Case Doc 1 Filed 05/04/12 Entered 05/04/12 10:08:54 Desc Main Document Page 1 of 10

Transcription

1 }bk1{form 1. Voluntary Petition}bk{ B1 (fficial Form 1)(12/11) ase oc 1 Filed 05/04/12 ntered 05/04/12 10:08:54 esc Main ocument Page 1 of 10 ame of ebtor (if individual, enter Last, First, Middle): Foxhall nternational LL nited States Bankruptcy ourt Western istrict of ennessee ame of Joint ebtor (Spouse) (Last, First, Middle): Voluntary Petition All ther ames used by the ebtor in the last 8 years (include married, maiden, and trade names): All ther ames used by the Joint ebtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec. or ndividualaxpayer.. () o./omplete (if more than one, state all) Street Address of ebtor (o. and Street, ity, and State): 430 hickasaw Land Way ollierville, ZP ode ounty of Residence or of the Principal Place of Business: Shelby Mailing Address of ebtor (if different from street address): Last four digits of Soc. Sec. or ndividualaxpayer.. () o./omplete (if more than one, state all) Street Address of Joint ebtor (o. and Street, ity, and State): ounty of Residence or of the Principal Place of Business: Mailing Address of Joint ebtor (if different from street address): ZP ode ZP ode ZP ode Location of Principal Assets of Business ebtor (if different from street address above): 2019 Ruder Street allas, ype of ebtor (Form of rganization) (heck one box) ndividual (includes Joint ebtors) See xhibit on page 2 of this form. orporation (includes LL and LLP) Partnership ther (f debtor is not one of the above entities, check this box and state type of entity below.) hapter 15 ebtors ountry of debtor's center of main interests: ach country in which a foreign proceeding by, regarding, or against debtor is pending: Full Filing Fee attached Filing Fee (heck one box) ature of Business (heck one box) Health are Business Single Asset Real state as defined in 11.S (51B) Railroad Stockbroker ommodity Broker learing Bank ther axxempt ntity (heck box, if applicable) ebtor is a taxexempt organization under itle 26 of the nited States ode (the nternal Revenue ode). Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b). See fficial Form 3A. Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See fficial Form 3B. Statistical/Administrative nformation ebtor estimates that funds will be available for distribution to unsecured creditors. ebtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. stimated umber of reditors hapter 7 hapter 9 hapter 11 hapter 12 hapter ,000 5,001 10,001 25,001 50,001 VR ,000 10,000 25,000 50, , ,000 stimated Assets $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million stimated Liabilities $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million hapter of Bankruptcy ode nder Which the Petition is Filed (heck one box) ature of ebts (heck one box) ebts are primarily consumer debts, defined in 11.S.. 101(8) as "incurred by an individual primarily for a personal, family, or household purpose." hapter 15 Petition for Recognition of a Foreign Main Proceeding hapter 15 Petition for Recognition of a Foreign onmain Proceeding ebts are primarily business debts. heck one box: hapter 11 ebtors ebtor is a small business debtor as defined in 11.S.. 101(51). ebtor is not a small business debtor as defined in 11.S.. 101(51). heck if: ebtor s aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,343,300 (amount subject to adjustment on 4/01/13 and every three years thereafter). heck all applicable boxes: A plan is being filed with this petition. Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11.S (b). HS SPA S FR R S LY

2 ase oc 1 Filed 05/04/12 ntered 05/04/12 10:08:54 esc Main ocument Page 2 of 10 B1 (fficial Form 1)(12/11) Page 2 ame of ebtor(s): Voluntary Petition Foxhall nternational LL (his page must be completed and filed in every case) All Prior Bankruptcy ases Filed Within Last 8 Years (f more than two, attach additional sheet) Location ase umber: ate Filed: Where Filed: one Location ase umber: ate Filed: Where Filed: Pending Bankruptcy ase Filed by any Spouse, Partner, or Affiliate of this ebtor (f more than one, attach additional sheet) ame of ebtor: ase umber: ate Filed: one istrict: Relationship: Judge: xhibit A (o be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and xchange ommission pursuant to Section 13 or 15(d) of the Securities xchange Act of 1934 and is requesting relief under chapter 11.) xhibit A is attached and made a part of this petition. xhibit B (o be completed if debtor is an individual whose debts are primarily consumer debts.), the attorney for the petitioner named in the foregoing petition, declare that have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13 of title 11, nited States ode, and have explained the relief available under each such chapter. further certify that delivered to the debtor the notice required by 11.S.. 342(b). Signature of Attorney for ebtor(s) (ate) xhibit oes the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? Yes, and xhibit is attached and made a part of this petition. o. xhibit (o be completed by every individual debtor. f a joint petition is filed, each spouse must complete and attach a separate xhibit.) xhibit completed and signed by the debtor is attached and made a part of this petition. f this is a joint petition: xhibit also completed and signed by the joint debtor is attached and made a part of this petition. nformation Regarding the ebtor Venue (heck any applicable box) ebtor has been domiciled or has had a residence, principal place of business, or principal assets in this istrict for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other istrict. here is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this istrict. ebtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the nited States in this istrict, or has no principal place of business or assets in the nited States but is a defendant in an action or proceeding [in a federal or state court] in this istrict, or the interests of the parties will be served in regard to the relief sought in this istrict. ertification by a ebtor Who Resides as a enant of Residential Property (heck all applicable boxes) Landlord has a judgment against the debtor for possession of debtor's residence. (f box checked, complete the following.) (ame of landlord that obtained judgment) (Address of landlord) ebtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and ebtor has included in this petition the deposit with the court of any rent that would become due during the 30day period after the filing of the petition. ebtor certifies that he/she has served the Landlord with this certification. (11.S.. 362(l)).

