EXCO RESOURCES INC
SC 13D/A, 1998-08-24
CRUDE PETROLEUM & NATURAL GAS
Previous: EXCO RESOURCES INC, SC 13D, 1998-08-24
Next: TAX EXEMPT SECURITIES TRUST SERIES 38, 24F-2NT, 1998-08-24



<PAGE>   1


                                 UNITED STATES
                       SECURITIES AND EXCHANGE COMMISSION
                             Washington, D.C. 20549

                                  SCHEDULE 13D

                   Under the Securities Exchange Act of 1934
                               (Amendment No. 1)

                              EXCO RESOURCES, INC.
- --------------------------------------------------------------------------------
                                (Name of Issuer)

                     Common Stock, par value $.01 per share
- --------------------------------------------------------------------------------
                         (Title of Class of Securities)

                                  269279 20 4
              ------------------------------------------------
                                 (CUSIP Number)

                               William L. Boeing
                            Haynes and Boone, L.L.P.
                          901 Main Street, Suite 3100
                              Dallas, Texas  75202
                                 (214) 651-5553
- --------------------------------------------------------------------------------
         (Name, Address and Telephone Number of Person Authorized to
                     Receive Notices and Communications)

                                August 13, 1998
            -------------------------------------------------------
            (Date of Event which Requires Filing of this Statement)


If the filing person has previously filed a statement on Schedule 13G to report
the acquisition which is the subject of this Schedule 13D, and is filing this
schedule because of Rule 13d-1(b)(3) or (4), check the following box [ ].

Note:  Six copies of this statement, including all exhibits, should be filed
with the Commission.  See Rule 13d-1(a) for other parties to whom copies are to
be sent.

*The remainder of this cover page shall be filled out for a reporting person's
initial filing on this form with respect to the subject class of securities,
and for any subsequent amendment containing information which would alter
disclosures provided in a prior cover page.

The information required on the remainder of this cover page shall not be
deemed to be "filed" for the purpose of Section 18 of the Securities Exchange
Act of 1934 ("Act") or otherwise subject to the liabilities of that section of
the Act but shall be subject to all other provisions of the Act (however, see
the Notes).
<PAGE>   2
                                  SCHEDULE 13D

<TABLE>
 <S>                                                                                                  <C>   <C><C>   <C>
- ------------------------                                                         ------------------------------------------
 CUSIP No.  269279-20-4                                                                Page      2    of    5   Pages
                                                                                            ---------    -------     
- ------------------------                                                         ------------------------------------------

- -----------------------------------------------------------------------------------------------------------------------------
      1      NAME OF REPORTING PERSON
             S.S. OR I.R.S. IDENTIFICATION NO. OF ABOVE PERSON
       
                     Earl Ellis
- -----------------------------------------------------------------------------------------------------------------------------
      2      CHECK THE APPROPRIATE BOX IF A MEMBER OF A GROUP                                                  (a)  [ ]
                                                                                                               (b)  [ ]
       
- -----------------------------------------------------------------------------------------------------------------------------       
      3      SEC USE ONLY
       
- -----------------------------------------------------------------------------------------------------------------------------       
      4      SOURCE OF FUNDS
       
                     PF
- -----------------------------------------------------------------------------------------------------------------------------
      5      CHECK BOX IF DISCLOSURE OF LEGAL PROCEEDINGS IS REQUIRED PURSUANT TO ITEMS 2(d) OR 2(e)                [ ]
       
- -----------------------------------------------------------------------------------------------------------------------------       
      6      CITIZENSHIP OR PLACE OF ORGANIZATION
       
                     United States
- -----------------------------------------------------------------------------------------------------------------------------
            NUMBER OF               7       SOLE VOTING POWER
            SHARES                    
         BENEFICIALLY                         100,000(1)
           OWNED BY              --------------------------------------------------------------------------------------------     
             EACH                   8       SHARED VOTING POWER
           REPORTING                  
            PERSON                            0
             WITH                -------------------------------------------------------------------------------------------- 
                                    
                                    9       SOLE DISPOSITIVE POWER   
                                                                     
                                              100,000(1)             
                                 --------------------------------------------------------------------------------------------
                                    10      SHARED DISPOSITIVE POWER 
                                                                     
                                              0                      
- -----------------------------------------------------------------------------------------------------------------------------
              11               AGGREGATE AMOUNT BENEFICIALLY OWNED BY EACH REPORTING PERSON
                
                                  100,000(1)
- -----------------------------------------------------------------------------------------------------------------------------
              12               CHECK BOX IF THE AGGREGATE AMOUNT IN ROW (11) EXCLUDES CERTAIN SHARES                [ ]
                
