Exhibit 99.1
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
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| | X | | |
In re: | | : | | Chapter 11 |
| | : | | |
BB LIQUIDATING INC.,et al.1 | | : | | Case No: 10-14997 |
| | : | | |
Debtors. | | : | | Jointly Administered |
| | X | | |
Monthly Operating Report For
November 2011
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DEBTORS’ ADDRESS: | | 2100 Ross Avenue, 21st Floor |
| | Dallas, Texas 75201 |
| |
DEBTORS’ ATTORNEYS: | | Stephen Karotkin |
| | WEIL, GOTSHAL & MANGES LLP |
| | 767 Fifth Avenue |
| | New York, New York 10153 |
| | Telephone: (212) 310-8000 |
| | Facsimile: (212) 310-8007 |
| | -and- |
| | Martin A. Sosland (admitted pro hac vice) |
| | WEIL, GOTSHAL & MANGES LLP |
| | 200 Crescent Court, Suite 300 |
| | Dallas, Texas 75201 |
| | Telephone: (214) 746-7700 |
| | Facsimile: (214) 746-7777 |
This Monthly Operating Report (“MOR”) has been prepared solely for the purpose of complying with the monthly reporting requirements applicable in these chapter 11 cases and is in a format acceptable to the United States Trustee. The financial information contained herein is limited in scope and covers a limited time period. Moreover, such information is preliminary and unaudited, and is not prepared in accordance with generally accepted accounting principles (“GAAP”) in the United States.
I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the attached documents are true and correct to the best of my knowledge and belief.
| | | | |
/s/ Bruce Lewis | | | | 12/30/2011 |
Bruce Lewis | | | | |
Principal Executive Officer | | | | |
Blockbuster Inc. | | | | |
1 | The Debtors, together with the last four digits of each Debtor’s federal tax identification number, are: BB Liquidating Inc. (5102); BB Liquidating Canada Inc. (1269); BB Liquidating Digital Technologies Inc. (9222); BB Liquidating Distribution, Inc. (0610); BB Liquidating GC, Inc. (1855); BB Liquidating Global Services Inc. (3019); BB Liquidating International Spain Inc. (7615); BB Liquidating Investments LLC (6313); BB Liquidating Procurement LP (2546); BB Liquidating Video Italy, Inc (5068); BB Liquidating ML, LLC (5575); BB Liquidating Trading Zone Inc. (8588); and BB Liquidating B2 LLC (5219). |
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
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In re | | BB LIQUIDATING INC., et al. | | Case No. | | 10-14997 |
| | Debtor | | Reporting Period: | | November 2011 |
| | | |
| | | | Federal Tax I.D. # | | 52-1655102 |
CORPORATE MONTHLY OPERATING REPORT
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REQUIRED DOCUMENTS | | Form No. | | Document Attached | | Explanation Attached |
Schedule of Cash Receipts and Disbursements | | MOR-1 | | x | | |
Bank Reconciliation (or copies of debtor’s bank reconciliations) | | MOR-1 (CON’T) | | x | | |
Copies of bank statements | | MOR-1 (CON’T) | | | | x |
Cash disbursements journals | | MOR-1 (CON’T) | | x | | |
Statement of Operations | | MOR-2 | | x | | |
Balance Sheet | | MOR-3 | | x | | |
Status of Post-petition Taxes | | MOR-4 | | x | | |
Copies of IRS Form 6123 or payment receipt | | | | | | not applicable |
Copies of tax returns filed during reporting period | | | | | | not applicable |
Summary of Unpaid Post-petition Debts | | MOR-4 | | x | | |
Listing of Aged Accounts Payable | | | | | | x |
Accounts Receivable Reconciliation and Aging | | MOR-5 | | x | | |
Taxes Reconciliation and Aging | | MOR-5 | | x | | |
Payments to Insiders and Professionals | | MOR-6 | | x | | |
Post Petition Status of Secured Notes, Leases Payable | | MOR-6 | | x | | |
Debtor Questionnaire | | MOR-7 | | x | | |
| | | | | | |
