Exhibit 99.1
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE EASTERN DISTRICT OF NORTH CAROLINA
WILSON DIVISION
| | |
In the Matter of: | | Case No.: |
CAPE FEAR BANK CORPORATION | | 09-05179-8-JRL |
Debtor | | Chapter 11 |
MONTHLY REPORT OF CORPORATE DEBTOR IN POSSESSION/TRUSTEE
FOR THE MONTH OF JUNE 23 – JULY 31, 2009
I. Summary of Business Operations:
1(a). Please summarize debtor’s activities for the month:
No active operating business. Processed general ledger/payroll/invoices, SEC filings, shareholder inquiries and attended bankruptcy hearing.
(b) Did operations meet the debtor’s expectations/projections this month? If no, what affected profitability?
Yes.
2. Did the debtor have any significant receipts or disbursements this month that were “one time only,” that will not necessarily occur in each month going forward? (i.e receipt of insurance proceeds, receipt of refunds, payment of annual or quarterly premiums, large repair expenses, etc.) If yes, please describe:
Receipt of $5,235.30, one time reimbursement of May payroll withholdings overpayment from Ralph Strayhorn.
3. Does the debtor expect to make any changes to its business in the next 30 days? If yes, please describe:
No.
II. Summary of Chapter 11 Activities
1. Were any transactions this month outside of the ordinary course of business? (i.e. sale of property, loans from third parties, large purchases, etc.) If yes, please describe:
No.
2. What steps has the debtor taken toward reorganization or liquidation?
Filed Plan of Liquidation with the bankruptcy administrator.
I declare under penalty or perjury that the information contained in this report is true and correct to the best of my knowledge and belief.
Respectfully submitted this 31ST, day of August, 2009.
| | |
CAPE FEAR BANK CORPORATION |
| |
BY: | | /s/ Ralph N. Strayhorn |
| | Ralph N. Strayhorn, CEO/President |
I HAVE REVIEWED THE INFORMATION PROVIDED BY THE DEBTOR.
| | | | | | | | |
| | | |
DATED: 9/7/09 | | | | | | /s/ TRAWICK H. STUBBS, JR. |
| | | | | | | | TRAWICK H. STUBBS, JR. |
| | | | | | | | Attorney for Debtor |
| | | | | | | | Stubbs & Perdue, P.A. |
| | | | | | | | P.O. Box 1654 New Bern, NC 28563 (252) 633-2700 (252) 633-9600 Facsimile N.C. State Bar #4221 |
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JULY, 2009
PART A:
CERTIFICATIONS
| | | | |
1. | | Yes x No ¨ | | All postpetition taxes [tax obligations arising after the chapter 11 petition was filed] are currently paid or deposited. |
| | |
2. | | Yes ¨ No x | | All tax returns coming due post petition have been filed or extensions granted. |
| | |
3. | | Yes x No ¨ | | All administrative expenses [postpetition obligations] other than taxes are current. |
| | |
4. | | Yes x No ¨ | | All insurance remains in full force and effect in accordance with Local Bankruptcy Rule No. 4002-1(b)(1)(c). |
| | |
5. | | Yes x No ¨ | | New books and records were opened as of the petition date and are being maintained monthly and are current. |
| | |
6. | | Yes x No ¨ | | New DIP bank accounts were opened and are reconciled in accordance with Local Bankruptcy Rule No. 4002-1(b)(1). |
| | |
7. | | Yes x No ¨ | | Pre-petition bank accounts have been closed. |
| | |
8. | | Yes x No ¨ | | Prepetition debts [obligations due on or before the filing of the case] have not been paidsince the filing of this case. |
| | |
9. | | Yes x No ¨ | | Prepetition debts [obligations due on or before the filing of the case] have not been paidthis reporting period. |
| | |
10. | | Yes x No ¨ | | The only transfers of property made during this period were transfers which were in the ordinary course of business. |
| | |
11. | | Yes ¨ No x | | Estate funds which are on deposit in banking institutions are fully covered by FDIC or FSLIC insurance of $100,000.00. |
| | |
12. | | Yes x No ¨ | | Copies of the corresponding bank statements are attached for each open account. |
| | |
13. | | Yes N/A No ¨ | | If this report falls on the calendar quarter, the debtor has paid the chapter 11 quarterly fee. |
IF THE ANSWER TO ANY OF THE CERTIFICATIONS ABOVE IS NO, PLEASE PROVIDE EXPLANATION ON SUPPLEMENT TO PART A.
