/raid1/www/Hosts/bankrupt/TCR_Public/110924.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, September 24, 2011, Vol. 15, No. 265
Headlines
AMBAC FINANCIAL: Has $8,409,126 Net Loss in July
AMERICANWEST BANCORP: Posts $8,693 Net Loss in August 2011
BANKUNITED FINANCIAL: Posts $394,317 Net Loss in August 2011
BARNES BAY: Posts $4.7 Million Net Loss in July 2011
CARIBE MEDIA: Seeks More Exclusivity, Reports Net Loss
CARITAS HEALTH: Ends July 2011 With $18.8 Million Cash
FIRSTFED FINANCIAL: Posts $67,214 Net Loss in August 2011
NEW STREAM: NS Insurance Ends July 2011 With $122.09 Million Cash
NEW STREAM: NS Secured Ends July 2011 With $7.0 Million Cash
NEW STREAM: NS Capital Ends July 2011 With $752,055 Cash
PERKINS & MARIE: Callender's Stores Both Report July Losses
PROFESSIONAL VETERINARY: Ends August 2011 With $8.9 Million Cash
SEAHAWK DRILLING: Ends July 2011 With $11.3 Million Cash
SHARPER IMAGE: Posts $110,682 Net Loss in August 2011
TOUSA INC: Ends August 2011 With $500.9 Million Cash
*********
AMBAC FINANCIAL: Has $8,409,126 Net Loss in July
------------------------------------------------
Ambac Financial Group, Inc.
Balance Sheet
As of July 31, 2011
ASSETS:
Current Assets:
Unrestricted Cash and Equivalents $28,334,548
Restricted Cash and Cash Equivalents 2,500,000
Accounts Receivable -
Notes Receivable 862,112
Inventories -
Prepaid Expenses -
Professional Retainers 4,061,665
Other Current Assets 22,581,652
----------------
Total Current Assets 58,339,977
Property & Equipment:
Real Property and Improvements -
Machinery & Equipment -
Furniture, Fixtures, and Office Equipment -
Leasehold Improvements -
Vehicles -
Less: Accumulated Depreciation -
----------------
Total Property & Equipment -
Other Assets:
Amounts Due From Insiders 469,958
Other Assets (1,051,014,852)
----------------
Total Other Assets (1,050,544,894)
----------------
Total Assets ($992,204,917)
================
LIABILITIES AND OWNERS' EQUITY:
Liabilities Not Subject to Compromise (Postpetition)
Accounts Payable -
Taxes Payable -
Wages Payable -
Notes Payable -
Rent/Leases - Building/Equipment -
Secured Debt/Adequate Protection Payments -
Professional Fees $14,367,130
Amounts Due to Insiders 1,044
Other Postpetition Liabilities 7,788
----------------
Total Postpetition Liabilities 14,375,962
Liabilities Subject to Compromise (Prepetition):
Secured Debt -
Priority Debt -
Unsecured Debt 1,708,170,624
----------------
Total Prepetition Liabilities 1,708,170,624
Total Liabilities 1,722,546,586
Owners' Equity:
Capital Stock 3,080,168
Additional Paid-in Capital 2,172,026,548
Partners' Capital Account -
Owners' Equity Account -
Retained earnings - prepetition (3,896,443,042)
Retained earnings - postpetition (1,113,167,441)
Adjustments to Owner Equity 119,752,264
Postpetition Contributions -
----------------
Net Owners' Equity (2,714,751,503)
----------------
Total Liabilities & Owners' Equity ($992,204,917)
================
Ambac Financial Group, Inc.
Statement of Operations
For the month ended July 31, 2011
Gross Revenues -
Less: Returns & Allowances -
----------------
Net Revenue -
Cost of Goods Sold:
Beginning Inventory -
Add: Purchases -
Cost of labor -
Other costs -
Less: Ending Inventory -
----------------
Cost of Goods Sold -
Gross Profit -
Operating Expenses:
Advertising -
Auto and Truck Expense -
Bad Debts -
Contributions -
Employee Benefits Programs $25,962
Officer/Insider Compensation 96,154
Insurance -
Management Fees/Bonuses -
Office Expense -
Pension & profit sharing plans -
Repairs & Maintenance -
Rent and Lease Expense -
Salaries/Commissions/Fees -
Supplies -
Taxes - Payroll 1,711
Taxes - Real Estate -
Taxes - Other 9
Travel & Entertainment -
Utilities -
Other 288,152
----------------
Total Operating Expenses Before 411,988
Depreciation
Depreciation/Depletion/Amortization -
----------------
Net profit(loss) Before Other Income &
Expenses (411,988)
Other Income and Expenses:
Other income 2,024,493
Interest Expense -
Other Expense 9,658,677
----------------
Net profit (loss) Before Reorganization Items (8,046,172)
Reorganization Items:
Professional Fees 349,950
U.S. Trustee Quarterly Fees 13,004
Interest on Cash from Chapter 11 -
Gain from Sale of Equipment -
Other Reorganization Expenses -
----------------
Total Reorganization Expenses 362,954
----------------
Income Taxes -
----------------
Net Profit (Loss) ($8,409,126)
================
Ambac Financial Group, Inc.
