UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
In re: Large Scale Biology (Vacaville) | Case No. | 06-20046-A-11 | |
| | _______________ | |
| CHAPTER 11 |
| MONTHLY OPERATING REPORT |
| (GENERAL BUSINESS CASE) |
SUMMARY OF FINANCIAL STATUS
MONTH ENDED: | Jan-06 | | PETITION DATE: | 01/09/06 | |
1. | Debtor in possession (or trustee) hereby submits this Monthly Operating Report on the Accrual Basis of accounting (or if checked here the Office of the U.S. Trustee or the Court has approved the Cash Basis of Accounting for the Debtor). Dollars reported in $1 |
2. Asset and Liability Structure | | End of Current Month | | End of Prior Month | | As of Petition Filing | |
a. Current Assets | | $ | 22,221,120 | | | | | | | |
b. Total Assets | | $ | 25,209,293 | | | | | $ | 26,046,595 | |
c. Current Liabilities | | $ | 889,819 | | | | | | | |
d. Total Liabilities | | $ | 12,996,589 | | | | | $ | 13,019,072 | |
3. Statement of Cash Receipts & Disbursements for Month | | Current Month | | Prior Month | | Cumulative (Case to Date) | |
a. Total Receipts | | $ | 104,768 | | | | | $ | 0 | |
b. Total Disbursements | | $ | 69,263 | | | | | $ | 0 | |
c. Excess (Deficiency) of Receipts Over Disbursements (a - b) | | $ | 35,505 | | $ | 0 | | $ | 0 | |
d. Cash Balance Beginning of Month | | $ | 23,236 | | | | | $ | 0 | |
e. Cash Balance End of Month (c + d) | | $ | 58,741 | | $ | 0 | | $ | 0 | |
| | Current Month | | Prior Month | | Cumulative (Case to Date) | |
4. Profit/(Loss) from the Statement of Operations | | $ | (66,496 | ) | | | | | | |
5. Account Receivables (Pre and Post Petition) | | $ | (10,492 | ) | | | | | | |
6. Post-Petition Liabilities | | $ | 889,819 | | | | | | | |
7. Past Due Post-Petition Account Payables (over 30 days) | | $ | 0 | | | | | | | |
At the end of this reporting month: | | Yes | | No | |
8. Have any payments been made on pre-petition debt, other than payments in the normal | | | | | | X | |
course to secured creditors or lessors? (if yes, attach listing including date of payment, amount of payment and name of payee) | | | | | | | |
9. Have any payments been made to professionals? (if yes, attach listing including date of | | | | | | X | |
payment, amount of payment and name of payee) | | | | | | | |
10. If the answer is yes to 8 or 9, were all such payments approved by the court? | | | | | | | |
11. Have any payments been made to officers, insiders, shareholders, relatives? (if yes, | | | | | | X | |
attach listing including date of payment, amount and reason for payment, and name of payee) | | | | | | | |
12. Is the estate insured for replacement cost of assets and for general liability? | | | X | | | | |
13. Are a plan and disclosure statement on file? | | | pending | | | | |
14. Was there any post-petition borrowing during this reporting period? | | | | | | X | |
15. Check if paid: Post-petition taxes ___ ; U.S. Trustee Quarterly Fees x ; Check if filing is current for: Post-petition tax reporting and tax returns: x
(Attach explanation, if post-petition taxes or U.S. Trustee Quarterly Fees are not paid current or if post-petition tax reporting and tax return filings are not current.)
I declare under penalty of perjury I have reviewed the above summary and attached financial statements, and after making reasonable inquiry believe these documents are correct.
Date: | 2/22/06 | | /s/ Ronald Artale |
| | | Responsible Individual |
| | | |
STATEMENT OF OPERATIONS
(General Business Case)
For the Month Ended 01/31/06
Current Month | | | | | | | | | |
Actual | | Forecast | | Variance | | | | | | | | Next Month Forecast | |
| | | | | | | | | | | | | Revenues: | | | | | | | |
| | | | | | $ | 0 | | | 1 | | | Gross Sales | | | | | $ | 7,138 | |
| | | | | | $ | 0 | | | 2 | | | less: Sales Returns & Allowances | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 3 | | | Net Sales | | $ | 0 | | $ | 7,138 | |
$ | 0 | | | | | $ | 0 | | | 4 | | | less: Cost of Goods Sold (Schedule 'B') | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 5 | | | Gross Profit | | $ | 0 | | $ | 7,138 | |
$ | 398 | | | | | $ | 398 | | | 6 | | | Interest | | | | | | | |
| | | | | | $ | 0 | | | 7 | | | Other Income: | Grants | | | | | $ | 129,435 | |
| | | | | | $ | 0 | | | 8 | | | Other Receipts | | | | | | | |
$ | 25,000 | | $ | 25,000 | | $ | 0 | | | 9 | | | License Fee | | | | | $ | 100,000 | |
| | | | | | | | | | | | | | | | | | | | |
$ | 25,398 | | $ | 25,000 | | $ | 398 | | | 10 | | | Total Revenues | | $ | 0 | | $ | 236,573 | |
| | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | Expenses: | | | | | | | |
| | | | | | $ | 0 | | | 11 | | | Compensation to Owner(s)/Officer(s) | | | | | | | |
| | | | | | $ | 0 | | | 12 | | | Salaries | | | | | $ | 22,100 | |
| | | | | | $ | 0 | | | 13 | | | Commissions | | | | | | | |
$ | 21,000 | | $ | 9,500 | | $ | (11,500 | ) | | 14 | | | Contract Labor | | | | | $ | 43,250 | |
| | | | | | | | | | | | | Rent/Lease: | | | | | | | |
| | | | | | $ | 0 | | | 15 | | | Personal Property | | | | | | | |
| | | | | | $ | 0 | | | 16 | | | Real Property | | | | | $ | 1,468 | |
$ | 14,679 | | $ | 0 | | $ | (14,679 | ) | | 17 | | | Insurance | | | | | | | |
| | | | | | $ | 0 | | | 18 | | | Management Fees | | | | | | | |
$ | 45,113 | | $ | 45,113 | | $ | 0 | | | 19 | | | Depreciation | | | | | $ | 34,694 | |
| | | | | | | | | | | | | Taxes: | | | | | | | |
| | | | | | $ | 0 | | | 20 | | | Employer Payroll Taxes | | | | | | | |
| | | | | | $ | 0 | | | 21 | | | Real Property Taxes | | | | | | | |
| | | | | | $ | 0 | | | 22 | | | Other Taxes | | | | | | | |
| | | | | | $ | 0 | | | 23 | | | Other Selling | | | | | | | |
$ | 827 | | $ | 50,500 | | $ | 49,673 | | | 24 | | | Other Administrative | | | | | $ | 42,182 | |
| | | | | | $ | 0 | | | 25 | | | Interest | | | | | | | |
| | | | | | $ | 0 | | | 26 | | | Other Expenses: | | | | | | | | |
$ | 1,942 | | $ | 1,000 | | $ | (942 | ) | | 27 | | | Employee Benefits | | | | | | | |
| | | | | | $ | 0 | | | 28 | | | Supplies | | | | | $ | 2,400 | |
| | | $ | 10,000 | | $ | 10,000 | | | 29 | | | Moving & Relocation | | | | | | | |
| | | | | | $ | 0 | | | 30 | | | Patent Expenses | | | | | $ | 53,541 | |
$ | 8,333 | | $ | 8,333 | | $ | 0 | | | 31 | | | License Fee | | | | | | | |
| | | | | | $ | 0 | | | 32 | | | | | | | | | | |
| | | | | | $ | 0 | | | 33 | | | | | | | | | | |
| | | | | | $ | 0 | | | 34 | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | 91,894 | | $ | 124,446 | | $ | 32,552 | | | 35 | | | Total Expenses | | $ | 0 | | $ | 199,635 | |
| | | | | | | | | | | | | | | | | | | | |
$ | (66,496 | ) | $ | (99,446 | ) | $ | 32,950 | | | 36 | | | Subtotal | | $ | 0 | | $ | 36,938 | |
| | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | Reorganization Items: | | | | | | | |
| | | $ | 30,000 | | $ | 30,000 | | | 37 | | | Professional Fees | | | | | $ | 24,883 | |
| | | | | | $ | 0 | | | 38 | | | Provisions for Rejected Executory Contracts | | | | | | | |
| | | | | | $ | 0 | | | 39 | | | Interest Earned on Accumulated Cash from | | | | | | | |
| | | | | | | | | | | | | Resulting Chp 11 Case | | | | | | | |
| | | | | | $ | 0 | | | 40 | | | Gain or (Loss) from Sale of Equipment | | | | | | | |
| | | | | | $ | 0 | | | 41 | | | U.S. Trustee Quarterly Fees | | | | | | | |
| | | | | | $ | 0 | | | 42 | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | 0 | | $ | 30,000 | | $ | (30,000 | ) | | 43 | | | Total Reorganization Items | | $ | 0 | | $ | 24,883 | |
| | | | | | | | | | | | | | | | | | | | |
$ | (66,496 | ) | $ | (69,446 | ) | $ | 2,950 | | | 44 | | | Net Profit (Loss) Before Federal &State Taxes | | $ | 0 | | $ | 61,821 | |
| | | | | | $ | 0 | | | 45 | | | Federal & State Income Taxes | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | (66,496 | ) | $ | (69,446 | ) | $ | 2,950 | | | 46 | | | Net Profit (Loss) | | $ | 0 | | $ | 61,821 | |
Attach an Explanation or Variance to Statement of Operations (For variances greater than +/- 10% only):
In re: Large Scale Biology(Vacaville)
Statement of Operations
(General Business Case)
