/raid1/www/Hosts/bankrupt/TCR_Public/090411.mbx
T R O U B L E D C O M P A N Y R E P O R T E R
Saturday, April 11, 2009, Vol. 13, No. 99
Headlines
ACCEPTANCE INSURANCE: Posts $126,828 Net Loss in March 2009
AMERICAN FIBERS: Posts $498,000 Net Loss in February 2009
ATA AIRLINES: Files Monthly Operating Report for February 2009
BUFFETS HOLDINGS: Earns $165,843 in February 12 to March 11 Period
G-I HOLDINGS: Posts $8.6 Million Net Loss in December 2008
GLOBAL MOTORSPORT: Posts $42,522 Net Loss in January 2009
GOODY'S LLC: Posts $35.1 Million Net Loss in January 2009
GOODY'S LLC: Posts $27.2 Million Net Loss in February 2009
LANDSOURCE COMMUNITIES: Files Operating Report for December 2008
LANDSOURCE COMMUNITIES: Files Operating Report for January 2009
LENOX GROUP: Posts $3.7 Million Net Loss in February 2009
LYONDELL CHEMICAL: Files Operating Reports for Jan. & Feb. 2009
MASONITE CORPORATION: Files Initial Monthly Operating Report
MOTOR COACH: Earns $2.9 Million in January 2009
REFCO INC: Refco LLC's Monthly Operating Report for February 2009
REUNION INDUSTRIES: Posts $310,000 Net Loss in February 2009
SCO GROUP: Earns $5,045 in Month Ended January 31
SCO GROUP: SCO Operations Post $744,109 Net Loss in January 2009
SMURFIT-STONE CONTAINER: Files Operating Report for February 2009
SYNTAX-BRILLIAN: Posts $64.2 Million in December 2008
SYNTAX-BRILLIAN: Syntax Groups Posts $570,497 Net Loss in December
SYNTAX-BRILLIAN: SPE Files Monthly Operating Report for December
TRONOX INC: Files Monthly Operating Report for February 2009
*********
ACCEPTANCE INSURANCE: Posts $126,828 Net Loss in March 2009
-----------------------------------------------------------
Acceptance Insurance Companies Inc. filed with the U.S. Bankruptcy
Court for the District of Nebraska on April 6, 2009, its monthly
operating report for March 2009.
For the month ended March 31, 2009, Acceptance Insurance
Companies Inc. posted a net loss of $126,828 on net investment
income of $576.
The Debtor reported total assets of $24,246,013, total liabilities
of $138,180,458, and stockholders' deficit of $113,934,445 as of
March 31, 2009.
A full-text copy of the Debtor's March 2009 monthly report is
available at:
http://researcharchives.com/t/s?3b2a
About Acceptance Insurance
Headquartered in Council Bluffs, Iowa, Acceptance Insurance
Companies, Inc. -- http://www.aicins.com/-- owns, either directly
or indirectly, several companies, one of which is an insurance
company that accounts for substantially all of the business
operations and assets of the corporate groups.
The company filed for Chapter 11 protection on January 7, 2005
(Bankr. D. Nebr. Case No. 05-80059). The Debtor's affiliates --
Acceptance Insurance Services, Inc., and American Agrisurance,
Inc. -- each filed Chapter 7 petitions (Bankr. D. Nebr. Case Nos.
05-80056 and 05-80058) on January 7, 2005. John J. Jolley, Esq.,
at Kutak Rock LLP, represents the Debtor in its restructuring
efforts. Lawyers at McGrath North Mullin & Kratz PC, LLO,
represent the Official Committee of Unsecured Creditors in
Acceptance Insurance's case.
AMERICAN FIBERS: Posts $498,000 Net Loss in February 2009
---------------------------------------------------------
AFY Holding Company and American Fibers and Yarns Company filed
with the U.S. Bankruptcy Court for the District of Delaware their
monthly operating report for February 2009.
In their schedule of cash receipts and disbursement for the
period, the Debtors reported cash at the beginning of the month of
$237,767. Total receipts were $542,233 and total disbursements
were $592,267, for a net cash outflow of $50,033. Cash at the end
of the month was $187,733.
For the period, the Debtors reported a consolidated net loss of
$498,000 on net revenue of $9,000. Year-to-date net loss was
$3,244,000 on net revenue of $124,000.
At February 28, 2009, the Debtors had $32,599,577 in total assets,
$1,505,065 in total liabilities, and $31,094,512 in total
stockholders' equity.
A full-text copy of the Debtors' monthly operating report for
February 2009 is available at:
http://bankrupt.com/misc/AmericanFibers.FebruaryMOR.pdf
About American Fibers
Headquartered in Chapel Hill, North Carolina, American Fibers and
Yarns Company -- http://www.afyarns.com/-- manufactures solution-
dyed Polypropylene yarns in its Bainbridge, Georgia and Afton,
Virginia production facilities for distribution throughout the
United States. American Fibers is 100% owned by AFY Holding
Company.
On Sept. 22, 2008, AFY Holding and American Fibers and Yarns filed
voluntary petitions seeking Chapter 11 relief (Bankr. D. Del. Lead
Case No. 08-12175). Edward J. Kosmowski, Esq., Michael R. Nestor,
Esq., Robert F. Poppiti, Jr., Esq., and Nathan D. Grow, Esq., at
Young, Conaway, Stargatt & Taylor, LLP, represent the Debtors as
counsel. RAS Management Advisors, LLC, serves as the Debtors'
restructuring advisors. Epiq Bankruptcy Solutions, LLC, serves as
the Debtors' claims, noticing and balloting agent.
The U.S. Trustee for Region 3 appointed creditors to serve on an
Official Committee of Unsecured Creditors. Kenneth A. Rosen,
Esq., Sharon L. Levine, Esq., Eric H. Horn, Esq., and Sean E.
Quigley, Esq., at Lowenstein Sandler PC, represents the Debtors as
counsel. William P. Bowden, Esq., Don A. Beskrone, Esq, and
Amanda M. Winfree, Esq., at Ashby & Geddes, P.A., represent the
Committee as Delaware counsel. When the Debtors sought bankruptcy
protection from their creditors, they listed assets of between
$10 million and $50 million and debts of between $10 million and
$50 million.
ATA AIRLINES: Files Monthly Operating Report for February 2009
--------------------------------------------------------------
ATA Airlines' Chief Restructuring Officer Steve Turoff filed with
the U.S. Bankruptcy Court for the Southern District of Indiana the
airline's operating report for the period February 1 to 28, 2009.
Mr. Turoff disclosed that ATA Airlines had $112,479 in cash
profit and $16,137 in total payables for February.
The total professional fee incurred by or on behalf of ATA
Airlines for services related to its bankruptcy case during the
month is $1,035,181.
ATA Airlines, Inc.
Receipts and Disbursements
Month Ended February 28, 2009
RECEIPTS
Military -
Charter -
Scheduled Service -
US Bank -
Amex -
Discover -
Diner's Club -
Other Scheduled Service -
Asset Sales--Inventory $238,855
Asset Sales--Ground Equipment -
Asset Sales--Rotables -
Asset Sales--L1011 393,225
Return of Deposits/Prepaids 37,291
Cash Collateral/LOCs 2,411
Interest 500
Miscellaneous 977,477
------------
Total $1,649,759
============
DISBURSEMENTS
Base Payroll Inc. All Taxes $185,194
Stay Bonus -
Benefits 4,395
Employee Expense Payments 1,281
Outside Director Fees 2,000
Facilities 2,100
Utilities/Communications 6,206
Contract Labor 43,363
Professionals 1,239,303
US Trustee -
Aircraft Ferry Cost -
Engine Changes/Certificate Mx 40,274
Insurance--D&O/Misc. -
Health Insurance Run-off Reserve -
Cobra Reserve -
Security -
Shipping/Cargo 113
Returned Checks -
Miscellaneous 13,053
------------
Total $1,537,280
Beginning Balance $47,146,301
Receipts 1,649,759
Disbursements (1,537,280)
------------
Ending Balance $47,258,781
============
Headquartered in Indianapolis, Indiana, ATA Airlines, Inc., was a
diversified passenger airline operating in two principal business
lines -- a low cost carrier providing scheduled passenger service
that leverages a code share agreement with Southwest Airlines; and
a charter operator that focused primarily on providing charter
service to the U.S. government and military. ATA is a wholly
owned subsidiary of New ATA Acquisition, Inc. -- a wholly owned
subsidiary of New ATA Investment, Inc., which in turn, is a wholly
owned subsidiary of Global Aero Logistics Inc. ATA Acquisition
also owns another holding company subsidiary, World Air Holdings,
Inc., which it acquired through merger on August 14, 2007. World
Air Holdings owns and operates two other airlines, North American
Airlines and World Airways.
ATA Airlines and its affiliates filed for Chapter 11 protection on
Oct. 26, 2004 (Bankr. S.D. Ind. Case Nos. 04-19866, 04-19868
through 04-19874). The Honorable Basil H. Lorch III confirmed the
Debtors' plan of reorganization on Jan. 31, 2006. The Debtors'
emerged from bankruptcy on Feb. 28, 2006.
Global Aero Logistics acquired certain of ATA's operations after
its first bankruptcy. The remaining ATA affiliates that were not
substantively consolidated in the company's first bankruptcy case
were sold or otherwise liquidated.
ATA Airlines filed for Chapter 22 on April 2, 2008 (Bankr. S.D.
Ind. Case No. 08-03675), citing the unexpected cancellation of a
key contract for ATA's military charter business, which made it
impossible for ATA to obtain additional capital to sustain its
operations or restructure the business. ATA discontinued all
operations subsequent to the bankruptcy filing. ATA's Chapter 22
bankruptcy petition lists assets and liabilities each in the range
of $100 million to $500 million.
The Debtor is represented in its Chapter 22 case by Haynes and
Boone, LLP, and Baker & Daniels, LLP, as bankruptcy counsel.
The United States Trustee for Region 10 appointed five members to
the Official Committee of Unsecured Creditors. Otterbourg,
Steindler, Houston & Rosen, P.C., serves as bankruptcy counsel to
the Committee. FTI Consulting, Inc., acts as the panel's
financial advisors. The Court gave ATA Airlines Inc. until
Feb. 26, 2009, to file its Chapter 11 plan and April 27, 2009, to
solicit acceptances of that plan.
ATA Airlines submitted to the Court its Chapter 11 Plan of
Reorganization and accompanying Disclosure Statement on
December 12, 2008, two weeks after it completed the sale of its
key assets to Southwest Airlines Inc.
