Exhibit 99.1
United States Bankruptcy Court
SOUTHERN District of NEW YORK
In re
E-Smart Technologies, Inc. Bankruptcy Case No. 08-14285 (ALG)
Debtor.
Social Security No.:
Employer Tax I.D. No.: 88-0409261
SUMMONS TO DEBTOR IN INVOLUNTARY CASE
To the above named Debtor:
A petition under title 11, United States Code was filed against you on 10/30/2003 in this Bankruptcy Court, requesting an order for relief under Chapter 7 of the Bankruptcy Code (title 11 of the United States Code.)
YOU ARE SUMMONED and required to submit to the Clerk of the Bankruptcy Court, a motion or answer (attorneys should file online) to the petition within 20 days after the service of this summons. A copy of the petition is attached.
Address of the Clerk: United States Bankruptcy Court One Bowling Green New York, New York 10004 www.nysb.uscourts.gov
At the same time, you must also serve a copy of the motion or answer upon the petitioner’s attorney
Name and Address of Petitioner’s Attorney
Bruce D. Atherton
Bruce D. Atherton & Associates, PLLC
1450 Starks Bldg, 455 S. 4th St, Louisville, KY 40202
If you make a motion, your time to answer is governed by Federal Rule of Bankruptcy Procedure 1011 (c). If you fail to respond to this Summons, an order for relief will be entered. Information on electronic case filing procedures is attached
Clerk of the Bankruptcy Court
Date By: Deputy Clerk
*Set forth all names, including trade names, used by the debtor within the last 6 years. (Federal Rule of Bankruptcy Procedure 1005). For joint debtors, set forth both social security numbers.
B 5 (Official Form 5) (12/07)
UNITED STATES BANKRUPTCY COURT
INVOLUNTARY
Southern District of New York PETITION
IN RE (Name of Debtor— If Individual: Last, First, Middle) ALL OTHER NAMES used by debtor in the last 8 years
(Include married, maiden, and trade names)
E-Smart Technologies, Inc.
Last four digits of Social-Security or other Individual’s Tax-ID No./Complete EIN
(If more than one, state all):
88-0409261 STREET ADDRESS OF DEBTOR (No. and street, city, state, and zip code) MAILING ADDRESS OF DEBTOR (If different from street address)
526 West 26th Street, Suite 710 New York, New York 10001
COUNTY OF RESIDENCE OR PRINCIPAL PLACE OF BUSINESS
New York ZIP CODE ZIP CODE
10001
LOCATION OF PRINCIPAL ASSETS OF BUSINESS DEBTOR (If different from previously listed addresses)
CHAPTER OF BANKRUPTCY CODE UNDER WHICH PETITION IS FILED
Chapter 7 Chapter 11
INFORMATION REGARDING DEBTOR (Check applicable boxes)
Nature of Debts Type of Debtor Nature of Business
(Check one box ) (Form of Organization) (Check one box)
Individual (Includes Joint Debtor) Health Care Business
Petitioners believe: Corporation (Includes LLC and LLP) Single Asset Real Estate as defined in 11 U.S.C. § 101(51)(B)
Debts are primarily consumer debts Partnership
Railroad
Other (If debtor is not one of the above entities, check this box and state type of entity below.) Stockbroker Debts are primarily business debts Commodity Broker
Clearing Bank Other
VENUE FILLING FEE (check one box)
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in the District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days that in any other District. A bankruptcy case concerning debtor’s affiliate, general partner or partnership is pending in the District. Full Filling Fee attached Petitioner is a child support creditor or its representative, and the form specified in § 304(g) of the Bankruptcy Reform Act of 1994 is attached (If a child support creditor or its representative is a petitioner, and if the petitioner files the form specified in § 304(g) of the Bankruptcy Reform Act of 1994, no fee is required.)
PENDING BANKRUPTCY CASE FILED BY OR AGAINST ANY PARTNER OR AFFILIATE OF THIS DEBTOR (Report information for any additional cases on attached sheets.)
Name of Debtor Case Number Date
Relationship District Judge
ALLEGATIONS
(Check applicable boxes) COURT USE ONLY
1. Petitioner(s) are eligible to file this petition pursuant to 11 U.S.C. § 303 (b).
2. The debtor is person against whom an order for relief may be entered under title 11 of the United States Code.
3a. The debtor is generally not paying such debtor’s debts as they become due, unless such debts are the subject of a bona fide dispute as to liability or amount; or
b. Within 120 days preceding the filing of this petition, a custodian, other than a trustee receiver, or agent appointed or authorized to take charge of less than substantially all of the property of the debtor for the purpose of enforcing a lien against such property, was appointed or took possession.
B 5 (Official Form 5) (12/07) – Page 2
Name of Debtor E-Smart Technologies,
Case No. 08-14285
TRANSFER OF CLAIM
Check this box if there has been a transfer of any claim against the debtor by or to any petitioner. Attach all documents that
evidence the transfer and any statements that are required under Bankruptcy Rule 1003(a).
REQUEST FOR RELIEF
Petitioner(s) request that an order for relief be entered against the debtor under the chapter of title 11, United Stales Code, specified in this petition. If any petitioner is a foreign representative appointed in a foreign proceeding, a certified copy of the order of the court granting recognition is attached
Petitioner(s) declare under penalty of perjury that the foregoing is true and correct according to the best of their knowledge, information, and belief.
x /s/ Anthony R. Russo, President
Signature of Petitioner or Representative (State title)
Russo Corporation
Name of Petitioner
10/14/2008
Date Signed
Name & Mailing
Address of Individual
Signing in Representative
Capacity
Russo Corporation
720 Milton Road No. 1
Rye, New York 10580
x /s/ Richard W. Lucas, C.P.A.
Signature of Petitioner or Representative (State title)
Richard W. Lucas, C.P.A
Name of Petitioner
10/14/2008
Date Signed
Name & Mailing
Address of Individual
Signing in Representative
Capacity
Richard W. Lucas
47 Hoffman Lane
Blauvelt, N.Y. 10913
x /s/ Anthony R. Russo
Signature of Petitioner or Representative (State title)
Anthony R. Russo
Name of Petitioner
10/14/2008
Date Signed
Name & Mailing
Address of Individual
Signing in Representative
Capacity
Anthony R. Russo
720 Milton Road No. 1
Rye, New York 10580
x /s/ Bruce D. Atherton
Signature of Attorney
11/03/2008
Date
Bruce D. Atherton & Associates, PLLC
Name of Attorney Firm (If any)
1450 Starks Bldg., 455 S.4th St., Louisville, K.Y. 40202
Address
(502) 595-8500
Telephone No.
x /s/ Bruce D. Atherton
Signature of Attorney
11/03/2008
Date
Bruce D. Atherton & Associates, PLLC
Name of Attorney Firm (If any)
1450 Starks Bldg., 455 S.4th St., Louisville, K.Y. 40202
Address
(502) 595-8500
Telephone No.
x /s/ Bruce D. Atherton
Signature of Attorney
11/03/2008
Date
Bruce D. Atherton & Associates, PLLC
Name of Attorney Firm (If any)
1450 Starks Bldg., 455 S.4th St., Louisville, K.Y. 40202
Address
(502) 595-8500
Telephone No.
PETITIONING CREDITORS
Name and Address of Petitioner
Russo Corp., 720 Milton #1 Rye, N.Y. 10580
Nature of Claim
Services Rendered
Amount of Claim
291,508.00
Name and Address of Petitioner
Richard W. Lucas, 47 Hoffman Ln., Blauvelt, N.Y. 10913
Nature of Claim
Services Rendered
Amount of Claim
22,500.00
Name and Address of Petitioner
Anthony R. Russo, 720 Milton Rd. #1, Rye, N.Y. 10580
Nature of Claim
Testifying Expenses
Amount of Claim
10,822.00
Note: If there are more than three petitioners, attach additional sheets with the statement under penalty of perjury, each petitioner’s signature under the statement and the name of attorney and petitioning creditor information in the format above.
continuation sheets attached
Total Amount of Petitioners’ Claims
B 5 (Official Form 5) (12/07) – Page 2 Name of Debtor E-Smart Technologies
Case No. 08-14285
TRANSFER OF CLAIM
Check this box if there has been a transfer of any claim against the debtor by or to any petitioner. Attach all documents that
evidence the transfer and any statements that are required under Bankruptcy Rule 1003(a).
REQUEST FOR RELIEF
Petitioner(s) request that an order for relief be entered against the debtor under the chapter of title 11, United States Code, specified in this petition. If any petitioner is a foreign representative appointed in a foreign proceeding, a certified copy of the order of the court granting recognition is attached.
Petitioner(s) declare under penalty of perjury that the foregoing is true and correct according to the best of their knowledge, information, and belief.
x /s/ Roger Rosenberg, President x /s/ Bruce D. Atherton 11/03/2008
Signature of Petitioner or Representative (State title) Signature of Attorney Date
Corporate Finance Consultancy Bruce D. Atherton & Associates, PLLC
Name of Petitioner Date Signed Name of Attorney Firm (If any)
1450 Starks Bldg. 455 S. 4th St., Louisville, KY 40202
Name & Mailing Roger Rosenberg Address
Address of Individual 16923 East Dorado PI (502)595-8500
Signing in Representative Centennial, CO 80015 Telephone No. Capacity
x x
Signature of Petitioner or Representative (State title) Signature of Attorney Date
Name of Petitioner Date Signed Name of Attorney Firm (If any)
Name & Mailing Address
Address of Individual
Signing in Representative Telephone No.
Capacity x x
Signature of Petitioner or Representative (State title) Signature of Attorney Date
Name of Petitioner Date Signed Name of Attorney Firm (If any)
Name & Mailing Address
Address of Individual
Signing in Representative Telephone No.
Capacity
PETIT1ONING CREDITORS
Name and Address of Petitioner Nature of Claim Amount of Claim
Corp.Fin.Consult.16923 E.Dorado PI. Centennial CO 80015 Services Rendered 48,750.00
Name and Address of Petitioner Nature of Claim Amount of Claim
Name and Address of Petitioner Nature of Claim Amount of Claim
Note: If there are more than three petitioners, attach additional sheets with the statement under Total Amount of Petitioners’
penalty of perjury, each petitioner’s signature under the statement and the name of attorney Claims 373,580.00
and petitioning creditor information in the formal above.
continuation sheets attached