SUPPLEMENT TO PART A:
EXPLANATION OF CERTIFICATIONS REFLECTED AS “NO”
1. | Postpetition taxes not current or not deposited: |
Type and amount $ unpaid or not deposited.
Type and amount $ unpaid or not deposited.
When will the debtor bring these taxes current?:
2008 tax returns due to be filed by Sep 15. IRS has not acknowledged receipt of filing extension form.
3. | Administrative expenses [postpetition] other than taxes not current: |
Type and amount $ unpaid.
Type and amount $ unpaid.
When will the debtor bring these payments current?:
4. | Description of uninsured estate property, reasons why and steps implemented to obtain insurance: |
a.
b.
5. | Reason/explanation why new books and records have not been opened: |
6. | Reason/explanation why new bank accounts have not been opened: |
7. | Reason/explanation why old bank accounts have not been closed: |
8. | List all prepetition debts which were paid since the petition date including the name and address of the creditor paid, the amount paid, and the justification for the payment [do not include payments to secured creditors or lessors under an adequate protection agreement.] |
9. | List all prepetition debts paid this reporting period in the format identified in #8 above: |
10. | List all property which was sold/transferred outside the ordinary course of business and whether prior authority for such transfer[s] was obtained from the court: |
11. | If funds are not fully covered by FDIC or FSLIC insurance of $100,000.00, provide name of bank[s] where estate monies are deposited and the balance of all accounts therein: |
First Federal S&L of Charleston, SC, balances at 7/31/09 = $415,520.68. BA was to contact the bank about pledging collateral for the uninsured portion.
12. | Reason/explanation why bank statements were not attached: |
13. | Reason/explanation why debtor has not paid the chapter 11 quarterly fee: |
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JUNE 23 – JULY 31, 2009
PART B:
MUST BE COMPLETED FOR EACH OPEN BANK ACCOUNT
SUMMARY OF CASH RECEIPTS AND DISBURSEMENTS
CASH ACTIVITY ANALYSIS
| | |
NATURE/TYPE OF ACCOUNT: | | x General/Operating Account; #117 |
| | ¨ Tax Account; |
| | ¨ Payroll Account; |
| | ¨ Other: |
| | | | | |
| | | | Amount |
1. | | CASH BALANCE FROM PREVIOUS MONTH’S REPORT: Beginning 6/23/09 | | $ | 434,328.43 |
| | | | | |
2. | | TOTAL CASH RECEIPTS: [On following page- Supplement to Part B- provide a description of the source and amount] | | $ | 5,235.30 |
| | | | | |
3. | | CASH BALANCE AVAILABLE [#1 plus #2] | | $ | 439,563.73 |
| | | | | |
4. | | TOTAL CASH DISBURSEMENTS: [On following page- Supplement to Part B- provide a description of the disbursements] | | $ | 439,563.73 |
| | | | | |
5. | | ENDING CASH BALANCE [#3 less #4] | | $ | 0.00 |
| | | | | |
| | |
| | SUMMARY OF BANK ACCOUNT INFORMATION | | | |
| | |
6. | | TOTAL BANK BALANCE = | | $ | 0.00 |
| | | | | |
7. | | PLUS UNCLEARED DEPOSITS | | | 0.00 |
| | | | | |
8. | | LESS UNCLEARED CHECKS | | | 0.00 |
| | | | | |
9. | | RECONCILED BALANCE: | | *$ | 0.00 |
| | | | | |
| | | | |
BANK NAME | | ACCOUNT NUMBER | | NATURE OF ACCOUNT |
