On September 17th, 2013 Rhinoceros Visual Effects and Design LLC filed a voluntary petition for bankruptcy relief under Chapter 11 of the U.S. Bankruptcy Code. The filing was made in the U.S. Bankruptcy Court in the Southern District of New York and assigned case number 1:13-bk-13016. (A summary of the docket can be found here. ) The case has been assigned to the Honorable Judge Stuart M. Bernstein under case number 1:13-bk-13016.
The Debtor is a Multi-Video Group/Gravity Company. The Multi Video Group, Ltd. owns and/or is associated with various companies that are in the business of graphic and audio design and editing. Internationally, The Multi Video Goup, Ltd. is associated with companies such as Gravity Post Production in Tel Aviv, Israel and Digital Renaissance in Oberhausen, Germany. Rhinoceros Visual Effects and Design LLC is, as the name implies, a visual effects and design firm located at 315 Madison Avenue, 3rd Floor New York, NY 10017. Debtor’s clientèle has included Victoria’s Secret Stores, LLC, a subsidiary of Limited Brands, Inc., and Six Flags Theme Parks, Inc. (sources: VS, Six Flags)
The Debtor claims assets between $100,001 and $500,000 and liabilities between $1 and $10 million. It has listed 62 creditors including various individuals and companies such as Bell Technologies and Verizon. For a complete list of creditors please click here. Debtor is represented by Paul H. Aloe of Kudman Trachten Aloe LLP. A Scheduling Order was signed on September 17th, 2013 scheduling the Initial Conference Hearing to be held on September 31st, 2013 at 10:00 AM.
Hovbilt, Inc. filed a voluntary petition for bankruptcy relief under Chapter 11 of the bankruptcy code on September 17th, 2013. The case was filed in the Bankruptcy Court of New Jersey and the case was assigned to the Honorable Judge Michael B. Kaplan under case number 3:13-bk-30341. For a summary of the docket please click here.
Debtor claims assets between $0 and $50,000 with liabilities of $1 to $10 million. In its petition, it lists 10 creditors including Home Depot and Sovereign Bank. (Please see the docket summary for a complete list of creditors.) Sovereign Bank filed for a Notice of Appearance and Request for Service of Notice by its duly appointed counsel in response to Debtor’s voluntary petition for Chapter 11 relief. The petition, as filed, was incomplete and the Attorney Disclosure Statement, Statement of Financial Affairs, Summary of Schedules, and Incomplete Filings are due by October 1st, 2013.
This Chapter 11 Debtor’s exclusive right to file a plan of reorganization expires on January 15, 2014.
CHAPTER 11 DEBTOR TIP: Every Chapter 11 Debtor should know that upon the commencement of a chapter 11 case, Bankruptcy Code section 1121 gives a debtor-in-possession (“DIP”) the exclusive right to file a plan of reorganization for 120 days (4 months). The DIP also has the exclusive right to solicit acceptances (votes) for a plan filed within that 120-day period until 180 days (6 months) after filing for chapter 11. (A debtor may file a plan but creditors may not actually vote on the plan until an accompanying approved Disclosure Statement and set of ballots are served). No competing plans may be filed during this period of exclusivity. A creditor, a creditors’ committee, or another special interest committee may be one of the parties filing a competing plan. Sometimes various parties join together to file a “jointly proposed” competing plan. See helpful article regarding exclusivity written by Salene’ brother-in-law’s fine law firm Jones Day.
This Debtor is a property developer specializing in residential housing developments located at 1 Dag Hammarskjold Blvd. Freehold, NJ 07728. Hovilt, Inc. was established in 1969 as a private company categorized as a speculative building of single-family houses and primarily operated in Monmouth and Ocean Counties in New Jersey. (source)
BY: Katie Imler, Law Clerk
On July 26, 2013 , TAM of Allegheny LLC d/b/a Stonefront Witch Way Inn filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code in the Western District of Pennsylvania (assigned No. 13-23143-GLT). The Stone Front Witch Way Inn, located at 2827 California Avenue, Pittsburgh, PA 15212, was a local café and bar that was padlocked by police on June 28, 2013 for not paying the Allegheny County drink taxes totaling more than $22,390. The Allegheny County Treasurer, John Weinstein, has been cracking down on businesses that are not paying the alcoholic beverage tax.
