Premo Autobody, Inc. et al v. Parker et al

MOTION for Partial Summary Judgment as to Ownership of Paint Booth

W.D. Va.July 5, 2017

IN THE UNITED STATES DISTRICT COURT FOR THE WESTERN DISTRICT OF VIRGINIA Charlottesville Division PREMO AUTOBODY, INC., ) GEORGE A MAYO, JR., AND ) Case No. 3:17-cv-0001-GEC MARIE L. MAYO, ) (Formerly Civil Action No. CL15000379-01) ) Plaintiffs, ) ) v. ) ) C. WAVERLY PARKER, ) MICHAEL PARKER ) JAMES E. BROWN, III, and ) UNITED STATES OF AMERICA, ) ) Defendants. ) ______________________________) MOTION --- PER THE COURT’S ORDER OF JUNE 21, 2017 --- FOR PARTIAL SUMMARY JUDGMENT THAT THE PAINT BOOTH MENTIONED IN THE PLAINTIFFS’ COMPLAINT WAS WHEN SEIZED OWNED BY THE DEFENDANT PREMO AUTOBODY, INC. AND IS PRESENTLY OWNED BY THE DEFENDANTS PARKER Come now the defendants C. Waverly Parker and Michael A-S. Parker [“the Parkers”], and, per the Court’s order of June 21, 2017 and for reasons more particularly stated in the Brief in support of this motion, move the Court for partial summary judgment, against the United States and all other parties to its cross-claim, that the paint booth mentioned in the plaintiffs’ complaint was when seized owned by the defendant Premo Autobody, Inc. [“Premo”] and is presently owned by the defendants Parker. Case 3:17-cv-00001-GEC Document 60 Filed 07/05/17 Page 1 of 6 Pageid#: 563 2 MATERIAL FACTS AS TO WHICH THERE IS NO GENUINE DISPUTE1 1. On December 18, 2015 the Circuit Court of the City of Charlottesville awarded the Parkers a judgment for breach of contract jointly and severally against Premo Autobody, Inc. [hereinafter "Premo"], Mayo Automotive, Inc. and Anthony Mayo, in the sum of $49,301.00 plus interest and costs. [SJ1, Exs. A and B]. Efforts by the Parkers to collect their judgment commenced in February of 2016. [SJ1, Ex. A.] Various property in the possession of Premo and being used by Premo on its business premises, including the paint booth in issue, was levied under writs of fieri facias issued on February 11, 2016 and May 20, 2016 [SJ1, Exs. A and C]. 2. The first seizure of any of Premo’s property commenced on May 24, 2016. Prior to such seizure, the Parkers had expressly instructed the Sheriff not to seize the paint booth, in case it might be real estate [Ex X]. The seizure of other of Premo's property that was to be conducted that day was interrupted by notice of Premo’s having such day filed a chapter 11 small business corporation bankruptcy proceeding [Ex. X]. That filing gave rise to an automatic stay and the Sheriff consequently that day stopped seizing, midseizure [Ex. X]. 3. On June 20, 2016 Premo filed its bankruptcy schedules and statement of financial affairs, submitted by Premo’s president, the plaintiff George A. Mayo, Jr., under penalty of perjury [Ex. X]. Part 8 of Schedule A/B listed the paint booth as personal property OWNED BY 1 The vast majority of these facts were vouched in the Parker’s brief in support of their earlier motion for summary judgment as to Counts I and II of the complaint. Given § I.2 of the Administrative Procedures for Filing, Signing and Verifying Pleadings and Papers by Electronic Means, the exhibits to that earlier motion are not reiterated here. Where exhibits to the earlier motion are cited herein, the citation shall be in the form “SJ1, Ex. __]. There are but three exhibits that are new to this motion. The first, referred to simply as “Ex. X”, is an affidavit of the defendant C. Waverly Parker. The second and third, “Ex. Y” and “Ex. Z” are comprised of portions Premo’s schedules in the two bankruptcy proceedings it instituted in the course of collection activities on the Parkers’ underlying judgment. Case 3:17-cv-00001-GEC Document 60 Filed 07/05/17 Page 2 of 6 Pageid#: 564 3 PREMO having a value of $85,000, which was the bulk of the $98,974 aggregate value for assets in part 8 of the schedule [Ex. Y]. On July 22, 2016 Premo’s petition for bankruptcy was dismissed for, among other reasons, utter noncompliance with the Bankruptcy Court’s debtor- in- possession order [Ex. X]. 4. Upon the aforesaid dismissal and the consequent end of the stay previously in effect, the Sheriff informed George and Premo that collection activity would shortly commence again [Ex X]. Preparatory thereto, only because of the information which Premo and George had given in Part 8 of Schedule A/B of Premo’s schedules in the bankruptcy proceeding – that Premo owned the paint booth as personal property -- the Parkers then changed their instructions and directed the Sheriff to seize the paint booth [Ex. X]. However, on August 16, 2016, just before the proposed seizure, Premo again filed for Chapter 11 bankruptcy and the Parkers and the Sheriff, thinking that this created a new stay, stopped all collection activity before anything was seized [Ex. X]. 5. The Parkers soon realized, as the United States Bankruptcy Court for the Western District of Virginia would subsequently hold, that 11 USC 362 (n)(1) had prevented an automatic stay from arising in Premo’s second bankruptcy proceeding. A further fieri facias was issued on August 30, 2016 [see also SJ1, Ex. C]. On that very same day Premo filed its schedules in its second bankruptcy, wherein Premo was represented by new counsel, Timothy McGary, Esq., who is also Premo's counsel in the instant case, wherein Premo was represented by new counsel, its counsel in the instant case [Ex. Z]. The schedules were once again submitted by George, as President of Premo, under penalty of perjury [Ex. Z]. On these schedules the aggregate value of part 8 of schedule A/B, described as “Shop Equipment”, is said to be Case 3:17-cv-00001-GEC Document 60 Filed 07/05/17 Page 3 of 6 Pageid#: 565 4 $100,000 for Premo’s interest in that shop equipment [Ex. Z], slightly higher than it was about two months prior [Ex. Z]. This time, though, the paint booth was not specifically listed. Indeed, no asset is specifically listed under this part, despite the $100,000 value and despite bankruptcy schedule instructions requiring specificity [Ex. Z]. 