First Federal S&L | | 117 | | General/Operating-Checking Account |
* | If item #5 differs from Item #9, please explain: |
SUPPLEMENT TO PART B:
MUST BE COMPLETED FOR EACH OPEN BANK ACCOUNT
DESCRIPTION/ITEMIZATION OF RECEIPTS AND DISBURSEMENTS
| | |
NATURE/TYPE OF ACCOUNT: | | x General/Operating Account; #117 |
| | ¨ Tax Account; |
| | ¨ Payroll Account; |
| | ¨ Other: |
| | | |
| | Amount |
1. RECEIPTS: | | | |
Sales | | | |
Collection of postpetition accounts receivable | | | |
Collection of prepetition accounts receivable | | | |
Borrowing by debtor | | | |
Transfer from another account (# ) | | | |
Other Income – Reimbursement for May Withholding | | $ | 5,235.30 |
| | | |
Less allowance for returns and discounts | | | |
*TOTAL = | | $ | 5,235.30 |
| | | |
* Total equals item #2/Total Cash Receipts on Part B. | | | |
| |
| | Amount |
2. DISBURSEMENTS: | | | |
Purchases of inventory | | | |
Net Payroll (transfer to payroll account) | | $ | 14,135.75 |
Payroll Taxes (transfer to tax account) | | | 9,223.15 |
Rent | | | |
Other lease payments | | | |
Utilities (Telephone, Electricity, Other) | | | 26.69 |
Sales Tax | | | |
Other taxes | | | |
Travel and Entertainment | | | |
Automobile or vehicle expense | | | |
Service charges | | | |
Vehicle insurance | | | |
Life and health insurance | | | |
Other insurance | | | |
Supplies | | | |
Freight | | | 1.05 |
Advertising | | | |
Repairs and Maintenance | | | |
Payments to secured creditors | | | |
Other Expenses (describe on attachment) | | | 505.60 |
Transfer to Acct #218966 (now #6706008023) | | | 415,671.49 |
*TOTAL = | | $ | 439,563.73 |
| | | |
* | Total equals item #4/Total Cash Disbursements on Part B. |
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JULY , 2009
PART B:
MUST BE COMPLETED FOR EACH OPEN BANK ACCOUNT
SUMMARY OF CASH RECEIPTS AND DISBURSEMENTS
CASH ACTIVITY ANALYSIS
| | |
NATURE/TYPE OF ACCOUNT: | | x General/Operating Account; #8966 (now #8023) |
| | ¨ Tax Account; |
| | ¨ Payroll Account; |
| | ¨ Other: |
| | | | | |
| | | | Amount |
1. | | CASH BALANCE FROM PREVIOUS MONTH’S REPORT: | | $ | 0.00 |
| | | | | |
2. | | TOTAL CASH RECEIPTS: [On following page- Supplement to Part B- provide a description of the source and amount] | | $ | 415,671.49 |
| | | | | |
3. | | CASH BALANCE AVAILABLE [#1 plus #2] | | $ | 415,671.49 |
| | | | | |
4. | | TOTAL CASH DISBURSEMENTS: [On following page- Supplement to Part B- provide a description of the disbursements] | | $ | 494.55 |
| | | | | |
5. | | ENDING CASH BALANCE [#3 less #4] | | $ | 415,176.94 |
| | | | | |
| | |
| | SUMMARY OF BANK ACCOUNT INFORMATION | | | |
| | |
6. | | TOTAL BANK BALANCE = | | $ | 415,520.68 |
| | | | | |
7. | | PLUS UNCLEARED DEPOSITS | | | 0.00 |
| | | | | |
8. | | LESS UNCLEARED CHECKS | | | 343.74 |
| | | | | |
9. | | RECONCILED BALANCE: | | *$ | 415,176.94 |
| | | | | |
| | | | |
BANK NAME | | ACCOUNT NUMBER | | NATURE OF ACCOUNT |
First Federal S&L | | 8966 (now #8023) | | General/Operating-Checking Account |
* | If item #5 differs from Item #9, please explain: |
SUPPLEMENT TO PART B:
MUST BE COMPLETED FOR EACH OPEN BANK ACCOUNT
DESCRIPTION/ITEMIZATION OF RECEIPTS AND DISBURSEMENTS
| | |