Bankruptcy Creditors' Service, Inc., publishes ATA Airlines
Bankruptcy News. The newsletter tracks the chapter 11 case of
ATA Airlines, Inc. (http://bankrupt.com/newsstand/or
215/945-7000)
BUFFETS HOLDINGS: Earns $165,843 in February 12 to March 11 Period
------------------------------------------------------------------
Buffets Holdings, Inc., et al., filed with the U.S. Bankruptcy
Court for the District of Delaware on April 1, 2009, a monthly
operating report for the period from February 12, 2009, through
March 11, 2009.
The Debtors reported net income of $165,843 on total sales of
$110.7 million for the period.
At March 11, 2009, the Debtors had $507.4 million in total assets,
$1.34 billion in total liabilities, and $838.4 million in
stockholders' deficit.
A full-text copy of the Debtors' monthly operating report for the
period from February 12, 2009, through March 11, 2009, is
available at http://researcharchives.com/t/s?3b14
About Buffets Holdings
Headquartered in Eagan, Minnesota, Buffets Holdings Inc. --
http://www.buffet.com/-- is the parent company of Buffets,
Inc., which operates 626 restaurants in 39 states, comprised of
615 steak-buffet restaurants and eleven Tahoe Joe's Famous
Steakhouse restaurants, and franchises sixteen steak-buffet
restaurants in six states. The restaurants are principally
operated under the Old Country Buffet, HomeTown Buffet, Ryan's and
Fire Mountain brands. Buffets, Inc., employs approximately 37,000
team members and serves approximately 200 million customers
annually.
The company and all of its subsidiaries filed Chapter 11
protection on Jan. 22, 2008 (Bankr. D. Del. Case Nos. 08-10141 to
08-10158). Joseph M. Barry, Esq., M. Blake Cleary, Esq., and
Pauline K. Morgan, Esq., at Young Conaway Stargatt & Taylor LLP,
represent the Debtors in their restructuring efforts. The Debtors
selected Epiq Bankruptcy Solutions LLC as claims and balloting
agent. The U.S Trustee for Region 3 appointed seven creditors to
serve on an Official Committee of Unsecured Creditors. The
Committee selected Otterbourg Steindler Houston & Rosen PC and
Pachulski Stang Ziehl Young & Jones as counsels. The Debtors'
balance sheet as of Sept. 19, 2007, showed total assets of
$963,538,000 and total liabilities of $1,156,262,000.
As reported in the Troubled Company Reporter on Feb. 26, 2008, the
Court granted on February 22, 2008, final approval of the Debtors'
debtor-in-possession credit facility, consisting of
$85 million of new funding and $200 million carried over from the
company's prepetition credit facility.
G-I HOLDINGS: Posts $8.6 Million Net Loss in December 2008
----------------------------------------------------------
G-I Holdings, Inc., filed with the United States Trustee for
Region 3 its monthly operating report for the month ended Dec. 31,
2008.
G-I Holdings reported a net loss of $8,563,959 on zero sales for
the month ended Dec. 31, 2008.
At Dec. 31, 2008, G-I Holdings had ($10,289,900) in total assets,
$297,600,088 in total liabilities, and $307,889,988 in
stockholders' deficit.
A full-text copy of G-I Holdings' monthly operating report for the
month ended Dec. 31, 2008, is available at:
http://bankrupt.com/misc/G-IHoldings.DecemberMOR.pdf
About G-I Holdings
Based in Wayne, New Jersey, G-I Holdings, Inc., is a holding
company that indirectly owns Building Materials Corporation of
America, a manufacturer of premium residential and commercial
roofing products. The company filed for Chapter 11 protection on
Jan. 5, 2001 (Bankr. D. N.J. Case No. 01-30135). An affiliate,
ACI, Inc., filed its own voluntary chapter 11 petition on Aug. 3,
2001. The cases were consolidated on Oct. 10, 2001. Martin J.
Bienenstock, Esq., Irena Goldstein, Esq., and Timothy Q. Karcher,
Esq., at Dewey & Leboeuf LLP, represents the Debtors as counsel.
Dennis J. O'Grady, Esq., and Mark E. Hall, Esq., at Riker, Danzig,
Scherer, Hyland, represent the Debtors as co-counsel. Lowenstein
Sandler PC represents the Official Committee of Unsecured
Creditors. Judson Hamlin was appointed by the Court as the Legal
Representative for Present and Future Holders of Asbestos Related
Demands. Keating, Muething & Klekamp, P.L.L., is the principal
counsel to the Legal Representative of Present and Future
Asbestos-Related Demands.
GLOBAL MOTORSPORT: Posts $42,522 Net Loss in January 2009
---------------------------------------------------------
Global Motorsport Group, Inc., filed with the U.S. Bankruptcy
Court for the District of Delaware its monthly operating report
for January 2009.
Global Motorsport reported a net loss of $42,522 on zero revenues
for the month of January 2009. Cumulative filing to date net loss
was $1,963,039 on zero revenues.
At Jan. 31, 2009, Global Motorsport had $820,121 in total assets,
$134,564,305 in total liabilities, and $133,744,184 in
stockholders' deficit.
A full-text copy of the Debtor's monthly operating report for
January 2009 is available at:
http://bankrupt.com/misc/GlobalMotorsport.JanuaryMOR.pdf
About Global Motorsport
Headquartered in Morgan Hill, California, Global Motorsport Group
Inc. -- http://www.gmgracing.com/home.shtml-- is a dealer of
European model sports cars. The company is also known as Global
Motorsport Parts Inc. The company and three of its affiliates
filed for protection on Jan. 31, 2008 (Bankr. D. Del. Lead Case
No. 08-10192). Laura Davis Jones, Esq., James O'Neill, Esq., and
Joshua Fried, Esq., at Pachulski Stang Ziehl & Jones LLP,
represent the Debtors as counsel. T. Scott Avil, Esq., at CRG
Partners Group LLC, is the Debtors' restructuring services
provider. Federico G.M. Mennella, Esq., at Lincoln International
Advisors, LLC, is the Debtors' investment banker.
The Debtors selected Epiq Bankruptcy Solution LLC as their claims
agent.
The U.S. Trustee for Region 3 has appointed five creditors to
serve on an Official Committee of Unsecured Creditors in these
cases. The Committee selected Fox Rothschild LLP as its new
counsel. Edward T. Gavin, CTP, at NachmanHaysBrownstein, Inc., is
the Committee's financial advisor.
Adam Harris, Esq., and David Hillman, Esq., at Schulte Roth &
Zabel LLP, serve as counsel to the prepetition and postpetition
secured lenders. When the Debtors filed for protection from their
creditors, they listed assets of between $50 million and
$100 million and debts of between $100 million and $500 million.
GOODY'S LLC: Posts $35.1 Million Net Loss in January 2009
---------------------------------------------------------
Goody's LLC reported net profit before reorganization items of
$12.2 million and a net loss of $35.1 million on net revenue of
$98.9 million for the month of January 2009.
At Jan. 31, 2009, the Debtor had total assets of $182.9 million,
total liabilities of $213.7 million, and stockholders' deficit of
$30.8 million.
A full-text copy of the Debtor's monthly operating report for
January 2009 is available at:
http://bankrupt.com/misc/Goody'sLLC.JanuaryMOR.pdf
About Goody's LLC
Headquartered in Wilmington, Delaware, Goody's LLC, successor to
Goody's Family Clothing Inc., operates a chain of clothing stores.
Goody's LLC and 13 of its affiliates filed for Chapter 11
protection on January 13, 2009 (Bankr. D. Del. Lead Case No.
09-10124). M. Blake Cleary, Esq., at Young, Conaway, Stargatt &
Taylor, LLP; Paul G. Jennings, Esq., Gene L. Humphreys, Esq.,
Edward C. Meade, Esq., and Kristen C. Wright, Esq., at Bass Berry
& Sims PLC represent the Debtors as counsel. Skadden, Arps, Slate
Meagher & Flom, LLP, is the Debtors' special counsel; FTI
Consulting Inc. is the Debtors' financial advisor.
Goody's Family Clothing Inc., as of May 31, 2008, operated 355
stores in several states with approximately 9,868 personnel of
which 170 employees are covered under a collective bargaining
agreement. Goody's Family and 19 of its affiliates filed for
Chapter 11 protection on June 9, 2008 (Bankr. D. Del. Lead Case
No. 08-11133). Gregg M. Galardi, Esq., and Marion M. Quirk, Esq.,
at Skadden Arps Slate Meagher & Flom LLP, and Paul G. Jennings,
Esq., at Bass, Berry & Sims PLC, represented the Debtors.
The company emerged from bankruptcy Oct. 20, 2008, after closing
more than 70 stores. The reorganized entity was named Goody's
LLC.
GOODY'S LLC: Posts $27.2 Million Net Loss in February 2009
----------------------------------------------------------
Goody's LLC reported a net loss before reorganization items of
$21.2 million and a net loss of $27.2 million on net revenue of
$59.5 million for the month of February 2009. Cumulative filing
to date net loss before reorganization items was $9.0 million and
net loss was $62.3 million on net revenue of $158.4 million.
At Feb. 28, 2009, the Debtor had total assets of $96.5 million,
total liabilities of $154.5 million, and stockholders' deficit of
$58.0 million.
A full-text copy of the Debtor's monthly operating report for
February 2009 is available at:
http://bankrupt.com/misc/Goody'sLLC.FebruaryMOR.pdf
About Goody's LLC
Headquartered in Wilmington, Delaware, Goody's LLC, successor to
Goody's Family Clothing Inc., operates a chain of clothing stores.
Goody's LLC and 13 of its affiliates filed for Chapter 11
protection on January 13, 2009 (Bankr. D. Del. Lead Case No.
09-10124). M. Blake Cleary, Esq., at Young, Conaway, Stargatt &
Taylor, LLP; Paul G. Jennings, Esq., Gene L. Humphreys, Esq.,
Edward C. Meade, Esq., and Kristen C. Wright, Esq., at Bass Berry
& Sims PLC represent the Debtors as counsel. Skadden, Arps, Slate
Meagher & Flom, LLP is the Debtors' special counsel; FTI
Consulting Inc. is the Debtors' financial advisor.
Goody's Family Clothing Inc., as of May 31, 2008, operated 355
stores in several states with approximately 9,868 personnel of
which 170 employees are covered under a collective bargaining
agreement. Goody's Family and 19 of its affiliates filed for
Chapter 11 protection on June 9, 2008 (Bankr. D. Del. Lead Case
No. 08-11133). Gregg M. Galardi, Esq., and Marion M. Quirk, Esq.,
at Skadden Arps Slate Meagher & Flom LLP, and Paul G. Jennings,
Esq., at Bass, Berry & Sims PLC, represented the Debtors.
The company emerged from bankruptcy Oct. 20, 2008, after closing
more than 70 stores. The reorganized entity was named Goody's
LLC.