- -----------------------------------------------------------------------------------------------------------------------------
              13               PERCENT OF CLASS REPRESENTED BY AMOUNT IN ROW (11)
                
                                  1.5% (voting, dispositive)
- -----------------------------------------------------------------------------------------------------------------------------
              14               TYPE OF REPORTING PERSON*
                
                                  IN
- -----------------------------------------------------------------------------------------------------------------------------
</TABLE>

(1)      The Reporting Person has acquired 50,000 shares of the Issuer's common
         stock, par value $.02 per share (the "Common Stock") for $6.00 per
         share pursuant to the exercise of rights issued to the Issuer's
         existing shareholders under the terms of the Issuer's Common Stock
         rights offering (the "Rights Offering").  The amount listed does not
         include 1,000 shares purchased by the Reporting Person as a gift to
         his wife or the 1,000 shares purchased by the Reporting Person as a
         gift to his daughter.  The Reporting Person has no beneficial
         ownership interest in the shares owned by his wife and daughter.  The
         amount listed also takes into account a two-for-one reverse stock
         split consummated by the Issuer in March, 1998.
<PAGE>   3
Item 1.  Security and Issuer.

         (a)     Title of Class of
                 Equity Securities:     Common Stock

         (b)     Name of Issuer:        EXCO Resources, Inc.

         (c)     Address of Issuer's
                 Principal Executive Offices:

                                        5735 Pineland Drive
                                        Suite 235
                                        Dallas, Texas 75231


Item 2.  Identity and Background.

         (a)     Name:            Earl Ellis

         (b)     Residence or
                 Business Address:      Benjamin Jacobson & Sons
                                        40 Wall Street
                                        New York, New York 10005


         (c)     Principal Business:    Present principal occupation or
                                        employment and the name, principal
                                        business address of any
                                        corporation in which such
                                        employment is conducted:  Senior LLC
                                        member, Benjamin Jacobson & Sons, 
                                        40 Wall Street, New York, New York 10005

         (d)     Criminal Convictions during the past five years:  None.

         (e)     Whether, during the past five years, he was a party to a civil
                 proceeding of a judicial or administrative body of competent
                 jurisdiction and as a result of such proceeding was or is
                 subject of a judgment, decree or final order enjoining future
                 violations of, or prohibiting or mandating activities subject
                 to federal or state securities laws or finding any violation
                 with respect to such laws:  None.

         (f)     United States.


Item 3.  Source and Amount of Funds or Other Consideration.

                 The shares of Common Stock acquired by the Reporting Person as
                 beneficial owner pursuant to the Rights Offering were acquired
                 with $300,000 in personal funds.  The Reporting Person also
                 purchased 1,000 shares of Common Stock for his wife and 1,000
                 shares of Common Stock for his daughter pursuant to the Rights
                 Offering with $12,000 in personal funds.





                                     - 2 -
<PAGE>   4
Item 4.  Purpose of the Transaction.

                 The Reporting Person acquired 50,000 shares of Common Stock
                 pursuant to the exercise of rights in the Rights Offering for
                 investment purposes only and purchased 2,000 shares of Common
                 Stock as gifts for his wife and daughter.


Item 5.  Interest in Securities of the Issuer.

(a) and (b):     See Items 7 through 11 on the cover page of this Amendment 
                 No. 1 to Schedule 13D.

(c)              Other than the purchase of 50,000 shares of Common Stock of
                 the Issuer reported herein and the purchase of 1,000 shares
                 for his wife and 1,000 shares for his daughter as described
                 herein, the Reporting Person has not engaged in any other
                 transaction in the Issuer's Common Stock.

(d)              Rights of others known by the undersigned to receive or direct
                 the receipt of dividends from, or the proceeds from the sale
                 of, the securities:  None.

(e)              The Reporting Person went below 5% beneficial ownership of the
                 Issuer as of August 13, 1998.


Item 6.  Contracts, Arrangements, Understandings or Relationships with Respect
                 to Securities of the Issuer.

                 None


Item 7.  Material to be Filed as Exhibits.

                 None





                                     - 3 -
<PAGE>   5
                                   SIGNATURE


         After reasonable inquiry and to the best of my knowledge and belief, I
certify that the information set forth in this statement is true, complete and
correct.

Dated:  August 24, 1998.


                                       /s/ EARL ELLIS
                                       -----------------------------------------
                                       EARL ELLIS


© 2022 IncJournal is not affiliated with or endorsed by the U.S. Securities and Exchange Commission