Explanation of Variance to Statement of Operations
Line 14. | Contract Labor. Variance ($11,500). Post suspension of operations start-up. Unable to determine more precise need for professional and clerical assistance. |
Line 17. | Insurance. Variance ($14,679). Scope and cost of liability, casualty and property insurance was not determinable at the time. |
Line 27. | Employee Benefits. Variance ($942). COBRA medical reimbursement required there be two employees instead of one for the program to be activated. |
BALANCE SHEET
(General Business Case)
For the Month Ended January 31,2006
Assets | | | | | |
| | | From Schedules | | Market Value | |
| Current Assets | | | | | |
1 | | Cash and cash equivalents - unrestricted | | | | | $ | 58,740 | |
2 | | Cash and cash equivalents - restricted | | | | | | | |
3 | | Accounts receivable (net) | | | A | | $ | (10,492 | ) |
4 | | Inventory | | | B | | $ | 0 | |
5 | | Prepaid expenses | | | | | $ | 223,961 | |
6 | | Professional retainers | | | | | | | |
7 | | Other: | Intercompany | | | | | $ | 21,948,911 | |
8 | | | | | | | | | |
| | | | | | | | | |
9 | | Total Current Assets | | | | | $ | 22,221,120 | |
| | | | | | | | | |
| Property and Equipment (Market Value) | | | | | | | |
| | | | | | | | | |
10 | | Real property | | | C | | $ | 0 | |
11 | | Machinery and equipment | | | D | | $ | 59,301 | |
12 | | Furniture and fixtures | | | D | | $ | 0 | |
13 | | Office equipment | | | D | | $ | 6,523 | |
14 | | Leasehold improvements | | | D | | $ | 121,257 | |
15 | | Vehicles | | | D | | $ | 0 | |
16 | | Other: | | | | D | | | | |
17 | | | | | D | | | | |
18 | | | | | D | | | | |
19 | | | | | D | | | | |
20 | | | | | D | | | | |
| | | | | | | | | |
21 | | Total Property and Equipment | | | | | $ | 187,081 | |
| | | | | | | | | |
| Other Assets | | | | | | | |
| | | | | | | | | |
22 | | Loans to shareholders | | | | | | | |
23 | | Loans to affiliates | | | | | | | |
24 | | Other Assets | | | | | $ | 1,205,556 | |
25 | | Intangible Assets | | | | | $ | 1,595,536 | |
26 | | | | | | | | | |
27 | | | | | | | | | |
| | | | | | | | | |
28 | | Total Other Assets | | | | | $ | 2,801,092 | |
| | | | | | | | | |
29 | | Total Assets | | | | | $ | 25,209,293 | |
NOTE:
Indicate the method used to estimate the market value of assets (e.g., appraisals; familiarity with comparable market prices, etc.) and the date the value was determined.
Liabilities and Equity
(General Business Case)
Liabilities From Schedules | | | | | |
| | | | | |
Post-Petition | | | | | |
| | | | | |
Current Liabilities | | | | | |
| | | | | |
30 | | Salaries and wages | | | | | | | |
31 | | Payroll taxes | | | | | | | |
32 | | Real and personal property taxes | | | | | | | |
33 | | Income taxes | | | | | | | |
34 | | Sales taxes | | | | | | | |
35 | | Notes payable (short term) | | | | | | | |
36 | | Accounts payable (trade) | | | A | | $ | 0 | |
37 | | Real property lease arrearage | | | | | | | |
38 | | Personal property lease arrearage | | | | | | | |
39 | | Accrued professional fees | | | | | | | |
40 | | Current portion of long-term post-petition debt (due within 12 months) | | | | | | | |
41 | | Other: | Contract Workers-Ron Artale | | | | | $ | 7,500 | |
42 | | | License Fees | | | | | $ | 8,333 | |
43 | | Other: Deferred rent, accrued stock comp, accrued expenses | | | | | $ | 873,986 | |
| | | | | | | | | |
44 | | Total Current Liabilities | | | | | $ | 889,819 | |
| | | | | | | | | |
45 | Long-Term Post-Petition Debt, Net of Current Portion | | | | | | | |
| | | | | | | | | |
46 | | Total Post-Petition Liabilities | | | | | $ | 889,819 | |
| | | | | | | | | |
Pre-Petition Liabilities (allowed amount) | | | | | | | |
| | | | | | | | | |
47 | | Secured claims | | | F | | $ | 7,615,052 | |
48 | | Priority unsecured claims | | | F | | $ | 509,597 | |
49 | | General unsecured claims | | | F | | $ | 3,982,121 | |
| | | | | | | | | |
50 | | Total Pre-Petition Liabilities | | | | | $ | 12,106,770 | |
| | | | | | | | | |
51 | | Total Liabilities | | | | | $ | 12,996,589 | |
| | | | | | | | | |
Equity (Deficit) | | | | | | | |
| | | | | | | | | |
52 | Retained Earnings/(Deficit) at time of filing | | | | | $ | (191,626,585 | ) |
53 | Capital Stock | | | | | $ | 204,657,972 | |
54 | Additional paid-in capital | | | | | | | |
55 | Cumulative profit/(loss) since filing of case | | | | | $ | (66,496 | ) |
56 | Post-petition contributions/(distributions) or (draws) | | | | | | | |
57 | Shareholders notes receivable | | | | | $ | (3,864 | ) |
| | | | | | | | | |
58 | Market value adjustment | | | | | $ | (748,323 | ) |
| | | | | | | | |
59 | | Total Equity (Deficit) | | | | | $ | 12,212,704 | |
| | | | | | | | | |
60 Total Liabilities and Equity (Deficit) | | | | | $ | 25,209,293 | |
SCHEDULES TO THE BALANCE SHEET
(General Business Case)
Schedule A
Accounts Receivable and (Net) Payable
Receivables and Payables Agings | | Accounts Receivable [Pre and Post Petition] | | Accounts Payable [Post Petition] | | Past Due Post Petition Debt | |
0 -30 Days | | $ | (10,492 | ) | | | | | | |
31-60 Days | | | | | | | | | | |
61-90 Days | | | | | | | | $ | 0 | |
91+Days | | | | | | | | | | |
Total accounts receivable/payable | | $ | (10,492 | ) | $ | 0 | | | | |
Allowance for doubtful accounts | | | | | | | | | | |
Accounts receivable (net) | | $ | (10,492 | ) | | | | | | |
Schedule B
Inventory/Cost of Goods Sold
Types and Amount of Inventory(ies) | | | | Cost of Goods Sold | | | |
| | | Inventory(ies) Balance at End of Month | | | Inventory Beginning of Month | | | | |
| | | | | | Add- | | | | |
Retail/Restaurants - | | | | | | Net purchase | | | | |
Product for resale | | | | | | Direct labor | | | | |
| | | | | | Manufacturing overhead | | | | |
Distribution - | | | | | | Freight in | | | | |
Products for resale | | | | | | Other: | | | | |
| | | | | | | | | | |
Manufacturer - | | | | | | | | | | |
Raw Materials | | | | | | | | | | |
Work-in-progress | | | | | | Less - | | | | |
Finished goods | | | | | | Inventory End of Month | | | | |
| | | | | | Shrinkage | | | | |
Other - Explain | | | | | | Personal Use | | | | |
| | | | | | | | | | |
| | | | | | Cost of Goods Sold | | $ | 0 | |
TOTAL | | $ | 0 | | | | | | | |
Method of Inventory Control | | | Inventory Valuation Methods | |
Do you have a functioning perpetual inventory system? | | | Indicate by a checkmark method of inventory used. | |
How often do you take a complete physical inventory? | | | Valuation methods - | | | | |
| | | | | | FIFO cost | | | | |
Weekly | | | | | | LIFO cost | | | | |
Monthly | | | | | | Lower of cost or market | | | | |
Quarterly | | | | | | Retail method | | | | |
Semi-annually | | | | | | Other | | | | |
Annually | | | | | | Explain | | | | |
Date of last physical inventory was | | | |
| | | |
Date of next physical inventory is | | | |
Schedule C
Real Property
Description | | | Cost | | | Market Value |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 0 | | $ | 0 |
Schedule D
Other Depreciable Asets
Description | | | Cost | | | Market Value |
Machinery & Equipment - | | | | | | |
| Lab Equipment | | $ | 7,309,277 | | $ | 59,301 |
| Facility Equipment | | $ | 240,063 | | | 0 |
| | | | | | | |
| | | | | | | |
| Total | | $ | 7,549,340 | | $ | 59,301 |
| | | | | | | |
Furniture & Fixtures - | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 0 | | $ | 0 |
| | | | | | | |
Office Equipment - | | | | | | |
| Computers, Printers, Desks | | $ | 722,382 | | $ | 6,523 |
| | | | | | | |
| | | | | | | |
| Total | | $ | 722,382 | | $ | 6,523 |
| | | | | | | |
Leasehold Improvements - | | | | | | |
| Vacaville | | $ | 1,508,410 | | $ | 913 |
| Maryland | | $ | 2,311,111 | | $ | 120,344 |
| | | | | | | |
| | | | | | | |
| Total | | $ | 3,819,521 | | $ | 121,257 |
| | | | | | | |
Vehicles - | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 0 | | $ | 0 |
Schedule E
Aging of Post-Petition Taxes
(As of End of the Current Reporting Period)
Taxes Payable | | 0-30 Days | | 31-60 Days | | 61-90 Days | | 91+ Days | | Total | |
Federal | | | | | | | | | | | |