LANDSOURCE COMMUNITIES: Files Operating Report for December 2008
----------------------------------------------------------------
LandSource Communities Development LLC, et al., filed with the
U.S. Bankruptcy Court for the District of Delaware an amended
Monthly Operating Report for the month of December 2008.
LandSource Communities Development, LLC
Consolidated Balance Sheet
As of December 31, 2008
Assets
Cash $10,206,898
Receivables 23,124,268
Inventories 1,344,763,508
Operating Properties, net 85,779,683
Investment in unconsolidated entities 21,058,574
Other assets 46,851,984
---------------
Total Assets $1,531,784,915
===============
Liabilities and Members' Capital
Accounts payable & Accrued Liabilities 97,630,786
Deferred Revenue 59,761,747
Debt 73,087,016
---------------
Total Liabilities Not Subject to Compromise 230,479,549
Total Liabilities Subject to Compromise 1,390,812,629
---------------
Total Liabilities 1,621,292,178
Members' Capital/(Deficit) (89,507,265)
---------------
Total Liabilities and Members' Capital $1,531,784,913
===============
LandSource Communities Development, LLC
Consolidated Statements of Operations
Month Ended December 31, 2008
Statistical Information
Homesites sold to related parties 0
Homesites sold to third parties 7
Acreage sold to related parties 0
Acreage sold to third parties 7
Homes sold to third parties 0
Land Sale Operations
Sales related parties $1,335,285
Sales to third parties 1,037,961
---------------
Total Land Sale Revenue 2,373,246
Cost of sales to related parties 4,231,176
Cost of sales to third parties (4,662,934)
Loss on Impaired Real State Inventories 25,088,838
---------------
Total Cost of Land Sales 24,657,080
---------------
Gross Margin on Land Sales Operations (22,283,834)
Home Sale Operations
Sales 0
Cost of sales 0
---------------
Gross Margin on Home Sale Operations 0
Operating Cost and Expenses
Field, selling, general &
administrative Expense (21,783,597)
Management fees to related parties 466,667
---------------
Total Operating Costs and Expenses (21,316,930)
Other Operations, net
Equity in earnings of unconsolidated (48,740)
Rental operations 1,383,775
Valencia Water Company 0
Club operations (589,668)
Interest income 12,910
Interest expense 29,950,113
Loss on debt restructuring 0
Loss on interest rate swap termination 0
Miscellaneous 373,729
---------------
Total Other Operations, net 31,082,119
---------------
Earnings (Loss) before Reorganization Items 30,115,215
Reorganization Expenses 23,203,737
---------------
Net Earnings (Loss) $6,911,478
===============
LandSource Communities Development, LLC
Consolidated Schedule of Cash Receipts and Disbursements
Month Ended December 31, 2008
Net Operating Cash Flow
Housing revenue $328,945
Commercial Revenue 3,470,966
Other 0
Option deposits 0
Less: Closing Costs 0
---------------
Total Operating Inflows 3,799,911
Operating Cash Outflows
Master improvements & CFDs (11,373,709)
Property tax (4,538,838)
General & Administrative (1,685,293)
Other (98,693)
Management fees (466,667)
---------------
Total Operating Outflows (18,163,200)
Total Net Operating Cash Flow (14,363,289)
Bankruptcy Disbursements
Bankruptcy Payments
Utility Deposits 0
Mechanic's liens/Other 0
---------------
Total Bankruptcy Payments 0
DIP Interest and Fees
DIP Facility interest (533,152)
Undrawn fee (36,141)
DIP Facility fees (100,000)
---------------
Total DIP Interest and Fees (669,293)
Restructuring professionals (4,847,828)
Total Bankruptcy Disbursements (5,517,121)
---------------
Total Net Cash Flow ($19,880,410)
===============
DIP Facility
Beginning Balance 52,070,333
Borrowings 18,900,000
(Repayments) (297,622)
---------------
Ending Balance $70,672,711
===============
Disbursement Per Debtor
LandSource Communities Development, LLC 3,128,319
California Land Company 0
Friendswood Development Company, LLC 55,284
Lennar Land Partners II 278,587
Kings Wood Development Company, L.C. 0
LSC Associates, LLC 0
Lennar Mare Island, LLC 1,036,542
LandSource Communities Development Sub LLC 0
Lennar Moorpark, LLC 0
Lennar Stevenson Holdings, LLC 0
The Newhall Land and Farming Company 0
LandSource Holding Company, LLC 4,065,135
LNR-Lennar Washington Square, LLC 2,671,132
Lennar Bressi Ranch Venture, LLC 0
The Newhall Land and Farming Company 11,735,438
(a California Limited Partnership)
NWI-IL GP, LLC 0
Tournament Players Club at Valencia, 735,735
Southwest Communities Development, LLC 136,731
Valencia Corporation 0
Stevenson Ranch Venture, LLC 105,042
Valencia Realty Company 0
---------------
Total Disbursement $23,947,945
===============
About LandSource Communities
LandSource Communities Development LLC, which operates in Arizona,
California, Florida, New Jersey, Nevada and Texas, is involved in
the planning and development of master planned communities and
transforming undeveloped land into ready-to-build home sites and
commercial properties. With the exception of one development
project in Marina del Rey, California, LandSource does not build
homes or commercial properties.
LandSource and 20 of its affiliates filed for chapter 11
bankruptcy protection before the U.S. Bankruptcy Court for the
District of Delaware on June 8, 2008 (Lead Case No. 08-11111).
The Debtors are represented by Marcia Goldstein, Esq., at Weil
Gotshal & Manges in New York, and Mark D. Collins, Esq., at
Richards Layton & Finger in Wilmington, Delaware. Lazard Freres &
Co. acts as the Debtors' financial advisors, and Kurtzmann Carson
Consultants serves as the Debtors' notice and claims agent.
According to the Troubled Company Reporter on May 22, 2008,
LandSource sought help from its lender consortium to restructure
$1.24 billion of its debt. LandSource engaged a 100-bank lender
group led by Barclays Capital Inc., which syndicates LandSource's
debt. LandSource had received a default notice on that debt from
the lender group after it was not able to timely meet its payments
during mid-April. However, LandSource failed to reach an
agreement with its lenders on a plan to modify and restructure its
debt, forcing it to seek protection from creditors. (LandSource
Bankruptcy News; http://bankrupt.com/newsstand/or 215/945-7000).
LANDSOURCE COMMUNITIES: Files Operating Report for January 2009
---------------------------------------------------------------
LandSource Communities Development, LLC
Consolidated Balance Sheet
As of January 31, 2009
Assets
Cash $8,030,922
Receivables 25,931,822
Inventories 1,345,610,168
Operating Properties, net 85,654,324
Investment in unconsolidated entities 20,842,526
Other assets 47,577,192
---------------
Total Assets $1,533,646,954
===============
Liabilities and Members' Capital
Accounts payable & Accrued Liabilities 90,733,185
Deferred Revenue 60,125,986
Debt 86,763,349
---------------
Total Liabilities Not Subject to Compromise 237,622,520
Total Liabilities Subject to Compromise 1,390,978,634
---------------
Total Liabilities 1,628,601,154
Members' Capital/(Deficit) (94,954,200)
---------------
Total Liabilities and Members' Capita $1,533,646,954
===============
LandSource Communities Development, LLC
Consolidated Statements of Operations
Month Ended January 31, 2009
Statistical Information
Homesites sold to related parties 0
Homesites sold to third parties 1
Acreage sold to related parties 0
Acreage sold to third parties 0
Homes sold to third parties 0
Land Sale Operations
Sales related parties $11,872
Sales to third parties 221,316
---------------
Total Land Sale Revenue 233,188
Cost of sales to related parties 192,349
Cost of sales to third parties 145,980
Loss on Impaired Real State Inventories 0
---------------
Total Cost of Land Sales 338,329
---------------
Gross Margin on Land Sales Operations (105,141)
Home Sale Operations
Sales 0
Cost of sales 0
---------------
Gross Margin on Home Sale Operations 0
Operating Cost and Expenses
Field, selling, general &
administrative expense 2,013,086
Management fees to related parties 466,667
---------------
Total Operating Costs and Expenses 2,479,753
Other Operations, net
Equity in earnings of unconsolidated (216,048)
Rental operations 397,662
Valencia Water Company 0
Club operations (109,426)
Interest income 3,622
Interest expense 0
Loss on debt restructuring 0
Loss on interest rate swap termination 0
Miscellaneous 238,940
---------------
Total Other Operations, net 314,750
---------------
Earnings (Loss) before Reorganization Items (2,270,142)
Reorganization Expenses 3,176,794
---------------
Net Earnings (Loss) ($5,446,936)
===============
LandSource Communities Development, LLC
Consolidated Schedule of Cash Receipts and Disbursements
Month Ended January 31, 2009
Net Operating Cash Flow
Housing revenue $203,139
Commercial Revenue 2,933,890
Other 0
Option deposits 0
Less: Closing Costs 0
---------------
Total Operating Inflows 3,137,029
Operating Cash Outflows
Master improvements & CFDs (9,083,685)
Property tax (197,253)
General & Administrative (2,811,633)
Other (306,275)
Management fees (466,667)
---------------
Total Operating Outflows (12,865,513)
Total Net Operating Cash Flow (9,728,484)
Bankruptcy Disbursements
Bankruptcy Payments
Utility Deposits 0
Mechanic's liens/Other 0
---------------
Total Bankruptcy Payments 0
DIP Interest and Fees
DIP Facility interest (585,743)
Undrawn fee (24,961)
DIP Facility fees (207,324)
---------------
Total DIP Interest and Fees (818,028)
Restructuring professionals (2,979,082)
Total Bankruptcy Disbursements (3,797,110)
---------------
Total Net Cash Flow ($13,525,594)
---------------
DIP Facility
Beginning Balance 70,672,711
Borrowings 13,900,000
(Repayments) (223,667)
---------------
Ending Balance $84,349,044
---------------
Disbursement Per Debtor
LandSource Communities Development, LLC 3,349,858
California Land Company 325
Friendswood Development Company, LLC 206,280
Lennar Land Partners II 4,875
Kings Wood Development Company, L.C. 325
LSC Associates, LLC 325
Lennar Mare Island, LLC 1,324,901
LandSource Communities Development Sub LLC 325
Lennar Moorpark, LLC 325
Lennar Stevenson Holdings, LLC 325
The Newhall Land and Farming Company 325
LandSource Holding Company, LLC 1,773,047
LNR-Lennar Washington Square, LLC 1,769,235
Lennar Bressi Ranch Venture, LLC 325
The Newhall Land and Farming Company 8,080,883
(a California Limited Partnership)
NWI-IL GP, LLC 325
Tournament Players Club at Valencia, 368,408
Southwest Communities Development, LL 1,950
Valencia Corporation 325
Stevenson Ranch Venture, LLC 3,278
Valencia Realty Company 325
---------------
Total Disbursement $16,886,290
===============
About LandSource Communities
LandSource Communities Development LLC, which operates in Arizona,
California, Florida, New Jersey, Nevada and Texas, is involved in
the planning and development of master planned communities and
transforming undeveloped land into ready-to-build home sites and
commercial properties. With the exception of one development
project in Marina del Rey, California, LandSource does not build
homes or commercial properties.