NATURE/TYPE OF ACCOUNT: | | x General/Operating Account; #8966 (now #8023) |
| | ¨ Tax Account; |
| | ¨ Payroll Account; |
| | ¨ Other: |
| | | |
| | Amount |
1. RECEIPTS: | | | |
Sales | | | |
Collection of postpetition accounts receivable | | | |
Collection of prepetition accounts receivable | | | |
Borrowing by debtor | | | |
Transfer from another account (#117) | | $ | 415,671.49 |
| | | |
Other Income (describe on attachment) | | | |
Less allowance for returns and discounts | | | |
*TOTAL = | | $ | 415,671.49 |
| | | |
* Total equals item #2/Total Cash Receipts on Part B. | | | |
| |
| | Amount |
2. DISBURSEMENTS: | | | |
Purchases of inventory | | | |
Net Payroll (transfer to payroll account) | | | |
Payroll Taxes (transfer to tax account) | | | |
Rent | | | |
Other lease payments | | | |
Utilities (Telephone, Electricity, Other) | | | |
Sales Tax | | | |
Other taxes | | | |
Travel and Entertainment | | $ | 489.60 |
| | | |
Automobile or vehicle expense | | | |
Service charges | | | |
Vehicle insurance | | | |
Life and health insurance | | | |
Other insurance | | | |
Supplies | | | |
Freight | | | 4.95 |
| | | |
Advertising | | | |
Repairs and Maintenance | | | |
Payments to secured creditors | | | |
Other Expenses (describe on attachment) | | | |
*TOTAL = | | $ | 494.55 |
| | | |
* | TotaI equals item #4/Total Cash Disbursements on Part B. |
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JULY , 2009
PART B:
MUST BE COMPLETED FOR EACH OPEN BANK ACCOUNT
SUMMARY OF CASH RECEIPTS AND DISBURSEMENTS
CASH ACTIVITY ANALYSIS
| | |
NATURE/TYPE OF ACCOUNT: | | ¨ General/Operating Account; |
| | x Tax Account; #8933 (now #7996) |
| | ¨ Payroll Account; |
| | ¨ Other: |
| | | | | |
| | | | Amount |
1. | | CASH BALANCE FROM PREVIOUS MONTH’S REPORT: | | $ | 0.00 |
| | | | | |
2. | | TOTAL CASH RECEIPTS: [On following page- Supplement to Part B- provide a description of the source and amount] | | $ | 0.00 |
| | | | | |
3. | | CASH BALANCE AVAILABLE [#1 plus #2] | | $ | 0.00 |
| | | | | |
4. | | TOTAL CASH DISBURSEMENTS: [On following page- Supplement to Part B- provide a description of the disbursements] | | $ | 0.00 |
| | | | | |
5. | | ENDING CASH BALANCE [#3 less #4] | | $ | 0.00 |
| | | | | |
| |
| | SUMMARY OF BANK ACCOUNT INFORMATION |
6. | | TOTAL BANK BALANCE = | | $ | 0.00 |
| | | | | |
7. | | PLUS UNCLEARED DEPOSITS | | | 0.00 |
| | | | | |
8. | | LESS UNCLEARED CHECKS | | | 0.00 |
| | | | | |
9. | | RECONCILED BALANCE: | | *$ | 0.00 |
| | | | | |
| | | | |
BANK NAME | | ACCOUNT NUMBER | | NATURE OF ACCOUNT |
First Federal S&L | | 8933 (now #7996) | | Tax-Checking Account |
* | If item #5 differs from Item #9, please explain: |
SUPPLEMENT TO PART B:
MUST BE COMPLETED FOR EACH OPEN BANK ACCOUNT
DESCRIPTION/ITEMIZATION OF RECEIPTS AND DISBURSEMENTS
| | |
NATURE/TYPE OF ACCOUNT: | | ¨ General/Operating Account; |
| | x Tax Account; #8933 (now #7996) |
| | ¨ Payroll Account; |
| | ¨ Other: |
| | | |
| | Amount |
1. RECEIPTS: | | | |
Sales | | | |
Collection of postpetition accounts receivable | | | |
Collection of prepetition accounts receivable | | | |
Borrowing by debtor | | | |
Transfer from another account (#_________) | | | |
