Has there been any CHANGES IN THE NATURE OF YOUR BUSINESS since the last reporting period? YesNo X . If yes, explain below:
5. Are all BUSINESS LICENSES current? YesNo _XNot Applicable
The Company is currently on a monthly payment plan with the County of Fairfax, Virginia for payment of the business license renewal.
6. PRE-PETITION ACCOUNTS RECEIVABLE:
Beginning Balance
$
94,678.31
Collected this Period
$
0.00
Ending Balance
$
94,678.31
7. POST -PETITION ACCOUNTS RECEIVABLE:
0-30 Days:$ 50,526.94 31-60 Days:$177,259.62 Over 60 Days:$ 11,828.20
If there arepost-petition accounts receivable over 60 days, provide a schedule giving a listing of such accounts and explain the delinquencies.
Customer Name
Amount
Comment
Beijing Novog Technology
$
5,779.90
Prompt payment has been requested.
Best Buy
$
320.00
Paid in November
Federal Express
$
1,774.40
Paid in November
Flight Deck Resources
$
100.00
Prompt payment has been requested.
MSGI Security
$
94.90
Short payment of invoice by insufficient funds on
credit card; account sent to collections.
MSGI Security
$
3,227.00
Insufficient funds on credit card; account sent
to collections.
Oilstop
$
380.00
Paid in November
Walt Disney World Co.
$
152.00
Prompt payment has been requested.
TOTAL Bal > 60 days
$
11,828.20
8. POST –PETITION ACCOUNTS PAYABLE:
0-30 Days:$ 210,782.34 31-60 Days:$ 110,376.33 Over 60 Days:$ 12,500.00
If there are anypost-petition Accounts Payable over 30 days, provide Schedule AP giving a listing of such accounts and explain the delinquencies.
Payee
Amount
Comment
County of Fairfax
$
11,381.33
Payment plan in place
Dilenshneider Group
$
7,500.00
Disputed
DT Research
$
98,995.00
Not due per terms of agreement, paid in Nov.
Donlin, Recano & Co.
$
5,000.00
Paid in November
TOTAL BAL>30 days
$
122,876.33
9.
TAXES. Are all taxes being paid to the proper taxing authorities when due? Yes _XNo. On the attached IRS Form 6123 report all tax deposits made with any financial institution for federal employment taxes. Be sure the form is complete and signed by an authorized employee of the receiving institution or taxing authority. Attach to this report a completed Form 6123 for each deposit made during the reporting period. Also attach copies of the monthly sales tax report, payroll tax report and unemployment tax report with evidence of payment of both federal and state taxes.
NOTE: Due to limited funding, the debtor had not been able to retain a tax accountant for preparation of both the 2004 and 2005 federal and state tax returns. The Company has now retained a tax accountant and the 2004 tax returns were completed and filed in October 2006. The 2005 federal and state returns were completed, and will be filed in November 2006.
10.
ESCROW ACCOUNTS. Are you utilizing your tax account only for deposit and payment of payroll and sales taxes? Yes _X_ NoIf no, explain:
11.
Are all BOOKS AND RECORDS of the debtor(s) being maintained monthly and are all current? Yes _X_, NoIf no, explain:
NOTE: Due to lack of review by independent auditors, the Company’s Balance Sheet and Income Statement may require adjustments in the future to conform with generally accepted accounting principles. The Monthly Operating Reports are in a format prescribed by applicable bankruptcy law that is generally consistent, but not in full conformity, with generally accepted accounting principles.
13.ACTIONS OF DEBTOR. During the last month, did the debtor:
(A) Fail to defend or not oppose any action seeking to dispossess the debtor from contro1 or custody of any asset of the estate? YesNo _Xif yes, explain:
(B) Maintain such stock inventory, raw materials, insurance, employees and other resources as are necessary to preserve and maintain the going concern value of the assets of the debtor? Yes _X_ Noif no, explain:
14.
TRANSFER OR SALE OF PROPERTY. Did the debtor or any person with control over any of the debtor’s assets transfer, convey or abandon any of the debtor’s assets to another party during the period of this report other than as set forth herein (including sales by creditors)?
YesNo _Xif yes, explain:
15.
PAYMENT TO SECURED CREDITORS during reporting period:
Frequency of
Payments per
Amount of
Each
Creditor
Contract (mo. Qtr)
Payment
Next Payment Due
Post-Petition Pmts. No Made
No.