LandSource and 20 of its affiliates filed for chapter 11
bankruptcy protection before the U.S. Bankruptcy Court for the
District of Delaware on June 8, 2008 (Lead Case No. 08-11111).
The Debtors are represented by Marcia Goldstein, Esq., at Weil
Gotshal & Manges in New York, and Mark D. Collins, Esq., at
Richards Layton & Finger in Wilmington, Delaware. Lazard Freres &
Co. acts as the Debtors' financial advisors, and Kurtzmann Carson
Consultants serves as the Debtors' notice and claims agent.
According to the Troubled Company Reporter on May 22, 2008,
LandSource sought help from its lender consortium to restructure
$1.24 billion of its debt. LandSource engaged a 100-bank lender
group led by Barclays Capital Inc., which syndicates LandSource's
debt. LandSource had received a default notice on that debt from
the lender group after it was not able to timely meet its payments
during mid-April. However, LandSource failed to reach an
agreement with its lenders on a plan to modify and restructure its
debt, forcing it to seek protection from creditors. (LandSource
Bankruptcy News; http://bankrupt.com/newsstand/or 215/945-7000).
LENOX GROUP: Posts $3.7 Million Net Loss in February 2009
---------------------------------------------------------
On April 3, 2009, Lenox Group Inc. nka. CAC Group Inc., et al.,
filed their monthly operating report for the period February 1,
2009, to February 28, 2009 with the U.S. Bankruptcy Court for the
Southern District of New York.
Lenox Group Inc. and subsidiaries reported a net loss before
reorganization items of $3,695,000 and a net loss of $4,356,000 on
net sales of $14,923,000 for the 4 weeks ended February 28, 2009.
Cumulative filing to date net loss before reorganization items was
$14,070,000 and net loss was $17,571,000.
At February 28, 2009, the Debtors had total assets of
$171,668,000, total liabilities of $170,209,000, and stockholders'
equity of $1,459,000.
A full-text copy of the Debtors' monthly operating report is
available at http://researcharchives.com/t/s?3b2b
Headquartered in Bristol, Pennsylvania, Lenox Group Inc. --
http://www.department56.com/,http://www.lenox.com/,and
http://www.dansk.com/-- including its two main operating
subsidiaries, D 56, Inc., and Lenox, Incorporated, is a leading
designer, marketer, distributor, wholesaler, manufacturer and
retailer of quality tableware, collectibles, and other giftware
products under the Lenox, Dansk, Gorham, and Department 56 brand
names. These products are sold through department stores, large
specialty retailers, general merchandise chains, national chains
and clubs, small independent specialty retailers, and other
wholesale accounts.
The company and six of its affiliates filed for Chapter 11
protetcion on November 23, 2008 (Bankr. S.D. N.Y. Lead Case No.
08-14679). Harvey R. Miller, Esq., and Alfredo R. Perez, Esq., at
Weil, Gotshal & Manges LLP, represent the Debtors their
restructuring efforts. The Debtors proposed Berenson & Company as
financial advisor, Carl Marks Advisory Group LLC as consultants,
and The Garden City Group as claims and noticing agent. The
Debtors have $264,000,000 in total assets and $238,000,000 in
total debts as of October 25, 2008.
Lenox initially agreed to sell itself to KPS Capital Partners
after a court-supervised transaction in February 2009. Clarion
Capital Partners challenged the results and became successful in
nullifying the KPS Capital/Lenox deal and a second auction was
scheduled.
The Bankruptcy Court reopened the bidding process during a hearing
on February 25, and Clarion won this time, offering
$100 million for the assets, including Lenox brands Dansk, Gorham
and Department 56; plus assumption of certain of Lenox debt.
As reported in the Troubled Company Reporter on March 23, 2009,
Lenox Group, Inc., said it has completed the sale of its assets in
a voluntary Chapter 11 financial reorganization to a group led by
Clarion Capital Partners. The "new" Lenox, which includes the
Lenox, Dansk(R), Gorham(R) and Department 56(R) brands, will now
operate outside of Chapter 11 bankruptcy.
LYONDELL CHEMICAL: Files Operating Reports for Jan. & Feb. 2009
---------------------------------------------------------------
Lyondell Chemical Company and affiliates
Unaudited Combined Balance Sheets
(in millions)
For the month ended
Jan. 31, Feb. 28,
2009 2009
-------- --------
Assets
Current assets:
Cash and cash equivalents $1,258 $1,214
Short-term investments 32 20
Accounts receivable:
Trade, net 1,020 1,066
Related parties 8 9
Intercompany 275 299
Inventories 1,829 1,836
Short-term loan receivables -intercompany 463 465
Prepaid expenses and other current assets 277 376
---------- ----------
Total current assets 5,162 5,285
Property, plant and equipment, net 10,926 10,854
Investments and long-term receivables:
Investment in PO joint ventures 568 568
Long-term loan receivables - intercompany 896 806
Investments in affiliates 5,112 5,075
Other investments and long-term receivables 81 78
Goodwill 459 459
Intangible assets, net 1,924 1,713
Noncurrent deferred tax assets 55 70
Other assets 253 168
---------- ----------
TOTAL ASSETS $25,436 $25,076
========== ==========
Liabilities and Stockholder's Equity
Current liabilities:
Current maturities of long-term debt 165 165
Short-term debt 2,775 2,775
Short-term payables - intercompany 164 119
Accounts payable:
Trade 711 817
Related parties 11 20
Intercompany 598 611
Accrued liabilities 705 352
Deferred income taxes 116 144
---------- ----------
Total current liabilities 5,245 5,003
Long-term debt 11,624 11,625
Other liabilities 693 520
Deferred income taxes 2,796 2,662
Liabilities subject to compromise 10,387 10,864
Commitments and contingencies - -
Minority interests 113 93
Stockholders equity:
Common stock 21 21
Additional paid-in capital 5,696 5,696
Retained deficit (11,130) (11,403)
Accumulated other comprehensive income (9) (5)
---------- ---------
Total stockholder's equity (5,422) (5,691)
---------- ----------
Total liabilities and stockholder's equity $25,436 $25,076
========== ==========
Lyondell Chemical Company and affiliates
Unaudited Statement of Income
(in millions)
For the month ended
Jan. 31, Feb. 28,
2009 2009
-------- --------
Sales and other operating revenues:
Trade $1,134 $1,035
Related parties 20 30
---------- ----------
1,154 1,065
Operating costs and expenses:
Cost of sales 1,186 1,048
Selling, general and admin. Expenses 31 14
Research and development expenses 5 3
---------- ----------
1,222 1,065
---------- ----------
Operating loss (68) -
Interest expense (164) (54)
Interest income 1 2
Other income (expense), net (52) (55)
---------- ----------
Loss before reorganization items, equity
investments and income taxes (283) (107)
---------- ----------
Reorganization items (55) (277)
Income (loss) from equity investments 7 (5)
---------- ----------
Loss before income taxes (331) (389)
Benefit from income taxes (115) (119)
---------- ----------
Net Loss ($216) ($270)
========== ==========
Lyondell Chemical Company and its affiliates
Unaudited Statements of Cash Flows
(in millions)
For the month ended
Jan. 31, Feb. 28,
2009 2009
-------- --------
Cash flows from operating activities:
Net loss ($216) ($270)
Adjustments to reconcile net loss to
net cash provided by (used in) in operating
activities:
Depreciation and amortization 98 98
Reorganization charges 55 277
Reorganization-related payments (10) -
Equity investments - (income) loss (7) 5
Deferred income taxes (115) (119)
Changes in assets and liabilities
that provided (used ) cash:
Accounts receivable (1) 113
Inventories 77 (30)
Accounts payable 305 -
Repayment of accounts receivable facility (503) -
Other, net 31 (102)
---------- ----------
Net cash provided by (used in)
operating activities (286) 32
---------- ----------
Cash flows from investing activities:
Expenditures for property, plant and
equipment (13) (15)
Distributions from affiliates in excess of
earnings - 14
Advances under intercompany loans (581) (69)
Proceeds from disposal of assets 4 -
Short-term investments - 12
---------- ----------
Net cash used in investing activities (590) (58)
---------- ----------
Cash flows from financing activities:
Short-term borrowings 25 (18)
Proceeds from issuance of DIP Term Loan
Facility 2,089 -
Net borrowings under DIP Revolving Credit
Facility 608 -
Payment of debt issuance costs (93) -
Proceeds from postpetition note payable 100 -
Repayment of postpetition note payable (100) -
Repayments of long-term debt - -
Net repayments under prepetition revolving
credit facilities (115) -
Other, net - -
---------- ----------
Net cash provided by (used in)
financing activities 1,748 (18)
Effect of exchange rate changes on cash - -
---------- ----------
Increase in cash and cash equivalents 872 (44)
Cash and cash equivalents at beginning of
period (386) 1,258
---------- ----------
Cash and cash equivalents at end of period $1,258 $1,214
========== ==========
Basell AF and Lyondell Chemical Company merged operations
in 2007 to form LyondellBasell Industries --
http://www.lyondellbasell.com/-- the world's third largest
independent chemical company. Lyondellbasell produces
polypropylene and advanced polyolefins products, is a leading
supplier of polyethylene, and a global leader in the development
and licensing of polypropylene and polyethylene processes and
related catalyst sales.
LyondellBasell became saddled with debt as part of the
US$12.7 billion merger. About a year after completing the merger,
LyondellBasell Industries' U.S. operations and one of its European
holding companies -- Basell Germany Holdings GmbH -- filed
voluntary petitions to reorganize under Chapter 11 of the U.S.
Bankruptcy Code on January 6, 2009, to facilitate a restructuring
of the company's debts. The case is In re Lyondell Chemical
Company, et al., Bankr. S.D. N.Y. Lead Case No. 09-10023).
Seventy-nine Lyondell entities, including Equistar Chemicals, LP,
Lyondell Chemical Company, Millennium Chemicals Inc., and Wyatt
Industries, Inc., filed for Chapter 11. LyondellBasell is not
part of the bankruptcy filing. LyondellBasell's non-U.S.
operating entities are also not included in the Chapter 11 filing.
The Hon. Robert E. Gerber presides over the case. Deryck A.
Palmer, Esq., at Cadwalader, Wickersham & Taft LLP, in New York,
serves as the Debtors' bankruptcy counsel. Evercore Partners
serves as financial advisors, and Alix Partners and its subsidiary
AP Services LLC, serves as restructuring advisors. AlixPartners'
Kevin M. McShea acts as the Debtors' Chief Restructuring Officer.