Schedule of Cash Receipts and Disbursements
For the month ended July 31, 2011
Cash Beginning of Month $28,761,991
Receipts:
Cash Sales -
Accounts Receivable - Prepetition -
Accounts Receivable - Postpetition -
Loans and Advances -
Sale of Assets -
Other 2,030,108
Transfers 810,695
----------------
Total Receipts 2,840,804
Disbursements:
Gross Payroll 73,827
Sales, Use, & Other Taxes -
Inventory Purchases -
Secured/Rental/Leases -
Insurance -
Administrative -
Selling -
Other 2,383,723
Owner Draw -
Transfers (to DIP Accts.) 810,695
Professional Fees -
U.S. Trustee Quarterly Fees -
Court Costs -
----------------
Total Disbursements 3,268,246
----------------
Net Cash Flow (427,442)
----------------
Cash - End of Month $28,334,548
================
About Ambac Financial
Ambac Financial Group, Inc., headquartered in New York City, is a
holding company whose affiliates provided financial guarantees and
financial services to clients in both the public and private
sectors around the world.
Ambac Financial filed a voluntary petition for relief under
Chapter 11 of the U.S. Bankruptcy Code (Bankr. S.D.N.Y. Case No.
10-15973) in Manhattan on Nov. 8, 2010. Ambac said it will
continue to operate in the ordinary course of business as "debtor-
in-possession" under the jurisdiction of the Bankruptcy Court and
in accordance with the applicable provisions of the Bankruptcy
Code and the orders of the Bankruptcy Court.
Ambac's bond insurance unit, Ambac Assurance Corp., did not file
for bankruptcy. AAC is being restructured by state regulators in
Wisconsin. AAC is domiciled in Wisconsin and regulated by the
Office of the Commissioner of Insurance of the State of Wisconsin.
The parent company is not regulated by the OCI.
Ambac's consolidated balance sheet -- which includes non-debtor
Ambac Assurance Corp -- showed US$30.05 billion in total assets,
US$31.47 billion in total liabilities, and a US$1.42 billion
stockholders' deficit, at June 30, 2010.
On an unconsolidated basis, Ambac said in a court filing that
it has assets of (US$394.5 million) and total liabilities of
US$1.6826 billion as of June 30, 2010.
Bank of New York Mellon Corp., as trustee to seven different types
of notes, is listed as the largest unsecured creditor, with claims
totaling about US$1.62 billion.
Peter A. Ivanick, Esq., Allison H. Weiss, Esq., and Todd L.
Padnos, Esq., at Dewey & LeBoeuf LLP, serve as the Debtor's
bankruptcy counsel. The Blackstone Group LP is the Debtor's
financial advisor. Kurtzman Carson Consultants LLC is the claims
and notice agent. KPMG LLP is tax consultant to the Debtor.
Anthony Princi, Esq., Gary S. Lee, Esq., and Brett H. Miller,
Esq., at Morrison & Foerster LLP, in New York, serve as counsel
to the Official Committee of Unsecured Creditors. Lazard Freres
& Co. LLC is the Committee's financial advisor.
Bankruptcy Creditors' Service, Inc., publishes Ambac Bankruptcy
News. The newsletter tracks the Chapter 11 proceeding undertaken
by Ambac Financial Group and the restructuring proceedings of
Ambac Assurance Corp. (http://bankrupt.com/newsstand/or 215/945-
7000).
AMERICANWEST BANCORP: Posts $8,693 Net Loss in August 2011
----------------------------------------------------------
On Sept. 15, 2011, AmericanWest Bancorporation filed with the
U.S. Bankruptcy Court for the Eastern District of Washington its
monthly operating report for August 2011.
The Debtor reported a net loss of $8,693 on $0 revenue for the
month of August. The net loss for the month of July was $5,764.
At Aug. 31, 2011, the Debtor had total assets of $7.06 million,
total liabilities of $47.45 million, and a stockholders' deficit
of $40.39 million. The book balance of cash at Aug. 31, 2011,
was $5.63 million compared to $5.64 million at July 31, 2011.
A copy of the monthly operating report is available for free at:
http://is.gd/5dkPrB
About AmericanWest Bancorporation
Headquartered in Spokane, Washington, AmericanWest Bancorporation
(OTC BB: AWBC) -- http://www.awbank.net/-- is a bank holding
company whose principal subsidiary is AmericanWest Bank, which
includes Far West Bank in Utah operating as an integrated division
of AmericanWest Bank. AmericanWest Bank is a community bank with
58 financial centers located in Washington, Northern Idaho and
Utah.
AmericanWest Bancorporation filed for Chapter 11 protection
(Bankr. E.D. Wash. Case No. 10-06097) on Oct. 28, 2010. The
banking subsidiary was not including in the Chapter 11 filing.
Christopher M. Alston, Esq., and Dillon E. Jackson, Esq., at
Foster Pepper Shefelman PLLC, in Seattle, Washington, serve as
bankruptcy counsel. G. Larry Engel, Esq., at Morrison & Foerster
LLP, also serve as counsel.
The Debtor estimated assets of $1 million to $10 million and debts
of $10 million to $50 million in its Chapter 11 petition.
AmericanWest Bancorporation's estimates exclude its banking unit's
assets and debts. In its Form 10-Q filed with the Securities and
Exchange Commission before the Petition Date, AmericanWest
Bancorporation reported consolidated assets -- including its bank
unit's -- of $1.536 billion and consolidated debts of
$1.538 billion as of Sept. 30, 2010.
In December 2010, AmericanWest Bancorporation completed the sale
of all outstanding shares of its wholly-owned subsidiary,
AmericanWest Bank, to a wholly owned subsidiary of SKBHC Holdings
LLC, in a transaction approved by the U.S. Bankruptcy Court.
BANKUNITED FINANCIAL: Posts $394,317 Net Loss in August 2011
------------------------------------------------------------
BankUnited Financial Corporation, together with its subsidiaries
BankUnited Financial Services, Inc., and CRE America Corporation,
filed on Sept. 15, 2011, its monthly operating report for August
2011 with the United States Bankruptcy Court for the Southern
District of Florida.
Funds at Aug. 31, 2011, were roughly $10.22 million compared to
roughly $10.60 million at June 30, 2011.
