle, thereby increasing the possibility of avoiding a deficiency balance on this account, thereby removing such creditor as a potential unsecured claimant in this case. 13. No prior application for the relief requested herein has been made.

WHEREFORE, DCFS USA LLC successor in interest to DaimlerChrysler Financial Services Americas LLC respectfully requests that the Court issue an Order, pursuant to 11 U.S.C. Section 362 granting DCFS USA LLC relief from automatic stay

in order to obtain possession and dispose of its property, and for such other and further relief as to the Court may seem just and proper. DATED: June 2, 2009 By: Kristi J. Doughty_______ Robert T. Aulgur, Jr., Esq. (No. 165) Kristi J. Doughty, Esq. (No. 3826) Whittington & Aulgur 651 N. Broad Street, Suite 206 P.O. Box 1040 Middletown, DE 19709 (302) 378-1661 telephone (302) 285-0236 facsimile

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In Re: PACIFIC ENERGY RESOURCES LTD., ET AL., Debtor. Chapter 11

Case No. 09-10785-KJC Objections due by: June 24, 2009 Hearing Date: July 1, 2009

NOTICE OF MOTION OF DCFS USA LLC SUCCESSOR IN INTEREST TO DAIMLERCHRYSLER FINANCIAL SERVICES AMERICAS LLC FOR RELIEF FROM STAY UNDER SECTION 362 OF THE BANKRUPTCY CODE DCFS USA LLC successor in interest to DaimlerChrysler Financial Services Americas LLC has filed a Motion for Relief from Stay which seeks the following relief: Relief from the Automatic Stay Pursuant to 11 U.S.C. Section 362(d)(1) or, in the alternative, directing the Debtor, above-named, to immediately provide for the adequate protection of any property subject to the interests of the Movant. HEARING ON THE MOTION WILL BE HELD ON JULY 1, 2009 AT 10:OO A.M. ANY RESPONSE MUST BE FILED AND SERVED TOGETHER WITH A CERTIFICATE OF SERVICE ON OR BEFORE JUNE 24, 2009 . FAILURE TO TIMELY FILE AND SERVE A RESPONSE WILL RESULT IN AN ORDER GRANTING THE RELIEF REQUESTED IN THE MOTION. You are required to file a response (and the supporting documentation required by Local Rule 4001-1(d) to the attached motion at least five business days before the above hearing date. At the same time, you must also serve a copy of the response upon movant's attorney: Robert T. Aulgur, Jr., Esq. Kristi J. Doughty, Esq. Whittington & Aulgur 651 N. Road Street, Suite 206 P.O. Box 1040 Middletown, DE 19709

The hearing date specified above may be a preliminary hearing or may be consolidated with the final hearing, as determined by the Court. The attorneys for the parties shall confer with respect to the issues raised by the

motion in advance for the purpose of determining whether a consent judgment may be entered and/or for the purpose of stipulating to relevant facts such as value of the property, and the extent and validity of any security instrument. By: Kristi J. Doughty__________ Robert T. Aulgur, Jr., Esq. (No. 165) Kristi J. Doughty, Esq. (No. 3826) Whittington & Aulgur 651 N. Broad Street, Suite 206 P.O. Box 1040 Middletown, DE 19709 (302) 378-1661 telephone (302) 285-0236 facsimile

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In Re: PACIFIC ENERGY RESOURCES LTD., ET AL. Case No. 09-10785-KJC Debtor. Motion No. ____________
ORDER GRANTING RELIEF FROM AUTOMATIC STAY PURSUANT TO 11 U.S.C. SECTION 362(d)(1) Creditor, DCFS USA LLC successor in interest to DaimlerChrysler Financial Services Americas LLC, having moved for an Order, pursuant to 11 U.S.C. Section 362(d)(1), authorizing relief from automatic stay herein, UPON reading and filing the Notice of Motion and Motion for Relief from Automatic Stay, pursuant to 11 U.S.C. Section 362(d)(1), dated May 29, 2009, together with the exhibits annexed thereto and due proof of service thereof, and upon all pleadings and proceedings heretofore had herein, and no opposition having been interposed, and due deliberation having been had thereon and good and sufficient cause appearing NOW, on motion of DCFS USA LLC successor in interest to DaimlerChrysler Financial Services Americas LLC, by its counsel, Kristi J. Doughty, Esq., it is hereby ORDERED, that pursuant to 11 U.S.C. Section 362(d)(1) the Motion of creditor, DCFS USA LLC successor in interest to DaimlerChrysler Financial Services Americas LLC, for Relief from Automatic Stay is granted; and it is further ORDERED, that the automatic stay instituted upon the filing of the petition for an Order for relief by the debtor, above named, be, and the same hereby is, terminated in that it shall not apply to any action by creditor, DCFS USA LLC successor in interest to DaimlerChrysler Financial Services Americas LLC, to recover possession and dispose of its property; namely, one (1) 2007 Mercedes Benz ML500 (V.I.N. 4JGBB75E77A231185); and it is further ORDERED, that all surplus monies, if any, obtained by DCFS USA LLC successor in interest to DaimlerChrysler Financial Services Americas LLC after liquidation of the

Chapter 11

property and satisfaction of its debt, shall be remitted to the Trustee. DATED: Wilmington, Delaware July __, 2009 _________________________ Hon. Kevin J. Carey United States Bankruptcy Judge District of Delaware

E N T E R:

EXHIBIT A

IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE In Re: PACIFIC ENERGY RESOURCES LTD., ET AL., Case No. 09-10785-KJC Debtor. CERTIFICATE OF SERVICE I, KRISTI J. DOUGHTY, ESQ., certify that I am not less than eighteen (18) years of age; that service of this Notice, the Motion, Exhibit, Affidavit and Proposed Order was made on June 2, 2009 in accordance with BR7004 on: Mail Service: Electronically and/or Regular, first-class United States mail, postage fully pre-paid, addressed to: James E. O'Neill, Esq. Attorney for Debtor Pachulski Stang Ziehl & Jones LLP 919 North Market Street, 17th Floor PO Box 8705 Wilmington, DE 19899-8705 Official Committee of Unsecured Creditors James Carignan Pepper Hamilton, LLP Hercules Plaza, Suite 5100 1313 Market Street Wilmington, DE 19801 Pacific Energy Resources Ltd., et al. (Debtor) 111 West Ocean Boulevard, Suite 1240 Long Beach, CA 90802 Office of the U.S. Trustee 601 Walnut St. Curtis Center, Suite 950 W. Philadelphia, PA 19106 Under penalty of perjury, I declare that the foregoing is true and correct. By: Kristi J. Doughty______ Kristi J. Doughty, Esq. (No. 3826) Whittington & Aulgur 651 N. Broad Street, Suite 206 Middletown, DE 19709 Chapter 11