Clifford Chance LLP serves as restructuring advisors to the
European entities.
Lyondell Chemical estimated that consolidated assets total
US$27.12 billion and debts total US$19.34 billion as of the
bankruptcy filing date.
Bankruptcy Creditors' Service, Inc., publishes Lyondell Bankruptcy
News. The newsletter tracks the chapter 11 proceeding undertaken
by Lyondell Chemical Company and its various affiliates.
(http://bankrupt.com/newsstand/or 215/945-7000)
MASONITE CORPORATION: Files Initial Monthly Operating Report
------------------------------------------------------------
Masonite Corporation, et al., filed with the U.S. Bankruptcy Court
an initial operating report containing a 12-month cash flow
projection beginning April 26, 2009, and ending on March 28, 2010.
Masonite Corporation, et. al.,
Four-Month Cash Flow Projections
April 26, 2009 to July 26, 2009
(In Thousands)
04/26/09 05/24/09 06/28/09 07/26/09
-------- -------- -------- --------
Total Cash Receipts $77,510 $57,392 $78,408 $85,382
Operating Disbursements
Employee related (21,652) (18,075) (22,007) (19,889)
Trade (43,871) (41,556) (39,030) (34,518)
Capex (4,260) (2,324) (3,414) (3,421)
Intercompany Trade(net) (1,900) (1,817) (1,622) (2,190)
Intercompany Funding 1,828 700 3,700 2,100
Other (14,261) (13,357) (11,729) (10,302)
--------- --------- --------- ---------
Total Operating (84,116) (76,429) (74,103) (68,220)
Disbursement
Restructuring
Disbursements
Professionals (2,365) (2,030) (2,685) (2,650)
Other (1,015) - - -
--------- --------- --------- ---------
Total Restructuring (3,380) (2,030) (2,685) (2,650)
Disbursement
Debt-service
Disbursements (16,983) (5,688) (8,480) -
--------- --------- --------- ---------
Total Cash Disbursement (104,479) (84,148) (85,268) (70,870)
Net Cash Flow ($26,969) ($26,755) ($6,859) ($14,512)
Beginning Cash/Investment $105,915 $78,946 $52,190 $45,331
Net Cash Flow (26,969) (26,755) (6,859) (14,512)
--------- --------- --------- ---------
Ending Cash/Investment $78,946 $52,190 $45,331 $59,843
========= ========= ========= =========
Masonite Corporation, et. al.,
Four-Month Cash Flow Projections
August 23, 2009 to November 22, 2009
(In Thousands)
08/23/09 09/27/09 10/25/09 11/22/09
-------- -------- -------- --------
Total Cash Receipts $88,402 $83,601 $67,301 $64,596
Operating Disbursements
Employee related (16,802) (20,275) (19,701) (16,266)
Trade (33,348) (33,646) (29,575) (29,981)
Capex (2,836) (4,525) (4,120) (2,978)
Intercompany Trade(net) (980) (1,691) (1,919) (2,048)
Intercompany Funding - 900 9,600 -
Other (15,869) (10,674) (9,363) (9,881)
--------- --------- --------- ---------
Total Operating (69,836) (69,911) (55,077) (61,154)
Disbursement
Restructuring
Disbursements
Professionals (2,140) (15,290) (460) -
Other - - - 880
--------- --------- --------- ---------
Total Restructuring (2,140) (15,290) (460) 880
Disbursement
Debt-service
Disbursements - (5,026) - -
--------- --------- --------- ---------
Total Cash Disbursement (71,976) (90,226) (55,537) (60,274)
Net Cash Flow $16,426 ($6,625) $11,763 $4,322
Beginning Cash/Investment $59,843 $76,268 $69,643 $81,407
Net Cash Flow 16,426 (6,625) 11,763 4,322
--------- --------- --------- ---------
Ending Cash/Investment $76,268 $69,643 $81,407 $85,728
========= ========= ========= =========
Masonite Corporation, et. al.,
Four-Month Cash Flow Projections
December 27, 2009 to March 28, 2010
(In Thousands)
12/27/09 01/24/10 02/21/10 03/28/10
-------- -------- -------- --------
Total Cash Receipts $80,513 $63,905 $56,348 $84,925
Operating Disbursements
Employee related (20,470) (19,908) (16,472) (19,761)
Trade (33,294) (30,528) (28,406) (48,885)
Capex (2,649) (2,838) (2,392) (3,739)
Intercompany Trade(net) (2,237) (1,311) (1,492) (1,742)
Intercompany Funding 4,700 - - 900
Other (10,248) (12,249) (21,630) (14,670)
--------- --------- --------- ---------
Total Operating (64,199) (66,835) (70,392) (87,896)
Disbursement
Restructuring
Disbursements
Professionals - - - -
Other - - - -
--------- --------- --------- ---------
Total Restructuring - - - -
Disbursement
Debt-service
Disbursements (5,014) - - (4,905)
--------- --------- --------- ---------
Total Cash Disbursement (69,213) (66,835) (70,392) (92,802)
Net Cash Flow $11,229 ($2,930) $14,044 $7,877
Beginning Cash/Investment $85,728 $97,028 $94,098 $80,054
Net Cash Flow 11,229 (2,930) 14,044 7,877
--------- --------- --------- ---------
Ending Cash/Investment $97,028 $94,098 $80,054 $72,177
========= ========= ========= =========
The Debtors also included in their initial Monthly Operating
Report a list of certificates of insurance available for free
at http://bankrupt.com/misc/Masonite_InsuranceCert.pdf
The Debtors also disclosed the retainers received by bankruptcy
professionals employed in the Debtors' Chapter 11 cases:
Outstanding
Retainer
Professional Retainer Amt. Amt. Applied Amount
------------ ------------ ------------ -----------
Kirkland & Ellis US$1,000,000 US$286,219 $713,780
LLP
Alvarez & Marsal
North America LLC 200,000 - 200,000
Kurtzman Carson
Consultants LLC 70,000 - 70,000
Financial Balloting
Group LLC 20,000 - 20,000
Richards Layton
Finger, P.A. 96,624 57,313 39,310
About Masonite International
Based in Ontario, Canada, Masonite International Corporation --
http://www.masonite.com/-- (TSE:MHM) is a vertically integrated
producer, manufacturing key components of doors, including
composite molded and veneer door facings, glass door lites and cut
stock. The company provides these products to its customers in
more than 70 countries around the world. The company is a wholly
owned subsidiary of Masonite International Inc. It offers a range
of interior and exterior doors. Masonite Canada operates Masonite
International's Canadian subsidiaries, well as certain other non-
United States subsidiaries.
Masonite International, Inc., and six affiliates filed petitions
on March 16, 2009, before the Ontario Superior Court of Justice
(Commercial List) under the Companies' Creditors Arrangement Act.
The Honorable Justice Campbell presides over the CCAA proceedings.
Derrick Tay and Orestes Pasparakis at Ernst & Young, Inc., serve
as monitor. Jay A. Carfagnini, Esq., and Brian F. Emprey, Esq.,
at Goodmans LLP in Toronto, serve as the Applicants' counsel.
Masonite Corporation, based in Tampa, Florida, and several U.S.
affiliates filed for Chapter 11 bankruptcy protection on the same
day (Bankr. D. Del. Case No. 09-10844). Judge Peter J. Walsh
handles the cases. Richard M. Cieri, Esq., Jonathan S. Henes,
Esq., and Christopher J. Marcus, Esq., at Kirkland & Ellis LLP;
and Daniel J. DeFranceschi, Esq., Jason M. Madron, Esq., and
Katisha D. Fortune, Esq., at Richards, Layton & Finger, P.A.,
serve as bankruptcy counsel. The Debtors' Investment Banker and
Financial Advisor is Perella Wenberg Partners LLP; the Debtors'
Restructuring Advisors is Alvarez & Marsal North American LLC; and
the Debtors' Claims Agent is Kurtzman Carson Consultants LLC.
As of January 31, 2009, the Debtors had total assets of
$1,527,495,443 and total debts of $2,641,590,842.
The Debtors filed with the Bankruptcy Court a pre-negotiated
reorganization plan together with their petitions. The Plan
provides that Masonite's existing senior secured obligations will
be converted on a pro rata basis subject to the election of each
existing holder of Senior Secured Obligations into: (i) a new
first-priority senior secured term loan; (ii) a new second-
priority senior secured PIK loan; and (iii) 97.5% of the common
equity of the reorganized Masonite. Holders of Masonite's
existing senior subordinated notes will be allocated 2.5% of the
common equity in the reorganized Masonite plus warrants for 17.5%
of the common stock of the reorganized Company, subject to
dilution under certain conditions. Holders of Class 5 General
Unsecured Claims under the Plan will be unimpaired and is expected
to recover 100% under the Plan.
Bankruptcy Creditors' Service, Inc., publishes Masonite Bankruptcy
News. The newsletter tracks the CCAA proceedings in Canada and
parallel chapter 11 proceedings in Delaware undertaken by company
and its various affiliates. http://bankrupt.com/newsstand/or
215/945-7000)
MOTOR COACH: Earns $2.9 Million in January 2009
-----------------------------------------------
Motor Coach Industries International, Inc., et al., filed with the
U.S. Bankruptcy Court for the District of Delaware their monthly
operating report for the month ended January 2009.
Motor Coach Industries, Inc. reported net income of $2.9 million
on sales of $25.1 million for the month of January 2009.
At Jan. 31, 2008, Motor Coach Industries, Inc. had
$203.7 million in total assets, ($55.7 million) in total
liabilities, and $259.5 million in total shareholders' equity.
A full text copy of Motor Coach Industries International, Inc., et
al.'s monthly operating report for the month ended January 31,
2009, is available for free at:
http://bankrupt.com/misc/MotorCoach.JanuaryMOR.pdf
About Motor Coach
Wilmington, Delaware-based Motor Coach Industries International,
Inc. -- http://www.mcicoach.com/-- and its subsidiaries
manufacture intercity coaches for the tour, charter, line-haul,
scheduled service, and commuter transit sectors in the U.S. and
Canada. They also operate seven sales centers and nine service
centers in the U.S. and Canada and is the industry's supplier of
aftermarket parts for most makes and models.
The company and six of its debtor-affiliates filed separate
petitions for Chapter 11 relief on Sept. 15, 2008 (Bankr. D. Del.
Lead Case No. 08-12136), to implement a pre-negotiated
restructuring plan to be funded by Franklin Mutual Advisers, LLC
and certain of its affiliates. The company's Canadian operations
are not included in the filing. Kenneth S. Ziman, Esq., and
Elisha D. Graff, Esq., at Simpson Thacher & Bartlett LLP, in New
York; and Mark D. Collins, Esq., Jason M. Madron, Esq., and Lee E.