BankUnited Financial Corporation, et al., reported a net loss of
$394,317 in August. Professional fees totaled $373,838 for the
period.
At Aug. 31, 2011, BankUnited Financial Corporation, et al., had
$35.12 million in total assets, $576.83 million in total
liabilities, and a stockholders' deficit of $541.71 million.
A complete text of the operating report is available for free at:
http://is.gd/b0xue0
About BankUnited Financial
BankUnited Financial Corp. (OTC Ticker Symbol: BKUNQ) --
http://www.bankunited.com/-- was the holding company for
BankUnited FSB, the largest banking institution headquartered in
Coral Gables, Florida. On May 21, 2009, BankUnited FSB was closed
by regulators and the Federal Deposit Insurance Corporation
facilitated a sale of the bank to a management team headed by John
Kanas, a veteran of the banking industry and former head of North
Fork Bank, and a group of investors led by W.L. Ross & Co.
BankUnited, FSB, had assets of $12.8 billion and deposits of
$8.6 billion as of May 2, 2009.
The Company and its affiliates filed for Chapter 11 protection
(Bankr. S.D. Fla. Lead Case No. 09-19940) on May 22, 2009.
Stephen P. Drobny, Esq., and Peter Levitt, Esq., at Shutts & Bowen
LLP; Mark D. Bloom, Esq., and Scott M. Grossman, Esq., at
Greenberg Traurig, LLP; and Michael C. Sontag, at Camner, Lipsitz,
P.A., represent the Debtors as counsel. Corali Lopez-Castro,
Esq., David Samole, Esq., at Kozyak Tropin & Throckmorton, P.A.;
and Todd C. Meyers, Esq., at Kilpatrick Stockton LLP, serve as
counsel to the official committee of unsecured creditors.
In its bankruptcy petition, BankUnited Financial Corp. disclosed
$37,729,520 in assets against $559,740,185 in debts. Aside from
those assets, BankUnited said that a "valuable" asset is its $3.6
billion net operating loss carryforward.
Wilmington Trust Co., U.S. Bank, N.A., and the Bank of New York
were listed among the company's largest unsecured creditors in
their roles as trustees for security issues. BankUnited estimated
the Bank of New York claim tied to convertible securities at
$184 million. U.S. Bank and Wilmington Trust are owed
$120 million and $118.171 million on account of senior notes.
BARNES BAY: Posts $4.7 Million Net Loss in July 2011
----------------------------------------------------
Barnes Bay Development Ltd., et al., reported a net loss of
$4.7 million on $1.7 million of revenue for the month ended
July 31, 2011. EBITDA was a loss of $1.3 million for the month.
At July 31, 2011, the Debtors had $537.3 million in total assets,
$476.2 million in total liabilities, and stockholders' equity of
$61.1 million.
The Debtors ended the period with $1,853,825 cash.
The Debtor paid a total of $3,399,393 in professional fees for the
month.
A copy of the monthly operating report is available for free at:
http://bankrupt.com/misc/barnesbay.july2011mor.pdf
About Barnes Bay
Beverly Hills, California-based Barnes Bay Development Ltd., owns
the Viceroy Anguilla Resort & Residences on the British West
Indies island of Anguilla. Barnes Bay and two affiliates filed
for Chapter 11 bankruptcy protection (Bankr. D. Del. Lead Case No.
11-10792) on March 17, 2011, to facilitate the sale of the resort.
Barnes Bay disclosed $3,331,282 in assets and $481,840,435 in
liabilities as of the Chapter 11 filing.
Akin Gump Straus Hauer & Feld LLP is the Debtors' bankruptcy
counsel, and Keithley Lake & Associates is the Debtors' special
Anguillan counsel. Kurtzman Carson Consultants LLC is the
Debtors' claims, noticing, solicitation and balloting agent.
The U.S. Trustee appointed five members to the official committee
of unsecured creditors in the Debtors' cases. Brown Rudnick LLP
serves as the Committee's co-counsel, and Womble Carlyle Sandridge
& Rice, PLLC, as its Delaware co-counsel. C.R. Hodge & Associates
is the Committee's foreign counsel. FTI Consulting, Inc., serves
as the Committee's financial advisors.
CARIBE MEDIA: Seeks More Exclusivity, Reports Net Loss
------------------------------------------------------
Bill Rochelle, the bankruptcy columnist for Bloomberg News,
reports that Caribe Media Inc. reported a $76,000 net loss in
July, prompted the U.S. Trustee to object to the reorganization
plan, and is requesting an extension until Dec. 29 of the
exclusive right to propose a Chapter 11 reorganization.
The Company plus affiliates submitted a proposed plan on Aug. 18
where secured lenders would take ownership and receive a $55
million loan, for a projected recovery of 79 percent to 95
percent. Subordinated noteholders owed about $58.5 million are to
receive noting under the plan.
The U.S. Trustee objected to the disclosure statement, saying it's
not proper to give a release to venture capital investor Welsh,
Carson, Anderson & Stowe, whose funds control the equity.
The operating report showed revenue in July of $674,000 and
operating income of $192,000.
A hearing on the disclosure statement and the exclusivity
extension was scheduled for Sept. 20.
About Caribe Media
Caribe Media Inc. owns publication rights for certain print and
Internet directories in the Dominican Republic and Puerto Rico.
Caribe Media owns 60% of Axesa Servicios de Informacion, S. en C.,
a Yellow Pages publisher in Puerto Rico and the official publisher
of all telephone directories for Puerto Rico Telephone Company,
Inc., the largest local exchange carrier in Puerto Rico, and
US$100% of Caribe Servicios de Informacion Dominicana, S.A., the
sole directory publisher in the Dominican Republic with the
exclusive right to publish under the brand of Codetel, the largest
telecom operator in the Dominican Republic. Caribe Media is
wholly owned by CII Acquisition Holding Inc. They are affiliates
of Local Insight Media Holdings, Inc.