6. On October 3, 2016 and before seizure activity (other than preparation) had resumed, Premo obtained an ex parte temporary restraining order from such United States Bankruptcy Court preventing such resumption [Ex X]. The motion filed by Premo sought both such restraining order and a preliminary injunction, and specifically treated of the paint booth as property of the debtor Premo. Copy of the entirety of such motion --- for restraining order and temporary injunction --- comprises Exhibit 1 to the Parker’s answer to the original complaint removed to this Court. 7. On October 13, 2016 denied Premo's motion for restraining order. On November 17, 2016 the bankruptcy Court ruled that it would, and subsequently it did, deny a related motion by Premo to Value Collateral of the Parkers. The paint booth was seized by the Sheriff and sold on January 4, 2017 [SJ1, Exs. A, F, J]. Notice of this sale was served: on George Mayo on December 21, 2016 [SJ1, Ex. J]; on Marie L. Mayo on December 21, 2016 [SJ1, Ex J]; and on December 27, 2016 on Timothy J. McGary, Esq. [SJ1, Exs. A, J], who had since at least December 14, 2016 been an attorney for Premo, George and the other plaintiff Marie L. Mayo [Marie] [SJ1, Ex I]. Despite such notice, none of such plaintiffs gave any suspending bond or otherwise Case 3:17-cv-00001-GEC Document 60 Filed 07/05/17 Page 4 of 6 Pageid#: 566 5 availed themselves of the procedure set forth in Virginia Code §§ 8.01-365 and -370 in respect of the paint booth or any other property sold.2 [Ex. A.] s/ C. Waverly Parker, Esq. Virginia Bar Number: 07749 Attorney for defendant C. Waverly Parker Attorney at Law 281 Madison Road P.O. Box 559 Stanardsville, Virginia 22973 Phone: 434-985-2252 Facsimile: 434-985-2244 email: cwpattorney@parkeresq.com s/ William W. Tanner, Esq. Virginia Bar Number 47464 Attorney for defendants C. Waverly Parker and Michael A-S. Parker Payne and Hodous, LLP Attorneys at Law 414 E. Jefferson Street Charlottesville, Virginia 22902 Phone: 434-977-4507 Facsimile: 434-977-6574 email: wwtanner@paynehodous.com CERTIFICATE We hereby certify that on July 5, 2017, we did electronically file the foregoing motion with the Clerk of the Court using the CM/ECF system, which will send notification of such filing to the following: Timothy J. McGary, Esq. and Kieran O. Carter, Esq. 2 George and Marie did, on or about December 14, 2016, file in the Circuit Court of the City of Charlottesville a motion to intervene in the underlying breach of contract case in which the Parkers were awarded judgment, but they never, either before the sale of January 4, 2017 or thereafter, noticed such motion for hearing or gave, or had anyone give for them, the requisite suspending bond referred to in such Code sections. Case 3:17-cv-00001-GEC Document 60 Filed 07/05/17 Page 5 of 6 Pageid#: 567 6 s/ C. Waverly Parker, Esq. Virginia Bar Number: 07749 Attorney for defendant C. Waverly Parker Attorney at Law 281 Madison Road P.O. Box 559 Stanardsville, Virginia 22973 Phone: 434-985-2252 Facsimile: 434-985-2244 email: cwpattorney@parkeresq.com s/ William W. Tanner, Esq. Virginia Bar Number: Attorney for defendants C. Waverly Parker and Michael A-S. Parker Payne and Hodous, LLP Attorneys at Law 414 E. Jefferson Street Charlottesville, Virginia 22902 Phone: 434-977-4507 Facsimile: 434-977-6574 email: wwtanner@paynehodous.com Case 3:17-cv-00001-GEC Document 60 Filed 07/05/17 Page 6 of 6 Pageid#: 568 AFFIDAVIT OF C. WAVERLY PARKER This day in the COUNTY OF GREENE, COMMONWEALTH OF VIRGINIA, C. WAVERLY PARKER, ESQ., personally appeared before me, a notary pUblic of and for the aforesaid state, and deposed and said: 1. This affidavit is in supplementation of, and to be read together with, my previous affidavit comprising Exhibit A to the Brief of the plaintiffs C. waverly Parker and Michael A-S. Parker ["the Parkers"]' filed on March 17, 2017, in support of their Motion for Summary Judgment as to Counts I and II of the Complaint as Removed and Amended.! In particular, but without limitation, this affidavit incorporates so much of the prior affidavit as would demonstrate my competence about, and personal knowledge of, collection proceedings on the underlying judgment [see. ~ 1111 2, 4, 5 and 14 of such prior ·affidavit]. As a scheduled judgment creditor of Premo, I personally received and reviewed all the bankruptcy pleadings and schedules mentioned hereainafter. 2. Prior to the Sheriff's first seizure, on May 24, 2016, of Premo Autobody, Inc.'s ("Premo"] property, the Parkers had expressly instructed the Sheriff not to seize the paint booth, in case it might be real estate. The seizure of other property that day was interrupted by notice of Premo's having such day filed a chapter 11 small business corporation bankruptcy proceeding. That filing gave rise to an automatic stay and the Sheriff consequently that day stopped seizing, midseizure. 1 References herein to documents cited in the brief in support of such motion take the form "SJ1, Ex. _"]. Case 3:17-cv-00001-GEC Document 60-1 Filed 07/05/17 Page 1 of 4 Pageid#: 569 3. On June 20, 2016 Premo filed its bankruptcy schedules and statement of financial affairs, submitted by Premo's president, the plaintiff George A. Mayo, Jr., under penalty of perjury. Part 8 of Schedule A/B [exhibit Y to the brief in support of the Parkers' instant motion for partial summary judgment as to ownership of the paint booth], listed the paint booth as personal property OWNED BY PREMO having a value of $85,000, which was the bulk of the $98.974 aggregate value for assets in part 8 of the schedule. 4. On July 22, 2016 Premo's petition for bankruptcy was dismissed for, among other reasons, utter noncompliance with the Bankruptcy Court's debtor-in~possession order. 5. Upon the aforesaid dismissal and the consequent end of the stay previously in effect, the Sheriff at the Parkers' direction informed Premo that collection activity would shortly commence again. Preparatory thereto, and because of the information which Premo and George had given in Part 8 of Schedule A/B of Premo's schedules in the bankruptcy proceeding - that Premo owned the paint booth as personal property -- the Parkers then changed their previous instructions and directed the Sheriff to seize the paint booth. However, on August 16; 2016, just before the proposed seizure, Premo again filed for Chapter 11 bankruptcy. The Parkers and the Sheriff, then thinking that such filing created a new stay, stopped all collection activity before anything was seized. 