Income Tax Withholding | | | | | | | | | | | | | | $ | 0 | |
FICA - Employee | | | | | | | | | | | | | | $ | 0 | |
FICA - Employer | | | | | | | | | | | | | | $ | 0 | |
Unemployment (FUTA) | | | | | | | | | | | | | | $ | 0 | |
Income | | | | | | | | | | | | | | $ | 0 | |
Other (Attach List) | | | | | | | | | | | | | | $ | 0 | |
Total Federal Taxes | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | |
State and Local | | | | | | | | | | | | | | | | |
Income Tax Withholding | | | | | | | | | | | | | | $ | 0 | |
Unemployment (UT) | | | | | | | | | | | | | | $ | 0 | |
Disability Insurance (DI) | | | | | | | | | | | | | | $ | 0 | |
Empl. Training Tax (ETT) | | | | | | | | | | | | | | $ | 0 | |
Sales | | | | | | | | | | | | | | $ | 0 | |
Excise | | | | | | | | | | | | | | $ | 0 | |
Real property | | | | | | | | | | | | | | $ | 0 | |
Personal property | | | | | | | | | | | | | | $ | 0 | |
Income | | | | | | | | | | | | | | $ | 0 | |
Other (Attach List) | | | | | | | | | | | | | | $ | 0 | |
Total State & Local Taxes | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | |
Total Taxes | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | |
Schedule F
Pre-Petition Liabilities
List Total Claims For Each Classification - | | Amount | | Amount (b) | |
Secured claims (a) | | $ | 7,615,052 | | $ | 7,615,052 | |
Priority claims other than taxes | | $ | 509,597 | | $ | 509,597 | |
Priority tax claims | | $ | 0 | | $ | 0 | |
General unsecured claims | | $ | 3,982,121 | | $ | 3,982,121 | |
| (a) | List total amount of claims even it under secured. |
| (b) | Estimated amount of claim to be allowed after compromise or litigation. As an example, you are a defendant in a lawsuit alleging damage of $ 10,000,000 and a proof of claim is filed in that amount. You believe that you can settle the case for a claim of $3,000,000. For Schedule F reporting purposes you should list $10,000,000 as the Claimed Amount and $3,000,000 as the Allowed Amount. |
Schedule G
Rental Income Information
Not applicable to General Business Cases
Schedule H
Recapitulation of Funds Held at End of Month
| | Account 1 | | Account 2 | | Account 3 | | Account 4 | |
Bank | | | | | | | | | | | | | |
Account Type | | | | | | | | | | | | | |
Account No. | | | | | | | | | | | | | |
Account Purpose | | | | | | | | | | | | | |
Balance, End of Month | | | | | | | | | | | | | |
Total Funds on Hand for all Accounts | | $ | 0 | | | | | | | | | | |
Attach copies of the month end bank statements(s), reconciliation(s), and the check register(s) to the Monthly Operating Report.
STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS
INCREASE/ (Decrease in Cash and Cash Equivalents
For the Month Ended 01/31/06
| | Actual Current Month | | Cumulative (Case to Date) | |
| Cash Receipts | | | | | |
1 | | Rent/Leases Collected | | | | | | | |
2 | | Cash Received from Sales | | | | | | | |
3 | | Interest Received | | $ | 398 | | | | |
4 | | Borrowings | | | | | | | |
5 | | Funds from Shareholders, Partners, or Other Insiders | | | | | | | |
6 | | Capital Contributions | | | | | | | |
7 | | Licenses | | $ | 25,000 | | | | |
8 | | Government Grants | | $ | 78,380 | | | | |
9 | | Cobra Payment | | $ | 990 | | | | |
10 | | | | | | | | | |
11 | | | | | | | | | |
| | | | | | | | | |
12 | | | Total Cash Receipts | | $ | 104,768 | | $ | 0 | |
| | | | | | | | | | |
| Cash Disbursements | | | | | | | |
13 | | Payments for Inventory | | | | | | | |
14 | | Selling | | | | | | | |
15 | | Administrative | | $ | 14,636 | | | | |
16 | | Capital Expenditures | | $ | 33,104 | | | | |
17 | | Principal Payments on Debt | | | | | | | |
18 | | Interest Paid | | | | | | | |
| | Rent/Lease: | | | | | | | |
19 | | | Personal Property | | | | | | | |
20 | | | Real Property | | | | | | | |
| | Amount Paid to Owner(s)/Officer(s) | | | | | | | |
21 | | | Salaries | | | | | | | |
22 | | | Draws | | | | | | | |
23 | | | Commissions/Royalties | | | | | | | |
24 | | | Expense Reimbursements | | | | | | | |
25 | | | Other | | | | | | | |
26 | | Salaries/Commissions (less employee withholding) | | | | | | | |
27 | | Management Fees | | | | | | | |
| | Taxes: | | | | | | | |
28 | | | Employee Withholding | | | | | | | |
29 | | | Employer Payroll Taxes | | $ | 1,402 | | | | |
30 | | | Real Property Taxes | | | | | | | |
31 | | | Other Taxes | | | | | | | |
32 | | Other Cash Outflows: | | | | | | | |
33 | | | Employee Benefits | | $ | 1,942 | | | | |
34 | | | Insurance | | $ | 14,679 | | | | |
35 | | | Agility Capital seizure of account | | $ | 3,500 | | | | |
36 | | | | | | | | | | |
37 | | | | | | | | | | |
| | | | | | | | | | |
38 | | | Total Cash Disbursements: | | $ | 69,263 | | $ | 0 | |
| | | | | | | | | |
39 | Net Increase (Decrease) in Cash | | $ | 35,505 | | $ | 0 | |
| | | | | | | | | |
40 | Cash Balance, Beginning of Period | | $ | 23,236 | | | | |
| | | | | | | | | |
41 | Cash Balance, End of Period | | $ | 58,741 | | $ | 0 | |
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
In re: Large Scale Bioprocessing Inc. | Case No. | 06-20046-A-47 | |
| | _________________ | |
| CHAPTER 11 |
| MONTHLY OPERATING REPORT |
| (GENERAL BUSINESS CASE) |
SUMMARY OF FINANCIAL STATUS
MONTH ENDED: | Jan-06 | | PETITION DATE: | 01/09/06 | |
1. | Debtor in possession (or trustee) hereby submits this Monthly Operating Report on the Accrual Basis of accounting (or if checked here the Office of the U.S. Trustee or the Court has approved the Cash Basis of Accounting for the Debtor). Dollars reported in $1 |
2. Asset and Liability Structure | | End of Current Month | | End of Prior Month | | As of Petition Filing | |
a. Current Assets | | $ | (18,371,544 | ) | | | | | | |
b. Total Assets | | $ | (12,438,544 | ) | | | | $ | (13,609,548 | ) |
c. Current Liabilities | | $ | 50,884 | | | | | | 454,602 | |
d. Total Liabilities | | $ | 463,201 | | | | | $ | 463,202 | |
3. Statement of Cash Receipts & Disbursements for Month | | Current Month | | Prior Month | | Cumulative (Case to Date) | |
a. Total Receipts | | $ | 50,000 | | | | | $ | 0 | |
b. Total Disbursements | | $ | 0 | | | | | $ | 0 | |
c. Excess (Deficiency) of Receipts Over Disbursements (a - b) | | $ | 50,000 | | $ | 0 | | $ | 0 | |
d. Cash Balance Beginning of Month | | $ | 0 | | | | | | 0 | |
e. Cash Balance End of Month (c+ d) | | $ | 50,000 | | $ | 0 | | $ | 0 | |
| | Current Month | | Prior Month | | Cumulative (Case to Date) | |
4. Profit/(Loss) from the Statement of Operations | | $ | (52,820 | ) | | | | | | |
5. Account Receivables (Pre and Post Petition) | | $ | 53,000 | | | | | | | |
6. Post-Petition Liabilities | | $ | 50,884 | | | | | | | |
7. Past Due Post-Petition Account Payables (over 30 days) | | $ | 0 | | | | | | | |
At the end of this reporting month: | | Yes | | No | |
8. Have any payments been made on pre-petition debt, other than payments in the normal | | | | | | X | |
course to secured creditors or lessors? (if yes, attach listing including date of payment, amount of payment and name of payee) | | | | | | | |
9. Have any payments been made to professionals? (if yes, attach listing including date of | | | | | | X | |
payment, amount of payment and name of payee) | | | | | | | |
10. If the answer is yes to 8 or 9, were all such payments approved by the court? | | | | | | | |
11. Have any payments been made to officers, insiders, shareholders, relatives? (if yes, | | | | | | X | |
attach listing including date of payment, amount and reason for payment, and name of payee) | | | | | | | |
12. Is the estate insured for replacement cost of assets and for general liability? | | | X | | | | |
13. Are a plan and disclosure statement on file? | | | pending | | | | |
14. Was there any post-petition borrowing during this reporting period? | | | | | | X | |
15. Check if paid: Post-petition taxes ___ ; U.S. Trustee Quarterly Fees x ; Check if filing is current for: Post-petition tax reporting and tax returns: x
(Attach explanation, if post-petition taxes or U.S. Trustee Quarterly Fees are not paid current or if post-petition tax reporting and tax return filings are not current.)