The case has been assigned to the Honorable Judge Gregory L. Taddonio. Norma Hildenbrand has filed an Notice of Appearance and Request for Notice on behalf of the United States Trustee. A summary of the docket can be found here.
The Debtor listed $50,000-$100,000 in Assets and $0-$50,000 in Liabilities, which are primarily business debts. Although there are less than 50 creditors, the top creditors holding unsecured claims include: Allegheny County ($21,864), BMI ($658.07), Chase Bank ($2,723.39), Dietz Electronics, Inc. ($438.98), IRS ($8,058.44), Joseph J. Brunner, Inc. ($407.80), and Trudy L. Schmitt, President of TAM of Allegheny LLC. All Schedules and Attorney Disclosures are due on August 9, 2013. The Chapter 11 Plan and Disclosure Statements are due November 25, 2013. However, the Government Proof of Claims Bar Date is set for January 22, 2014.
The Debtor is represented by J. Michael Baggett of McCann Garland Ridall & Burke, 11 Stanwix Street, Suite 1030, Pittsburgh PA, 15222. Jodi L. Hause filed a Notice of Appearance on July 29, 2013 to represent Creditor Duquesne Light Company. A Status Conference will be held on October 20, 2013 at 10:00am.
BY: Katie Imler
On July 26, 2013 Beulah Road Land Company filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code in the Western District of Pennsylvania (Case No. 2:13-bk-23148). The Debtor, located at 800 Beulah Road, Pittsburgh, Pa 15235, is the new majority owner of the land on which the Churchill Valley Country Club sits. The Debtor has been fighting with creditors of the club, as to who owns the 147-acre property. These creditors forced Churchill Valley Country Club into a Chapter 7 bankruptcy (Case No. 13-23122 filed July 25, 2013). At the same time, Zokaites Properties, Inc. recently purchased the outstanding $1.2 million mortgage held on the club and property from PNC Bank. A local lawyer and ex-business partner of Zokaites is challenging this transfer.
The Beulah bankruptcy case has been assigned to the Honorable Judge Carlota M. Bohm. In the petition signed by the Debtor’s President Richard Hersberger, the Debtor listed $1-$10 million in assets and $1-$10 million in liabilities. All Schedules are due August 9, 2013. The Chapter 11 Plan and Disclosure Statement are due November 25, 2013. On August 1, 2013, creditor Zokaites Properties, Inc. by and through its attorney Jeffrey Hulton, made a motion to dismiss the bankruptcy case. There will be a hearing regarding the motion to dismiss on August 9, 2013 at 3:00pm.
The largest creditors include several law firms, the Penn Hills School District, PNC Bank, and the Woodland Hill School District.
The Debtor is represented by Donald R. Calaiaro of Calaiaro & Corbett, P.C. located at 310 Grant Street, Suite 1105, Pittsburgh, PA 15219. The US Trustee is represented by Norma Hildenbrand located at Suite 970 Liberty Center, 1001 Liberty Ave., Pittsburgh, PA 15222.
Settlers Ridge No. 3, L.P. files for Chapter 11
By Katie Imler, Law Clerk
On May 13, 2013, StonePepper’s Grill, formally known as Settlers Ridge No. 3, L.P., of 1738 North Highland Road, Pittsburgh, PA 15241 filed a voluntary Chapter 11 bankruptcy petition in the Bankruptcy Court for the Western District of Pennsylvania, assigned Case No. 13-22082-CMB. The case has been assigned to the Honorable Judge Carlota M. Bohm.