6. The Parkers soon realized, as the United States Bankruptcy Court for the Western District of Virginia would subsequently hold, that 11 USC 362 (n)(l) had prevented an automatic stay from arising in Premo's second bankruptcy proceeding. A further fieri facias was issued on August 30, 2016 [see also SJ1, Ex. C). On that very same day Premo filed its schedules in its Case 3:17-cv-00001-GEC Document 60-1 Filed 07/05/17 Page 2 of 4 Pageid#: 570 second bankruptcy, wherein Premo was represented by new counsel, Timothy McGary, Esq., who is also Premo's counsel in the instant case. 7. The schedules in the second bankruptcy were once again submitted by George, as President of Premo, under penalty of perjury [Ex. Z to the Parkers' instant motion for partial summary judgment regarding ownership of the paint booth]. On these schedules the aggregate value of part 8 of schedule A/B, described as "Shop Equipment", is said to be $100,000 for Premo's interest in that shop equipment [Ibid.], slightly higher than it was about two months prior. This time, though, the paint booth was not speCifically listed. Indeed, no asset was specifically listed under this part, despite the $100,000 value and despite bankruptcy schedule instructions requiring specificity [Ibid.), 8, On October 3, 2016 and before seizure activity (other than preparation) had resumed, Premo filed a motion in the bankruptcy court seeking a restraining order and temporary injunction and that day obtained an ex parte temporary restraining order preventing such resumption. The motion filed by Premo treated of the paint booth as property of the debtor Premo, Copy of the entirety of such motion comprises Exhibit 1 to the Parker's answer to the original complaint removed to this Court. 9, On October 13, 2016 the bankruptcy Court denied Premo's motion for restraining order. On November 17, 2016 the Bankruptcy Court ruled that it would, and subsequently it did, deny a related motion by Premo's to Value Collateral of the Parkers. The paint booth was seized by the Sheriff on December 2, 2016 and sold on January 4,2017 [SJ1, Exs. A, F, J], Notice of this sale was served, as indicated in my prior affidavit: on George Mayo on December 21, 2016 (SH, Ex. J); on Marie l. Mayo on December 21, 2016 [SH, Ex J]; and on December 27, 2016 Case 3:17-cv-00001-GEC Document 60-1 Filed 07/05/17 Page 3 of 4 Pageid#: 571 on Timothy J. McGary, Esq. [SJ1, Exs. A, Jj, who had since at least December 14, 2016 been an attorney for Premo, George and the other plaintiff Marie l. Mayo [Sn, Ex 1]. Despite such notice, none of such plaintiffs gave any suspending bond or otherwise availed themselves of the procedure set forth in Virginia Code §§ 8.01-365 and -370 in respect of the paint booth or any other property sold. 2 10. The documents annexed as exhibits Y and Z to the Parkers' Brief in Support of its Motion for Partial Summary Judgment regarding ownership of the paint booth are authentic. Executed on COMMONWEALTH OF VIRGINIA COU NTY of GREENE, to wit: Subscribed, sworn and acknowledged before me on this the 5th day of July 2017 by C. Waverly Parker, Esq., whom I personally know or from whom I obtained satisfactory evidence of identity in the form of a state issued driver's license or identification card bearing a photographic image of the individual's face and Signature. My notarial registration number is J153,';\t'o My commission expires ()/.Q f30/1 f! NOTARY PUBLIC , George and Marie did, on or about December 14, 2016, file in the Circuit Court of the City of '. Charlottesville a motion to intervene in the underlying breach of contract case in which the Parkers were awarded judgment, but they never, either before the sale of January 4, 2017 or thereafter, noticed such motion for hearing or gave, or had anyone give for them, the requisite suspending bond referred to in such Code sections. , L Case 3:17-cv-00001-GEC Document 60-1 Filed 07/05/17 Page 4 of 4 Pageid#: 572 ~::::::J'" .... -,_•.. • United Stales Bankruptcy coun for 1I1e: WESTERN DISTRICT OF VIRGINIA Case number Wknown) 1"'6,,-6:::1"'0"'3"'0_______ o Check if this Is an amended filing Official Form 202 Declaration Under Penalty of Perjury for Non-Individual Debtors 12115 An Individual who Is authorized to act cn behalf of a non-lndlvldual debtor. such as a corporation or partnership, must sIgn and submit this form for the schedules of assets and liabilities. any other document that requires a declaration that Is nct included in the document, and any amendments of those documents. This form must state the individual's position or relationship to the debtor, the Identity of the document. and the date. Bankruptcy Rules 1008 and 9011. WARNING - Bankruptcy fraud is a serious crime. MakJng a false statement, concealing property. or obtaining money or property by fraud in connection with a benkruptcy case can result in fines up to $500,000 or Imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152,1341, 1519, and 3571. Declaration and Signature I am the president, another officer, or an authorized agent of the corporation; a member or an aU1horized agent of the partnership; or another lndividuaf serving as a represenlaUve of the debtor in this case, I have examined the information in the documents checked below and I have a reasonable belief that the information is true and correct • Schedule AlB: Assets-Real and Personal Property (Official Form 206A/8) • Schedule D: Crednors Who Have Claims Secured by Properly (Offioial Form 2060) • Schedule ElF: Creditors Who Have Unsecured Claims (Ol!lclal FOITll 206E/F) • Sohedule G: Executory Contracts and Unexpired Leases (Official Form 206G) • Sohedule H: Codeblors (Official Form 206H) • Summary of Assets and Liabilities for Non--.lndividuals (Official Form 206Sum) o Amended Schedule • Chapter 11 or Chapter 9 CBses: Ust ofCreditor.Who Have /he 20 Largest Unseoured Claims and Are Not Insiders (Official Farm 204) o Other document that requires a declaration t declare under penalty 01 pe~ury that the foregoing is true and correcl Executed on.