Kaufman, Esq., at Richards Layton & Finger, P.A., in Wilmington,
Delaware, represent the Debtors in their restructuring efforts.
Attorneys at Womble Carlyle Sandridge & Rice PLLC and Brown
Rudnick LLP, represent the Official Committee of Unsecured
Creditors as counsel. Kurtzman Carson Consultants LLC serves as
claims and notice agent. Rothschild Inc. and AlixPartners LLP
also provide restructuring advice. At the time of filing, the
Debtors listed assets of between $500,000,000 and $1,000,000,000
and liabilities of between $100,000,000 and $500,000,000.
REFCO INC: Refco LLC's Monthly Operating Report for February 2009
-----------------------------------------------------------------
Albert Togut, the Chapter 7 Trustee overseeing the liquidation of
Refco, LLC's estate, filed with the U.S. Bankruptcy Court for the
Southern District of New York a monthly statement of cash receipts
and disbursements for the period from February 1 to 28, 2009.
The Chapter 7 Trustee reports that Refco LLC's beginning balance
in its Money Market account with JPMorgan Chase Bank, N.A.,
totaled $79,642,000 as of February 1.
During the Reporting Period, Refco LLC received $22,000 in
interest income. No transfers were made, according to Mr. Togut.
The Debtor held $79,664,000 at the end of the period.
Refco, LLC
Schedule of Cash Receipts and Disbursements
Through JPMorgan Money Market and Checking Accounts
February 1 through February 28, 2009
Beginning Balance, January 1, 2009 $79,642,000
RECEIPTS
Interest Income 22,000
Sale of Assets 0
Marshalling of Excess Capital 0
Man Financial - Excess Capital return 0
Membership and Clearing Deposits 0
Other Receivables 0
-------------
TOTAL RECEIPTS 22,000
TRANSFERS
Money Market Account to checking account 0
December 2008 cleared checks 0
-------------
TOTAL TRANSFERS 0
DISBURSEMENTS
Operating expenses & other disbursements 0
Executory contract cure payments 0
Pursuant to payment stipulation 0
Purchase price escrow deposit 0
Expected account escrow fund 0
Membership & clearing deposits 0
Payment on account of prepetition claims 0
Other disbursements 0
Reorganization Expenses
Attorney fees 0
Trustee bond premium 0
Other professional fees 0
-------------
TOTAL DISBURSEMENTS 0
-------------
Ending Balance, January 30, 2009 $79,664,000
=============
About Refco Inc.
Headquartered in New York, Refco Inc. -- http://www.refco.com/
-- is a diversified financial services organization with
operations in 14 countries and an extensive global institutional
and retail client base. Refco's worldwide subsidiaries are
members of principal U.S. and international exchanges, and are
among the most active members of futures exchanges in Chicago,
New York, London and Singapore. In addition to its futures
brokerage activities, Refco is a major broker of cash market
products, including foreign exchange, foreign exchange options,
government securities, domestic and international equities,
emerging market debt, and OTC financial and commodity products.
Refco is one of the largest global clearing firms for
derivatives. The company has operations in Bermuda.
The company and 23 of its affiliates filed for Chapter 11
protection on Oct. 17, 2005 (Bankr. S.D.N.Y. Case No. 05-60006).
J. Gregory Milmoe, Esq., at Skadden, Arps, Slate, Meagher & Flom
LLP, represented the Debtors in their restructuring efforts.
Milbank, Tweed, Hadley & McCloy LLP, represented the Official
Committee of Unsecured Creditors. Refco reported US$16.5 billion
in assets and US$16.8 billion in debts to the Bankruptcy Court on
the first day of its Chapter 11 cases.
The Court confirmed the Modified Joint Chapter 11 Plan of
Refco Inc. and certain of its Direct and Indirect Subsidiaries,
including Refco Capital Markets, Ltd., and Refco F/X Associates,
LLC, on Dec. 15, 2006. That Plan became effective on Dec. 26,
2006.
Pursuant to the plan, RJM, LLC, was named plan administrator to
reorganized Refco, Inc., and its affiliates, and Marc S. Kirschner
as plan administrator to Refco Capital Markets, Ltd. (Refco
Bankruptcy News, Issue No. 92; Bankruptcy Creditors' Service Inc.,
http://bankrupt.com/newsstand/or 215/945-7000)
REUNION INDUSTRIES: Posts $310,000 Net Loss in February 2009
------------------------------------------------------------
Reunion Industries, Inc., posted a net loss of $310,000 on net
sales $998,000 for the month of February 2009.
As of February 28, 2009, the Debtor had $21,930,000 in total
assets, $12,031,000 in total liabilities, and $9,899,000 in total
stockholders' equity.
A full-text copy of the Debtor's February 2009 monthly operating
report is available for free at:
http://researcharchives.com/t/s?3b13
Reunion Industries filed for chapter 11 protection on Nov. 26,
2007, (Bankr. D. Conn. Case No. 07-50727). Two Reunion Industries
stockholders, Charles E. Bradley, Sr. Family, L.P., and John Grier
Poole Family, L.P., filed separate Chapter 11 petitions on the
same day (Bankr. D. Conn. Case Nos. 07-50725 and 07-50726). Carol
A. Felicetta, Esq. at Reid and Riege, P.C.S. represents the
Debtors in their restructuring efforts.
SCO GROUP: Earns $5,045 in Month Ended January 31
-------------------------------------------------
The SCO Group, Inc. reported net income of $5,045 on zero revenue
for the month ended January 31, 2009. Cumulative filing to date
net loss was $13,446 on zero revenue.
At January 31, 2009, the company had $828,435 in total assets,
$1,260,843 in total liabilities, and $432,407 in stockholders'
deficit.
A full-text copy of the company's January 2009 monthly operating
report is available at:
http://bankrupt.com/misc/SCOGroup.JanuaryMOR.pdf
About The SCO Group
Headquartered in Lindon, Utah, The SCO Group Inc. (Nasdaq:SCOX)
fka Caldera International Inc. -- http://www.sco.com/--
provides software technology for distributed, embedded and
network-based systems, offering SCO OpenServer for small to
medium business and UnixWare for enterprise applications and
digital network services.
The company has office locations in Australia, Austria,
Argentina, Brazil, China, Japan, Poland, Russia, the United
Kingdom, among others.
The company and its affiliate, SCO Operations Inc., filed for
Chapter 11 protection on Sept. 14, 2007, (Bankr. D. Del. Lead
Case No. 07-11337). Paul Steven Singerman, Esq., and Arthur
Spector, Esq., at Berger Singerman P.A., represent the Debtors in
their restructuring efforts. James O'Neill, Esq., and Laura Davis
Jones, Esq., at Pachulski Stang Ziehl & Jones LLP, are the
Debtors' Delaware and conflicts counsels. Epiq Bankruptcy
Solutions LLC, acts as the Debtors' claims and noticing agent.
The United States Trustee failed to form an Official Committee of
Unsecured Creditors in the Debtors' cases due to insufficient
response from creditors.
SCO GROUP: SCO Operations Post $744,109 Net Loss in January 2009
----------------------------------------------------------------
SCO Operations, Inc. reported a net loss of $744,109 on net
revenue of $1,473,451 for the month ended January 31, 2009.
Cumulative filing to date net loss was $11,070,694 on net revenue
of $20,782,718.
At January 31, 2009, SCO Operations, Inc. had $9,274,557 in total
assets, $12,309,532 in total liabilities, and $3,034,975 in
stockholders' deficit.
A full-text copy of SCO Operations, Inc.'s January 2009 monthly
operating report is available at:
http://bankrupt.com/misc/SCOOperations.JanuaryMOR.pdf
About The SCO Group
Headquartered in Lindon, Utah, The SCO Group Inc. (Nasdaq:SCOX)
fka Caldera International Inc. -- http://www.sco.com/--
provides software technology for distributed, embedded and
network-based systems, offering SCO OpenServer for small to
medium business and UnixWare for enterprise applications and
digital network services.
The company has office locations in Australia, Austria,
Argentina, Brazil, China, Japan, Poland, Russia, the United
Kingdom, among others.
The company and its affiliate, SCO Operations Inc., filed for
Chapter 11 protection on Sept. 14, 2007, (Bankr. D. Del. Lead
Case No. 07-11337). Paul Steven Singerman, Esq., and Arthur
Spector, Esq., at Berger Singerman P.A., represent the Debtors in
their restructuring efforts. James O'Neill, Esq., and Laura Davis
Jones, Esq., at Pachulski Stang Ziehl & Jones LLP, are the
Debtors' Delaware and conflicts counsels. Epiq Bankruptcy
Solutions LLC, acts as the Debtors' claims and noticing agent.
The United States Trustee failed to form an Official Committee of
Unsecured Creditors in the Debtors' cases due to insufficient
response from creditors.