I declare under penalty of perjury I have reviewed the above summary and attached financial statements, and after making reasonable inquiry believe these documents are correct.
Date: | 2/22/06 | | /s/ Ronald Artale |
| | | Responsible Individual |
STATEMENT OF OPERATIONS
(General Business Case)
For the Month Ended 01/31/06
Current Month | | | | | | | | | |
Actual | | Forecast | | Variance | | | | | | | | Next Month Forecast | |
| | | | | | | | | | | | | Revenues: | | | | | | | |
| | | | | | $ | 0 | | | 1 | | | Gross Sales | | | | | | | |
| | | | | | $ | 0 | | | 2 | | | less: Sales Returns & Allowances | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 3 | | | Net Sales | | $ | 0 | | $ | 0 | |
$ | 0 | | | | | $ | 0 | | | 4 | | | less: Cost of Goods Sold (Schedule 'B') | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 5 | | | Gross Profit | | $ | 0 | | $ | 0 | |
| | | | | | $ | 0 | | | 6 | | | Interest | | | | | | | |
| | | | | | $ | 0 | | | 7 | | | Other Income: | | | | | | | | |
| | | | | | $ | 0 | | | 8 | | | | | | | | | | |
| | | | | | $ | 0 | | | 9 | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 10 | | | Total Revenues | | $ | 0 | | $ | 0 | |
| | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | Expenses: | | | | | | | |
| | | | | | $ | 0 | | | 11 | | | Compensation to Owner(s)/Officer(s) | | | | | | | |
| | | | | | $ | 0 | | | 12 | | | Salaries | | | | | | | |
| | | | | | $ | 0 | | | 13 | | | Commissions | | | | | | | |
| | | | | | $ | 0 | | | 14 | | | Contract Labor | | | | | $ | 5,000 | |
| | | | | | | | | | | | | Rent/Lease: | | | | | | | |
| | | | | | $ | 0 | | | 15 | | | Personal Property | | | | | | | |
| | | | | | $ | 0 | | | 16 | | | Real Property | | | | | | | |
| | | | | | $ | 0 | | | 17 | | | Insurance | | | | | | | |
| | | | | | $ | 0 | | | 18 | | | Management Fees | | | | | | | |
$ | 52,820 | | $ | 52,820 | | $ | 0 | | | 19 | | | Depreciation | | | | | | | |
| | | | | | | | | | | | | Taxes: | | | | | | | |
| | | | | | $ | 0 | | | 20 | | | Employer Payroll Taxes | | | | | | | |
| | | | | | $ | 0 | | | 21 | | | Real Property Taxes | | | | | | | |
| | | | | | $ | 0 | | | 22 | | | Other Taxes | | | | | | | |
| | | | | | $ | 0 | | | 23 | | | Other Selling | | | | | | | |
| | | | | | $ | 0 | | | 24 | | | Other Administrative | | | | | | 27,882 | |
| | | | | | $ | 0 | | | 25 | | | Interest | | | | | | | |
| | | | | | $ | 0 | | | 26 | | | Other Expenses: | | | | | | | | |
| | | | | | $ | 0 | | | 27 | | | | | | | | | | |
| | | | | | $ | 0 | | | 28 | | | | | | | | | | |
| | | | | | $ | 0 | | | 29 | | | | | | | | | | |
| | | | | | $ | 0 | | | 30 | | | | | | | | | | |
| | | | | | $ | 0 | | | 31 | | | | | | | | | | |
| | | | | | $ | 0 | | | 32 | | | | | | | | | | |
| | | | | | $ | 0 | | | 33 | | | | | | | | | | |
| | | | | | $ | 0 | | | 34 | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | 52,820 | | $ | 52,820 | | $ | 0 | | | 35 | | | Total Expenses | | $ | 0 | | $ | 32,882 | |
| | | | | | | | | | | | | | | | | | | | |
$ | (52,820 | ) | $ | (52,820 | ) | $ | 0 | | | 36 | | | Subtotal | | $ | 0 | | $ | (32,882 | ) |
| | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | Reorganization Items: | | | | | | | |
| | | | | | $ | 0 | | | 37 | | | Professional Fees | | | | | | | |
| | | | | | $ | 0 | | | 38 | | | Provisions for Rejected Executory Contracts | | | | | | | |
| | | | | | $ | 0 | | | 39 | | | Interest Earned on Accumulated Cash from | | | | | | | |
| | | | | | | | | | | | | Resulting Chp 11 Case | | | | | | | |
| | | | | | $ | 0 | | | 40 | | | Gain or (Loss) from Sale of Equipment | | | | | | | |
| | | | | | $ | 0 | | | 41 | | | U.S. Trustee Quarterly Fees | | | | | | | |
| | | | | | $ | 0 | | | 42 | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 43 | | | Total Reorganization Items | | $ | 0 | | $ | 0 | |
| | | | | | | | | | | | | | | | | | | | |
$ | (52,820 | ) | $ | (52,820 | ) | $ | 0 | | | 44 | | | Net Profit (Loss) Before Federal &State Taxes | | $ | 0 | | $ | (32,882 | ) |
| | | | | | $ | 0 | | | 45 | | | Federal & State Income Taxes | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | (52,820 | ) | $ | (52,820 | ) | $ | 0 | | | 46 | | | Net Profit (Loss) | | $ | 0 | | $ | (32,882 | ) |
Attach an Explanation of Variance to Statement of Operations (For variances greater than +/- 10% only):
BALANCE SHEET
(General Business Case)
For the Month Ended January 31,2006
Assets | | | | | |
| | | From Schedules | | Market Value | |
| Current Assets | | | | | |
1 | | Cash and cash equivalents - unrestricted | | | | | $ | 50,000 | |
2 | | Cash and cash equivalents - restricted | | | | | | | |
3 | | Accounts receivable (net) | | | A | | $ | 53,000 | |
4 | | Inventory | | | B | | $ | 0 | |
5 | | Prepaid expenses | | | | | | | |
6 | | Professional retainers | | | | | | | |
7 | | Other: | Intercompany | | | | | $ | (18,474,544 | ) |
8 | | | | | | | | | |
| | | | | | | | | |
9 | | Total Current Assets | | | | | $ | (18,371,544 | ) |
| | | | | | | | | |
| Property and Equipment (Market Value) | | | | | | | |
| | | | | | | | | |
10 | | Real property | | | C | | $ | 5,266,132 | |
11 | | Machinery and equipment | | | D | | $ | 690,776 | |
12 | | Furniture and fixtures | | | D | | $ | 0 | |
13 | | Office equipment | | | D | | $ | 43,092 | |
14 | | Leasehold improvements | | | D | | $ | 0 | |
15 | | Vehicles | | | D | | $ | 0 | |
16 | | Other: | | | | D | | | | |
17 | | | | | D | | | | |
18 | | | | | D | | | | |
19 | | | | | D | | | | |
20 | | | | | D | | | | |
| | | | | | | | | |
21 | | Total Property and Equipment | | | | | $ | 6,000,000 | |
| | | | | | | | | |
| Other Assets | | | | | | | |
| | | | | | | | | |
22 | | Loans to shareholders | | | | | | | |
23 | | Loans to affiliates | | | | | | | |
24 | | Other Assets | | | | | $ | 8,000 | |
25 | | Receipts for Sale of Assets | | | | | $ | (75,000 | ) |
26 | | | | | | | | | |
27 | | | | | | | | | |
| | | | | | | | | |
28 | | Total Other Assets | | | | | $ | (67,000 | ) |
| | | | | | | | | |
29 | | Total Assets | | | | | $ | (12,438,544 | ) |
NOTE:
Indicate the method used to estimate the market value of assets (e.g., appraisals; familiarity with comparable market prices, etc.) and the date the value was determined.