~un. 2~, 2016 x 151..G.or96 Alex..Mayo Jrm~~___ ... ____ Signatum of individuc:ai'ls~lg:::n:;in:cg=-o:::n:-b:-e::;:h:=a'll o"f"dC::."'btC::o=-, --~ Geo~..Alex Mayo Jr Printed name President Position or relationsh!pto debtor Official Fonn 202 Declaration Under Penalty of Perjury for Non-lndivldual Oebtors Softwam Copyr:ght (Cj1996-2016 8es! Case,LLC. W\WJ,b6stc3ss,com Case 3:17-cv-00001-GEC Document 60-2 Filed 07/05/17 Page 1 of 24 Pageid#: 573 Document Page 2 of 24 FlU in this ~lformation to Identify the case. United States Bankruptcy Court for the: WESTERN DISTRICT OF VIRGINIA ~~~~~~------------ Ca.. number ("known) 16-61030 ~~~----------- o Check Ifthls is an amended filing Official Form 206Sum Summary of Assets and Liabilities for Non-Individuals 1.._ SH!llmary of Assets 12115 1, Schedule AlB: Assets·Realand Personal Property (Official Form 20SA/B) 1a, Real property: Copy line 88 from Schedule AIR"""""""" ",,,,,,,,.,,,.,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,.,,,,,,,.,,,,,,,,,,,,,"""""".""""""",,,,,,,,,,,, 1b, Tolal parson,1 proparly: Copy lina 91A from Schedule AlB"""""""",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,''''"'''''''',,,,'''''''''' 1c, Total of all proparty: Copy line 92 from Schedule AlB",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,",,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,,, • 0.00·---------- • 112,240.29·------'---- $ 112,240.29----_..............--- Iii. • .~~.m.~ary of LlablUtJes ------_..............----.. .. 2, Schedule D: Creditors Who Have Claims Secured by Property (Official Form 2060) Copy the total doUar amount listed in Column A, Amount ofclaim. from line 3 of Schedule D ................................... . $ 569,701.99--- 3, Schedule ElF: Creditors Who Have Unsecured ClaIms (Official Form 20SE/F) 3a. Total claim amounts of prIority unsecured claims: Copy the lotal claims from Part 1 from line Sa of Schedule ElF"""""""""""""".",,,,,.,,,,,,,,,,,,,,,,,,.,,,,,,,,,,,,,,,,,. 3b. Total amount of claims of nonpriorlty amount of unsecured claims; Copy the lolal of Ihe amount or claims from Part 2 rrom lin. 5b 01 Schedul. ElF ......... """."""",,., ... ,,"""",,..... S ____9,9_6_0._87_ +$ ____--'-54...:.,.:.-93-"0_.0-'-0 4, Tot.IU.bllltl.... " .. ,,,"',,.. ,, .... ,,"",,",,',,"''',,,,...... ,,... ,,',.,,.,, ... ,,'''''''''',.,....,.,""..,""""'''",'',.""...."" ...... '''',',',''".. ,'' Unes2+3a+3b $ 634,592.86 Offidal Fonn 206Sum Summary of Assets and Liabilities for Non-lndMduais page 1 Best CliIsa Bankrupl:cy Case 3:17-cv-00001-GEC Document 60-2 Filed 07/05/17 Page 2 of 24 Pageid#: 574 12115 FI31 m this Lnformation to identify the cas Debtor name Premo Aut"..F3()(Jylnc • United States Bankruptcy Court for the: WESTERN DISTRICT OF VIRGINIA ------------------ ICase number (ff known) _1cc6,--6=-1~Oo:3o:0,-______ D Check If this is an amended filing Official Form 206A/B Schedule AlB: Assets - Real and Personal Property Disclose all property, real and personal, which the debtor owns or In which the debtor has any other legal) equitable, or future Interest. Include all property In which the debtor holds rights and powers exercisable for the debtors own benefit. Also Include auets and properties which have no book value, such as fully depreciated assets or assets that were not capitalized. In Schedule AlB, list any executory contracts or unexpJred leases. Also list them on Schedule G: Executory Contracts and Unexpired Leases (Offlclar Form 206G). Be as complete and accurate as posslbJe. If more space Is needed, attach a separate sheet to this form. At the top of any pages added, write the debtor's name and case number (If known). Also ldentll'y the fom; and Une number to which the additional Information applies. If an additional sheet is attached, Include the amounts from the attachment In the total forthe pertinent part. For Part 1 through Part 11~ list each asset under t,he appropriate cate~ory or attach separate supporting schedules, such as a fixed asset schedule or depreciation sehedure~ that glves,the ctetaU,s for each as'set ,In a pat:U~lar category~, lisf each asset only oncs. In valuing the debtor's Interest, do not deduct the value of secured claims. See the Instructions to understand the terms used In this form. ~..~~ -=====~$O.OCl I 89. Intangibles and intellectual property. Copy line 66, Part 10. $o.oll 90. All other •••ets. Copy line 78, Part 11. + $0.00 -~----'=:' 91. Total. Add lines 80 through 90 for each column L===$=:1=12=,2::::40=.29:::..J1 + 91b. [-:-:====$0=.0=0 , 92. Total of all property on Schedule AlB. Add lines 91a+91b=92 Official Form 206AIB Schedule AlB Assets - Real and Personal Property page 4 80ttware COpyright tel 1996·2015 Bast case, LLC -1MI.W.bestcase,oorn Best Case Sankt'IJPlcy Case 3:17-cv-00001-GEC Document 60-2 Filed 07/05/17 Page 6 of 24 Pageid#: 578 12115 fillim thlSJoformatlon to Identify the case: ' •Debtor name Premo Auto Body..,l£ ____~.·United Stales Bankruptcy Court lor the: WESTERN DISTRtCT OF VtRGIN."IA~______............_ Case number (If known) 16-61030 ~~~----------- o Check if this Is an amended filingt Official Form 2060 Schedule Dc Creditors Who Have Claims Secured by Property Be as complete and afXWrate as posslbJe. 1, Do any credICora havs claims secursd by debtor's property? o No. Check this box and submit page 1 of this form to the court with debtor's other schedules, Debtor has nothing else to report on this form. • Yes, Fill in all of the information below. ':m'. List CreditOf'S Who Have Secured Claims Column Il 2. List In alphabetical ordsr all credl,o_rs who h.\te,_s~ursd clai~.If .. creditor h.~s.more than one secured claim, list the credltQt separately-for each claim.' ' - ArUoUI1t.of claim Value of collatsral that supports this 00 not deduct ttle value claim Of collateral, @JJ Internal Revenue Service Describe debtor's property that Is SUbJect to • lien ~__~ $4,068.99 Credllot's ..,ams office equipment and supplies in shop PO Bo)(7346 see attached itemized list Philadelphia, PA --------- .... 