3 B1 (fficial Form 1)(12/11) Page 3 ame of ebtor(s): Voluntary Petition Foxhall nternational LL (his page must be completed and filed in every case) Signatures Signature(s) of ebtor(s) (ndividual/joint) Signature of a Foreign Representative declare under penalty of perjury that the information provided in this petition is true and correct. [f petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] am aware that may proceed under chapter 7, 11, 12, or 13 of title 11, nited States ode, understand the relief available under each such chapter, and choose to proceed under chapter 7. [f no attorney represents me and no bankruptcy petition preparer signs the petition] have obtained and read the notice required by 11.S.. 342(b). request relief in accordance with the chapter of title 11, nited States ode, specified in this petition. Signature of ebtor ase oc 1 Filed 05/04/12 ntered 05/04/12 10:08:54 esc Main ocument Page 3 of 10 Signature of Joint ebtor elephone umber (f not represented by attorney) declare under penalty of perjury that the information provided in this petition is true and correct, that am the foreign representative of a debtor in a foreign proceeding, and that am authorized to file this petition. (heck only one box.) request relief in accordance with chapter 15 of title 11. nited States ode. ertified copies of the documents required by 11.S are attached. Pursuant to 11.S , request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. Signature of Foreign Representative Printed ame of Foreign Representative ate Signature of onattorney Bankruptcy Petition Preparer ate Signature of Attorney* /s/ John L. Ryder Signature of Attorney for ebtor(s) John L. Ryder 8258 Printed ame of Attorney for ebtor(s) Harris Shelton Hanover Walsh, PLL Firm ame ne ommerce Square, Suite 2700 Memphis, Address declare under penalty of perjury that: (1) am a bankruptcy petition preparer as defined in 11.S.. 110; (2) prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11.S.. 110(b), 110(h), and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11.S.. 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. fficial Form 19 is attached. Printed ame and title, if any, of Bankruptcy Petition Preparer SocialSecurity number (f the bankrutpcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition preparer.)(required by 11.S ) (901) Fax: (901) elephone umber May 4, 2012 ate *n a case in which 707(b)(4)() applies, this signature also constitutes a certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect. Signature of ebtor (orporation/partnership) declare under penalty of perjury that the information provided in this petition is true and correct, and that have been authorized to file this petition on behalf of the debtor. he debtor requests relief in accordance with the chapter of title 11, nited States ode, specified in this petition. /s/ Signature of Authorized ndividual Printed ame of Authorized ndividual Managing Member itle of Authorized ndividual May 4, 2012 ate Address ate Signature of bankruptcy petition preparer or officer, principal, responsible person,or partner whose Social Security number is provided above. ames and SocialSecurity numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual: f more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer s failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both. 11.S.. 110; 18.S