Other Income (describe on attachment) | | | |
Less allowance for returns and discounts | | | |
*TOTAL = | | $ | 0.00 |
| | | |
* Total equals item #2/Total Cash Receipts on Part B. | | | |
| |
| | Amount |
2. DISBURSEMENTS: | | | |
Purchases of inventory | | | |
Net Payroll (transfer to payroll account) | | | |
Payroll Taxes (transfer to tax account) | | | |
Rent | | | |
Other lease payments | | | |
Utilities (Telephone, Electricity, Other) | | | |
Sales Tax | | | |
Other taxes | | | |
Travel and Entertainment | | | |
Automobile or vehicle expense | | | |
Service charges | | | |
Vehicle insurance | | | |
Life and health insurance | | | |
Other insurance | | | |
Supplies | | | |
Freight | | | |
Advertising | | | |
Repairs and Maintenance | | | |
Payments to secured creditors | | | |
Other Expenses (describe on attachment) | | | |
*TOTAL = | | $ | 0.00 |
| | | |
* | Total equals item #4/Total Cash Disbursements on Part B. |
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JULY , 2009
PART C: N/A
SUMMARY OF ACCOUNTS RECEIVABLE
| | | |
| | Amount |
1. Beginning Balance | | $ | |
2. Sales on Account | | $ | |
3. Collections on Account | | $ | |
4. Ending Balance [Item #1 plus #2 minus #3] | | $ | |
STATUS OF COLLECTIONS:
| | | |
| | Amount |
Current to 30 days | | $ | |
31 to 60 days | | $ | |
61 to 90 days | | $ | |
91 to 120 days | | $ | |
121 days and older | | $ | |
TOTAL: | | $ | |
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JULY , 2009
PART D: N/A
SUMMARY OF ACCOUNTS PAYABLE
[EXCLUDING PREPETITION ACCOUNTS PAYABLE]
| | |
| | Amount |
Current to 30 days | | $ |
31 to 60 days | | $ |
61 to 90 days | | $ |
91 to 120 days | | $ |
121 days and older | | $ |
TOTAL: | | $ |
If there are payables outstanding greater than 60 days, please provide explanation:
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JULY , 2009
Part E: N/A
STATUS OF PAYMENTS TO SECURED CREDITORS
1. Creditor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
2. Creditor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
3. Creditor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
4. Creditor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
5. Creditor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
6. Creditor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
[Attach a separate page for additional secured creditors]
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JULY , 2009
Part F: N/A
STATUS OF PAYMENTS TO LESSORS
Provide the following information for all leases that have not been rejected:
1. Lessor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
2. Lessor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
3. Lessor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
4. Lessor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
5. Lessor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
6. Lessor Name:
Was this creditor paid a full payment this month? Amount:
If not, was any amount paid to the creditor this month? Amount: Date:
Have all payments due to this creditors since the petition date been paid?
If not, how much is owed this creditor in missed or partial payments since the petition date?