Caribe Media and CII filed for Chapter 11 bankruptcy protection
(Bankr. D. Del. Case Nos. 11-11387 and 11-11388) on May 3, 2011.
Caribe Media is being represented by lawyers at Kirkland & Ellis
LLP and Pachulski Stang Ziehl & Jones LLP as bankruptcy counsel.
Lawyers at Curtis, Mallet-Prevost, Colt & Mosle LLP will serve as
conflicts counsel.
Local Insight Media is also a debtor in its own Chapter 11 pending
in Delaware. Local Insight Media filed in 2010. It is also being
represented by lawyers at Kirkland and Pachulski.
CARITAS HEALTH: Ends July 2011 With $18.8 Million Cash
------------------------------------------------------
Caritas Health Care, Inc., filed with the U.S. Bankruptcy Court
for the Eastern District of New York on Aug. 22, 2011, its
monthly operating report for July 2011.
The Company reported a net loss of $118,184 on $2,280 of revenue
for the month.
At July 31, 2011, the Debtor had $32.3 million in total assets,
$161.1 million in total liabilities, and a stockholders' deficit
of $128.8 million. The Company ended the period with $18,842,563
in unrestricted cash and equivalents, from beginning cash of
$18,917,683. Payments to professionals totaled $100,481 for the
month.
A copy of the monthly operating report is available for free at:
http://bankrupt.com/misc/caritashealth.july2011mor.pdf
About Caritas Health Care
Caritas Health Care Inc. was the owner of Mary Immaculate Hospital
and St. John's Queens Hospital. Caritas, created by Wyckoff
Heights Medical Center, purchased the two hospitals in a
bankruptcy sale in early 2007 from St. Vincent Catholic Medical
Centers of New York. St. John's has 227 generate acute-care beds
while Mary Immaculate has 189.
Caritas Health Care, Inc., and eight of its affiliates sought
chapter 11 protection (Bankr. E.D.N.Y., Case No. 09-40901) on
Feb. 6, 2009. Jeffrey W. Levitan, Esq., and Adam T. Berkowitz,
Esq., at Proskauer Rose, LLP, represent the Debtors. Martin G.
Bunin, Esq., and Craig E. Freeman, Esq., at Alston & Bird LLP,
represent the official committee of unsecured creditors.
Caritas sold the hospitals to Joshua Guttman in November 2009 for
$17.7 million.
FIRSTFED FINANCIAL: Posts $67,214 Net Loss in August 2011
---------------------------------------------------------
FirstFed Financial Corp. filed on Sept. 15, 2011, its monthly
operating report for August 2011 with the U.S. Bankruptcy Court
for the Central District of California, Los Angeles Division.
The Company reported a net loss of $67,214 on $0 revenue for
the period.
At Aug. 31, 2011, the Company had $3.27 million in total assets,
$159.62 million in total liabilities, and a stockholders' deficit
of $156.35 million. The Company ended the period with
$3.13 million in unrestricted cash. Bankruptcy counsel Landau,
Gottfried & Berger, LLP, received a total of $19,401.69 in Legal-
Bankruptcy Counsel fees for the month. Manatt, Phelps & Phillips,
LLP, received a total of $17,640.40 in Legal-Special Counsel fees
for the month.
A complete text of the operating report is available for free at:
http://is.gd/dIV9d5
About FirstFed Financial
Irvine, Calif.-based FirstFed Financial Corp. is the bank
holding company for First Federal Bank of California and its
subsidiaries. The Bank was closed by federal regulators on
Dec. 18, 2009.
FirstFed Financial Corp. filed for Chapter 11 protection (Bankr.
C.D. Calif. Case No. 10-10150) on Jan. 6, 2010. Jon L. Dalberg,
Esq., at Landau Gottfried & Berger LLP, represents the Debtor in
its restructuring effort. Garden City Group is the claims and
notice agent. The Debtor disclosed assets at $1 million and
$10 million, and debts at $100 million and $500 million.
NEW STREAM: NS Insurance Ends July 2011 With $122.09 Million Cash
-----------------------------------------------------------------
New Stream Insurance, LLC, reported a net loss of $318,580 on $nil
revenue for the month ended July 31, 2011.
At July 31, 20111, the Company had $162.9 million in total assets,
$88.4 million in total liabilities, all current, and total equity
of $74.5 million.
The Company ended the period with $122,088,567 cash.
A copy of the monthly operating report is available for free at:
http://is.gd/iFFFVM
About New Stream
New Stream is an inter-related group of companies that
collectively comprise an investment fund, headquartered in
Ridgefield, Connecticut. Founded in 2002, New Stream focuses on
providing non-traded private debt to the insurance, real estate
and commercial finance sectors.
On March 7, 2011, when New Stream was still soliciting votes on
the Chapter 11 plan, certain investors filed a petition (Bankr. D.
Del. Lead Case No. 11-10690) seeking to force three New Stream
funds -- New Stream Secured Capital Fund (U.S.) LLC, New Stream
Secured Capital Fund P1 (Cayman), Ltd. and New Stream Secured
Capital Fund K1 (Cayman), Ltd. -- to Chapter 11 bankruptcy.