SMURFIT-STONE CONTAINER: Files Operating Report for February 2009
-----------------------------------------------------------------
Smurfit-Stone Container Corporation
Combined Balance Sheet
As of February 28, 2009
ASSETS
Current Assets:
Cash $194,947,000
Receivables 661,483,000
Inventories 519,657,000
Prepaid expenses and others 23,462,000
---------------
Total current assets 1,399,549,000
Net property 3,458,578,000
Timberlands, less depletion 31,729,000
Deferred debt issuance costs 18,995,000
Deferred income taxes 45,483,000
Investments in and advances to non-Debtor 60,387,000
affiliates
Other assets 70,264,000
---------------
Total assets $45,084,885,000
===============
LIABILITIES & EQUITY (DEFICIT)
Liabilities Not Subject to Compromise:
Current liabilities:
Current maturities of long-term debt $1,760,264,000
Accounts payable 230,349,000
Accrued compensation and payroll taxes 122,817,000
Interest payable 11,603,000
Income taxes payable 7,011,000
Current deferred taxes 21,052,000
Other current liabilities 50,415,000
---------------
Total current liabilities 2,203,511,000
Other long-term liabilities 123,340,000
---------------
Total liabilities not subject to compromise 2,326,851,000
Liabilities subject to compromise 4,296,342,000
Total stockholders' equity (deficit) (1,538,308,000)
---------------
Total liabilities & stockholders' equity $45,084,885,000
===============
Smurfit-Stone Container Corporation
Combined Statement of Operations
For the period January 26 to February 28, 2009
Net sales $534,077,000
Costs and expenses:
Cost of goods sold 432,976,000
Selling and administrative expenses 59,019,000
Restructuring charges 1,463,000
Loss on disposal of assets 57,000
---------------
Income from operations 40,562,000
Other income (expense):
Interest expense, net (28,958,000)
Equity in losses of non-debtor affiliates (1,365,000)
Loss on early extinguishment of debt (non-cash) (19,777,000)
Other, net 506,000
---------------
Loss before reorganization items and income taxes (9,032,000)
Reorganization items, net (68,719,000)
---------------
Loss before income taxes (77,751,000)
Benefit from income taxes -
---------------
Net loss ($77,751,000)
===============
Smurfit-Stone Container Corporation
Consolidated Schedule of Operating Cash Flow
For the period January 26 to February 28, 2009
Cash Flows From Operating Activities:
Net loss ($77,751,000)
Adjustments to reconcile net loss to net cash
provided by operating activities:
Loss from early extinguishment of debt 19,777,000
Depreciation, depletion and amortization 35,256,000
Deferred income taxes 1,069,000
Pension & post-retirement benefits 10,487,000
Equity in losses of non-debtor affiliates 1,365,000
Loss on disposal of assets 57,000
Changes in current assets & liabilities:
Receivables & retained interest (62,666,000)
Inventories (29,827,000)
Prepaid expenses & other current assets (1,806,000)
Accounts payable & accrued liabilities 205,950,000
Intercompany advances to non-Debtor (8,516,000)
affiliates
Interest payable 25,795,000
Others, net 6,897,000
---------------
Net cash provided by operating activities $126,087,000
Cash Flows From Investing Activities:
Expenditures for property, plant and equipment ($8,277,000)
Proceeds from property disposals 56,000
---------------
Net cash used in investing activities ($8,221,000)
Cash Flows From Financing Activities:
Proceeds from long-term debt $560,188,000
Net borrowings (repayment) of long-term debt (120,381,000)
Repurchase of receivables (385,093,000)
Deferred debt issuance costs 8,608,000
----------------
Net cash provided by financing activities $63,322,000
Increase in cash and cash equivalents $181,188,000
Cash and cash equivalents, beginning of period 13,759,000
---------------
Cash and cash equivalents end of period $194,947,000
===============
Smurfit-Stone Container Corp. -- http://www.smurfit-stone.com--
is one of the leading integrated manufacturers of paperboard and
paper-based packaging in North America and one of the world's
largest paper recyclers. The company operates 162 manufacturing
facilities that are primarily located in the United States and
Canada. The company also owns roughly one million acres of
timberland in Canada and operates wood harvesting facilities in
Canada and the United States. The company employs approximately
21,250 employees, 17,400 of which are based in the United States.
For the quarterly period ended September 30, 2008, the company
reported approximately $7.450 billion in total assets and
$5.582 billion in total liabilities on a consolidated basis.
Smurfit-Stone and its U.S. and Canadian subsidiaries filed to
reorganize under Chapter 11 on January 26, 2009 (Bankr. D. Del.
Lead Case No. 09-10235). Certain of the company's affiliates,
including Smurfit-Stone Container Canada Inc., a wholly owned
subsidiary of SSCE, and certain of its affiliates, filed to
reorganize under the Companies' Creditors Arrangement Act in the
Ontario Superior Court of Justice in Canada.
According to Bloomberg News, Smurfit-Stone joins other pulp- and
paper-related bankruptcies as rising Internet use hurts magazines
and newspapers. Corp. Durango SAB, Mexico's largest papermaker,
sought U.S. bankruptcy in October. Quebecor World Inc., a
magazine printer and Pope & Talbot Inc., a pulp-mill operator,
also sought cross-border bankruptcies for their operations in the
U.S. and Canada.
James F. Conlan, Esq., Matthew A. Clemente, Esq., Dennis M.
Twomey, Esq., and Bojan Guzina, Esq., at Sidley Austin LLP, in
Chicago, Illinois; and Robert S. Brady, Esq., and Edmon L. Morton,
Esq., at Young Conaway Stargatt & Taylor in Wilmington, Delaware,
serve as the Debtors' bankruptcy counsel. PricewaterhouseCooper
LLC, serves as the Debtors' financial and investment consultants.
Lazard Freres & Co. LLC acts as the Debtors' investment bankers.
Epiq Bankruptcy Solutions LLC, acts as the Debtors' notice and
claims agent.
Bankruptcy Creditors' Service, Inc., publishes Smurfit-Stone
Bankruptcy News. The newsletter tracks the chapter 11 proceeding
and ancillary foreign proceedings undertaken by Smurfit-Stone
Container Corp. and its various affiliates.
(http://bankrupt.com/newsstand/or 215/945-7000)
SYNTAX-BRILLIAN: Posts $64.2 Million in December 2008
-----------------------------------------------------
Syntax-Brillian Corporation reported a net loss before
reorganization items of $26.3 million and a net loss of
$25.9 million on zero revenue for the month of December 2008.
Cumulative filing to date net loss before reorganization items was
$55.3 million and net loss was $64.2 million on zero revenue.
At December 31, 2008, the company had total assets of
$181.7 million, total liabilities of $105.7 million, and total
stockholders' equity of $76.0 million.
A full-text copy of the company's December 2008 monthly operating
report is available at:
http://bankrupt.com/misc/Syntax-Brillian.DecemberMOR.pdf
Based in Tempe, Arizona, Syntax-Brillian Corporation (Nasdaq:
BRLC) -- http://www.syntaxbrillian.com/-- and its affiliated
debtors, Syntax-Brillian SPE, Inc., and Syntax Groups Corp.
design, develop, and distribute high-definition televisions
(HDTVs) utilizing liquid crystal display (LCD) and, formerly,
liquid crystal (LCoS) technologies. The Debtors sell their HDTVs
under the Olevia brand name. SBC is also the sole shareholder of
Vivitar Corp., a supplier of film cameras and a line of digital
imaging products, including digital cameras.
The Debtors filed separate petitions for Chapter 11 relief July 8,
2008 (Bankr. D. Del. Lead Case No. 08-11407). Nancy A. Mitchell,
Esq., Allen G. Kadish, Esq., and John W. Weiss, Esq., at Greenberg
Traurig LLP in New York, represent the Debtors as counsel.
Victoria Counihan, Esq., at Greenburg Traurig LLP in Wilmington,
Delaware, represents the Debtors as Delaware counsel. Five members
compose the Official Committee of Unsecured Creditors. Pepper
Hamilton, LLP, represents the Committee as counsel. Epiq
Bankruptcy Solutions, LLC, is the Debtors' balloting, notice, and
claims agent.
Syntax-Brillian cut a deal to sell its business assets to Olevia
International Group LLC. On Sept. 10, 2008, OIG told the
Bankruptcy Court that it won't pursue the deal, contending that
the Debtors irreparably breached various covenants and
representations contained in the Purchase Agreement, causing
various Closing Conditions to fail, and rendering it unable to
comply with its obligations under the Purchase Agreement. OIG
also accused the Debtors of violating their sale contract by
losing business from Target Corp., the Debtors' main customer.
The following day, the Debtors filed a lawsuit asking the Court to
compel Olevia to complete the purchase. On Oct. 10, the
Bankruptcy Court denied OIG's emergency request to excuse it from
its obligations. OIG took an appeal of that order.
When the Debtors filed for protection from their creditors, they
listed total assets of $175,714,000 and total debts of
$259,389,000.
SYNTAX-BRILLIAN: Syntax Groups Posts $570,497 Net Loss in December
------------------------------------------------------------------
Syntax Groups Corporation reported a net loss of $570,497 on net
revenue of ($1.2 million) for the month of December 2008.
Cumulative filing to date net loss was $48.2 million on net
revenue of $17.2 million.
At December 31, 2008, the company had total assets of
$178.7 million, total liabilities of $238.6 million, and total
stockholders' deficit of $59.9 million.
A full-text copy of the company's December 2008 monthly operating
report is available at:
http://bankrupt.com/misc/SyntaxGroups.DecemberMOR.pdf
Based in Tempe, Arizona, Syntax-Brillian Corporation (Nasdaq:
BRLC) -- http://www.syntaxbrillian.com/-- and its affiliated
debtors, Syntax-Brillian SPE, Inc., and Syntax Groups Corp.
design, develop, and distribute high-definition televisions
(HDTVs) utilizing liquid crystal display (LCD) and, formerly,
liquid crystal (LCoS) technologies. The Debtors sell their HDTVs
under the Olevia brand name. SBC is also the sole shareholder of
Vivitar Corp., a supplier of film cameras and a line of digital
imaging products, including digital cameras.
The Debtors filed separate petitions for Chapter 11 relief July 8,
2008 (Bankr. D. Del. Lead Case No. 08-11407). Nancy A. Mitchell,
Esq., Allen G. Kadish, Esq., and John W. Weiss, Esq., at Greenberg
Traurig LLP in New York, represent the Debtors as counsel.
Victoria Counihan, Esq., at Greenburg Traurig LLP in Wilmington,
Delaware, represents the Debtors as Delaware counsel. Five members
compose the Official Committee of Unsecured Creditors. Pepper
Hamilton, LLP, represents the Committee as counsel. Epiq
Bankruptcy Solutions, LLC, is the Debtors' balloting, notice, and
claims agent.
Syntax-Brillian cut a deal to sell its business assets to Olevia
International Group LLC. On Sept. 10, 2008, OIG told the
Bankruptcy Court that it won't pursue the deal, contending that
the Debtors irreparably breached various covenants and
representations contained in the Purchase Agreement, causing
various Closing Conditions to fail, and rendering it unable to
comply with its obligations under the Purchase Agreement. OIG
also accused the Debtors of violating their sale contract by
losing business from Target Corp., the Debtors' main customer.
The following day, the Debtors filed a lawsuit asking the Court to
compel Olevia to complete the purchase. On Oct. 10, the
Bankruptcy Court denied OIG's emergency request to excuse it from
its obligations. OIG took an appeal of that order.
When the Debtors filed for protection from their creditors, they
listed total assets of $175,714,000 and total debts of
$259,389,000.
SYNTAX-BRILLIAN: SPE Files Monthly Operating Report for December
----------------------------------------------------------------
Syntax-Brillian SPE, Inc., reported zero income/loss on zero
revenue for the month of December 2008.
At December 31, 2008, the company had total assets of
$29.4 million, total liabilities of $29.4 million, and zero net
owner equity.
A full-text copy of the company's December 2008 monthly operating
report is available at:
http://bankrupt.com/misc/Syntax-BrillianSPE.DecemberMOR.pdf
Based in Tempe, Arizona, Syntax-Brillian Corporation (Nasdaq:
BRLC) -- http://www.syntaxbrillian.com/-- and its affiliated
debtors, Syntax-Brillian SPE, Inc., and Syntax Groups Corp.
design, develop, and distribute high-definition televisions
(HDTVs) utilizing liquid crystal display (LCD) and, formerly,
liquid crystal (LCoS) technologies. The Debtors sell their HDTVs
under the Olevia brand name. SBC is also the sole shareholder of
Vivitar Corp., a supplier of film cameras and a line of digital
imaging products, including digital cameras.