[Attach a separate page for additional lessors]
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JULY , 2009
PART G:
SUMMARY OF OFFICER/OWNER COMPENSATION AND PERSONNEL REPORT
1. | Report all salaries received from or paid by the debtor to an owner or officer of the debtor. Check here if same as last monthly reportor provide the following information: |
| | | | | | | | | | |
Name of Officer/Owner | | Title | | Amount of Compensation Authorized By the Court | | Amount of Compensation Received this month | | | Date Approved |
Ralph N. Strayhorn | | CEO/President | | $6,000 per month Effective 7/1/2009 | | $ | 8,000 | * | | 8/17/2009 |
* | Paid only $4,000 in August to adjust for $2,000 overpayment in July. |
¨ | Check here if same as last monthly reportor provide the following information: |
| | |
| | Full Time |
Total number of employees at beginning of the reporting period | | 1 |
Number hired during the period | | 0 |
Number terminated/resigned during the period | | 0 |
| | |
Total number of employees at the end of the period | | 1 |
| | |
3. | Report all payments made to professionals (i.e. accountants, attorneys, realtors) paid by the debtor: |
| | | | | | | | |
Name of Professional | | Type of Service (i.e. acct, atty, etc) | | Amount of Compensation Authorized By the Court | | Amount of Compensation Received | | Date Approved |
| | | | |
None | | | | | | | | |
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JULY , 2009
PART H:
ACCRUAL BASIS INCOME/[LOSS] FOR THE MONTH
| | | | | | |
| | | | Amount | |
1. | | Total Sales or Revenue | | $ | 0.00 | |
| | | | | | |
2. | | Cost of Goods Sold | | | | |
| | Material: | | $ | | |
| | Labor: | | $ | | |
| | Other: | | $ | | |
| | TOTAL COSTS | | $ | 0.00 | |
| | | | | | |
3. | | Gross Profit [Item #1 minus item #2] | | $ | 0.00 | |
| | | | | | |
4. | | TOTAL OPERATING EXPENSES | | $ | 871.60 | |
| | | | | | |
5. | | Net Profit or <Loss> [Item #3 minus #4] | | $ | (871.60 | ) |
| | | | | | |
6. | | Total Non-Operating Income/Expenses | | $ | 0.00 | |
| | | | | | |
7. | | Net Profit or <Loss> [Item #5 minus #6] | | $ | (871.60 | ) |
| | | | | | |
[If a detailed INCOME STATEMENT is available, please attach it to the monthly report]
CAPE FEAR BANK CORPORATION
INCOME/EXPENSE STATEMENT
July 31, 2009
| | | | | | | | | | | |
| | | | Month Ending 7/31/2009 | | | Month Ending 6/30/2009 | | | Year to Date Jan-Jul 2009 | |
Income: | | | | | | | | | | | |
32508577 | | Equity in Earnings of Bank | | — | | | — | | | (31,482,636.10 | ) |
32508677 | | Equity in Earnings of Trust | | — | | | 613.46 | | | 4,581.14 | |
33000577 | | Misc Income | | — | | | — | | | — | |
| | | | | | | | | | | |
| | Total Income | | — | | | 613.46 | | | (31,478,054.96 | ) |
| | | | | | | | | | | |
Expense: | | | | | | | | | | | |
45100877 | | Accretion of Discount-Sub Deb | | — | | | (416.67 | ) | | (2,486.89 | ) |
45100977 | | Int Expense-Subordin Debenture | | — | | | 20,402.54 | | | 152,359.81 | |
45602077 | | Legal Expense | | — | | | 17,689.45 | | | 90,047.69 | |
45602277 | | Accounting Expense | | — | | | — | | | — | |
45602377 | | Data Processing Expense | | — | | | 319,68 | | | 319.68 | |
45602477 | | Contract Services Expense | | — | | | 24,000.00 | | | 24,000.00 | |
45602577 | | Salary Expense | | — | | | 24,000.00 | | | 24,000.00 | |
45602677 | | FICA Expense | | — | | | 1,836.00 | | | 1,836.00 | |
45602777 | | Unemployment Tax-Federal | | — | | | 56.00 | | | 56.00 | |
45602877 | | Unemployment Tax-State | | — | | | 231.60 | | | 231.60 | |
45602977 | | Payroll Admin Expense | | — | | | 129.60 | | | 129.60 | |
45607277 | | Stockholders Expense | | — | | | (25,106.54 | ) | | 171,383.28 | |
45609077 | | Other Expense | | 871.60 | | | 1,065.69 | | | 2,047.96 | |
45800377 | | Corp Franchise Tax | | — | | | — | | | 45,000.00 | |
45800577 | | Prov for State Inc Tax | | — | | | — | | | — | |
45800777 | | Prov for Federal Inc Tax | | — | | | (33,900.00 | ) | | (171,200.00 | ) |
| | | | | | | | | | | |
| | Total Expense | | 871.60 | | | 30,307.35 | | | 337,724.73 | |
| | | | | | | | | | | |
| | Net Income | | (871.60 | ) | | (29,693.89 | ) | | (31,815,779.69 | ) |
| | | | | | | | | | | |
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE MONTH OF JULY , 2009
PART I: ACCRUAL BASIS BALANCE SHEET
This part must be submitted with thefirst monthly reportand thereafter on aquarterly basis,with the reports forMarch, June, September and December,unless a different date is agreed to by the Bankruptcy Administrator, until confirmation of the plan. It is permissible and helpful if a balance sheet is submitted more often than once a quarter, but not required. An “in house” report may be attached, with the approval of the Bankruptcy Administrator, provided it meets the accrual requirement.