The petitioning investors in the New Stream investment enterprise
say they are collectively owed over $90 million, representing
roughly 28% of the approximately $320 million owed to all U.S. and
Cayman investors. The Petitioners are represented by (i) Joseph
H. Huston, Jr., Esq., Maria Aprile Sawczuk, Esq., Meghan A.
Cashman, Esq., at Stevens & Lee, P.C., in Wilmington, Delaware,
and Beth Stern Fleming, Esq., at Stevens & Lee, P.C., in
Philadelphia, Pennsylvania, and Nicholas F. Kajon, Esq., David M.
Green, Esq., and Constantine Pourakis, Esq., at Stevens & Lee,
P.C., in New York, (ii) Edward Toptani, Esq., at Toptani Law
Offices, in New York, and (iii) John M Bradham, Esq., and David
Hartheimer, Esq., at Mazzeo Song & Bradham LLP, in New York.
New Stream Secured Capital, Inc., and three affiliates (New Stream
Insurance, LLC, New Stream Capital, LLC, and New Stream Secured
Capital, L.P.) filed Chapter 11 petitions (Bankr. D. Del. Lead
Case No. 11-10753) on March 13, 2011, with a proposed prepackaged
Chapter 11 plan.
Kurt F. Gwynne, Esq., J. Cory Falgowski, Esq., Michael J.
Venditto, Esq., and Scott M Esterbrook, Esq., at Reed Smith LLP,
serve as the Debtors' bankruptcy counsel. Kurtzman Carson
Consultants LLC is the Debtors' claims and notice agent.
NSSC, Inc., estimated its assets and debts at up to $50,000. NSC
estimated its assets at $100,000 to $500,000 and debts at $50,000
to $100,000. NSI estimated its assets at $100 million to
$500 million and debts at $50 million to $100 million. NSSC, LP,
estimated its assets and debts at $500 million to $1 billion.
NSI's insurance portfolio is being sold for $184.35 million as
part of the Chapter 11 plan. The aggregate indebtedness secured
by the investment portfolio of NSSC is $688,412,974. NSI owes
$81,573,376 to certain account classes under a Bermuda fund.
The Official Committee of Unsecured Creditors proposes to hire
Kurtzman Carson Consultants LLC as its communications agent;
Houlihan Lokey Howard & Zukin Capital, Inc., as its financial
advisor and investment banker; and Zolfo Cooper, LLC, as its
forensic accountants and litigation support consultants.
New Stream completed a sale of its assets on June 3. New Stream
sold the portfolio of life-insurance policies to an affiliate of
McKinsey & Co. for $127.5 million. There were no competing bids
at auction.
NEW STREAM: NS Secured Ends July 2011 With $7.0 Million Cash
------------------------------------------------------------
New Stream Secured Capital, L.P., reported a net loss of
$2.0 million on total income of ($479,483) for the month ended
July 31, 2011.
At July 31, 2011, the Company had $222.5 million in total assets
$707.3 million in total liabilities, and an equity deficit of
$484.8 million.
The Company ended the period with $7,075,483 cash.
A copy of the monthly operating report is available for free at:
http://is.gd/iX9M0z
About New Stream
New Stream is an inter-related group of companies that
collectively comprise an investment fund, headquartered in
Ridgefield, Connecticut. Founded in 2002, New Stream focuses on
providing non-traded private debt to the insurance, real estate
and commercial finance sectors.
On March 7, 2011, when New Stream was still soliciting votes on
the Chapter 11 plan, certain investors filed a petition (Bankr. D.
Del. Lead Case No. 11-10690) seeking to force three New Stream
funds -- New Stream Secured Capital Fund (U.S.) LLC, New Stream
Secured Capital Fund P1 (Cayman), Ltd. and New Stream Secured
Capital Fund K1 (Cayman), Ltd. -- to Chapter 11 bankruptcy.
The petitioning investors in the New Stream investment enterprise
say they are collectively owed over $90 million, representing
roughly 28% of the approximately $320 million owed to all U.S. and
Cayman investors. The Petitioners are represented by (i) Joseph
H. Huston, Jr., Esq., Maria Aprile Sawczuk, Esq., Meghan A.
Cashman, Esq., at Stevens & Lee, P.C., in Wilmington, Delaware,
and Beth Stern Fleming, Esq., at Stevens & Lee, P.C., in
Philadelphia, Pennsylvania, and Nicholas F. Kajon, Esq., David M.
Green, Esq., and Constantine Pourakis, Esq., at Stevens & Lee,
P.C., in New York, (ii) Edward Toptani, Esq., at Toptani Law
Offices, in New York, and (iii) John M Bradham, Esq., and David
Hartheimer, Esq., at Mazzeo Song & Bradham LLP, in New York.
New Stream Secured Capital, Inc., and three affiliates (New Stream
Insurance, LLC, New Stream Capital, LLC, and New Stream Secured
Capital, L.P.) filed Chapter 11 petitions (Bankr. D. Del. Lead
Case No. 11-10753) on March 13, 2011, with a proposed prepackaged
Chapter 11 plan.
Kurt F. Gwynne, Esq., J. Cory Falgowski, Esq., Michael J.
Venditto, Esq., and Scott M Esterbrook, Esq., at Reed Smith LLP,
serve as the Debtors' bankruptcy counsel. Kurtzman Carson
Consultants LLC is the Debtors' claims and notice agent.
NSSC, Inc., estimated its assets and debts at up to $50,000. NSC
estimated its assets at $100,000 to $500,000 and debts at $50,000
to $100,000. NSI estimated its assets at $100 million to
$500 million and debts at $50 million to $100 million. NSSC, LP,
estimated its assets and debts at $500 million to $1 billion.
NSI's insurance portfolio is being sold for $184.35 million as
part of the Chapter 11 plan. The aggregate indebtedness secured
by the investment portfolio of NSSC is $688,412,974. NSI owes
$81,573,376 to certain account classes under a Bermuda fund.