4 ase oc 1 Filed 05/04/12 ntered 05/04/12 10:08:54 esc Main ocument Page 4 of 10 B4 (fficial Form 4) (12/07) nited States Bankruptcy ourt Western istrict of ennessee n re Foxhall nternational LL ase o. ebtor(s) hapter 11 LS F RRS HLG 20 LARGS SR LAMS Following is the list of the debtor's creditors holding the 20 largest unsecured claims. he list is prepared in accordance with Fed. R. Bankr. P. 1007(d) for filing in this chapter 11 [or chapter 9] case. he list does not include (1) persons who come within the definition of "insider" set forth in 11.S.. 101, or (2) secured creditors unless the value of the collateral is such that the unsecured deficiency places the creditor among the holders of the 20 largest unsecured claims. f a minor child is one of the creditors holding the 20 largest unsecured claims, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John oe, guardian." o not disclose the child's name. See 11.S.. 112; Fed. R. Bankr. P. 1007(m). (1) (2) (3) (4) (5) ame of creditor and complete mailing address including zip code Aceros Sibe SA.V. P.. Box allas, American Metal xport nc. 801 S. Garfield Avenue #288 Alhambra, A H apital P.. Box 3600 Lancaster, PA H apital P.. Box 3600 Lancaster, PA First ennessee Bank PB 132 Memphis, Landmark Bank P.. Box 1660 ollierville, LL rading nternational 45 San lemente rive #230 orte Madera, A Prateek esai 659 Moorpark Avenue #11 Mountain View, A Prime Star nvestments nc. (Habeeb) 8201 Sutherland Lane Plano, hickasaw Land Way ollierville, ame, telephone number and complete mailing address, including zip code, of employee, agent, or department of creditor familiar with claim who may be contacted Aceros Sibe SA.V. P.. Box allas, American Metal xport nc. 801 S. Garfield Avenue #288 Alhambra, A H apital P.. Box 3600 Lancaster, PA H apital P.. Box 3600 Lancaster, PA First ennessee Bank PB 132 Memphis, Landmark Bank P.. Box 1660 ollierville, LL rading nternational 45 San lemente rive #230 orte Madera, A Prateek esai 659 Moorpark Avenue #11 Mountain View, A Prime Star nvestments nc. (Habeeb) 8201 Sutherland Lane Plano, hickasaw Land Way ollierville, ature of claim (trade debt, bank loan, government contract, etc.) ndicate if claim is contingent, unliquidated, disputed, or subject to setoff Amount of claim [if secured, also state value of security] Supplier 14, Settlement 9, GSS SHAR 13, attached/w LFH001 KBL/W 13, GSS SK330L VR Line of redit 45, Mortgage on 2019 Ruder property 776, Loan 198, Loan 94, heck ashier/loan 245, Loan 1,017, Software opyright (c) H RPRA Best ase Bankruptcy

5 ase oc 1 Filed 05/04/12 ntered 05/04/12 10:08:54 esc Main ocument Page 5 of 10 B4 (fficial Form 4) (12/07) ont. n re Foxhall nternational LL ase o. ebtor(s) LS F RRS HLG 20 LARGS SR LAMS (ontinuation Sheet) (1) (2) (3) (4) (5) ame of creditor and complete mailing address including zip code he Winchester Law Firm 6060 Poplar Avenue Suite 295 Memphis, ame, telephone number and complete mailing address, including zip code, of employee, agent, or department of creditor familiar with claim who may be contacted he Winchester Law Firm 6060 Poplar Avenue Suite 295 Memphis, ature of claim (trade debt, bank loan, government contract, etc.) ndicate if claim is contingent, unliquidated, disputed, or subject to setoff Amount of claim [if secured, also state value of security] Attorney 22, LARA R PALY F PRJRY BHALF F A RPRA R PARRSHP, the Managing Member of the corporation named as the debtor in this case, declare under penalty of perjury that have read the foregoing list and that it is true and correct to the best of my information and belief. ate May 4, 2012 Signature /s/ Managing Member Penalty for making a false statement or concealing property: Fine of up to $500,000 or imprisonment for up to 5 years or both. 18.S and Software opyright (c) H RPRA Best ase Bankruptcy

6 }bk1{schedule F reditors Holding nsecured onpriority laims}bk{ B6F (fficial Form 6F) (12/07) ase oc 1 Filed 05/04/12 ntered 05/04/12 10:08:54 esc Main ocument Page 6 of 10 n re Foxhall nternational LL ebtor, ase o. SHL F RRS HLG SR PRRY LAMS State the name, mailing address, including zip code, and last four digits of any account number, of all entities holding unsecured claims without priority against the debtor or the property of the debtor, as of the date of filing of the petition. he complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. f a minor child is a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John oe, guardian." o not disclose the child's name. See, 11.S and Fed. R. Bankr. P. 1007(m). o not include claims listed in Schedules and. f all creditors will not fit on this page, use the continuation sheet provided. f any entity other than a spouse in a joint case may be jointly liable on a claim, place an "" in the column labeled "odebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H odebtors. f a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H," "W," "J," or "" in the column labeled "Husband, Wife, Joint, or ommunity." f the claim is contingent, place an "" in the column labeled "ontingent." f the claim is unliquidated, place an "" in the column labeled "nliquidated." f the claim is disputed, place an "" in the column labeled "isputed." (You may need to place an "" in more than one of these three columns.) Report the total of all claims listed on this schedule in the box labeled "otal" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules and, if the debtor is an individual with primarily consumer debts, report this total also on the Statistical Summary of ertain Liabilities and Related ata. heck this box if debtor has no creditors holding unsecured claims to report on this Schedule F. RR'S AM, MALG ARSS LG ZP, A A MBR (See instructions above.) Aceros Sibe SA.V. P.. Box allas, B R Husband, Wife, Joint, or ommunity H W J A LAM WAS RR A SRA FR LAM. F LAM S SBJ SFF, S SA. Supplier G L Q A S P AM F LAM 14, Settlement American Metal xport nc. 801 S. Garfield Avenue #288 Alhambra, A , KBL/W GSS SK330L VR H apital P.. Box 3600 Lancaster, PA , GSS SHAR attached/w LFH001 H apital P.. Box 3600 Lancaster, PA , continuation sheets attached Subtotal (otal of this page) 50, Software opyright (c) H RPRA S/: Best ase Bankruptcy