| | | | |
ASSETS | |
CURRENT ASSETS | | | | |
Cash | | $ | 415,176.94 | |
Accounts receivable [net] | | | 0 | |
Other receivables | | | 405,678.31 | |
Inventories | | | 0 | |
| | | | |
Prepaid | | | 32,310.55 | |
Total Current Assets | | | 853,165.80 | |
FIXED, LONG TERM, AND OTHER ASSETS | | | | |
Land | | | 0 | |
Fixed Assets | | | 0 | |
| | | | |
Accumulated depreciation on fixed assets | | | 0 | |
| | | | |
Other Assets - Net | | | 310,000.00 | |
Total fixed, long term and other assets | | | 310,000.00 | |
Total assets | | $ | 1,163,165.80 | |
LIABILITIES AND STOCKHOLDERS’ EQUITY | |
CURRENT LIABILITIES | | | | |
Accounts Payable | | | 174,699.58 | |
Notes Payable | | | 0 | |
Salaries Payable | | | 0 | |
Payroll Taxes Payable | | | 0 | |
| | | | |
Income Taxes Payable | | | 0 | |
| | | | |
Other Current Liabilities | | | 0 | |
Total Current Liabilities | | | 174,699.58 | |
LONG TERM LIABILITIES | | | | |
Prepetition Liabilities | | | 10,310,000.00 | |
Postpetition Long Term | | | 0 | |
Total Long Term Liabilities | | | 10,310,000.00 | |
TOTAL LIABILITIES | | | 10,484,699.58 | |
OWNERS’ [STOCKHOLDERS’] EQUITY | | | | |
Stock [investment in company] | | | 13,446,247.50 | |
Retained Earning | | | (22,767,801.28 | ) |
Total Owners Equity | | | (9,321,553.78 | ) |
Total Liabilities and Owners’ Equity | | | 1,163,165.80 | |
CAPE FEAR BANK CORPORATION
BALANCE SHEET
July 31, 2009
| | | | | | | | |
| | | | Month End 7/31/2009 | | | Month End 6/30/2009 | |
Assets: | | | | | | | | |
10210077 | | Cash & Due from Banks | | 415,176.94 | | | 422,755.84 | |
10802577 | | Dividend Receivable | | 5,078.31 | | | 5,078.31 | |
10805577 | | Tax Benefit Receivable | | 400,600.00 | | | 400,600.00 | |
10811077 | | Prepaid Franchise Tax | | — | | | — | |
10811177 | | Prepaid Other | | 32,310.55 | | | 32,310.55 | |
10819277 | | Investment in Trust | | 310,000.00 | | | 310,000.00 | |
10819377 | | Investment in Bank | | — | | | — | |
10819477 | | Due from Subsidiary | | — | | | — | |
| | | | | | | | |
| | Total Assets | | 1,163,165.80 | | | 1,170,744.70 | |
| | | | | | | | |
Liabilities: | | | | | | | | |
21501177 | | Subordinated Deb-Payable to Tr | | 10,310,000.00 | | | 10,310,000.00 | |
21600577 | | Accr Taxes Payable | | — | | | — | |
21600677 | | A/P-Federal Withholding | | — | | | 2,951.30 | |
21600777 | | A/P-State Withholding | | — | | | 1,308.00 | |
21600877 | | A/P-FICA Withholding | | — | | | 2,448.00 | |
21602777 | | Interest Payable | | 168,894.82 | | | 168,894.82 | |
21708077 | | Discount on Subordin Debenture | | 5,804.76 | | | 5,804.76 | |
21709077 | | Due to Subsidiary | | — | | | — | |
21709577 | | Other Liabilities | | — | | | — | |