In re | | BB LIQUIDATING INC., et al. | | Case No. | | 10-14997 |
| | Debtor | | Reporting Period: | | October 2011 |
SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS
(in millions)
| | | | | | | | |
| | November 2011 | | | YTD November 2011 | |
Cash flows from operating activities: | | | | | | | | |
Net income (loss) | | $ | (0.9 | ) | | $ | (201.8 | ) |
Adjustments to reconcile net income (loss) to net cash provided by (used in) operating activities: | | | | | | | | |
Depreciation and intangible amortization | | | — | | | | 39.4 | |
Rental library purchases | | | — | | | | (66.7 | ) |
Rental library amortization | | | — | | | | 113.3 | |
Loss on sale/disposal of store operations | | | — | | | | — | |
Impairment of long-lived assets | | | — | | | | 0.6 | |
Non-cash share-based compensation | | | — | | | | — | |
Gain on sale of store operations | | | — | | | | — | |
Deferred taxes and other | | | — | | | | 2.1 | |
Changes in operating assets and liabilities: | | | | | | | — | |
Change in receivables | | | — | | | | 13.1 | |
Change in merchandise inventories | | | — | | | | 44.2 | |
Change in prepaid and other assets | | | — | | | | 27.8 | |
Change in liabilities subject to compromise | | | (2.0 | ) | | | 227.1 | |
Change in accounts payable | | | 0.5 | | | | (139.3 | ) |
Change in accrued expenses and other liabilities | | | (0.1 | ) | | | (128.7 | ) |
| | | | | | | | |
Net cash provided by (used in) operating activities | | | (2.5 | ) | | | (68.9 | ) |
| | | | | | | | |
Cash flows from investing activities: | | | | | | | | |
Capital expenditures | | | — | | | | (5.1 | ) |
Change in reserve for Operating Period claims | | | — | | | | 28.1 | |
Proceeds from sale of store operations | | | — | | | | — | |
Other investing activities | | | — | | | | 3.4 | |
| | | | | | | | |
Net cash provided by (used in) investing activities | | | — | | | | 26.4 | |
| | | | | | | | |
Cash flows from sale of assets to DISH Network: | | | | | | | | |
Loss on Sale | | | — | | | | (582.8 | ) |
Change in rental library on sale | | | — | | | | 143.4 | |
Change in merchandise inventories on sale | | | — | | | | 56.2 | |
Change in receivables on sale | | | — | | | | 53.3 | |
Change in prepaid and other assets on sale | | | — | | | | 382.2 | |
Change in fixed assets on sale | | | — | | | | 87.2 | |
Change in restricted cash on sale | | | — | | | | — | |
| | | | | | | | |
Net cash provided by sale to Dish Network | | | — | | | | 139.5 | |
| | | | | | | | |
Cash flows from financing activities: | | | | | | | | |
Proceeds from DIP Financing | | | — | | | | — | |
Repayments on DIP Financing | | | — | | | | — | |
Repayments on senior secured notes | | | — | | | | (124.6 | ) |
Debt financing costs | | | — | | | | — | |
Capital lease payments | | | — | | | | (0.8 | ) |
| | | | | | | | |
Net cash provided by (used in) financing activities | | | — | | | | (125.4 | ) |
| | | | | | | | |
Effect of exchange rate changes on cash | | | — | | | | — | |
| | | | | | | | |
Net (decrease) increase in cash and cash equivalents | | | (2.5 | ) | | | (28.4 | ) |
Cash and cash equivalents at beginning of period | | | 40.3 | | | | 66.2 | |
| | | | | | | | |
Cash and cash equivalents at end of period | | | 37.8 | | | $ | 37.8 | |
| | | | | | | | |
| | | | | | |
In re | | BB LIQUIDATING INC., et al. | | Case No. | | 10-14997 |
| | Debtor | | Reporting Period: | | November 2011 |
BANK RECONCILIATIONS
Continuation Sheet for MOR-1
| | | | | | | | | | | | | | | | | | | | | | |
GL# | | Bank Name | | Bank Balance | | | Deposits & Transfers in Transit | | | Outstanding checks | | | Other Reconciling Items | | | GL Balance | |
Cash | | Bank of America | | $ | 40,025,434 | | | $ | — | | | $ | (2,292,562 | ) | | $ | — | | | $ | 37,732,872 | |
