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OFFICE OF THE UNITED STATES TRUSTEE |
CENTRAL DISTRICT OF CALIFORNIA |
| | | |
In Re: | | CHAPTER 11 (BUSINESS) |
ENIVEL, INC. | | | |
| | Case Number: | 8:10-bk-12735-RK |
| | Operating Report Number: | 9 |
Debtor(s). | | For the Month Ending: | 11/30/2010 |
I. CASH RECEIPTS AND DISBURSEMENTS |
A. (GENERAL ACCOUNT) |
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1. | TOTAL RECEIPTS PER ALL PRIOR GENERAL ACCOUNT REPORTS | 5,118,278.94 |
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2. | LESS: TOTAL DISBURSEMENTS PER ALL PRIOR GENERAL ACCOUNT REPORTS | 5,084,787.16 |
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3. | BEGINNING BALANCE: | | | | 33,491.78 |
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4. | RECEIPTS DURING CURRENT PERIOD: | | | |
| Accounts Receivable - Post-filing | | 512,095.78 | |
| Accounts Receivable - Pre-filing | | 0.00 | |
| General Sales | | | 0.00 | |
| Other (Specify) | Trfs from Other DIP Accts | | 211,700.00 | |
| Other (Specify) | DIP Financing | | 44,411.86 | |
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| TOTAL RECEIPTS THIS PERIOD: | | | 768,207.64 |
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5. | BALANCE: | | | | 801,699.42 |
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6. | LESS: TOTAL DISBURSEMENTS DURING CURRENT PERIOD | | | |
| Transfers to Other DIP Accounts (from page 2) | | 381,300.00 | |
| Disbursements (from page 2) | | | 380,151.14 | |
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| TOTAL DISBURSEMENTS THIS PERIOD: | | | 761,451.14 |
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7. | ENDING BALANCE: | | | | 40,248.28 |
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8. | General Account Number(s): | | | BOH: 0007-050151, 0028-039131 |
| | | | FHB: 46-019156 |
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| Depository Name & Location: | | Bank of Hawaii, 1617 Dillingham Blvd |
| | | | Honolulu, HI 96817 |
| | | | First Hawaiian Bank, 120 Sand Island Access Rd |
| | | | Honolulu, HI 96819 |
Date mm/dd/yyyy | | Check Number | | Payee | | Purpose | | Amount Transferred | | Amount Disbursed | | Total Disbursements |
November 2010 | | | | See Exhibit I for details | | November disbursements | | | | 380,151.14 | | 380,151.14 |
November 2010 | | | | See Exhibit I for details | | November Intra Debtor transfers | | 381,300.00 | | | | 381,300.00 |
November 2010 | | | | See Exhibit I for details | | November Inter Debtor transfers | | - | | | | - |
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| | | | TOTAL DISBURSEMENTS THIS PERIOD (FN1): | | 381,300.00 | | 380,151.14 | | $761,451.14 |
(FN1) - Transfers reported on this schedule represent two different types of non-disbursement activity. Intra Debtor transfers are transfers between bank accounts with the same Federal Identification Number. Inter Debtor transfers are transfers to bank accounts held by other Debtors within the same bankruptcy proceeding.