The Official Committee of Unsecured Creditors proposes to hire
Kurtzman Carson Consultants LLC as its communications agent;
Houlihan Lokey Howard & Zukin Capital, Inc., as its financial
advisor and investment banker; and Zolfo Cooper, LLC, as its
forensic accountants and litigation support consultants.
New Stream completed a sale of its assets on June 3. New Stream
sold the portfolio of life-insurance policies to an affiliate of
McKinsey & Co. for $127.5 million. There were no competing bids
at auction.
NEW STREAM: NS Capital Ends July 2011 With $752,055 Cash
--------------------------------------------------------
New Stream Capital, LLC, reported net income of $117,607 on total
income of $117,607 revenue for the month ended July 31, 2011.
At July 31, 2011, the Company had $2.1 million in total assets
$1.6 million in total liabilities, and total equity of $492,610.
The Company ended the period with $752,055 cash.
A copy of the monthly operating report is available for free at:
http://is.gd/wJRRQr
About New Stream
New Stream is an inter-related group of companies that
collectively comprise an investment fund, headquartered in
Ridgefield, Connecticut. Founded in 2002, New Stream focuses on
providing non-traded private debt to the insurance, real estate
and commercial finance sectors.
On March 7, 2011, when New Stream was still soliciting votes on
the Chapter 11 plan, certain investors filed a petition (Bankr. D.
Del. Lead Case No. 11-10690) seeking to force three New Stream
funds -- New Stream Secured Capital Fund (U.S.) LLC, New Stream
Secured Capital Fund P1 (Cayman), Ltd. and New Stream Secured
Capital Fund K1 (Cayman), Ltd. -- to Chapter 11 bankruptcy.
The petitioning investors in the New Stream investment enterprise
say they are collectively owed over $90 million, representing
roughly 28% of the approximately $320 million owed to all U.S. and
Cayman investors. The Petitioners are represented by (i) Joseph
H. Huston, Jr., Esq., Maria Aprile Sawczuk, Esq., Meghan A.
Cashman, Esq., at Stevens & Lee, P.C., in Wilmington, Delaware,
and Beth Stern Fleming, Esq., at Stevens & Lee, P.C., in
Philadelphia, Pennsylvania, and Nicholas F. Kajon, Esq., David M.
Green, Esq., and Constantine Pourakis, Esq., at Stevens & Lee,
P.C., in New York, (ii) Edward Toptani, Esq., at Toptani Law
Offices, in New York, and (iii) John M Bradham, Esq., and David
Hartheimer, Esq., at Mazzeo Song & Bradham LLP, in New York.
New Stream Secured Capital, Inc., and three affiliates (New Stream
Insurance, LLC, New Stream Capital, LLC, and New Stream Secured
Capital, L.P.) filed Chapter 11 petitions (Bankr. D. Del. Lead
Case No. 11-10753) on March 13, 2011, with a proposed prepackaged
Chapter 11 plan.
Kurt F. Gwynne, Esq., J. Cory Falgowski, Esq., Michael J.
Venditto, Esq., and Scott M Esterbrook, Esq., at Reed Smith LLP,
serve as the Debtors' bankruptcy counsel. Kurtzman Carson
Consultants LLC is the Debtors' claims and notice agent.
NSSC, Inc., estimated its assets and debts at up to $50,000. NSC
estimated its assets at $100,000 to $500,000 and debts at $50,000
to $100,000. NSI estimated its assets at $100 million to
$500 million and debts at $50 million to $100 million. NSSC, LP,
estimated its assets and debts at $500 million to $1 billion.
NSI's insurance portfolio is being sold for $184.35 million as
part of the Chapter 11 plan. The aggregate indebtedness secured
by the investment portfolio of NSSC is $688,412,974. NSI owes
$81,573,376 to certain account classes under a Bermuda fund.
The Official Committee of Unsecured Creditors proposes to hire
Kurtzman Carson Consultants LLC as its communications agent;
Houlihan Lokey Howard & Zukin Capital, Inc., as its financial
advisor and investment banker; and Zolfo Cooper, LLC, as its
forensic accountants and litigation support consultants.
New Stream completed a sale of its assets on June 3. New Stream
sold the portfolio of life-insurance policies to an affiliate of
McKinsey & Co. for $127.5 million. There were no competing bids
at auction.
PERKINS & MARIE: Callender's Stores Both Report July Losses
-----------------------------------------------------------
Bill Rochelle, the bankruptcy columnist for Bloomberg News,
reports that Perkins & Marie Callender's Inc. filed an operating
report showing a $3 million net loss for the Perkins operation for
four weeks ended Aug. 7. Revenue in the period was $20.9 million.
For the Marie Callender's stores, revenue of $5.4 million resulted
in a $683,000 net loss.
About Perkins & Marie Callender's
Based in Memphis, Tennessee, Perkins & Marie Callender's Inc., fka
The Restaurant Company, is the owner or franchiser of nearly 600
family-dining restaurants, the Perkins Restaurants and Marie
Callender's. Perkins & Marie and several affiliates filed for
Chapter 11 bankruptcy (Bankr. D. Del. Lead Case No. 11-11795) on
June 13, 2011. Perkins & Marie disclosed $290 million in assets
and $441 million in debt as of the Chapter 11 filing.
Judge Kevin Gross presides over the case. Robert S. Brady, Esq.,
and Robert F. Poppiti, Jr., Esq., at Young, Conaway, Stargatt &
Taylor, LLP; and Mitchel H. Perkiel, Esq., Hollace T. Cohen, Esq.,
and Brett D. Goodman, Esq., at Troutman Sanders, LLP, serve as
bankruptcy counsel. The Debtors' financial advisors are Whitby,
Santarlasci & Company. Their claims agent is Omni Management
Group, LLC. Deloitte Tax LLPserves as tax services provider.