Liabilities and Equity
(General Business Case)
Liabilities From Schedules | | | | | |
| | | | | |
Post-Petition | | | | | |
| | | | | |
Current Liabilities | | | | | |
| | | | | |
30 | | Salaries and wages | | | | | | | |
31 | | Payroll taxes | | | | | | | |
32 | | Real and personal property taxes | | | | | | | |
33 | | Income taxes | | | | | | | |
34 | | Sales taxes | | | | | | | |
35 | | Notes payable (short term) | | | | | | | |
36 | | Accounts payable (trade) | | | A | | $ | 0 | |
37 | | Real property lease arrearage | | | | | | | |
38 | | Personal property lease arrearage | | | | | | | |
39 | | Accrued professional fees | | | | | | | |
40 | | Current portion of long-term post-petition debt (due within 12 months) | | | | | | | |
41 | | Other: | | | | | | | | |
42 | | Accured Expenses | | | | | $ | 42,284 | |
43 | | Arrured Stock Compensation | | | | | $ | 8,600 | |
| | | | | | | | | |
44 | | Total Current Liabilities | | | | | $ | 50,884 | |
| | | | | | | | | |
45 | Long-Term Post-Petition Debt, Net of Current Portion | | | | | | | |
| | | | | | | | | |
46 | | Total Post-Petition Liabilities | | | | | $ | 50,884 | |
| | | | | | | | | |
| Pre-Petition Liabilities (allowed amount) | | | | | | | |
| | | | | | | | | |
47 | | Secured claims | | | F | | $ | 0 | |
48 | | Priority unsecured claims | | | F | | $ | 160,451 | |
49 | | General unsecured claims | | | F | | $ | 251,866 | |
| | | | | | | | | |
50 | | Total Pre-Petition Liabilities | | | | | $ | 412,317 | |
| | | | | | | | | |
51 | | Total Liabilities | | | | | $ | 463,201 | |
| | | | | | | | | |
Equity (Deficit) | | | | | | | |
| | | | | | | | | |
52 | Retained Earnings/(Deficit) at time of filing | | | | | $ | (14,072,750 | ) |
53 | Capital Stock | | | | | | | |
54 | Additional paid-in capital | | | | | | | |
55 | Cumulative profit/(loss) since filing of case | | | | | $ | (52,820 | ) |
56 | Post-petition contributions/(distributions) or (draws) | | | | | | | |
57 | | | | | | | | | |
58 | Market value adjustment | | | | | $ | 1,223,825 | |
| | | | | | | | |
59 | | Total Equity (Deficit) | | | | | $ | (12,901,745 | ) |
| | | | | | | | | |
60 Total Liabilities and Equity (Deficit) | | | | | $ | (12,438,544 | ) |
SCHEDULES TO THE BALANCE SHEET
(General Business Case)
Schedule A
Accounts Receivable and (Net) Payable
Receivables and Payables Agings | | Accounts Receivable [Pre and Post Petition] | | Accounts Payable [Post Petition] | | Past Due Post Petition Debt | |
0 -30 Days | | $ | 25,000 | | | | | | | |
31-60 Days | | | | | | | | | | |
61-90 Days | | $ | 28,000 | | | | | $ | 0 | |
91+Days | | | | | | | | | | |
Total accounts receivable/payable | | $ | 53,000 | | $ | 0 | | | | |
Allowance for doubtful accounts | | | | | | | | | | |
Accounts receivable (net) | | $ | 53,000 | | | | | | | |
Schedule B
Inventory/Cost of Goods Sold
Types and Amount of Inventory(ies) | | | | Cost of Goods Sold | | | |
| | | Inventory(ies) Balance at End of Month | | | Inventory Beginning of Month | | | | |
| | | | | | Add- | | | | |
Retail/Restaurants - | | | | | | Net purchase | | | | |
Product for resale | | | | | | Direct labor | | | | |
| | | | | | Manufacturing overhead | | | | |
Distribution - | | | | | | Freight in | | | | |
Products for resale | | | | | | Other: | | | | |
| | | | | | | | | | |
Manufacturer - | | | | | | | | | | |
Raw Materials | | | | | | | | | | |
Work-in-progress | | | | | | Less - | | | | |
Finished goods | | | | | | Inventory End of Month | | | | |
| | | | | | Shrinkage | | | | |
Other - Explain | | | | | | Personal Use | | | | |
| | | | | | | | | | |
| | | | | | Cost of Goods Sold | | $ | 0 | |
TOTAL | | $ | 0 | | | | | | | |
Method of Inventory Control | | | Inventory Valuation Methods | |
Do you have a functioning perpetual inventory system? | | | Indicate by a checkmark method of inventory used. | |
How often do you take a complete physical inventory? | | | Valuation methods - | | | | |
| | | | | | FIFO cost | | | | |
Weekly | | | | | | LIFO cost | | | | |
Monthly | | | | | | Lower of cost or market | | | | |
Quarterly | | | | | | Retail method | | | | |
Semi-annually | | | | | | Other | | | | |
Annually | | | | | | Explain | | | | |
Date of last physical inventory was | | | |
| | | |
Date of next physical inventory is | | | |
Schedule C
Real Property
Description | | | Cost | | | Market Value |
| Land and Building in Owensboro, Ky | | $ | 5,015,737 | | $ | 5,266,132 |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 5,015,737 | | $ | 5,266,132 |
Schedule D
Other Depreciable Asets
Description | | | Cost | | | Market Value |
Machinery & Equipment - | | | | | | |
| Manufacturing Equipment | | $ | 5,263,953 | | $ | 690,776 |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 5,263,953 | | $ | 690,776 |
| | | | | | | |
Furniture & Fixtures - | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 0 | | $ | 0 |
| | | | | | | |
Office Equipment - | | | | | | |
| Computers, Desks, Office Furniture | | $ | 369,721 | | $ | 43,092 |
| | | | | | | |
| | | | | | | |
| Total | | $ | 369,721 | | $ | 43,092 |
| | | | | | | |
Leasehold Improvements - | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 0 | | $ | 0 |
| | | | | | | |
Vehicles - | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 0 | | $ | 0 |
Schedule E
Aging of Post-Petition Taxes
(As of End of the Current Reporting Period)
Taxes Payable | | 0-30 Days | | 31-60 Days | | 61-90 Days | | 91+ Days | | Total | |
Federal | | | | | | | | | | | |
Income Tax Withholding | | | | | | | | | | | | | | $ | 0 | |
FICA - Employee | | | | | | | | | | | | | | $ | 0 | |
FICA - Employer | | | | | | | | | | | | | | $ | 0 | |
Unemployment (FUTA) | | | | | | | | | | | | | | $ | 0 | |
Income | | | | | | | | | | | | | | $ | 0 | |
Other (Attach List) | | | | | | | | | | | | | | $ | 0 | |
Total Federal Taxes | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | |
State and Local | | | | | | | | | | | | | | | | |
Income Tax Withholding | | | | | | | | | | | | | | $ | 0 | |
Unemployment (UT) | | | | | | | | | | | | | | $ | 0 | |
Disability Insurance (DI) | | | | | | | | | | | | | | $ | 0 | |
Empl. Training Tax (ETT) | | | | | | | | | | | | | | $ | 0 | |
Sales | | | | | | | | | | | | | | $ | 0 | |
Excise | | | | | | | | | | | | | | $ | 0 | |
Real property | | | | | | | | | | | | | | $ | 0 | |
Personal property | | | | | | | | | | | | | | $ | 0 | |
Income | | | | | | | | | | | | | | $ | 0 | |
Other (Attach List) | | | | | | | | | | | | | | $ | 0 | |
Total State & Local Taxes | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | |
Total Taxes | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | |
Schedule F
Pre-Petition Liabilities
List Total Claims For Each Classification - | | Amount | | Amount (b) | |
Secured claims (a) | | | | | | | |
Priority claims other than taxes | | $ | 160,451 | | $ | 160,451 | |
Priority tax claims | | $ | 0 | | $ | 0 | |
General unsecured claims | | $ | 251,866 | | $ | 251,866 | |
| (a) | List total amount of claims even it under secured. |
| (b) | Estimated amount of claim to be allowed after compromise or litigation. As an example, you are a defendant in a lawsuit alleging damage of $10,000,000 and a proof of claim is filed in that amount. You believe that you can settle the case for a claim of $3,000,000. For Schedule F reporting purposes you should list $10,000,000 as the Claimed Amount and $3,000,000 as the Allowed Amount. |
Schedule G
Rental Income Information
Not applicable to General Business Cases
Schedule H
Recapitulation of Funds Held at End of Month
| | Account 1 | | Account 2 | | Account 3 | | Account 4 | |
Bank | | | | | | | | | | | | | |
Account Type | | | | | | | | | | | | | |
Account No. | | | | | | | | | | | | | |
Account Purpose | | | | | | | | | | | | | |
Balance, End of Month | | | | | | | | | | | | | |
Total Funds on Hand for all Accounts | | $ | 0 | | | | | | | | | | |
Attach copies of the month end bank statement(s), reconciliation(s), and the check register(s) to the Monthly Operating Report.
STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS
INCREASE/ (Decrease in Cash and Cash Equivalents
For the Month Ended 01/31/06
| | Actual Current Month | | Cumulative (Case to Date) | |
| Cash Receipts | | | | | |
1 | | Rent/Leases Collected | | | | | | | |
2 | | Cash Received from Sales | | | | | | | |
3 | | Interest Received | | | | | | | |
4 | | Borrowings | | | | | | | |
5 | | Funds from Shareholders, Partners, or Other Insiders | | | | | | | |
6 | | Capital Contributions | | | | | | | |
7 | | | | $ | 50,000 | | | | |
8 | | Sale of Assets | | | | | | | |
9 | | | | | | | | | |
10 | | | | | | | | | |
11 | | | | | | | | | |
12 | | | Total Cash Receipts | | $ | 50,000 | | $ | 0 | |
| | | | | | | | | | |
| Cash Disbursements | | | | | | | |
13 | | Payments for Inventory | | | | | | | |
14 | | Selling | | | | | | | |
15 | | Administrative | | | | | | | |
16 | | Capital Expenditures | | | | | | | |
17 | | Principal Payments on Debt | | | | | | | |
18 | | Interest Paid | | | | | | | |
| | Rent/Lease: | | | | | | | |
19 | | | Personal Property | | | | | | | |
20 | | | Real Property | | | | | | | |
| | Amount Paid to Owner(s)/Officer(s) | | | | | | | |
21 | | | Salaries | | | | | | | |
22 | | | Draws | | | | | | | |
23 | | | Commissions/Royalties | | | | | | | |
24 | | | Expense Reimbursements | | | | | | | |
25 | | | Other | | | | | | | |
26 | | Salaries/Commissions (less employee withholding) | | | | | | | |
27 | | Management Fees | | | | | | | |
| | Taxes: | | | | | | | |
28 | | | Employee Withholding | | | | | | | |
29 | | | Employer Payroll Taxes | | | | | | | |
30 | | | Real Property Taxes | | | | | | | |
31 | | | Other Taxes | | | | | | | |
32 | | Other Cash Outflows: | | | | | | | |
33 | | | | | | | | | | |
34 | | | | | | | | | | |
35 | | | | | | | | | | |
36 | | | | | | | | | | |
37 | | | | | | | | | | |
| | | | | | | | | | |
38 | | | Total Cash Disbursements: | | $ | 0 | | $ | 0 | |
| | | | | | | | | |
39 | Net Increase (Decrease) in Cash | | $ | 50,000 | | $ | 0 | |
| | | | | | | | | |
40 | Cash Balance, Beginning of Period | | | | | | 0 | |
| | | | | | | | | |
41 | Cash Balance, End of Period | | $ | 50,000 | | $ | 0 | |
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF CALIFORNIA
In re: Predictive Diagnostics, Inc. | Case No. | 06-20048-A-11 | |
| | _______________ | |
| CHAPTER 11 |
| MONTHLY OPERATING REPORT |
| (GENERAL BUSINESS CASE) |
SUMMARY OF FINANCIAL STATUS
MONTH ENDED: | Jan-06 | | PETITION DATE: | 01/09/06 | |
1. | Debtor in possession (or trustee) hereby submits this Monthly Operating Report on the Accrual Basis of accounting (or if checked here the Office of the U.S. Trustee or the Court has approved the Cash Basis of Accounting for the Debtor). Dollars reported in $1 |
2. Asset and Liability Structure | | End of Current Month | | End of Prior Month | | As of Petition Filing | |
a. Current Assets | | $ | (3,473,467 | ) | | | | | | |
b. Total Assets | | $ | (3,160,833 | ) | | | | $ | (3,150,137 | ) |
c. Current Liabilities | | $ | 62,705 | | | | | | 272,821 | |
d. Total Liabilities | | $ | 308,821 | | | | | $ | 308,821 | |
3. Statement of Cash Receipts & Disbursements for Month | | Current Month | | Prior Month | | Cumulative (Case to Date) | |
a. Total Receipts | | $ | 0 | | | | | $ | 0 | |
b. Total Disbursements | | $ | 0 | | | | | $ | 0 | |
c. Excess (Deficiency) of Receipts Over Disbursements (a - b) | | $ | 0 | | $ | 0 | | $ | 0 | |
d. Cash Balance Beginning of Month | | $ | 0 | | | | | $ | 0 | |
e. Cash Balance End of Month (c + d) | | $ | 0 | | $ | 0 | | $ | 0 | |
| | Current Month | | Prior Month | | Cumulative (Case to Date) | |
4. Profit/(Loss) from the Statement of Operations | | $ | (10,696 | ) | | | | | | |
5. Account Receivables (Pre and Post Petition) | | $ | 0 | | | | | | | |
6. Post-Petition Liabilities | | $ | 62,705 | | | | | | | |
7. Past Due Post-Petition Account Payables (over 30 days) | | $ | 0 | | | | | | | |
At the end of this reporting month: | | Yes | | No | |
8. Have any payments been made on pre-petition debt, other than payments in the normal | | | | | | X | |
course to secured creditors or lessors? (if yes, attach listing including date of payment, amount of payment and name of payee) | | | | | | | |
9. Have any payments been made to professionals? (if yes, attach listing including date of | | | | | | X | |
payment, amount of payment and name of payee) | | | | | | | |
10. If the answer is yes to 8 or 9, were all such payments approved by the court? | | | | | | | |
11. Have any payments been made to officers, insiders, shareholders, relatives? (if yes, | | | | | | X | |
attach listing including date of payment, amount and reason for payment, and name of payee) | | | | | | | |
12. Is the estate insured for replacement cost of assets and for general liability? | | | X | | | | |
13. Are a plan and disclosure statement on file? | | | pending | | | | |
14. Was there any post-petition borrowing during this reporting period? | | | | | | X | |
15. Check if paid: Post-petition taxes ___ ; U.S. Trustee Quarterly Fees x ; Check if filing is current for: Post-petition tax reporting and tax returns: x
(Attach explanation, if post-petition taxes or U.S. Trustee Quarterly Fees are not paid current or if post-petition tax reporting and tax return filings are not current.)
I declare under penalty of perjury I have reviewed the above summary and attached financial statements, and after making reasonable inquiry believe these documents are correct.