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BANK RECONCILIATION |
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| Bank Statement Date: | | 11/30/2010 | | Balance on Statement: | | 63,557.66 |
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Plus deposits in transit (a): | | | | | | |
| | | Deposit Date | | Deposit Amount | | |
| Deposits from BOH Acc #007-050151 are set | | | | | | |
| forth on Exhibit II and total $2,642.12 | | | | 2,642.12 | | See Exhibit II |
| Deposits from FHB Acc #46-019156 are set | | | | | | |
| forth on Exhibit III and total $13,742.73 | | | | 13,742.73 | | See Exhibit III |
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TOTAL DEPOSITS IN TRANSIT | | | | | | 16,384.85 |
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Less Outstanding Checks (a): | | | | | | |
| Check Number | | Check Date | | Check Amount | | |
| Checks from BOH Acc #007-050151 are set | | | | | | |
| forth on Exhibit IV and total $17371.73 | | | | 17,371.73 | | See Exhibit IV |
| Checks from FHB Acc #46-019156 are set | | | | | | |
| forth on Exhibit V and total $22,322.50 | | | | 22,322.50 | | See Exhibit V |
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TOTAL OUTSTANDING CHECKS: | | | | | | 39,694.23 |
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Bank statement Adjustments: | | | | | | |
Explanation of Adjustments- | | | | | | |
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ADJUSTED BANK BALANCE: | | | | | | 40,248.28 |
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B. (PAYROLL ACCOUNT) |
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1. TOTAL RECEIPTS PER ALL PRIOR PAYROLL ACCOUNT REPORTS | 1,470,796.58 |
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2. LESS: TOTAL DISBURSEMENTS PER ALL PRIOR PAYROLL ACCOUNT REPORTS | 1,471,211.93 |
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3. BEGINNING BALANCE: | | | (415.35) |
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4. RECEIPTS DURING CURRENT PERIOD: | | | |
(Transferred from General Account) | | | 169,698.35 |
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5. BALANCE: | | | 169,283.00 |
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6. LESS: TOTAL DISBURSEMENTS DURING CURRENT PERIOD | |
TOTAL DISBURSEMENTS THIS PERIOD: | | | 169,143.87 |
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7. ENDING BALANCE: (FN1) | | | 139.13 |
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8. PAYROLL Account Number(s): | | 01-198254 |
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Depository Name & Location: | | First Hawaiian Bank |
| | 120 Sand Island Access Rd |
| | Honolulu, HI 96819 |
Date mm/dd/yyyy | | Check Number | | Payee | | Purpose | | Amount |
November 2010 | | | | See Exhibit VI for details | | November Payroll | | 169,143.87 |
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| | | | TOTAL DISBURSEMENTS THIS PERIOD: | | 169,143.87 |
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BANK RECONCILIATION |
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| Bank Statement Date: | | 11/30/2010 | | Balance on Statement: | | 9,874.64 |
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Plus deposits in transit (a): | | | | | | |
| | | Deposit Date | | Deposit Amount | | |
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TOTAL DEPOSITS IN TRANSIT | | | | | | 0.00 |
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Less Outstanding Checks (a): | | | | | | |
| Check Number | | Check Date | | Check Amount | | |
| Checks from FHB Acc #01-198254 are set forth on Exhibit VII and total $9,735.51 | | | | 9,735.51 | | See Exhibit VII |
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TOTAL OUTSTANDING CHECKS: | | | | | | 9,735.51 |
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Bank statement Adjustments: | | | | | | |
Explanation of Adjustments- | | | | | | |
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ADJUSTED BANK BALANCE: | | | | | | 139.13 |
I. CASH RECEIPTS AND DISBURSEMENTS |
C. (TAX ACCOUNT) |
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1. TOTAL RECEIPTS PER ALL PRIOR TAX ACCOUNT REPORTS | 0.00 |
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2. LESS: TOTAL DISBURSEMENTS PER ALL PRIOR TAX ACCOUNT REPORTS | |
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3. BEGINNING BALANCE: | | | 0.00 |
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4. RECEIPTS DURING CURRENT PERIOD: | | | 0.00 |
(Transferred from General Account) | | | |
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5. BALANCE: | | | 0.00 |
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6. LESS: TOTAL DISBURSEMENTS DURING CURRENT PERIOD | |
TOTAL DISBURSEMENTS THIS PERIOD: | | | 0.00 |
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7. ENDING BALANCE: | | | 0.00 |