DIP lender Wells Fargo is represented by lawyers at Paul,
Hastings, Janofsky & Walker LLP.
Roberta A. Deangelis, U.S. Trustee for Region 3, appointed seven
unsecured creditors to serve on the Official Committee of
Unsecured Creditors in the Debtors' cases. Ropes & Gray LLP
represents the Committee.
PROFESSIONAL VETERINARY: Ends August 2011 With $8.9 Million Cash
----------------------------------------------------------------
On Sept. 14, 2011, Professional Veterinary Products, Ltd., and
its subsidiaries, ProConn, LLC, and Exact Logistics, LLC, filed
their unaudited monthly operating report for August 2011 with
the U.S. Bankruptcy Court for the District of Nebraska.
The Debtors submitted a summary of cash receipts and disbursements
for the period, disclosing:
Beginning Balance $11,518,472
Total Receipts $26,594
Disbursements $2,620,875
Net Cash Flow ($2,594,281)
Ending Cash Balance $8,924,191
Disbursements for professional and trustee fees totaled
$222,812.73.
A complete text of the operating report is available for free at:
http://is.gd/R2tK3g
About Professional Veterinary Products
Professional Veterinary Products Ltd. -- http://www.pvpl.com/--
operates a veterinary supply company owned and managed by
veterinarians.
Professional Veterinary sought Chapter 11 protection from
creditors on August 20, 2010, in Omaha, Nebraska (Bankr. D. Neb.
Case No. 10-82436). Affiliates ProConn and Exact Logistics also
filed for Chapter 11.
The Company reported $89.79 million in total assets,
$78.23 million in total liabilities, and $11.56 million in
stockholders' equity at April 30, 2010.
The Company hired McGrath North Mullin & Kratz PC LLC, as
bankruptcy counsel and Alliance Management as financial and
restructuring advisors.
SEAHAWK DRILLING: Ends July 2011 With $11.3 Million Cash
--------------------------------------------------------
Seahawk Drilling, Inc., et al., reported loss from continuing
operations of $21.3 million on $0 revenues for the month ended
July 31, 2011.
At July 31, 2011, the Debtor had $122.7 million in total assets,
$430.1 million in total liabilities, and a stockholders' deficit
of $307.4 million.
The Debtor ended the period with $11.3 million cash, compared
with $14.1 million cash at the beginning of the period. Payments
to restructuring professionals totaled $1.8 million for the month.
Payments to insiders totaled $159,840.
A complete text of the operating report is available for free at:
http://is.gd/RNf822
About Seahawk Drilling
Houston, Texas-based Seahawk Drilling, Inc., engages in a jackup
rig business in the United States, Gulf of Mexico, and offshore
Mexico. It offers rigs and drilling crews on a day rate
contractual basis.
The Company and several affiliates filed for Chapter 11 bankruptcy
protection (Bankr. S.D. Tex. Lead Case No. 11-20089) on Feb. 11,
2011. Berry D. Spears, Esq., and Jonathan C. Bolton, Esq., at
Fullbright & Jaworkski L.L.P., in Houston, serve as the Debtors'
bankruptcy counsel. Shelby A. Jordan, Esq., and Nathaniel Peter
Holzer, Esq. at Jordan, Hyden, Womble, Culbreth & Holzer, P.C., in
Corpus Christi, Texas, serve as the Debtors' co-counsel. Alvarez
and Marsal North America, LLC, is the Debtors' restructuring
advisor. Simmons & Company International is the Debtors'
transaction advisor. Kurtzman Carson Consultants LLC is the
Debtors' claims agent. Judy A. Robbins, U.S. Trustee for
Region 7, appointed three creditors to serve on an Official
Committee of Unsecured Creditors of Seahawk Drilling Inc. and its
debtor-affiliates. Heller, Draper, Hayden, Patrick & Horn,
L.L.C., represents the creditors committee.
In its amended schedules, Seahawk Drilling disclosed $208,190,199
in assets and $438,458,460 in liabilities as of the petition date.
Seahawk filed for Chapter 11 protection to complete the sale of
all assets to Hercules Offshore, Inc. As reported by the Troubled
Company Reporter on April 11, 2011, the Bankruptcy Court approved
an Asset Purchase Agreement between Hercules Offshore and its
wholly owned subsidiary, SD Drilling LLC, and Seahawk Drilling,
pursuant to which Seahawk agreed to sell to Hercules, and Hercules
agreed to acquire from Seahawk, all 20 of Sellers' jackup rigs and
related assets, accounts receivable and cash and certain
liabilities of Sellers in a transaction pursuant to Section 363 of
the U.S. Bankruptcy Code. The deal was valued at about $176
million when it received court approval.
Based on previous TCR reports, the purchase price for the
acquisition will be funded by the issuance of roughly 22.3 million
shares of Hercules Offshore common stock and cash consideration of
$25 million, which will be used primarily to pay off Seahawk's
Debtor-in-Possession loan. The number of shares of Hercules
Offshore common stock to be issued will be proportionally reduced
at closing, based on a fixed price of $3.36 per share, if the
outstanding amount of the DIP loan exceeds $25 million, with the
total cash consideration not to exceed $45 million.
The deal closed on April 27, 2011.
SHARPER IMAGE: Posts $110,682 Net Loss in August 2011
-----------------------------------------------------
TSIC, Inc., formerly known as The Sharper Image Corporation, filed
with the U.S. Bankruptcy Court for the District of Delaware on
Sept. 19, 2011, its monthly operating report for August 2011.
The Debtor reported a net loss of $110,682 on $0 revenue for the
month. The Debtor incurred a total of $761 in professional
fees for the month.