7 ase oc 1 Filed 05/04/12 ntered 05/04/12 10:08:54 esc Main ocument Page 7 of 10 B6F (fficial Form 6F) (12/07) ont. n re Foxhall nternational LL ebtor, ase o. SHL F RRS HLG SR PRRY LAMS (ontinuation Sheet) RR'S AM, MALG ARSS LG ZP, A A MBR (See instructions above.) B R Husband, Wife, Joint, or ommunity H W J A LAM WAS RR A SRA FR LAM. F LAM S SBJ SFF, S SA. Line of redit G L Q A S P AM F LAM First ennessee Bank PB 132 Memphis, , Mortgage on 2019 Ruder property Landmark Bank P.. Box 1660 ollierville, , Loan LL rading nternational 45 San lemente rive #230 orte Madera, A , Loan Prateek esai 659 Moorpark Avenue #11 Mountain View, A , heck ashier/loan Prime Star nvestments nc. (Habeeb) 8201 Sutherland Lane Plano, , Sheet no. 1 of 2 sheets attached to Schedule of reditors Holding nsecured onpriority laims Subtotal (otal of this page) 1,359, Software opyright (c) H RPRA Best ase Bankruptcy

8 ase oc 1 Filed 05/04/12 ntered 05/04/12 10:08:54 esc Main ocument Page 8 of 10 B6F (fficial Form 6F) (12/07) ont. n re Foxhall nternational LL ebtor, ase o. SHL F RRS HLG SR PRRY LAMS (ontinuation Sheet) RR'S AM, MALG ARSS LG ZP, A A MBR (See instructions above.) B R Husband, Wife, Joint, or ommunity H W J Loan A LAM WAS RR A SRA FR LAM. F LAM S SBJ SFF, S SA. G L Q A S P AM F LAM 430 hickasaw Land Way ollierville, ,017, Attorney he Winchester Law Firm 6060 Poplar Avenue Suite 295 Memphis, , Sheet no. 2 of 2 sheets attached to Schedule of reditors Holding nsecured onpriority laims Subtotal (otal of this page) otal (Report on Summary of Schedules) 1,040, ,449, Software opyright (c) H RPRA Best ase Bankruptcy

9 }bk1{reditor Adres Matrix}bk{ ase oc 1 Filed 05/04/12 ntered 05/04/12 10:08:54 esc Main ocument Page 9 of 10 Aceros Sibe SA.V. P.. Box allas, American Metal xport nc. 801 S. Garfield Avenue #288 Alhambra, A H apital P.. Box 3600 Lancaster, PA First ennessee Bank PB 132 Memphis, Landmark Bank P.. Box 1660 ollierville, LL rading nternational 45 San lemente rive #230 orte Madera, A Prateek esai 659 Moorpark Avenue #11 Mountain View, A Prime Star nvestments nc. (Habeeb) 8201 Sutherland Lane Plano, hickasaw Land Way ollierville, he Winchester Law Firm 6060 Poplar Avenue Suite 295 Memphis, 38119

10 ase oc 1 Filed 05/04/12 ntered 05/04/12 10:08:54 esc Main ocument Page 10 of 10 nited States Bankruptcy ourt Western istrict of ennessee n re Foxhall nternational LL ase o. ebtor(s) hapter 11 RPRA WRSHP SAM (RL ) Pursuant to Federal Rule of Bankruptcy Procedure and to enable the Judges to evaluate possible disqualification or recusal, the undersigned counsel for Foxhall nternational LL in the above captioned action, certifies that the following is a (are) corporation(s), other than the debtor or a governmental unit, that directly or indirectly own(s) 10% or more of any class of the corporation's(s') equity interests, or states that there are no entities to report under FRBP : one [heck if applicable] May 4, 2012 /s/ John L. Ryder ate John L. Ryder 8258 Signature of Attorney or Litigant ounsel for Foxhall nternational LL Harris Shelton Hanover Walsh, PLL ne ommerce Square, Suite 2700 Memphis, (901) Fax:(901) Software opyright (c) H RPRA Best ase Bankruptcy