Date: | 2/22/06 | | /s/ Ronald Artale |
| | | Responsible Individual |
STATEMENT OF OPERATIONS
(General Business Case)
For the Month Ended 01/31/06
Current Month | | | | | | | | | |
Actual | | Forecast | | Variance | | | | | | | | Next Month Forecast | |
| | | | | | | | | | | | | Revenues: | | | | | | | |
| | | | | | $ | 0 | | | 1 | | | Gross Sales | | | | | $ | 0 | |
| | | | | | $ | 0 | | | 2 | | | less: Sales Returns & Allowances | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 3 | | | Net Sales | | $ | 0 | | $ | 0 | |
$ | 0 | | | | | $ | 0 | | | 4 | | | less: Cost of Goods Sold (Schedule 'B') | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 5 | | | Gross Profit | | $ | 0 | | $ | 0 | |
| | | | | | $ | 0 | | | 6 | | | Interest | | | | | | | |
| | | | | | $ | 0 | | | 7 | | | Other Income: | | | | | | $ | 0 | |
$ | 0 | | $ | 0 | | $ | 0 | | | 8 | | | | | | | | $ | 0 | |
$ | 0 | | $ | 0 | | $ | 0 | | | 9 | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 10 | | | Total Revenues | | $ | 0 | | $ | 0 | |
| | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | Expenses: | | | | | | | |
| | | | | | $ | 0 | | | 11 | | | Compensation to Owner(s)/Officer(s) | | | | | | | |
| | | | | | $ | 0 | | | 12 | | | Salaries | | | | | | | |
| | | | | | $ | 0 | | | 13 | | | Commissions | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 14 | | | Contract Labor | | | | | | | |
| | | | | | | | | | | | | Rent/Lease: | | | | | | | |
| | | | | | $ | 0 | | | 15 | | | Personal Property | | | | | | | |
| | | | | | $ | 0 | | | 16 | | | Real Property | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 17 | | | Insurance | | | | | | | |
| | | | | | $ | 0 | | | 18 | | | Management Fees | | | | | | | |
$ | 10,696 | | $ | 10,696 | | $ | 0 | | | 19 | | | Depreciation | | | | | $ | 10,696 | |
| | | | | | | | | | | | | Taxes: | | | | | | | |
| | | | | | $ | 0 | | | 20 | | | Employer Payroll Taxes | | | | | | | |
| | | | | | $ | 0 | | | 21 | | | Real Property Taxes | | | | | | | |
| | | | | | $ | 0 | | | 22 | | | Other Taxes | | | | | | | |
| | | | | | $ | 0 | | | 23 | | | Other Selling | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 24 | | | Other Administrative | | | | | | | |
| | | | | | $ | 0 | | | 25 | | | Interest | | | | | | | |
| | | | | | $ | 0 | | | 26 | | | Other Expenses: | | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 27 | | | | | | | | | | |
| | | | | | $ | 0 | | | 28 | | | | | | | | | | |
| | | $ | 0 | | $ | 0 | | | 29 | | | | | | | | | | |
| | | | | | $ | 0 | | | 30 | | | | | | | | | | |
| | | | | | $ | 0 | | | 31 | | | | | | | | | | |
| | | | | | $ | 0 | | | 32 | | | | | | | | | | |
| | | | | | $ | 0 | | | 33 | | | | | | | | | | |
| | | | | | $ | 0 | | | 34 | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | 10,696 | | $ | 10,696 | | $ | 0 | | | 35 | | | Total Expenses | | $ | 0 | | $ | 10,696 | |
| | | | | | | | | | | | | | | | | | | | |
$ | (10,696 | ) | $ | (10,696 | ) | $ | 0 | | | 36 | | | Subtotal | | $ | 0 | | $ | (10,696 | ) |
| | | | | | | | | | | | | | | | | | | | |
| | | | | | | | | | | | | Reorganization Items: | | | | | | | |
| | | $ | 0 | | $ | 0 | | | 37 | | | Professional Fees | | | | | | | |
| | | | | | $ | 0 | | | 38 | | | Provisions for Rejected Executory Contracts | | | | | | | |
| | | | | | $ | 0 | | | 39 | | | Interest Earned on Accumulated Cash from | | | | | | | |
| | | | | | | | | | | | | Resulting Chp 11 Case | | | | | | | |
| | | | | | $ | 0 | | | 40 | | | Gain or (Loss) from Sale of Equipment | | | | | | | |
| | | | | | $ | 0 | | | 41 | | | U.S. Trustee Quarterly Fees | | | | | | | |
| | | | | | $ | 0 | | | 42 | | | | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | 0 | | $ | 0 | | $ | 0 | | | 43 | | | Total Reorganization Items | | $ | 0 | | $ | 0 | |
| | | | | | | | | | | | | | | | | | | | |
$ | (10,696 | ) | $ | (10,696 | ) | $ | 0 | | | 44 | | | Net Profit (Loss) Before Federal & State Taxes | | $ | 0 | | $ | (10,696 | ) |
| | | | | | $ | 0 | | | 45 | | | Federal & State Income Taxes | | | | | | | |
| | | | | | | | | | | | | | | | | | | | |
$ | (10,696 | ) | $ | (10,696 | ) | $ | 0 | | | 46 | | | Net Profit (Loss) | | $ | 0 | | $ | (10,696 | ) |
Attach an Explanation or Variance to Statement of Operations (For variances greater than +/- 10% only):
BALANCE SHEET
(General Business Case)
For the Month Ended January 31,2006
Assets | | | | | |
| | | From Schedules | | Market Value | |
| Current Assets | | | | | |
1 | | Cash and cash equivalents - unrestricted | | | | | $ | 0 | |
2 | | Cash and cash equivalents - restricted | | | | | $ | 0 | |
3 | | Accounts receivable (net) | | | A | | $ | 0 | |
4 | | Inventory | | | B | | $ | 0 | |
5 | | Prepaid expenses | | | | | $ | 900 | |
6 | | Professional retainers | | | | | | | |
7 | | Other: | | | | | | | | |
8 | | Intercompany | | | | | $ | (3,474,367 | ) |
| | | | | | | | | |
9 | | Total Current Assets | | | | | $ | (3,473,467 | ) |
| | | | | | | | | |
| Property and Equipment (Market Value) | | | | | | | |
| | | | | | | | | |
10 | | Real property | | | C | | $ | 0 | |
11 | | Machinery and equipment | | | D | | $ | 307,209 | |
12 | | Furniture and fixtures | | | D | | $ | 0 | |
13 | | Office equipment | | | D | | $ | 5,426 | |
14 | | Leasehold improvements | | | D | | $ | 0 | |
15 | | Vehicles | | | D | | $ | 0 | |
16 | | Other: | | | | D | | | | |
17 | | | | | D | | | | |
18 | | | | | D | | | | |
19 | | | | | D | | | | |
20 | | | | | D | | | | |
| | | | | | | | | |
21 | | Total Property and Equipment | | | | | $ | 312,634 | |
| | | | | | | | | |
| Other Assets | | | | | | | |
| | | | | | | | | |
22 | | Loans to shareholders | | | | | | | |
23 | | Loans to affiliates | | | | | | | |
24 | | | | | | | | | |
25 | | | | | | | | | |
26 | | | | | | | | | |
27 | | | | | | | | | |
| | | | | | | | | |
28 | | Total Other Assets | | | | | $ | 0 | |
| | | | | | | | | |
29 | | Total Assets | | | | | $ | 3,160,833 | |
NOTE:
Indicate the method used to estimate the market value of assets (e.g., appraisals; familiarity with comparable market prices, etc.) and the date the value was determined.
Liabilities and Equity
(General Business Case)
Liabilities From Schedules | | | | | |
| | | | | |
Post-Petition | | | | | |
| | | | | |
Current Liabilities | | | | | |
| | | | | |
30 | | Salaries and wages | | | | | | | |
31 | | Payroll taxes | | | | | | | |
32 | | Real and personal property taxes | | | | | | | |
33 | | Income taxes | | | | | | | |
34 | | Sales taxes | | | | | | | |
35 | | Notes payable (short term) | | | | | | | |
36 | | Accounts payable (trade) | | | A | | $ | 0 | |
37 | | Real property lease arrearage | | | | | | | |
38 | | Personal property lease arrearage | | | | | | | |
39 | | Accrued professional fees | | | | | | | |
40 | | Current portion of long-term post-petition debt (due within 12 months) | | | | | | | |
41 | | Other: | | | | | | | | |
42 | | Accured Stock Compensation | | | | | $ | 36,000 | |
43 | | Accured Expenses | | | | | $ | 26,705 | |
| | | | | | | | | |
44 | | Total Current Liabilities | | | | | $ | 62,705 | |
| | | | | | | | | |
45 | Long-Term Post-Petition Debt, Net of Current Portion | | | | | $ | 0 | |
| | | | | | | | | |
46 | | Total Post-Petition Liabilities | | | | | $ | 62,705 | |
| | | | | | | | | |
| Pre-Petition Liabilities (allowed amount) | | | | | | | |
| | | | | | | | | |
47 | | Secured claims | | | F | | $ | 0 | |
48 | | Priority unsecured claims | | | F | | $ | 10,000 | |
49 | | General unsecured claims | | | F | | $ | 236,116 | |
| | | | | | | | | |
50 | | Total Pre-Petition Liabilities | | | | | $ | 246,116 | |
| | | | | | | | | |
51 | | Total Liabilities | | | | | $ | 308,821 | |
| | | | | | | | | |
Equity (Deficit) | | | | | | | |
| | | | | | | | | |
52 | Retained Earnings/(Deficit) at time of filing | | | | | $ | (3,458,958 | ) |
53 | Capital Stock | | | | | | | |
54 | Additional paid-in capital | | | | | | | |
55 | Cumulative profit/(loss) since filing of case | | | | | $ | (10,696 | ) |
56 | Post-petition contributions/(distributions) or (draws) | | | | | | | |
57 | | | | | | | | | |