Amount
East River Capital, LLC
Monthly fee
$5,000.00 (10/2/06)
11/1/06
1
$
5,000.00
16.
PAYMENTS TO PROFESSIONALS (Attorneys, Accountants, Real Estate Agents, Auctioneers, Appraisers, etc., during reporting period:
Professional
Service
Amount
17. QUARTERLY U.S. TRUSTEE FEES paid during reporting period: $0.00
18. VERIFICATION: I declare under penalty of perjury that the information contained in this monthly operating report (including attached schedules) is true and correct to the best of my knowledge, information and belief.
Dated:November 28, 2006DEBTOR-IN-POSSESSION
Signature:
/s/ Perry L. Nolen
Xybernaut Corporation
Name/Title:
Perry L. Nolen, CEO/President
5175 Parkstone Drive
Address:
5175 Parkstone Drive
Suite 130
Suite 130
Chantilly, VA 20151
Chantilly, VA 20151
703-480-0480
1
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION
)
)
)
In re:
)
XYBERNAUT CORPORATION,
)
Case No. 05-12801 RGM
Debtor.
)
Chapter 11
Cash Disbursements Summary Report
Calendar Month EndingOctober 31, 2006
Total Disbursements from Operating Account
(See Note 1) $173,703.49
Total Disbursements from Payroll Account
(See Note 2) $102,971.15
Total Disbursements from Tax Escrow Account
(See Note 3) $0.00
Total Disbursements from any other Account
(See Note 4) $0.00
Grand Total Disbursements from all Accounts
$
276,674.64
(1) Xybernaut has only 1 bank account for Operations and Payroll – amounts listed separately for information purposes only.
Note 1 — Include in this amount all checks written, wire transfers made from, or any other withdrawal from the general operating account. Exclude only transfers to the debtor-in-possession payroll account, the debtor-in-possession account tax escrow account or other debtor in possession account where the disbursements will be listed on this report.
Note 2 — Include in this amount all checks written, wire transfers made from, or any other withdrawal from the payroll account. Exclude only transfers to the debtor-in-possession operating account, the debtor- in-possession tax escrow account or other debtor-in-possession account where the disbursements will be listed on this report.
Note 3 — Include in this amount all checks written, wire transfers made from, or any other withdrawal from the tax escrow account. Exclude only, transfers to the debtor-in-possession operating account, the debtor-in-possession payroll account or other debtor-in-possession account where the disbursements will be listed on this report.
Note 4 — Include in this amount any other disbursements made by the debtor including (but not limited to) cash paid from a petty cash fund or cash register, amounts paid from any other debtor-in-possession account, and amounts paid from the accounts of others on the debtors behalf (for example disbursements made from a law firm’s escrow account as a result of a sale of property.)
2
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION
In re: XYBERNAUT CORPORATION, Debtor.
) )
Case No. 05-12801 RGM Chapter 11
MONTHLY OPERATING REPORT BALANCE SHEET (Business Debtor, Accrual Basis) As of October 31, 2006
ASSETS
Current assets:
Cash
$
36,788
Petty Cash
55
Restricted cash
—
Pre-petition accounts receivable
94,678
Post-petition accounts receivable
239,614
Less accounts receivable other and reserves
(499,865
)
Inventory
791,575
Prepaid and other current assets
744,772
Due to / due from accounts less reserve
593,496
Due to / due from Xybernaut Solutions Inc.
(1,279,854
)
Total current assets
$
721,259
Fixed assets:
Property and equipment
$
1,875,762
Less: accumulated depreciation
(1,820,649
)
Total fixed assets
55,113
Other assets:
Investment in subsidiaries
$
605,584
Patents, net
536,117
Trademarks, net
8,044
Other
123,947
Total other assets
1,273,692
TOTAL ASSETS
$
2,050,064
LIABILITIES AND EQUITY
Post-Petition Liabilities:
Accounts payable
333,659
Accrued DIP loan payable
2,659,489
Accrued Premium on DIP loan payable
1,797,890
Deferred Product and Warranty Revenue
68,027
Accrued Professional fees
4,847,018
Accrued Purchases
82,858
Salaries/Commissions Payable
93,852
Total Post-petition liabilities
$
9,882,793
Pre-Petition Liabilities:
Priority Claims
105,810
Unsecured Debt
1,588,318
Accrued expenses
197,457
Total Pre-petition liabilities
1,891,585
Total liabilities
$
11,774,378
Shareholders’ equity:
Common stock
1,946,209
Additional paid-in capital
183,745,591
Cumulative translation adjustment
38,695
Accum. other comprehensive income (XSI)
37,130
Retained earnings, beginning
(171,411,927
)
Current Retained Earnings – Pre-petition
(10,953,998
)
Current Retained Earnings – Post-petition
(13,126,014
)
Total shareholders’ equity
($9,724,314
)
TOTAL LIABILITIES AND EQUITY
$
2,050,064
3 •
IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF VIRGINIA ALEXANDRIA DIVISION
In re: XYBERNAUT CORPORATION, Debtor.