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8. TAX Account Number(s): | | NONE | |
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Depository Name & Location: | | | |
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TOTAL DISBURSEMENTS FROM TAX ACCOUNT FOR CURRENT PERIOD
Date mm/dd/yyyy | | Check Number | | Payee | | Purpose | | Amount |
N/A | | | | | | | | |
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| | | | TOTAL DISBURSEMENTS THIS PERIOD: | | 0.00 |
TAX ACCOUNT |
BANK RECONCILIATION |
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| Bank Statement Date: | | N/A | | Balance on Statement: | | 0.00 |
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Plus deposits in transit (a): | | | | | | |
| | | Deposit Date | | Deposit Amount | | |
| | | N/A | | | | |
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TOTAL DEPOSITS IN TRANSIT | | | | | | 0.00 |
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Less Outstanding Checks (a): | | | | | | |
| Check Number | | Check Date | | Check Amount | | |
| | | N/A | | | | |
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TOTAL OUTSTANDING CHECKS: | | | | | | 0.00 |
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Bank statement Adjustments: | | | | | | |
Explanation of Adjustments- | | | | | | |
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ADJUSTED BANK BALANCE: | | | | | | 0.00 |
I. D SUMMARY SCHEDULE OF CASH
ENDING BALANCES FOR THE PERIOD:
| | | General Account: | | 40,248.28 | | | |
| | | Payroll Account: | | 139.13 | | | |
| | | Tax Account: | | 0.00 | | | |
Other Accounts: | | NONE | | | 0.00 | | | |
| | | | | 0.00 | | | |
| | | | | 0.00 | | | |
Other Monies: | | NONE | | | 0.00 | | | |
| | Petty Cash and Cash on Hand (from below): | | 6,185.00 | | | |
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TOTAL CASH AVAILABLE: | | | | | 46,572.41 | |
Petty Cash Transactions (Includes cash maintained in registers at stores, office petty cash and petty cash for gas for delivery vehicles):
Date | | Purpose | | | Amount | | | |
3/31/2010 | | Beginning balance | | 6,787.67 | | | |
5/31/2010 | | Three months of petty cash disbursements at main office and 15 stores on supplies, fuel, minor repairs and small cash transactions. In the past, petty cash was reconciled every 3 to 4 months but is now done monthly. The Debtor generally replenishes the balances at the end of each month. Most petty cash expenses are included in the profit and loss statement of the Debtor. The balance on May 31, 2010 was $6,197.67. | | (590.00 | ) | | |
9/30/2010 | | Prior to 9/30/10, the Debtor reconciled petty cash sporadically. When petty cash was reconciled at the end of September, it was off by $12.67. The balance on September 30, 2010 was $6,185. All disbursements are reflected on the Debtor's profit and loss statement when amounts are replenished. | | (12.67 | ) | | |
10/31/2010 | | $4,025 in cash registers at 15 stores, $600 in petty cash at office, and $1,560 in petty cash for gas for delivery vehicles. The total balance as of 10/31/2010 was $6,185.00. | | 0.00 | | | |
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TOTAL PETTY CASH TRANSACTIONS: | | | | 6,185.00 | |
AND OTHER PARTIES TO EXECUTORY CONTRACTS
Creditor, Lessor, Etc. | | Frequency of Payments (Mo/Qtr) | | Amount of Payment | | | Post-Petition payments not made (Number) | | | Total Due | |
Setal and related entities (secured creditors)(FN1) | | N/A. Debt matured pre-petition | | | N/A | | | | N/A | | | | |
De Lage Landen-Equip Lease | | Monthly | | | 277.00 | | | | 0 | | | | 0.00 | |
De Lage Landen-Equip Lease | | Monthly | | | 277.00 | | | | 0 | | | | 0.00 | |
Axis-Equipment Lease | | Monthly | | | 642.00 | | | | 0 | | | | 0.00 | |
Direct Capital- Equip Lease | | Monthly | | | 1,275.00 | | | | 0 | | | | 0.00 | |
First Hawaiian Bank-Secured Note (FN2) | | Monthly | | | 6,655.05 | | | | 0 | | | | 0.00 | |
Rhoton Family Trust dated 5/8/00 | | N/A. Debt matured pre-petition | | | N/A | | | | N/A | | | | | |
Kaimana Ventures Ltd. - Landlord | | Monthly | | | 1,751.83 | | | | 0 | | | | 0.00 | |
Bishop Square Associates - Landlord | | Monthly | | | 1,238.00 | | | | 0 | | | | 0.00 | |
Duesenberg Investment Co. - Landlord | | Monthly | | | 1,157.00 | | | | 0 | | | | 0.00 | |
Pacific Guardian Center - Landlord | | Monthly | | | 390.19 | | | | 0 | | | | 0.00 | |
Tanaka Properties, LLC - Landlord - HI Plant | | Monthly | | | 30,286.17 | | | | 0 | | | | 0.00 | |
**See attached schedule for remaining leases | | | | | | TOTAL DUE: | | | | 11,811.10 | |
(FN1) - All of the Debtors are jointly and severally liable for Setal debt, which for convenience is listed in detail on the Monthly report for U.S. Dry Cleaning Services
(FN2) - This is a secured loan and the treatment of this loan will be provided for in the plan of reorganization.
III. TAX LIABILITIES
FOR THE REPORTING PERIOD:
Gross Sales Subject to Sales Tax: | 602,164.81 | |
Total Wages Paid: | 252,590.97 | |
| | | | | Total Post-Petition Amounts Owing | | | Amount Delinquent | | Date Delinquent Amount Due | |
| (FN3) | | Federal Withholding | | | 0.00 | | | | 0.00 | | | |
| (FN3) | | State Withholding | | | 0.00 | | | | 0.00 | | | |
| (FN3) | | FICA- Employer's Share | | | 0.00 | | | | 0.00 | | | |
| (FN3) | | FICA- Employee's Share | | | 0.00 | | | | 0.00 | | | |
| (FN3) | | Federal Unemployment | | | 0.00 | | | | 0.00 | | | |
| | | Sales and Use | | | 7,008.43 | | | | 0.00 | | | |
| | | Real Property | | | 0.00 | | | | 0.00 | | | |
| Other: | | State Unemployment (FN3) | | | 0.00 | | | | 0.00 | | | |
| | | TOTAL: | | | 7,008.43 | | | | 0.00 | | | |
(FN3) - The Debtor uses a payroll service that makes pre-funded payroll tax payments directly to the taxing authorities
II. STATUS OF PAYMENTS TO SECURED CREDITORS, LESSORS
AND OTHER PARTIES TO EXECUTORY CONTRACTS
(CONTINUED)
Creditor, Lessor, Etc. | | Frequency of Payments (Mo/Qtr) | | Amount of Payment | | | Post-Petition payments not made (Number) | | | Total Due | |
Trustees of the Estate of Bernice Pauahi Bishop | | Monthly | | | 2,381.60 | | | | 0 | | | | 0.00 | |
Manoa Marketplace, LLC | | Monthly | | | 2,554.00 | | | | 0 | | | | 0.00 | |
Kahala Center Company | | Monthly | | | 3,622.00 | | | | 0 | | | | 0.00 | |
WCSC, LLC | | Monthly | | | 1,806.00 | | | | 0 | | | | 0.00 | |
TIAA Realty, Inc. | | Monthly | | | 2,282.00 | | | | 0 | | | | 0.00 | |
Fort Street Investment Corp. | | Monthly | | | 4,080.00 | | | | 0 | | | | 0.00 | |
Kahala Center Company | | Monthly | | | 8,133.34 | | | | 0 | | | | 0.00 | |
Twenty First Technologies Corp. | | Monthly | | | 3,178.00 | | | | 0 | | | | 0.00 | |
Victoria Ward, Limited | | Monthly | | | 6,264.00 | | | | 0 | | | | 0.00 | |
Manana CDIT, LLC | | Monthly | | | 6,319.00 | | | | 0 | | | | 0.00 | |
Vision Windward 1, LLC-Rejected Lease (FN1) | | Monthly | | | 4,537.00 | | | | 3 | | | | 9,534.41 | |
Waimalu Plaza Co.-Rejected Lease (FN1) | | Monthly | | | 2,159.00 | | | | 3 | | | | 2,276.69 | |
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(FN1) - These leases were rejected by the Debtor at the end of May 2010. The Debtor owes lease administrative payments for March, April and May 2010. The remaining unpaid balances are shown on the schedule.
IV. AGING OF ACCOUNTS PAYABLE AND RECEIVABLE
| | | | | | | | Accounts Payable | | | Accounts Receivable | |
| | | | | | | | Post-Petition | | | Pre-Petition | | | Post-Petition | |
| | | | | 30 days or less | | | 31,670.58 | | | 0.00 | | | 360,049.41 | |
| | | | | 31 - 60 days | | | 1,783.08 | | | 0.00 | | | 41,144.16 | |
| | | | | 61 - 90 days | | | 486.60 | | | 0.00 | | | 7,469.49 | |
| | | | | 91 - 120 days | | | 27,616.91 | | | 0.00 | | | 8,713.94 | |
| | | | | Over 120 days | | | 53,908.73 | | | 0.00 | | | 89,812.51 | |
| | | | | TOTAL: | | | 115,465.90 | | | 0.00 | | | 507,189.51 | |
| | | | | Name of Carrier | | | Amount of Coverage | | | Policy Expiration Date | | | Premium Paid Through (Date) | |
| | Workers Compensation | | | Argo | | | Compulsory | | | 6/1/2010 | | | 6/1/2010 | * |
| | Umbrella | | | Evanston | | | 4,000,000 | | | 10/30/2010 | | | 11/30/2010 | |
| | Property | | | Lloyd's of London | | | 3,592,500 | | | 10/30/2011 | | | 11/30/2010 | |
| | Liability | | | Essex | | | 1,000,000 | | | 10/30/2010 | | | 11/30/2010 | |
Others: | | Health (FN1) | | | HMAA | | | Varies | | | Mo. to Mo. | | | 11/30/2010 | |
| | Auto | | | Island Insurance | | | 1,000,000 | | | 9/30/2011 | | | 9/30/2011 | |
* The premiums have been paid through the policy term. Premium financing payments are due in 4 monthly payments of $7,499.
VI. UNITED STATES TRUSTEE QUARTERLY FEES
(TOTAL PAYMENTS)
| | (FN2) | |
Quarterly Period Ending (Date) | | Total Disbursements | | | Quarterly Fees | | | Date Paid | | | Amount Paid | | | Quarterly Fees Still Owing | |
3/31/2010 | | | 346,459.41 | | | | 4,875.00 | | | 5/11/10 | | | | 4,875.00 | | | | 0.00 | |
6/30/2010 | | | 1,755,913.30 | | | | 6,500.00 | | | 7/30/10 | | | | 9,750.00 | | | | (3,250.00 | ) |
9/30/2010 | | | 1,476,449.21 | | | | 6,500.00 | | | 10/28/10 | | | | 6,500.00 | | | | 0.00 | |
| | | | | | | | | | 11/23/10 | | | | 3,250.00 | | | | (3,250.00 | ) |
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| | | | | | | 17,875.00 | | | | | | | | 24,375.00 | | | | (6,500.00 | ) |
(FN1) - The health insurance is paid current at the beginning of each month.
(FN2) - Pursuant to discussion with the Office of the United States Trustee, the Total Disbursements amounts for the previous quarters have been restated to reflect only disbursements from the Debtors' bankruptcy estates (and not inter and intra company transfers). Inter and intra company transfers have been eliminated to show only true disbursements leaving the bankruptcy estates. The relating Quarterly Fees have been restated, accordingly.
VII SCHEDULE OF COMPENSATION PAID TO INSIDERS
Name of Insider | | Date of Order Authorizing Compensation | | Authorized Gross Compensation | | Gross Compensation Paid During the Month | |
Michael Drace | | July 2010 | | Weekly compensation $15,650.00 | | 15,650.00 | |
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VIII. SCHEDULE OF OTHER AMOUNTS PAID TO INSIDERS
Name of Insider | | Date of Order Authorizing Compensation | | Description | | Amount Paid During the Month | |
NONE | | | | | | | |
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IX. PROFIT AND LOSS STATEMENT
(ACCRUAL BASIS ONLY)
| | Current Month | | | Cumulative Post-Petition | |
Sales/Revenue: | | | | | | |
Gross Sales/Revenue | | | 602,164.81 | | | | 5,291,093.23 | |
Less: Returns/Discounts | | | 103,003.13 | | | | 880,847.60 | |
Net Sales/Revenue | | | 499,161.68 | | | | 4,410,245.63 | |
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Cost of Goods Sold: | | | | | | | | |
Beginning Inventory at cost | | | 0.00 | | | | 0.00 | |
Purchases | | | 20,606.12 | | | | 219,352.18 | |
Less: Ending Inventory at cost | | | 0.00 | | | | 0.00 | |
Cost of Goods Sold (COGS) | | | 20,606.12 | | | | 219,352.18 | |
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Gross Profit | | | 478,555.56 | | | | 4,190,893.45 | |
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Other Operating Income (Itemize) | | | 0.00 | | | | 0.00 | |
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Operating Expenses: | | | | | | | | |
Payroll - Insiders | | | 15,650.00 | | | | 89,650.00 | |
Payroll - Other Employees | | | 236,940.97 | | | | 2,150,081.25 | |
Payroll Taxes | | | 29,593.55 | | | | 234,035.22 | |
Other Taxes (Itemize) | | | 0.00 | | | | 1,402.12 | |
Depreciation and Amortization | | | 16,667.89 | | | | 159,655.10 | |
Rent Expense - Real Property | | | 71,906.20 | | | | 677,108.89 | |
Lease Expense - Personal Property | | | 15.00 | | | | 30,297.28 | |
Insurance | | | 5,928.08 | | | | 60,195.50 | |
Real Property Taxes | | | 0.00 | | | | 0.00 | |
Telephone and Utilities | | | 49,136.16 | | | | 317,565.42 | |
Repairs and Maintenance | | | 5,650.50 | | | | 31,414.31 | |
Travel and Entertainment (Itemize) | | | 1,096.19 | | | | 2,757.34 | |
Miscellaneous Operating Expenses (Itemize) | | | 45,841.45 | | | | 450,359.37 | |
Total Operating Expenses | | | 478,425.99 | | | | 4,204,521.80 | |
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Net Gain/(Loss) from Operations | | | 129.57 | | | | (13,628.35 | ) |
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Non-Operating Income: | | | | | | | | |
Interest Income | | | (228.81 | ) | | | 929.06 | |
Net Gain on Sale of Assets (Itemize) | | | 0.00 | | | | 0.00 | |
Other (Itemize) | | | 5,061.95 | | | | 19,213.12 | |
Total Non-Operating income | | | 4,833.14 | | | | 20,142.18 | |
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Non-Operating Expenses: | | | | | | | | |
Interest Expense | | | 2,699.78 | | | | 32,341.73 | |
Legal and Professional (Itemize) | | | 3,250.00 | | | | 27,035.74 | |
Other (Itemize) | | | 22,500.00 | | | | 203,597.46 | |
Total Non-Operating Expenses | | | 28,449.78 | | | | 262,974.93 | |
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NET INCOME/(LOSS) | | | (23,487.07 | ) | | | (256,461.10 | ) |
X. BALANCE SHEET
(ACCRUAL BASIS ONLY)
| | Current Month End | | | | |
ASSETS | | | | | | |
Current Assets: | | | | | | |
Unrestricted Cash | | | 46,572.41 | | | | | |
Restricted Cash | | | 0.00 | | | | | |
Accounts Receivable | | | 507,189.51 | | | | | |
Inventory | | | 0.00 | | | | | |
Notes Receivable | | | 0.00 | | | | | |
Prepaid Expenses | | | 82,540.06 | | | | | |
Other (Itemize) | | | 108,484.13 | | | | | |
Total Current Assets | | | | | | | 744,786.11 | |
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Property, Plant, and Equipment | | | 5,465,518.44 | | | | | |
Accumulated Depreciation/Depletion | | | (4,019,569.64 | ) | | | | |
Net Property, Plant, and Equipment | | | | | | | 1,445,948.80 | |