21710077 | | Dividends Payable | | — | | | — | |
| | | | | | | | |
| | Total Liabilities | | 10,484,699.58 | | | 10,491,406.88 | |
| | | | | | | | |
Equity: | | | | | | | | |
29001077 | | Common Stock | | 13,446,247.50 | | | 13,446,247.50 | |
29001577 | | Addl Paid in Capital | | 13,994,472.20 | | | 13,994,472.20 | |
29002077 | | Retained Earnings | | (4,628,687.33 | ) | | (4,628,687.33 | ) |
29002977 | | FASB 123R Option Adj | | 281,456.79 | | | 281,456.79 | |
29003077 | | Accumulated Other Compre Inc | | (599,243.25 | ) | | (599,243.25 | ) |
| | Net Income | | (31,815,779.69 | ) | | (31,814,908.09 | ) |
| | | | | | | | |
| | Total Equity/Capital | | (9,321,533.78 | ) | | (9,320,662.18 | ) |
| | | | | | | | |
| | Total Liabilities/Capital | | 1,163,165.80 | | | 1,170,744.70 | |
| | | | | | | | |
ATTACHMENT TO CHAPTER 11 MONTHLY REPORT
FOR THE QUARTER OF September, 2009
Exhibit J: Chapter 11 Quarterly Fees
To be completedquarterly.Only complete the information for thecurrentquarter. Disbursements include: Sum total of disbursements from all bank accounts, including payments of operating expenses and payments to secured creditors and lessors. Disbursements do not include transfers between accounts. Quarterly fees are not prorated.
1stQuarter
Disbursements for January, 20 :
Disbursements for February, 20 : Amount of Fee Due:
Disbursements for March, 20 : Amount Paid:
Total Disbursements for the 1st Quarter:
2ndQuarter
Disbursements for April, 20 :
Disbursements for May, 20 : Amount of Fee Due: $650.00
Disbursements for June, 2009 : $16,807.89 Amount Paid: $650.00
Total Disbursements for the 2nd Quarter: $16,807.89
3rdQuarter
Disbursements for July, 2009 : $7,578.90
Disbursements for August, 20 : Amount of Fee Due:
Disbursements for September, 20 : Amount Paid:
Total Disbursements for the 3rd Quarter:
4thQuarter
Disbursements for October, 20 :
Disbursements for November, 20 : Amount of Fee Due:
Disbursements for December, 20 : Amount Paid:
Total Disbursements due for the 4th Quarter:
Chapter 11 Quarterly Fees Scale
| | | |
Distribution Range | | Amount Due |
$0 to $14,999.99 | | $ | 325.00 |
$15,000 - $74,999.99 | | $ | 650.00 |
$75,000 - $149,999.99 | | $ | 975.00 |
$150,000 - $224,999.99 | | $ | 1,625.00 |
$225,000 - $299,999.99 | | $ | 1,950.00 |
$300,000 - $999,999.99 | | $ | 4,875.00 |
$1,000,000 - $1,999,999.99 | | $ | 6,500.00 |
$2,000,000 - $2,999,999.99 | | $ | 9,750.00 |
$3,000,000 - $4,999,999.99 | | $ | 10,400.00 |
$5,000,000 - $14,999,999.99 | | $ | 13,000.00 |
$15,000,000 - $29,999,999.99 | | $ | 20,000.00 |
$30,000,000 or more | | $ | 30,000.00 |
If the amount paid differs from the amount due, please provide an explanation: