On November 8, 2011, the Litigation Trust paid $15 million to Bank of America as the Agent for the working capital facility lenders as repayment in full of the loan the Trust received pursuant to the Debtors' Fourth Amended Plan of Reorganization approved by the Bankruptcy court on October 27, 2009.

On April 11, 2013, the Honorable Brendan L. Shannon, of the United States Bankruptcy Court for the District of Delaware, announced that he was granting partial summary judgment in favor of Cottonwood Partnership, L.L.P., Ritchie SG Holdings L.L.C., SGLP Holding, Ltd., and SGLP US Holding, L.L.C., on the Litigation Trust's constructive fraudulent transfer claims that were based on unreasonably small capital. This ruling effectively eliminated the Trust's claim arising from the August 2007 transfer as alleged in the complaint. The Litigation Trust's constructive fraudulent transfer claims based on insolvency arising from the February 2008 transfer as alleged in the complaint were tried before the Honorable Brendan L. Shannon on April 22 to April 24, 2011. Judge Shannon has taken the matter under submission and no judgment has been rendered. Further updates will be posted to the website once available.
In connection with the Kivisto settlement, on October 25, 2011, Judge Gregory M. Sleet, Chief, United States District Judge, District of Delaware, issued an order to Amend the Bankruptcy Court’s Order Approving the Settlement and to Dismiss PwC’s Appeal. The court’s Order was in response to a Joint Motion filed by Bettina M. Whyte, as the Trustee of the SemGroup Litigation Trust; the settling defendants, Thomas L. Kivisto, Gregory C. Wallace, Brent Cooper, Kevin L. Foxx, and Alex G. Stallings; and the objector PricewaterhouseCoopers LLP. A copy of the Order is attached. This will allow the Litigation Trust to receive the $30 million settlement proceeds and repay the senior lenders the $15 million that the senior lenders loaned to the Litigation Trust.