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Other Assets (Net of Amortization): | | | | | | | | |
Due from Insiders | | | 0.00 | | | | | |
Other (Itemize) | | | 4,602,573.39 | | | | | |
Total Other Assets | | | | | | | 4,602,573.39 | |
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TOTAL ASSETS | | | | | | | 6,793,308.30 | |
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LIABILITIES | | | | | | | | |
Post-petition Liabilities: | | | | | | | | |
Accounts Payable | | | 115,465.90 | | | | | |
Taxes Payable | | | 7,008.43 | | | | | |
Notes Payable | | | 0.00 | | | | | |
Professional fees | | | 0.00 | | | | | |
Secured Debt | | | 0.00 | | | | | |
Other (Itemize) | | | 352,294.88 | | | | | |
Total Post-petition Liabilities | | | | | | | 474,769.21 | |
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Pre-petition Liabilities: | | | | | | | | |
Secured Liabilities | | | 479,646.50 | | | | | |
Priority Liabilities | | | 275,341.65 | | | | | |
Unsecured Liabilities | | | 640,460.46 | | | | | |
Other (Itemize) | | | 583,817.82 | | | | | |
Total Pre-petition Liabilities | | | | | | | 1,979,266.43 | |
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TOTAL LIABILITIES | | | | | | | 2,454,035.64 | |
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EQUITY: | | | | | | | | |
Pre-petition Owners’ Equity | | | 4,595,733.76 | | | | | |
Post-petition Profit/(Loss) | | | (256,461.10 | ) | | | | |
Direct Charges to Equity | | | 0.00 | | | | | |
TOTAL EQUITY | | | | | | | 4,339,272.66 | |
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TOTAL LIABILITIES & EQUITY | | | | | | | 6,793,308.30 | |
XI. QUESTIONNAIRE
| | | No | | Yes |
1. | Has the debtor-in-possession made any payments on its pre-petition unsecured debt, except as have been authorized by the court? If "Yes", explain below: | | X | | |
| N/A | | | | |
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| | | No | | Yes |
2. | Has the debtor-in-possession during this reporting period provided compensation or remuneration to any officers, directors, principals, or other insiders without appropriate authorization? If "Yes", explain below: | | X | | |
| N/A | | | | |
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3. | State what progress was made during the reporting period toward filing a plan of reorganization | | | | |
| The Debtors and their management are in the process of formulating the Debtors' Chapter 11 plan of reorganization. The Debtors expect to file the plan and dislcosure statement at the end of December 2010. A hearing on approval of the disclosure statement is set for February 9, 2010. | | | | |
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4. | Describe potential future developments which may have a significant impact on the case: | | | | |
| There is a pending motion to appoint a chapter 11 trustee. If that motion is granted, it would significantly impact this case. The current hearing has been continued to January 6, 2010. The Debtor (and its related entities) are in the process of attempting to raise exit financing with their investment banker, Provident Group. | | | | |
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5. | Attach copies of all Orders granting relief from the automatic stay that were entered during the reporting period. | | | | |
| N/A | | | | |
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| | | No | | Yes |
6. | Did you receive any exempt income this month, which is not set forth in the operating report? If "Yes", please set forth the amounts and sources of the income below. | | X | | |
| N/A | | | | |
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I, | Robert Lee, Chief Executive Officer | | | | |
| declare under penalty of perjury that I have fully read and understood the foregoing debtor-in-possession operating report and that the information contained herein is true and complete to the best of my knowledge. | | | | |
12/29/2010 | | /s/ Robert Lee |
Date | | Principal for debtor-in-possession |