) ) )
Case No. 05-12801 RGM Chapter 11
MONTHLY OPERATING REPORT INCOME STATEMENT (Business Debtor, Accrual Basis) Calendar MonthOctober 1, 2006 to October 31, 2006 (All figures refer to post-petition transactions)
Month
Year-to-date 2006
Revenue:
Hardware
$
53,221
$
1,601,746
Services
17,097
266,574
Total revenue
$
70,318
$
1,868,320
Cost of sales:
Beginning inventory
$
1,399,298
$
2,551,215
Purchase of inventory / transfers
22,021
727,934
Less ending inventory
(1,331,819
)
(1,331,819
)
Purchased goods and services
9,811
95,768
Total cost of sales
$
99,311
$
2,043,098
Gross profit
($28,993
)
($174,778
)
Operating expenses:
Officer’s salaries (gross)
$
32,917
$
422,083
Other employee salaries (gross)
64,138
946,252
Employee benefits (insurance, eb plan, taxes)
11,359
184,503
Depreciation & amortization
9,828
331,502
Corporate meetings / entertainment
—
4,670
Insurance
6,046
216,608
Interest (mortgage, loans, etc.)
—
4,553
Premium on DIP loan payable (ERC)
84,168
1,797,890
Interest on DIP loan payable (ERC)
55,843
282,866
Settlement (LC Fund DIP Loan)
—
300,000
Professional fees (attorney, accountant )
70,730
3,772,383
Rent and leases
10,683
128,376
Repairs and maintenance
212
1,345
Supplies, dues & subscriptions
—
6,618
Taxes
9,512
28,322
Telephone
1,752
34,031
Travel
10,575
123,336
U.S. Trustee quarterly fee
3,750
17,500
Internet / website
1,486
20,362
Office expense
2,988
29,117
Postage
—
—
Printing
—
706
Public company expense
1,187
28,519
Equipment
4,608
52,614
Courier/overnight
377
8,769
Customer support
—
1,000
Office move
—
18,721
Total operating expenses
$
382,159
$
8,762,646
Net loss
($411,152
)
($8,937,424
)
NOTE:
Accrual basis reporters must attach Cash Reconciliation Reports or a standard Statement of Sources and Uses of Cash to this Report.
Amounts shown represent payroll activity for the month of September that occurred
Payroll
Tax
in the combined Operating/Payroll acct.
Account
Account
(A) Beginning Cash Balance (A)
—
Cash Receipts:
$
102,971.15
—
Transfers from Operating Account
—
—
Transfers from Payroll Account
—
—
Other — ___________________________________
—
—
(B) Total Cash Receipts (B)
—
—
$
102,971.15
(C) Cash Available (C= A+B)
$
4,383.41
Cash Disbursements:
—
Gross Payroll for this period $97,544.24
$
65,864.13
Employee Benefits paid
$
4,955.63
Net Payroll Paid
—
Transfers to Tax Account
$
4,955.63
Taxes deposited or paid during period
—
—
Employee’s share of FICA Tax
$
18,239.81
—
Employer’s share of FICA Tax
—
—
Employee’s Federal Income Tax
$
3,976.57
—
Employee’s State Income Tax
—
—
Unemployment Tax
$
0.00
—
Unrecorded Bank Service Charges
—
—
Other: ____________________________
$
595.97
—
(D) Total Disbursements (D)
$
102,971.15
—
(E) Ending Cash Balance (E= C-D)
__$0__________
—
(F) Balance per Bank Statement (F)
__$0__________
—
(G) Less Outstanding Checks (G)
—
—
(H) Add Deposits in Transit
—
—
(I) Reconciled Bank Balance {I = (F-G) +H]
_ $0__________
—
Ending Cash Balance (E) and Reconciled Bank Balance (I) should equal.
5
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