| | | | | | | | | | | | | | | | | | | | | | |
| | Total Cash & Cash Equivalents | | $ | 40,025,434 | | | $ | — | | | $ | (2,292,562 | ) | | $ | — | | | $ | 37,732,872 | |
| | | | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | |
Bank of America | | | | | | | | | | | | |
Dallas, Texas | | | | | | | | Statement date: 11/30/2011 | | | | |
| | | | |
| | Statement Period | | | 11/01/2011-11/30/2011 | | | Statement Beginning Balance | | | 43,203,784.16 | |
| | Number of Deposits /Credits | | | 2 | | | Amount of Deposits /Credits | | | 442,720.89 | |
| | Number of Checks | | | 239 | | | Amount of Checks | | | 3,370,942.00 | |
| | Number of Other Debits | | | 2 | | | Amount of Other Debits | | | 250,129.12 | |
| | | | | | | | Statement Ending Balance | | | 40,025,433.93 | |
* | The Debtors have submitted their bank statement to the United States Trustee. |
| | | | | | |
In re | | BB LIQUIDATING INC., et al. | | Case No. | | 10-14997 |
| | Debtor | | Reporting Period: | | November 2011 |
SCHEDULE OF CASH DISBURSEMENTS
(in millions)
Continuation Sheet for MOR-1
| | | | | | | | | | | | |
| | | | | November 2011 | | | | |
Cash Balance as of 10/31/11 | | | | | | | | | | $ | 40,280,227 | |
Cash disbursements during the period: | | | | | | | | | | | | |
April professional fees (as shown on MOR 6): | | | | | | | | | | | | |
Sidley Austin LLP | | | (1,636 | ) | | | | | | | | |
Kurtzman Carson Consultants | | | (61,594 | ) | | | | | | | | |
Cooley Godward Kronish LLP | | | (34,003 | ) | | | | | | | | |
Weil Gotshal | | | (149,211 | ) | | | | | | | | |
| | | | | | | | | | | | |
Total April professional fees | | | | | | | (246,444 | ) | | | | |
Contract labor: | | | | | | | | | | | | |
Legal | | | (4,500 | ) | | | | | | | | |
Claims administration | | | (3,500 | ) | | | | | | | | |
| | | | | | | | | | | | |
Total contract labor | | | | | | | (8,000 | ) | | | | |
Payments for Administrative Priority Expenses | | | | | | | (2,013,180 | ) | | | | |
Payments for property taxes | | | | | | | (64,064 | ) | | | | |
Payments for miscellaneous G&A | | | | | | | (215,667 | ) | | | | |
| | | | | | | | | | | | |
Total cash disbursements during the period | | | | | | | | | | | (2,547,355 | ) |
| | | | | | | | | | | | |
Cash Balance as of 11/30/11 | | | | | | | | | | $ | 37,732,872 | |
| | | | | | | | | | | | |
| | | | | | |
In re | | BB LIQUIDATING INC., et al. | | Case No. | | 10-14997 |
| | Debtor | | Reporting Period: | | November 2011 |
STATEMENT OF OPERATIONS(Income Statement)
(in millions)
| | | | | | | | |
| | November 2011 | | | YTD November 2011 | |
Revenues: | | | | | | | | |
Base rental revenues | | $ | — | | | $ | 303.5 | |
Previously rented product (“PRP”) revenues | | | — | | | | 140.2 | |
| | | | | | | | |
Total rental revenues | | | — | | | | 443.7 | |
Merchandise sales | | | — | | | | 63.0 | |
Other revenues | | | — | | | | 12.6 | |
| | | | | | | | |
Total Revenue | | | — | | | | 519.3 | |
| | | | | | | | |
Cost of sales: | | | | | | | | |
Cost of rental revenues | | | — | | | | 175.9 | |
Cost of merchandise sold | | | — | | | | 68.7 | |
| | | | | | | | |
Total cost of sales | | | — | | | | 244.6 | |
| | | | | | | | |
Gross profit | | | — | | | | 274.7 | |
| | | | | | | | |
Operating expenses: | | | | | | | | |
General and administrative | | | 0.9 | | | | 461.8 | |
Advertising | | | — | | | | 5.5 | |
Depreciation and intangible amortization | | | — | | | | 39.4 | |
Impairment of goodwill and other long-lived assets | | | — | | | | 0.6 | |
| | | | | | | | |
Total Operating Expenses | | | 0.9 | | | | 507.3 | |
| | | | | | | | |
Operating income (loss) | | | (0.9 | ) | | | (232.6 | ) |
Interest expense | | | — | | | | 0.6 | |
Interest income | | | — | | | | (0.1 | ) |
Other items, net | | | — | | | | (1.4 | ) |