58 | Market value adjustment | | | | | | | |
| | | | | | | | |
59 | | Total Equity (Deficit) | | | | | $ | (3,469,654 | ) |
| | | | | | | | | |
60 Total Liabilities and Equity (Deficit) | | | | | $ | (3,160,833 | ) |
SCHEDULES TO THE BALANCE SHEET
(General Business Case)
Schedule A
Accounts Receivable and (Net) Payable
Receivables and Payables Agings | | Accounts Receivable [Pre and Post Petition] | | Accounts Payable [Post Petition] | | Past Due Post Petition Debt | |
0 -30 Days | | | | | | | | | | |
31-60 Days | | | | | | | | | | |
61-90 Days | | | | | | | | $ | 0 | |
91+Days | | | | | | | | | | |
Total accounts receivable/payable | | $ | 0 | | $ | 0 | | | | |
Allowance for doubtful accounts | | | | | | | | | | |
Accounts receivable (net) | | $ | 0 | | | | | | | |
Schedule B
Inventory/Cost of Goods Sold
Types and Amount of Inventory(ies) | | | | Cost of Goods Sold | | | |
| | | Inventory(ies) Balance at End of Month | | | Inventory Beginning of Month | | | | |
| | | | | | Add- | | | | |
Retail/Restaurants - | | | | | | Net purchase | | | | |
Product for resale | | | | | | Direct labor | | | | |
| | | | | | Manufacturing overhead | | | | |
Distribution - | | | | | | Freight in | | | | |
Products for resale | | | | | | Other: | | | | |
| | | | | | | | | | |
Manufacturer - | | | | | | | | | | |
Raw Materials | | | | | | | | | | |
Work-in-progress | | | | | | Less - | | | | |
Finished goods | | | | | | Inventory End of Month | | | | |
| | | | | | Shrinkage | | | | |
Other - Explain | | | | | | Personal Use | | | | |
| | | | | | | | | | |
| | | | | | Cost of Goods Sold | | $ | 0 | |
TOTAL | | $ | 0 | | | | | | | |
Method of Inventory Control | | | Inventory Valuation Methods | |
Do you have a functioning perpetual inventory system? | | | Indicate by a checkmark method of inventory used. | |
How often do you take a complete physical inventory? | | | Valuation methods - | | | | |
| | | | | | FIFO cost | | | | |
Weekly | | | | | | LIFO cost | | | | |
Monthly | | | | | | Lower of cost or market | | | | |
Quarterly | | | | | | Retail method | | | | |
Semi-annually | | | | | | Other | | | | |
Annually | | | | | | Explain | | | | |
Date of last physical inventory was | | | |
| | | |
Date of next physical inventory is | | | |
Schedule C
Real Property
Description | | | Cost | | | Market Value |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 0 | | $ | 0 |
Schedule D
Other Depreciable Asets
Description | | | Cost | | | Market Value |
Machinery & Equipment - | | | | | | |
| Lab Equipment - Maldio, Tecan | | $ | 623,322 | | $ | 307,209 |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 623,322 | | $ | 307,209 |
| | | | | | | |
Furniture & Fixtures - | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 0 | | $ | 0 |
| | | | | | | |
Office Equipment - | | | | | | |
| Computers, Printers, Servers, Mass Specs, Desks | | $ | 788,620 | | $ | 5,426 |
| | | | | | | |
| | | | | | | |
| Total | | $ | 788,620 | | $ | 5,426 |
| | | | | | | |
Leasehold Improvements - | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 0 | | $ | 0 |
| | | | | | | |
Vehicles - | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| | | | | | | |
| Total | | $ | 0 | | $ | 0 |
Schedule E
Aging of Post-Petition Taxes
(As of End of the Current Reporting Period)
Taxes Payable | | 0-30 Days | | 31-60 Days | | 61-90 Days | | 91+ Days | | Total | |
Federal | | | | | | | | | | | |
Income Tax Withholding | | | | | | | | | | | | | | $ | 0 | |
FICA - Employee | | | | | | | | | | | | | | $ | 0 | |
FICA - Employer | | | | | | | | | | | | | | $ | 0 | |
Unemployment (FUTA) | | | | | | | | | | | | | | $ | 0 | |
Income | | | | | | | | | | | | | | $ | 0 | |
Other (Attach List) | | | | | | | | | | | | | | $ | 0 | |
Total Federal Taxes | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | |
State and Local | | | | | | | | | | | | | | | | |
Income Tax Withholding | | | | | | | | | | | | | | $ | 0 | |
Unemployment (UT) | | | | | | | | | | | | | | $ | 0 | |
Disability Insurance (DI) | | | | | | | | | | | | | | $ | 0 | |
Empl. Training Tax (ETT) | | | | | | | | | | | | | | $ | 0 | |
Sales | | | | | | | | | | | | | | $ | 0 | |
Excise | | | | | | | | | | | | | | $ | 0 | |
Real property | | | | | | | | | | | | | | $ | 0 | |
Personal property | | | | | | | | | | | | | | $ | 0 | |
Income | | | | | | | | | | | | | | $ | 0 | |
Other (Attach List) | | | | | | | | | | | | | | $ | 0 | |
Total State & Local Taxes | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | |
Total Taxes | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | | $ | 0 | |
Schedule F
Pre-Petition Liabilities
List Total Claims For Each Classification - | | Amount | | Amount (b) | |
Secured claims (a) | | | | | | | |
Priority claims other than taxes | | $ | 10,000 | | $ | 10,000 | |
Priority tax claims | | $ | 0 | | $ | 0 | |
General unsecured claims | | $ | 236,116 | | $ | 236,116 | |
| (a) | List total amount of claims even it under secured. |
| (b) | Estimated amount of claim to be allowed after compromise or litigation. As an example, you are a defendant in a lawsuit alleging damage of $ 10,000,000 and a proof of claim is filed in that amount. You believe that you can settle the case for a claim of $3,000,000. For Schedule F reporting purposes you should list $10,000,000 as the Claimed Amount and $3,000,000 as the Allowed Amount. |
Schedule G
Rental Income Information
Not applicable to General Business Cases
Schedule H
Recapitulation of Funds Held at End of Month
| | Account 1 | | Account 2 | | Account 3 | | Account 4 | |
Bank | | | | | | | | | | | | | |
Account Type | | | | | | | | | | | | | |
Account No. | | | | | | | | | | | | | |
Account Purpose | | | | | | | | | | | | | |
Balance, End of Month | | | | | | | | | | | | | |
Total Funds on Hand for all Accounts | | $ | 0 | | | | | | | | | | |
Attach copies of the month end bank statements(s), reconciliation(s), and the check register(s) to the Monthly Operating Report.
STATEMENT OF CASH RECEIPTS AND DISBURSEMENTS
INCREASE/ (Decrease in Cash and Cash Equivalents
For the Month Ended 01/31/06
| | Actual Current Month | | Cumulative (Case to Date) | |
| Cash Receipts | | | | | |
1 | | Rent/Leases Collected | | | | | | | |
2 | | Cash Received from Sales | | | | | | | |
3 | | Interest Received | | | | | | | |
4 | | Borrowings | | | | | | | |
5 | | Funds from Shareholders, Partners, or Other Insiders | | | | | | | |
6 | | Capital Contributions | | | | | | | |
7 | | | | | | | | | |
8 | | | | | | | | | |
9 | | | | | | | | | |
10 | | | | | | | | | |
11 | | | | | | | | | |
12 | | | Total Cash Receipts | | $ | 0 | | $ | 0 | |
| | | | | | | | | | |
| Cash Disbursements | | | | | | | |
13 | | Payments for Inventory | | | | | | | |
14 | | Selling | | | | | | | |
15 | | Administrative | | | | | | | |
16 | | Capital Expenditures | | | | | | | |
17 | | Principal Payments on Debt | | | | | | | |
18 | | Interest Paid | | | | | | | |
| | Rent/Lease: | | | | | | | |
19 | | | Personal Property | | | | | | | |
20 | | | Real Property | | | | | | | |
| | Amount Paid to Owner(s)/Officer(s) | | | | | | | |
21 | | | Salaries | | | | | | | |
22 | | | Draws | | | | | | | |
23 | | | Commissions/Royalties | | | | | | | |
24 | | | Expense Reimbursements | | | | | | | |
25 | | | Other | | | | | | | |
26 | | Salaries/Commissions (less employee withholding) | | | | | | | |
27 | | Management Fees | | | | | | | |
| | Taxes: | | | | | | | |
28 | | | Employee Withholding | | | | | | | |
29 | | | Employer Payroll Taxes | | | | | | | |
30 | | | Real Property Taxes | | | | | | | |
31 | | | Other Taxes | | | | | | | |
32 | | Other Cash Outflows: | | | | | | | |
33 | | | | | | | | | | |
34 | | | | | | | | | | |
35 | | | | | | | | | | |
36 | | | | | | | | | | |
37 | | | | | | | | | | |
| | | | | | | | | | |
38 | | | Total Cash Disbursements: | | $ | 0 | | $ | 0 | |
| | | | | | | | | |
39 | Net Increase (Decrease) in Cash | | $ | 0 | | $ | 0 | |
| | | | | | | | | |
40 | Cash Balance, Beginning of Period | | $ | 0 | | | | |
| | | | | | | | | |
41 | Cash Balance, End of Period | | $ | 0 | | $ | 0 | |