The Debtors filed separate petitions for Chapter 11 relief July 8,
2008 (Bankr. D. Del. Lead Case No. 08-11407). Nancy A. Mitchell,
Esq., Allen G. Kadish, Esq., and John W. Weiss, Esq., at Greenberg
Traurig LLP in New York, represent the Debtors as counsel.
Victoria Counihan, Esq., at Greenburg Traurig LLP in Wilmington,
Delaware, represents the Debtors as Delaware counsel. Five members
compose the Official Committee of Unsecured Creditors. Pepper
Hamilton, LLP, represents the Committee as counsel. Epiq
Bankruptcy Solutions, LLC, is the Debtors' balloting, notice, and
claims agent.
Syntax-Brillian cut a deal to sell its business assets to Olevia
International Group LLC. On Sept. 10, 2008, OIG told the
Bankruptcy Court that it won't pursue the deal, contending that
the Debtors irreparably breached various covenants and
representations contained in the Purchase Agreement, causing
various Closing Conditions to fail, and rendering it unable to
comply with its obligations under the Purchase Agreement. OIG
also accused the Debtors of violating their sale contract by
losing business from Target Corp., the Debtors' main customer.
The following day, the Debtors filed a lawsuit asking the Court to
compel Olevia to complete the purchase. On Oct. 10, the
Bankruptcy Court denied OIG's emergency request to excuse it from
its obligations. OIG took an appeal of that order.
When the Debtors filed for protection from their creditors, they
listed total assets of $175,714,000 and total debts of
$259,389,000.
TRONOX INC: Files Monthly Operating Report for February 2009
------------------------------------------------------------
Tronox Inc. Chapter 11 Debtors
Consolidated Balance Sheet
As of February 28, 2009
ASSETS
Cash and cash equivalents $26,900,000
Notes and accounts receivable intercompany 313,200,000
Accounts receivable, third parties 115,300,000
Inventories, net 168,700,000
Prepaid and other assets 17,300,000
Income tax receivable 500,000
Deferred income taxes 1,200,000
----------------
Total Current Assets 643,100,000
Property, plant and equipment, net 359,000,000
Intercompany advances 130,500,000
Other long-term assets 366,700,000
----------------
Total Assets $1,499,300,000
================
LIABILITIES AND STOCKHOLDERS' EQUITY
Current Liabilities
Accounts payable, third parties $34,500,000
Accrued liabilities 68,500,000
Long-term debt due within one year 50,000,000
Income taxes payable 3,100,000
Long-term debt classified as current 212,600,000
----------------
Total Current Liabilities 368,700,000
Noncurrent liabilities:
Deferred income taxes 5,300,000
Environmental remediation and restoration 127,800,000
Notes and advances payable, intercompany 8,100,000
Other 118,900,000
----------------
Total Liabilities
Not Subject to Compromise 628,800,000
Minority Interest 3,400,000
Liabilities Subject to compromise 436,500,000
Commitments and contingencies 0
Stockholders' equity
Common stock 400,000
Capital in excess of par value 495,500,000
Retained earnings (accumulated deficit) (21,400,000)
Accumulated other comprehensive income (loss) (37,200,000)
Treasury stock, at cost (6,700,000)
----------------
Total Stockholders' Equity 430,600,000
----------------
Total Liabilities and Stockholders' Equity $1,499,300,000
================
Tronox Inc. Chapter 11 Debtors
Consolidated Statement of Operations
Month Ended February 28, 2009
Net Sales $49,300,000
Cost of goods sold 44,800,000
----------------
Gross margin 4,500,000
Selling, general and admin. Expenses 3,900,000
----------------
600,000
Interest and debt expense 2,200,000
Other (income) expense, net (1,700,000)
Reorganization items 1,400,000
----------------
Loss from continuing operations
before income taxes (1,300,000)
Income tax benefit (provision) 0
----------------
Loss from continuing operations (1,300,000)
Income (loss) from discontinued operations,
net of tax 200,000
----------------
Net loss ($1,500,000)
================
On behalf of the Debtors, Jonathan S. Henes, Esq., at Kirkland &
Ellis LLP, in New York, discloses that for the period from
February 1 to 28, 2009, these Debtors disbursed a total of
$49,496.883:
Debtor Amount Disbursed
------ ----------------
Tronox Luxembourg S.ar.L. $22,651
Tronox Worldwide LLC 383,148
Tronox LLC 41,758,445
Tronox Pigments (Savannah), Inc. 7,332,639
From the month and year-to-date periods from February 1 to 28,
2009, the Debtors paid an aggregate of $ 558,605 to eight
insiders on account of payroll or expense reimbursements:
Current Period Total Amount
Insider Amount Paid Paid to Date
------- -------------- ------------
Wanlass, Dennis L. $67,863 $101,038
Green, Kelly A. 35,806 46,037
Mikkelson, Mary A. 26,850 40,273
Romano, John D. 20,461 30,692
Wachnowsky, Stephen T. 20,000 30,000
Corbett, Patrick S. 15,769 23,653
Foster, Michael J. 21,187 31,764
Gibney, Robert C. 18,784 28,176
Mr. Henes reports that the Debtors collected, withheld or paid
these state and local taxes for the month ended February 28,
2009:
Prepetition Postpetition Total
Taxes Amount Amount Amount
----- ----------- ------------ ------
Gross salaries & wages $0 $5,091,967 $5,091,967
Payroll taxes withheld 0 1,186,239 1,186,239
Employer payroll tax 0 408,235 408,235
Use Tax Paid 124,494 230,628 355,122
Property Taxes Paid 2,284,219 0 2,284,219
Franchise Taxes Paid 34,865 0 34,865
Other Taxes Paid 5,525 12,946 18,471
A schedule of the Debtors' tax transactions is available for free
at http://bankrupt.com/misc/Tronox_Feb2009TaxesSched.pdf
The Debtors made no payments to professionals on account of
services rendered in their Chapter 11 cases, as of February 28,
2009, according to Mr. Henes.
About Tronox Inc.
The company is the world's third largest maker of titanium dioxide
behind DuPont Co. and Saudi-owned National Titanium Dioxide Co.,
known a Cristal, according to Bloomberg.
Tronox has $1.6 billion in total assets, including $646.9 million
in current assets, as at September 30, 2008. The company has
$881.6 million in current debts and $355.9 million in total
noncurrent debts.
Tronox Inc., aka New-Co Chemical, Inc., and 14 other affiliates
filed for Chapter 11 protection on January 13, 2009 (Bankr. S.D.
N.Y. Case No. 09-10156). The case is before Hon. Allan L.
Gropper. Richard M. Cieri, Esq., Jonathan S. Henes, Esq., and
Colin M. Adams, Esq., at Kirkland & Ellis LLP in New York,
represent the Debtors. The Debtors also tapped Togut, Segal &
Segal LLP as conflicts counsel; Rothschild Inc. as investment
bankers; Alvarez & Marsal North America LLC, as restructuring
consultants; and Kurtzman Carson Consultants serves as notice and
claims agent.
An official committee of unsecured creditors and an official
committee of equity security holders have been appointed in the
cases. The Creditors Committee has retained Paul, Weiss, Rifkind,
Wharton & Garrison LLP as counsel.
Until September 30, 2008, Tronox Inc. was publicly traded on the
New York Stock Exchange under the symbols TRX and TRX.B. Since
then, Tronox Inc. has traded on the Over the Counter Bulletin
Board under the symbols TROX.A.PK and TROX.B.PK. As of
December 31, 2008, Tronox Inc. had 19,107,367 outstanding shares
of class A common stock and 22,889,431 outstanding shares of
class B common stock.
Bankruptcy Creditors' Service, Inc., publishes Tronox Bankruptcy
News. The newsletter tracks the chapter 11 proceeding undertaken
by Tronox Inc. and its 14 affiliates.
(http://bankrupt.com/newsstand/or 215/945-7000)
*********
Monday's edition of the TCR delivers a list of indicative prices
for bond issues that reportedly trade well below par. Prices are
obtained by TCR editors from a variety of outside sources during
the prior week we think are reliable. Those sources may not,
however, be complete or accurate. The Monday Bond Pricing table
is compiled on the Friday prior to publication. Prices reported
are not intended to reflect actual trades. Prices for actual
trades are probably different. Our objective is to share
information, not make markets in publicly traded securities.
Nothing in the TCR constitutes an offer or solicitation to buy or
sell any security of any kind. It is likely that some entity
affiliated with a TCR editor holds some position in the issuers'
public debt and equity securities about which we report.
Each Tuesday edition of the TCR contains a list of companies with
insolvent balance sheets whose shares trade higher than $3 per
share in public markets. At first glance, this list may look like
the definitive compilation of stocks that are ideal to sell short.
Don't be fooled. Assets, for example, reported at historical cost
net of depreciation may understate the true value of a firm's
assets. A company may establish reserves on its balance sheet for
liabilities that may never materialize. The prices at which
equity securities trade in public market are determined by more
than a balance sheet solvency test.
A list of Meetings, Conferences and Seminars appears in each
Wednesday's edition of the TCR. Submissions about insolvency-
related conferences are encouraged. Send announcements to
conferences@bankrupt.com/
On Thursdays, the TCR delivers a list of recently filed chapter 11
cases involving less than $1,000,000 in assets and liabilities
delivered to nation's bankruptcy courts. The list includes links
to freely downloadable images of these small-dollar petitions in
Acrobat PDF format.
Each Friday's edition of the TCR includes a review about a book of
interest to troubled company professionals. All titles are
available at your local bookstore or through Amazon.com. Go to
http://www.bankrupt.com/books/to order any title today.
Monthly Operating Reports are summarized in every Saturday edition
of the TCR.
The Sunday TCR delivers securitization rating news from the week
then-ending.
For copies of court documents filed in the District of Delaware,
please contact Vito at Parcels, Inc., at 302-658-9911. For
bankruptcy documents filed in cases pending outside the District
of Delaware, contact Ken Troubh at Nationwide Research &
Consulting at 207/791-2852.
*********
S U B S C R I P T I O N I N F O R M A T I O N
Troubled Company Reporter is a daily newsletter co-published
by Bankruptcy Creditors' Service, Inc., Fairless Hills,
Pennsylvania, USA, and Beard Group, Inc., Frederick, Maryland,
USA. Ma. Theresa Amor J. Tan Singco, Ronald C. Sy, Joel Anthony
G. Lopez, Cecil R. Villacampa, Sheryl Joy P. Olano, Carlo
Fernandez, Christopher G. Patalinghug, and Peter A. Chapman,
Editors.
Copyright 2009. All rights reserved. ISSN: 1520-9474.
This material is copyrighted and any commercial use, resale or
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*** End of Transmission ***