| | | | | | | | |
Income (loss) from continuing operations before reorganization items and income taxes | | | (0.9 | ) | | | (233.5 | ) |
Reorganization items, net (income)/loss | | | — | | | | (46.9 | ) |
(Benefit)/provision for income taxes | | | — | | | | 1.0 | |
Equity in (income)/loss of non-debtor subsidiaries | | | — | | | | 14.7 | |
| | | | | | | | |
Income (loss) from continuing operations | | | (0.9 | ) | | | (202.3 | ) |
(Loss) from sale of assets to DISH Network | | | — | | | | (582.8 | ) |
Income (loss) from discontinued operations, net of tax | | | — | | | | — | |
| | | | | | | | |
Net income (loss) | | | (0.9 | ) | | | (785.1 | ) |
Preferred stock dividends | | | — | | | | — | |
| | | | | | | | |
Net income (loss) applicable to common stockholders | | $ | (0.9 | ) | | $ | (785.1 | ) |
| | | | | | | | |
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In re | | BB LIQUIDATING INC., et al. | | Case No. | | 10-14997 |
| | Debtor | | Reporting Period: | | November 2011 |
BALANCE SHEET
(in millions)
| | | | |
| | As of 11/30/2011 | |
Assets | | | | |
Current assets: | | | | |
Cash and cash equivalents | | $ | 37.7 | |
Reserve for Operating Period claims | | | 7.5 | |
Merchandise inventories | | | — | |
Rental library, net | | | — | |
Prepaid and other current assets | | | — | |
| | | | |
Total current assets | | | 45.2 | |
Property and equipment, net | | | — | |
Deferred income taxes | | | — | |
Investment in non-debtor subsidiaries | | | — | |
Intangibles, net | | | — | |
Restricted cash | | | — | |
Other assets | | | — | |
| | | | |
Total Assets | | $ | 45.2 | |
| | | | |
Liabilities and Stockholders’ Equity (Deficit) | | | | |
Current liabilities: | | | | |
Accounts payable | | $ | 4.1 | |
Accrued expenses | | | 0.5 | |
Debtor-in-possession loan | | | — | |
Deferred income taxes | | | — | |
| | | | |
Total current liabilities | | | 4.6 | |
Other liabilities | | | — | |
| | | | |
Total Liabilities before LSTC | | | 4.6 | |
Liabilities subject to compromise | | | 1,351.5 | |
| | | | |
Total Liabilities | | | 1,356.1 | |
| | | | |
Total stockholders’ equity (deficit) | | | (1,310.9 | ) |
| | | | |
Total Liabilities and Stockholders’ Equity (Deficit) | | $ | 45.2 | |
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In re | | BB LIQUIDATING INC., et al. | | Case No. | | 10-14997 |
| | Debtor | | Reporting Period: | | November 2011 |
STATUS OF POST-PETITION TAXES
| | | | | | | | | | | | | | | | |
Federal | | Beginning Tax | | | Amount Withheld and/or Accrued | | | Amount Paid | | | Ending Tax | |
Withholding | | $ | — | | | $ | — | | | $ | — | | | $ | — | |
FICA-Employee | | | — | | | | — | | | | — | | | | — | |
FICA-Employer | | | — | | | | — | | | | — | | | | — | |
Unemployment | | | — | | | | — | | | | — | | | | — | |
Income | | | — | | | | — | | | | — | | | | — | |
Other: | | | | | | | — | | | | — | | | | | |
Total Federal Taxes | | | — | | | | — | | | | — | | | | — | |
State and Local | | | | | | | | | | | | | | | | |
Withholding | | | — | | | | — | | | | — | | | | — | |
Sales | | | — | | | | — | | | | — | | | | — | |
Excise | | | | | | | — | | | | — | | | | | |
Unemployment | | | — | | | | — | | | | — | | | | — | |
Real Property* | | | — | | | | — | | | | — | | | | — | |
Personal Property* | | | 545,999 | | | | — | | | | (64,064 | ) | | | 481,935 | |
Other: Income/Franchise | | | — | | | | — | | | | — | | | | — | |
Total State and Local | | | 545,999 | | | | — | | | | (64,064 | ) | | | 481,935 | |
| | | | | | | | | | | | | | | | |
Total Taxes | | $ | 545,999 | | | $ | — | | | $ | (64,064 | ) | | $ | 481,935 | |
| | | | | | | | | | | | | | | | |
SUMMARY OF UNPAID POST-PETITION DEBTS
Attach aged listing of accounts payable.