StonePepper’s Grill is a restaurant that serves brick-oven pizza and won the 2012 Best Burger in Upper St. Clair Contest. The restaurant chain has three (3) locations in Upper Saint Clair, Mars, and Robinson Township. The only location effected by this filing is the Robinson Township location. Counsel for the Debtor is Robert O. Lampl, located at 960 Penn Avenue, Pittsburgh, PA 15222. Lampl’s disclosed hourly rate is $400/hour.
A summary of the docket for the case can be viewed here.
The Debtor has elected to be considered a “small business debtor, ” defined under Bankruptcy Code § 101(51D)(A) as a person engaged in commercial or business activities who as of the date of petition filing or order of relief has an aggregate non-contingent liquidated secured and unsecured debts in an amount not more than $2,000,000.00 (excluding debts owed to 1 or more affiliates or insiders). See also Bankruptcy Code § 1116. The bankruptcy filing showed liabilities and assets between $100,000.00 -$500,000.00. The Debtor listed the largest unsecured debts as $93,940.00 in Employer Withholding, $78,775.00 in Loans to owner Jeff Joyce, $77,535.00 in PA Sales Tax, and $38,465.00 in Business Debt to CRK Management LLC, who also employs Jeff Joyce. It also has a Business Debt of $77,613.00 payable to Settlers Ridge Leased, LP.
A hearing will take place on June 25, 2013 in regards to confirmation of employing Debtor’s counsel. The Chapter 11 Small Business Plan and Disclosure Statement are due November 12, 2013.
By: Katie Imler, Law Clerk
On May 21, 2013, Cooper-Booth Management Company, Inc. a full-line, full-service wholesale distributor for retailers and convenience stores, filed for a voluntary Chapter 11 bankruptcy in the Eastern District of Pennsylvania (Case No. 2:13-bk-14522). The company began in 1865 as Booth Tobacco Company in Lancaster, Pennsylvania. Being family owned and operated for three generations, Cooper-Booth has been recognized as one of the Top 20 leading convenience store wholesales in the country. Murton Margolis is Emeritus and Barry Margolis is President.
Cooper-Booth, located at 200 Lincoln West Drive, Mountville, PA 17554 listed assets of $500,000-$1 million and liabilities of $10-$50 million, enumerating over 200 creditors . See summary of the docket here. Schedules are due June 4, 2013. The Debtor is represented by Aris J. Karalis and Robert W. Seitzer of Maschmeyer Karalis P.C., 1900 Spruce Street, Philadelphia, PA 19103. Cooper-Booth’s largest creditors include Maryland Comptroller of the Treasury-Alcohol & Tobacco Tax ($7,438,500.00), PA Department of Revenue ($3,330,768.00), New York State Department of Tax & Finance Division of Treasury ($3,140,324.74), Delaware Division of Revenue ($1,563,285.93).
The federal government has frozen the Debtor’s bank accounts while an investigation is pending to determine if one of the Debtor’s customers has been illegally smuggling untaxed cigarettes into New York. Basel Ramadan and his brother, Samer Ramadan, bought cigarettes from the Debtor Cooper Booth Wholesale Inc. using business fronts in Virginia allowing them to pay the $0.30/pack Virginia cigarette tax instead of the $4.35/pack cigarette tax in New York.
The two moved 20,000 cigarettes a week to the New York City area without paying the New York taxes, which cost the state approximately $80 million in taxes. See more on the story here.
The Debtor’s case was initially assigned to the Honorable Judge Eric L. Frank, but was reassigned to the Honorable Judge Magdeline D. Coleman. On May 22, 2013 Judge Coleman issued an order demanding timely filing of all Schedules. Judge Coleman also entered an order directing the joint administration of Debtors’ Chapter 11 Cases 13-14522 and 13-14521 pursuant to Bankruptcy Code § 1015(b), determining 13-14519 as the lead case. The Debtor’s second voluntary Chapter 11 bankruptcy was for Cooper-Booth Transportation Company, LP (Case No. 2:13-bk-14521), which listed $1-$10 million in both assets and liabilities. Most of the liabilities are for state and federal taxes.