At June 30, 2011, the Company's balance sheet showed $5.8 million
in total assets, $95.2 million in total liabilities, and a
stockholders' deficit of $89.4 million.
The Debtor ended the month with $2,289,661 cash. For the
month, the Debtor paid a total of $14,063 in professional fees.
A full-text copy of TSIC's August 2011 monthly operating report
is available for free at http://is.gd/Jz8Ll4
About Sharper Image
Headquartered in San Francisco, California, Sharper Image Corp. --
http://www.sharperimage.com/-- was a multi-channel specialty
retailer. It operated in three principal selling channels: the
Sharper Image specialty stores throughout the U.S., the Sharper
Image catalog and the Internet. The Company has operations in
Australia, Brazil and Mexico. In addition, through its Brand
Licensing Division, it was also licensing the Sharper Image brand
to select third parties to allow them to sell Sharper Image
branded products in other channels of distribution.
The Company filed for Chapter 11 protection on Feb. 19, 2008
(Bankr. D. Del. Case No. 08-10322). Judge Kevin Gross presides
over the case. Harvey R. Miller, Esq., Lori R. Fife, Esq., and
Christopher J. Marcus, Esq., at Weil, Gotshal & Manges, LLP,
serve as the Company's lead counsel. Steven K. Kortanek, Esq.,
and John H. Strock, Esq., at Womble, Carlyle, Sandridge & Rice,
P.L.L.C., serve as the Company's local Delaware counsel.
An official committee of unsecured creditors was appointed in the
case. Cooley Godward Kronish LLP is the Committee's lead
bankruptcy counsel. Whiteford Taylor Preston LLC is the
Committee's Delaware counsel.
When the Debtor filed for bankruptcy, it disclosed total assets of
$251,500,000 and total debts of $199,000,000. As of June 30,
2008, the Debtor disclosed $52,962,174 in total assets and
$39,302,455 in total debts.
Sharper Image changed its name to "TSIC, Inc." following the going
out of business sales of its assets by a group consisting of
Gordon Brothers Retail Partners, LLC, GB Brands, LLC, Hilco
Merchant Resources, LLC, and Hilco Consumer Capital, LLC.
TOUSA INC: Ends August 2011 With $500.9 Million Cash
----------------------------------------------------
TOUSA, Inc., et al., reported a net loss of $4.44 million on
$nil revenue for the for the month of August 2011.
At Aug. 31, 2011, TOUSA, Inc., and subsidiaries had
$540.24 million in total assets, $2.090 billion in total
liabilities, and a stockholders' deficit of $1.550 billion.
The Debtors ended the period with cash in bank of $503,009,185.
The Debtors paid a total of $718,638 in professional fees during
the month.
A copy of the monthly operating report is available for free at:
http://is.gd/SAVjNU
About TOUSA Inc.
Headquartered in Hollywood, Florida, TOUSA, Inc. (Pink Sheets:
TOUS) -- http://www.tousa.com/-- fka Technical Olympic U.S.A.
Inc., dba Technical U.S.A., Inc., Engle Homes, Newmark Homes L.P.,
TOUSA Homes Inc. and Newmark Homes Corp. is a leading homebuilder
in the United States, operating in various metropolitan markets in
10 states located in four major geographic regions: Florida, the
Mid-Atlantic, Texas, and the West.
The Debtor and its debtor-affiliates filed for separate
Chapter 11 protection on Jan. 29, 2008 (Bankr. S.D. Fla. Case
No. 08-10928). The Debtors have selected M. Natasha Labovitz,
Esq., Brian S. Lennon, Esq., Richard M. Cieri, Esq., and Paul
M. Basta, Esq., at Kirkland & Ellis LLP; and Paul Steven
Singerman, Esq., at Berger Singerman, to represent them in
their restructuring efforts. Lazard Freres & Co. LLC is the
Debtors' investment banker. Ernst & Young LLP is the Debtors'
independent auditor and tax services provider. Kurtzman Cars
LLC acts as the Debtors' Notice, Claims & Balloting Agent.
TOUSA's direct subsidiary, Beacon Hill at Mountain's Edge LLC dba
Eagle Homes, filed for Chapter 11 Protection on July 30, 2008
(Bankr. S.D. Fla. Case No. 08-20746). It estimated assets and
debts of $1 million to $10 million in its Chapter 11 petition.
The official committee of unsecured creditors has filed a proposed
chapter 11 liquidating plan for Tousa. However, the committee
said that it no longer intends to pursue approval of its
liquidation plan because of the pending appeal of its fraudulent
transfer case in the U.S. Court of Appeals for the Eleventh
Circuit. A district court in February 2011 held that the
bankruptcy judge was wrong in ruling that lenders who were paid
off received fraudulent transfers when Tousa gave liens on
subsidiaries' properties to bail out and refinance a joint
venture. Daniel H. Golden, Esq., and Philip C. Dublin, Esq., at
Akin Gump Strauss Hauer & Feld LLP, in New York, represent the
creditors committee.
*********
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. Jhonas Dampog, Marites Claro, Joy Agravante, Rousel Elaine
Tumanda, Howard C. Tolentino, Joseph Medel C. Martirez, Denise
Marie Varquez, Philline Reluya, 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 2011. All rights reserved. ISSN: 1520-9474.
This material is copyrighted and any commercial use, resale or
publication in any form (including e-mail forwarding, electronic
re-mailing and photocopying) is strictly prohibited without prior
written permission of the publishers. Information contained
herein is obtained from sources believed to be reliable, but is
not guaranteed.
The TCR subscription rate is $775 for 6 months delivered via e-
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are $25 each. For subscription information, contact Christopher
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