| | | | | | | | | | | | | | | | | | | | | | | | |
| | Number of Days Past Due | |
DESCRIPTION | | Current | | | 0-30 | | | 31-60 | | | 61-90 | | | Over 91 | | | Total | |
AP - Product | | $ | — | | | $ | — | | | $ | — | | | $ | — | | | $ | — | | | $ | — | |
AP - Legal & Professional Fees | | | 481,935 | | | | — | | | | — | | | | — | | | | — | | | | 481,935 | |
AP - Other | | | — | | | | — | | | | — | | | | — | | | | — | | | | — | |
| | | | | | | | | | | | | | | | | | | | | | | | |
TOTAL POST-PETITION DEBTS | | $ | 481,935 | | | $ | — | | | $ | — | | | $ | — | | | $ | — | | | $ | 481,935 | |
| | | | | | | | | | | | | | | | | | | | | | | | |
* | The Real Property and Personal Property taxes are considered “postpetition” based off of when the payment is assessed by the taxing authority. |
The detail of the AP - Legal and Professional Fees can be seen on MOR-6. The bar date of 6/15/11 for administrative claims required all other AP to be reclassified to liabilities subject to compromise.
The Debtors did not file Form 6123 during this period.
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In re | | BB LIQUIDATING INC., et al. | | Case No. | | 10-14997 |
| | Debtor | | Reporting Period: | | November 2011 |
ACCOUNTS RECEIVABLE RECONCILIATION AND AGING
| | | | |
Accounts Receivable Reconciliation | | Amount | |
Total Accounts Receivable at the beginning of the reporting period | | $ | — | |
Plus: Amounts billed during the period | | | — | |
Less: Amounts collected during the period | | | — | |
Less: Amounts written off during the period | | | — | |
Less: Amounts reserved during the period | | | — | |
Change in store accounts receivable, net | | | — | |
Accounts Receivables sold to DISH Network | | | — | |
| | | | |
Total Accounts Receivable at the end of the reporting period | | $ | — | |
| | | | |
| | | | |
Accounts Receivable Aging | | 9/30/2011 | |
0 - 30 days old | | $ | — | |
31 - 60 days old | | | — | |
61 - 90 days old | | | — | |
91 - 120 days old | | | — | |
121+ days old | | | — | |
Total Aged Accounts Receivable | | | — | |
Store Accounts Receivable | | | — | |
Total Accounts Receivable | | | — | |
Less: Bad Debts (Amount considered uncollectible) | | | — | |
| | | | |
Net Accounts Receivable*** | | $ | — | |
| | | | |
TAXES RECONCILIATION AND AGING
| | | | | | | | | | | | | | | | | | | | | | | | |
Taxes Payable | | Current | | | 1-30 Days | | | 31-60 Days | | | 61-90 Days | | | 91+ Days | | | Total | |
Federal | | $ | — | | | $ | — | | | | | | | | | | | | | | | $ | — | |
State and Local | | | —�� | | | | | | | | | | | | | | | | | | | | — | |
Other | | | 481,935 | | | | — | | | | | | | | | | | | | | | | 481,935 | |
| | | | | | | | | | | | | | | | | | | | | | | | |
Total Taxes Payable | | $ | 481,935 | | | $ | — | | | $ | — | | | $ | — | | | $ | — | | | $ | 481,935 | |
| | | | | | | | | | | | | | | | | | | | | | | | |
| | | | | | |
In re | | BB LIQUIDATING INC., et al. | | Case No. | | 10-14997 |
| | Debtor | | Reporting Period: | | November 2011 |
PAYMENTS TO INSIDERS AND PROFESSIONALS
| | | | | | |
INSIDERS |
NAME | | TYPE OF PAYMENT | | AMOUNT PAID | | TOTAL PAID TO DATE |
(1) NONE | | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
| | | | | | |
TOTAL PAYMENTS TO INSIDERS | | | | | | |
(1) | No payments other than ordinary wages and benefits occurred during the reporting period. |
| | | | | | | | | | | | | | | | | | | | |
PROFESSIONALS | |
NAME | | DATE OF COURT ORDER AUTHORIZING PAYMENT | | | AMOUNT APPROVED | | | AMOUNT PAID November 2011 | | | TOTAL PAID TO DATE | | | TOTAL INCURRED & UNPAID* | |
SIDLEY AUSTIN LLP (1) | | | 9/27/2010 | | | $ | 3,552,286 | | | $ | 1,636 | | | $ | 3,545,697 | | | $ | 6,589 | |
JEFFERIES & COMPANY INC (1) | | | 9/27/2010 | | | | 1,550,496 | | | | — | | | | 1,550,496 | | | | — | |
ALVAREZ & MARSAL NORTH AMERICA LLC (3) | | | 10/27/2010 | | | | 5,583,044 | | | | — | | | | 5,113,678 | | | | 469,366 | |
ROTHSCHILD INC (3) | | | 11/2/2010 | | | | 3,205,405 | | | | — | | | | 3,205,405 | | | | — | |
KURTZMAN CARSON CONSULTANTS LLC (3) | | | 9/23/2010 | | | | 4,295,204 | | | | 61,594 | | | | 4,174,943 | | | | 120,261 | |
DJM ASSET MANAGEMENT LLC (3) | | | 11/23/2010 | | | | 150,000 | | | | — | | | | 150,000 | | | | — | |
RETAIL REGROUP INC (3) | | | 11/23/2010 | | | | 150,000 | | | | — | | | | 150,000 | | | | — | |
DELOITTE TAX LLP (3) | | | 11/9/2010 | | | | 583,711 | | | | — | | | | 467,248 | | | | 116,463 | |
SKADDEN ARPS SLATE MEAGHER & FLOM LLP (1) | | | 9/27/2010 | | | | 211,440 | | | | — | | | | 211,440 | | | | — | |
KORN/FERRY INTERNATIONAL (3) | | | 11/10/2010 | | | | 142,132 | | | | — | | | | 142,132 | | | | — | |
COOLEY GODWARD KRONISH LLP (2) | | | 11/23/2010 | | | | 2,784,548 | | | | 34,003 | | | | 2,214,062 | | | | 570,486 | |
FTI CONSULTING (2) | | | 12/2/2010 | | | | 909,331 | | | | — | | | | 718,563 | | | | 190,768 | |
BLOODWORTH CARROLL & BANOWSKY PC (3) | | | 11/23/2010 | | | | 164,395 | | | | — | | | | 131,516 | | | | 32,879 | |
RAY & GLICK LTD. (3) | | | 11/23/2010 | | | | 959,250 | | | | — | | | | 767,400 | | | | 191,850 | |
CHAIKEN LEGAL GROUP PC (3) | | | 11/23/2010 | | | | 350,055 | | | | — | | | | 280,044 | | | | 70,011 | |
SHEPPARD MULLIN (1) | | | 9/27/2010 | | | | 327,327 | | | | — | | | | 327,327 | | | | — | |
WEIL GOTSHAL (3) | | | 10/27/2010 | | | | 8,043,942 | | | | 149,211 | | | | 6,234,569 | | | | 1,809,373 | |
PRICEWATERHOUSE COOPERS (3) | | | 2/8/2011 | | | | 1,811,368 | | | | — | | | | 1,478,461 | | | | 332,907 | |
DELOITTE FINANCIAL ADVISORY (3) | | | 2/8/2011 | | | | 363,993 | | | | — | | | | 288,837 | | | | 75,156 | |
ERNST & YOUNG (3) | | | 4/4/2011 | | | | 524,806 | | | | — | | | | 416,514 | | | | 108,292 | |
| | | | | | | | | | | | | | | | | | | | |
TOTAL PAYMENTS TO PROFESSIONALS | | | | | | $ | 35,662,733 | | | $ | 246,444 | | | $ | 31,568,332 | | | $ | 4,094,401 | |
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* | INCLUDE ALL FEES INCURRED, BOTH APPROVED AND UNAPPROVED |
(1) | Fees paid pursuant to the DIP Financing Order for professionals of the DIP lenders and DIP Agent. |
(2) | Fees for professionals retained to represent Unsecured Creditors’ Committee |
(3) | Fees for professionals retained to represent BB Liquidating Inc. |
POST-PETITION STATUS OF SECURED NOTES, LEASES PAYABLE
AND ADEQUATE PROTECTION PAYMENTS
| | | | | | | | | | | | |
NAME OF CREDITOR | | SCHEDULED MONTHLY PAYMENT DUE | | | AMOUNT PAID DURING MONTH | | | TOTAL UNPAID POST- PETITION | |
DIP Financing | | $ | — | | | $ | — | | | $ | — | |
DIP Interest | | | | | | | — | | | | — | |
Leases Payable | | | — | | | | — | | | | — | |
Adequate Assurance Payments - Utilities | | | — | | | | — | | | | — | |
Adequate Assurance Payments - Insurance | | | — | | | | — | | | | — | |
| | | | | | | | | | | | |
TOTAL PAYMENTS | | | | | | $ | — | | | | | |
| | | | | | | | | | | | |
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In re | | BB LIQUIDATING INC., et al. | | Case No. | | 10-14997 |
| | Debtor | | Reporting Period: | | November 2011 |
DEBTOR QUESTIONNAIRE
| | | | | | |
| | Must be completed each month. If the answer to any of the questions is “Yes”, provide a detailed explanation of each item. Attach additional sheets if necessary. | | Yes | | No |
1 | | Have any assets been sold or transferred outside the normal course of business this reporting period? | | | | X |
2 | | Have any funds been disbursed from any account other than a debtor in possession account this reporting period? | | | | X |
3 | | Is the Debtor delinquent in the timely filing of any post-petition tax returns? | | | | X |
4 | | Are workers compensation, general liability or other necessary insurance coverage expired or cancelled, or has the debtor received notice of expiration or cancellation of such policies? | | X | | |
5 | | Is the Debtor delinquent in paying any insurance premium payment? | | | | X |
6 | | Have any payments been made on pre-petition liabilities this reporting period? | | | | X |
7 | | Are any post petition receivables (accounts, notes or loans) due from related parties? | | | | X |
8 | | Are any post petition payroll taxes past due? | | | | X |
9 | | Are any post petition State or Federal income taxes past due? | | | | X |
10 | | Are any post petition real estate taxes past due? | | | | X |
11 | | Are any other post petition taxes past due? | | | | X |
12 | | Have any pre-petition taxes been paid during this reporting period? | | | | X |
13 | | Are any amounts owed to post petition creditors delinquent? | | | | X |
14 | | Are any wage payments past due? | | | | X |
15 | | Have any post petition loans been received by the Debtor from any party? | | | | X |
16 | | Is the Debtor delinquent in paying any U.S. Trustee fees? | | | | X |
17 | | Is the Debtor delinquent with any court ordered payments to attorneys or other professionals? | | | | X |
18 | | Have the owners or shareholders received any compensation outside of the normal course of business? | | | | X |
| | |
4 | | The Debtors have only one employee and are not required to maintain workers compensation insurance. |