19101-7346 Describe the lien IRS taxes Dale debt was Incurred 2007·2015 Last 4 digits of account number 8937 Do muldple creditors have an Interot In the same property? ONo • Yas. Specify each creditor. inclUding U'lrs creditor and its relative prio!ity. 1. Internal Revenue Service 2. Michael and Waverly Parker Intemal Revenue Service PO BOl( 7346 Philadelphia, PA 19101·7346 Is the- creditor an InsIder or related party? -No DYes Is anyone else Ilable on this cletm? - No CJ Yee. Fill out Schedule H: Codebtors (Official Form 206H) As of the petition filing date, the claim Is: Check all that apply o ConUngent o Unliquidated Oot,puted Describe debtor's property that fs subJer;.t to a lfen $3,877.00 $3,877.00 equlpments and supplies seized by sheriff see attached Itemized list OG$crlbe the Uen IRS taxes Is the Gf'edltor an insider or releted party? _No DYe, Is anyone eSss liable on this claim? Date debt was-Incurred -No 2007-2015 [J Yas. Fill out Schedule H: CodebIors (Official Form 200H) Lasl 4 dtglts 01 eccount number 8937 Official Form 2060 Schedule 0: Creditors Who Have Claims Secured by Property page 1 of 4 Software Copyright {el 1998·2016 Bast Ca.se, LLC - W'W!N.basteess,oom Best Case BSi'lkMJplcy Case 3:17-cv-00001-GEC Document 60-2 Filed 07/05/17 Page 7 of 24 Pageid#: 579 Debtor J?remo Auto Body Inc Case number (i1 ~,ow) 16-61030 , Name -...---------. -------~~-- 00 multiple creditors have an Interest In the same property? ON<> • Yes, Specify each creditor, indud!og this creditor and its relative prlorily. 1. Internal Revenue Service 2. Michael and Waverly Parker [b3J Internal Revenue Service Credllot's Na:ne PO Box 7346 Philadelphia, PA ..19101-7346 ....:=--____ CredtlQr's fl'Ixeculory contract or unexpired lease 2.1 State what the contract or lease is for and the nature of the debtor's interest Stale the tenm remaining List the contract number of any government contract ~ 2.2 Stale what the contract or lease is for and the nature of the debtor's interest State the 18nm remaining List the contract number of any government contract ~.._~_ ,~ ...~,~_ 2.3 State what the contract or lease is for and the nature of the debtofs interest Stale the tenm remaining List the contract number of any government contract __..__ ~ .. ~_~ .. _ .. ~_____ 2.4 State what the contract or lease is for and the nature of the debtor's interest State the tenm remaining List the contract number of any government contract ~,-~..--..--..- ..--..,---..- ..--.. ----,~--..,--..--..--..--..,---- Officiat Form 206G Schedule G: Executory Contracts and Unexpired Leases Page 1 of 1 sottware COj)yrlqhl (c) 19S6-1016 Best case, ll.C • _j.l$slcase,COOl Best Case Sallkrupt(:y Case 3:17-cv-00001-GEC Document 60-2 Filed 07/05/17 Page 13 of 24 Pageid#: 585 12115 Fm 10 this !nformatlon to Identify the case. Debtor name ..I'rerno Aulo Body Inc .~~==~~-------------------------- United States Bankruptcy Court for the: WESTERN DISTRICT OF VIRGINIA Case number (ilknown) 16-61030 --_....'-"------- o Check if this is an amended filing Official Form 206H Schedule H: Your Codebtors Be as complete and accurate as possible. If more space Is needed, copy the Additional Page, numbering the entries consecutively. Attach the Additional Page to this page. 1. Do you have any codebtors? o No. Check this box and subm~ this form to the court with the debto(s other schedules. Nothing else needs to be reported on this form . • Yes 2. In Column 1, list as codebtor. all of the people or enlltles Who are also liable for any debts listed by the debtor In the schedules of creditors. Schedules D-G. Include all guarantors and co-obligors, In Column 2, identify the creditor to whom the debt is owed and each schedule on which the creditor is listed. Jf the codebtor is liabie on a debt to more than one creditor, list each creditor separately in Column 2. Column 1: Codebtor . . . C01!Jmn2: Credllor Name Mailing Addre •• .Name Check all schedules that apply: 2.1 Anthony Mayo Michael Parkerclo OD • ElF 3.3 OG 2.2 Mayo Automotive Michael Parkerclo OD Inc • ElF -----,3.",,3,,- OG Official Form 206H Schedule H: Your CodebiDr5 Page 1 of 1 Software Copyrigtlt (c) 1~2016 ~$I Case, LI.C ~ W\WI,balt~A:om Bast Casi! BanluupILy Case 3:17-cv-00001-GEC Document 60-2 Filed 07/05/17 Page 14 of 24 Pageid#: 586 Fill In Uus informatIon to IdenHfy the caSe Debtor name Premo AIJtC)..Body Inc ~~~-------------------------------- United State. Bankruptcy Court for tI1e: WESTERN DISTRICT OF VIRGINIA Case number (If known) lc:6:..:.6~1c:O.::30,,-________ o Check if this is an amended filing Official Form 207 Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy The debtor must answer every question. If more space Is needed, attach a separate sheet to this fonn. On the top of any additional pages, write the debtors name and ease number (if known). liffii. Income 1. Gross revenue from business D None. Identify the beginning and ending dates of the debtor's fiscal year. which may be a .alendar year . From the beginning of the fiscal year to filing date: From 1/0112016 to Filing Date ----------_....__.... --------------- For prior year: From 1/01120151012/3112015 ,Sources,of ,rJvenue Check all lhatapply • Operaling a business D Other Gross revem,Je (before deductions and exclusions) $229,707.00 -----'- .................... ____-....:$'-'5.::..66::.:,498.00• Operating a business D Other For year before that: $495,793.00• Operating a business From 1/01/20141012131/2014 D Other 2. revenue Include revenue regardless of whether that revenue is taxabJe. Non-business income may include Interest, dividends, money collected from lawsuits, and royalties. List each source and the gross revenue for each separately. Do not include revenue listed in line 1, • Nona. I)lI'$criptlon of sources of revenue Gross revenue from each source (before deductions and exclusions) Ipm.. list cartaln Transfers Made Before Filing for Bankruptcy 3. Certain payments or transfers to creditors within 90 days before flUng this case list payments or transfers--includlng expense reimbursements-to any creditor, other than regular employee compensation, within 90 days before filing this case unless the aggregate value of all property transferred to that creditor is less than $6,425. (This amount may be adjusted on 4101/19 and every 3 years after that with raspect to cases filed on or after the dale of adjustment) • None. Credilor's Name and Addre•• Oates Total amount of value Reasons for payment or transfer Check el/ that apply 4. Payments or other transfers of property made within 1 year before filing this case that benefited any insider List payments or transfers, including expense reimbursements, made within 1 year before flJlng this case on debts owed to an insider or guaranteed Officlal Form 207 Statement of Financlal Affairs for Non..Jl'u;tlvldual. Filing for Bankruptcy page 1 Best Case Bankropt~ 04/16 Case 3:17-cv-00001-GEC Document 60-2 Filed 07/05/17 Page 15 of 24 Pageid#: 587 Debtor _Premo Auto Body Inc Case nunlot:!r (ilknown) 16..61030 ~~- ..... - or cosigned by an insider unless the aggregate value of all property transferred to or for the benefit of the insider is less than $6,425. (This amount may be adjusled on 4/01/19 and every 3 years after that with respect to cases filed on or after the date of adjustment.) 00 not include any payments Ilsted in line 3, Insiders include officers, directors, and anyone in control of a corporate debtor and their relatives; general partners of a partnership debtor and their relatives; affiliates of the debtor and insiders of such amUates; and any managing agent of the debtor. 11 U,S.C. § 101(31} . • None. Insider's name and address ~ates TolIIl amount of value Reasons for payment or transfer Relationship to debtor 5, Repossesslonst foreclosures, and returns List all property 01 Ihe deblor Iha! was obtained by a creditor wilhin 1 year before filing this case, Including property repossessed by. creditor, sold .1 a foreclosure sale, transferred by a deed in lieu of foreclosure, or returned to the seUer. Do not include property listed in line 6, [J Non. Creditor's name and addr••s Describe of the Property Oa!e Value of property Michael and Waverly Parker all equipment and supplies listed on 2172016 $106,919.00 PO Box 559 schedule B Stanardsville, VA 22973 ~~--~~- 6. Setoffs List any credltor, including a bank or financial institution, that within 90 days before filing this case set off or otherwise took anything from an account oftha debtor without permission or refused to make a payment at the debtor's direction from an account of the debtor because the debtor owed a debt • None Creditor's name and address Description of the acllon credilor took Oate a_ctlon was Amount taken '.,. Legal Ac~~.~ns or As~Jgnments '-~- ....-~- 7. Legal actions. administrative proceedings, court actions, executions, attachments, or governmental audIta List the legel actions, proceedings, investlgations. arbitrations, mediations, and audits by federal or state agencies in which the debtor was involved In any capacit:y--¥Jithin 1 year before filing this case. o None. c... title Na~re of case Court or agel;1cy's name and Status of case Case number address 7.1. Michael Parker v Premo Auto civil action Charlottesville Circuit Court [J Pending Body 315 East High Street [J On appeal 15-379 Charlottesville, VA 22902 Conduded• 7.2. Pro Finishes Plus Inc v Premo Interrogatories Charlottesville General [J Pending Auto Body District Court [J On appeal GV12-3812·02 East Market Street • CondudedCharlotteSVille, VA 22902 8. Assignments and receivership List any property in the hands of an assignee rorthe benefit of creditors during the 120 days before filing this case and any property in the hands of a receiver, custodian, or other oourt-appolnted officer within 1 year before filing this case . • None 'ifit- Ce~ln Gifts and Charitable ~9~n,,!...rl!,b!,ut!!;0...n,!s,,-_____________ 9. List all gifts or charitable contributions the debtor gave to a recipient within 2 years before flUng this case unless the aggregate value of the glfts!o that reciplen! is less than $1,000 Official Fonn 207 Statement ot FInancial Affairs for Non..andMduale Filing fot Bankruptcy page 2 Sof\I.Ira.t$ Copyright {ej 1996-2016 Be,sing or moved:, or transfer transferred 19. Safe deposit boxes List any safe deposit box or other depository for securities. cash, or other valuables the debtor now has or did have within 1 year before filing this case. • None Depository institution name and address Names of anyone with DescriptiOn of the contents Do you stili access to it have It? Addr... 20. Off..premises storage Usf any property kept In storage units or warehouses within 1 year before filing this case, Do not include facillties that are rn a part of a building In which the debtor does business, • None FaciUty name and address Names of anyone with Description of the contents Do you stili access to It have It? OffidaJ Form 207 statement of Financial Affairs for Non-lndividuals Filing for Bankrup.tcy page 4 Best Cas' Assets 1. Schedul. AlB: "ssets-Real and Personal Property (Offici.' Form 206N8) 1a. Real property: $ _____0_.0_0Copy line 88 from Schedul. AlB....... ........ ,. ....... . lb. Total personal property: $ 108,493,99Copy line 91A from Schedule AlB . ..................................................................................................................... . ----'-- lc. Total of .11 property: $ 108,493.99Copy line 92 from Schedule AlB,"" ........... " .... ".", ... M • ~~mmary of LI.blllll....____ 2. Sehadul. D: Crodi/O", Who Have ClaIms Seeurod by Property (Omelal Form 206D) $ ___3_0_3,--,5_16_,_69_Copy the total dollar amount listed in Column A. Amount orc/aim, from line 3 af Schedule D ........ , ...... , .................. . 3. SchedUle ElF: Credlto", Who Have Unsecurod Claims (Official Form 206E/F) 3a. Total claim amounts of priority unsecured claims: 14.397.45$Copy the lotal claims from Part 1 from line Sa of Scnedule ElF ................ .................. . ----'-- 3b. Total amount of claims of non priorIty amount of unsecured claims! +$ 16.929.00Copy the total of the amount of claims from Part 2 from line 6b of Schedule ElF......__.__ ... "".'"'"......,.,.p .. .. Total liabilities ,"H' ,,,,,,,,,,.p.,, .................... .. .... , ... ,'"., ........................................... _ ............ " ..... .,,,,,,'.,., .......,, ..,,.. Unes2+3a+3b 1:=-~843'141 Official Form 206Sum Summary of Assets and Liabilities for Non-Individuals page 1 of 1 SOftware Copyright (C) 1996-2016 Eest cas.e., LLC. www.bestcase.com Beat Caae BafJkruplcy Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 3 of 27 Pageid#: 599 12115 UU\.,.I I r-1It::'U UOI-.JU/.l.O C:lllt::'1 t::'U UOI-.JU/.l.O 1 ( .U.l..UU Document Page 4 of 27 Fill in this information to identify the case· ut!sc IVIi::UlI Debtor name Premo Auto Body Inc United States Bankruptcy Court for the: WESTERN DISTRICT OF VIRGINIA Case number (~known) _1..6__-6.:01.::6::4"'8'---______ D Check if this is an amended filing Official Form 206A1B Schedule AlB: Assets - Real and Personal Property Disclose all property, real and personal, which the debtor owns or in which the debtor has any other legal, equitable, or future interest. Include all property In which the debtor holds rights and powers exercisable for the debtor's own benefit. Also Include assets and properties which have no book value, such as fully depreciated assets or assets that were not capitalized. In Schedule AlB, list any executory contracts or unexpired leases. Also list them on Schedule G: Executory Contracts and Unexpired Leases (Official Form 206G). Be as complete and accurate as possible. If more space Is needed, attach a separate sheet to this form. At the top of any pages added, write ths dsbtor's name and case number (If known). Also Identify the form and line number to which the additional Information applies. If an additional shest Is attached, include the amounts from the attachment In the total for the pertinent part. For Part 1 through Part ii, list each asset under the appropriate category or attach separate supporting schedules, such as a fixed asset schedule or depreciation schedule, that gives the detailS for each asset In a particular category. List each asset only once. In valuing the debtor's Interest, do not deduct the value of secured claims. See the Instructions to understand the terms used In this form. __Cash and cash equivalents 1. Does the debtor have any cash or cash equivalents? o No. Go to Part 2. • Yes Fill in the information below. All cash or cash equivalents owned or controlled by the debtor Current value of debtor's Interest 3. Checking, savings, money market. or flnanclal brokerage accounts (Identify al/) Name of institution (bank or brokerage firm) Type of account Last 4 digits of account number 3.1.. UVA Community Credit Union checking 8139 $4,000.00 3.2.. Bank of America checking 8351 $425.00 4. Other cash equivalents (ldentifyal/) 5. Totat 01 Part 1. $4,425.00 Add lines 2 through 4 (including amounts on any additional Sheets). Copy the tolal to line aD. __ Deposits and Prepayments 6. Does the debtor have any deposits or prepayments? • No. Go to Part 3. D Yes Fill in the information below. __ Accounts receivable 10. Does the debtor have any accounts receivable? • No. Go to Part 4. D Yes Fill in the information below. _ Investments Official Form 206A1B Schedule AlB Assets - Real and Personal Property page 1 Soflwaro Cop~nght (c) 1998-2018 Best Case. LLC· WWN.bestcase.com Best Case Bankruptcy Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 4 of 27 Pageid#: 600 Case ltH.llo41:l DOCll Filed Ol:l/30l10 Entered UI:l/3U/1fi 1I:U1:UU LJesc Mam Document Page 5 of 27 Debtor _Premo Auto Body Inc Case number (!fknwm) -'1"'6'-'-6"'1,,64=8________ Name 13, DOH the debtor own any investments? • No. Go to Part 5. o Ve. Fill in lh. infonnalion below. __Inventory, excluding agriculture assets 18.0069 the debtor own any Inventory (excluding agriculture assets)? • No. Go to Part 6. o Yes Fill in the infonna1ion below. __Farming and flshlng,.re'ated asssts (other than tltted motor vehicles and land} 27. Does the debtor own or lease any farming and fishing-related assets (other than titled motor vehlcleti and land)? • No. Go to Part 7. o Yes Fill !n the Information below. ~mlture, fixtures, and equipmenti and collectibles 38. Does the debtor own··or lease a"ny-Office "fuC:m;c'I"'tu--:",=-,C,fl"'xt"'uC:,..,=.=-,--:a,'q:'::ui::lp::m=a::n""t,-:o::r-=C=OI"ta::ct"'I"'bLI...=?----- o No. Go 10 Part 8. • Yes Fill In the Information beJow. General deSCription Het book value of Valuation method used Current value of debtors Interest for current value debtors Inta",st (Where .voilable) 39. Office fUrniture 40. Office fiXtul'$S 41. Office equipment, Ineludlng all computer equipment and communication systems equipment and software office equipment and supplies In shop $4,068.99 -'NI"'A"--_____ $4,068.99 42. Collectibles Examples: Antiques and figurines; paintings, prints. or other artwork: books, pictures, or other art objects: china and crystal; stamp, coin, or baseball card collectiOns; other collections, memorabilia, or collectibles 43. Talai of Pari 7. $4,068.991 Add line. 391hrough 42. Copy the tolal to line 86. 44. Is a depreclaHon schedule available for any of the property ti$ted in Part 7? • No DVes 45, Hasany of the property listed In Part 7 been appralsed by a professional withIn the last year? .NO DVes __MachInery, equipment. and vehicles 46. Does the debtor own or lease any machinery, equipment, or vehicles? o No Go to Part 9. • Yes Fill in the information below. Official Form 20BAlB Schedule AlB Assets - Real and Personal Property page 2 SOftwareCOpyrighi(c) 1996-2016 aest:Can, LLC - WWW,b9Stca~e.oom 6es! Case Bartkftiptey Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 5 of 27 Pageid#: 601 case ltH:ilti48 Doc 17 Filed 08/30116 Entered 08/3011f' 17:01:00 Desc Main Document Page 6 of 27 Debtor Premo Auto Body Inc Case number (If"'own) _1:.:6,,-,,61.::6::4::8'-________ Name General desCription Net book value of Valuation method used Current value of Include year, make, model. and identification numbers debto(s Interest for current value debtor's interest (I.e" VIN, HIN, or N-number) (Where available) 47. Automobiles, vans, trucks, motorcycles. traUers. and titled farm vehlelas 48, Watercraft, trailers, motors, and related acc9$$Orkts Examples: Boats, tralters. motors, floating: homes, personal watercraft, and fishing vessels 49, Aircraft and acc9SS01'19s 5Q, Other machinery, fixtures, and equipment (excluding farm machinery and equipment) "hop equipment ________~$~O~,O~O ~N~/A~_________ $100,000,00 51, Total of Part 8, Add lines 47 through 50. Copy the total to line 87, 52, Is a depreciation .chedule available for any of the property lI.tad In Part 81 .No DYes 53. Has any of the property listed In Part 8 been appraised by a professional within the last year? .No DYe. IIIIIIIIIIR••lproparty 54. Does the debtor own or lease any real property? • No, Go to Part 10, o Yes Fill in the InformatIon below. ~1lI.n.!lI.~I" and Intellectual property ...~~---cc~-----~~-------~------ 59. Ooes the debtor have any Interests In Intangibles or Intellectual property? • No, Go to Part 11, DYe. Fill in the Informalion below, _ All otherassel1o mmmm.~_~7""-C~~~~------------------ 70. Dose the debtor own any other assets that have not yet been reported on this form? Include all Interests In executory contracts and unexpired leases neM previously reported on this form. • No. Go 10 Part 12, DYe. Fill In Ihe informallon below, Official Form 206A1B Schedule AlB Assets· Real and Personal Property Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 6 of 27 Pageid#: 602 Case 16-61648 Doc 17 Filed 08/30/16 Entered 08/30/16 17:01:00 Desc Main Document Page 7 of 27 Debtor Premo AutOJ3')lIY Inc ---~ Case number (If known) 16-61648 ........- Name IIIIIIILS~u_m~m~a~~_______________________ 80. Cash, cash equivalents, and financial assets. $4,425.00Copy line 5. Part 1 81. D.poslts and prepayments. Copy line 9. Part 2. $0.00 62. Accounts recelv.ble. Copy line 12. Part 3. $0.00 63. investments. Copy nne 17, Pert 4, $0.00 64. Inventory. Copy line 23, Parl5, $0.00 65. Farming and f1shlo9-related assets. Copy line 33. Parl6, $0.00 86. Offlce furniture, fixtures, and equipment; and collectibles. $4,068.99Copy line 43, Part 7. 67. Machln.ry, equlp""'n~ and v.hlcl.... Copy line 51, Part 8. $100,000.00 88. Real property. Copy line 56. Part 9 ..................................................... . ........... , .......> $0.00 89. Intangibles and Intellectual properly. Copy line 66. Pert 10. $0.00 90. All other a ..ets. Copy line 78, Part 11. +_______~$O::.:.;:;OO::.. 91. TOlal. Add lines 80 through 90 for each column $108,493.99 1+ 91b. L::======$O::.O::0::::...-J 92. Tolal 01 all properly on Schedule AlB. Add line. 910+91b-92 $108,493.99 Official Form 206NB Schedule NB Assets· Real and Personal Property page 4 Software Copyrlgnt (c) 1996-201'6 8est case, lLC - WWW'.bes!castt.CO'TI Be5i Cas& Bankruptcy Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 7 of 27 Pageid#: 603 Case 16-61648 Doc 17 Filed 08/30116 Entered 08/30/1f' 17:01:00 Desc Mam Document Page 8 0127 fllllt'l this Information to identify the case: Debtor name Premo Auto Body Inc United Stat.. Bankruptcy Court for the: WESTERN DISTRICT OF VIRGINIA Cas. number ('known) 16.61648 ~~~---------- D Check If this Is an amended filing Official Form 2060 Schedule D: Creditors Who Have Claims Secured by Property 12115 Sa as complete and accuraltt as po$&lble. 1.00 any creditors have claims secured by debtor's property? o No, Check thiS bOl( and submit page 1 of this form to the court with debtor's other schedules, Deblor has nothing else to report on this form. • Yes, Fill In all of the informatfon below.I.,. List Creditors Who ..ave Secured Claims ColumnA Columl'l B 2. List In alphabetical order ell c.redltons who have secpred claims. If e creditor has mare than one secured cla!m, Hst the creditor upatately for eaeh deim Amount of claim Value ofcollatel'lll thateupport9 this Do not deduct the value claim of (OlIateraL ~Internal Revenue Service De&crlbe debtor's property that 1& aubJe<:t to a lien $265,516.69 $4,068.99 Creditor'S Niilmlil -...----~ office equipment and supplies In shop PO Box 7346 Philadelphia, PA 19101·7346 '"C;ditcr's ma!tfl'g-addfllss ...- ...~-~ Describa the lion IRS laxe." (Pre JudEment.L1':i.,,!n,!:)=-~_ Is the cradltor an InsldOr Or nlated patty? _No Credi!cr's email address, II knOWl'l DVes Is anyone alee lIabla on thIs claim? Date debt was Incurred _No 2007·2015 D Yes. Fill out Schedule H: Codebtots (OffIcial Form 206H} Last 4 digits of account number 8937 ·-00 multiple creditors have an As of the petition filll'l9 date, the claim ts: lntemstln the same property? Check all that apply ON<> o Contingent • Yes, Specify eech crediror, o Unliquidated ifICiUding this creditOr' and its relative priority. • Disputed 1. Intamal Revenue Service 2. Michael and Waverly Parker r;-;i Michael and Waverly ,...:_JPan."r.-;;;;;;--_____ Cre>.i(!c(s NalTl$ PO Box 559 Stanardsville, VA 22973 Cretlltor's emaH address, I; I!notm Date debt was Incurred 22015 last 4 digits of account number D&sr.ribe debtor's property that is subject to a lIan $38,000.00 $4,068.99 office equlpmen1 and supplies in shop DMerib& the lien levy Is. the creditor an Insider or I'IIlated party? _No Dyes 1& anyone elae liable on thie claim? _NO D Yes, Fill (lot Schedule H: Codebtors (Olflciel Form 206H) OffiCial Form 2000 Schedule D: Creditors Who Have Claim. SecuAd by Property page 1 of 2 Soltware CQPYrtgl'lt ie) 1996·201e Best Case. LLC - \'lwN.bestcase.eom Best Case BankrJptcy Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 8 of 27 Pageid#: 604 Case 16-61648 Doc 17 Filed 08/30/16 Entered 08/30/1f 17:01:00 Desc Main Document Page 90f27 Debtor Premo Auto Body Inc Case numoor (If Know) 16-61648 Name ....."--='-------------- -~.... ===c::7=_:_:_ Do mutupie Credltore haw,. an A& oftfte petition fliing dam, th& Claim Is: intsre1>t In the eame property? Check all1hat apply DNa o Contingent • Yes. Specify each creditor, o Unliquidated including this creditor and it! relative o Disputed priority. ~Ified On line 2,1 .--------------------~--- ...- ... 3. Total of the doltar amounta from Part;. Column A,lncludlng the amountri from the Addltfonall'age, if any. $303,51f69] 'W". List Otllers to Be NotlflecUor a Debt ~r~ listed In Part"-!.1__________________________ Llst In alphabetical orde( any others who mUit be notified for a dobt already lI.ted In Part 1. Eumpfes of entities that may be lISted are collection agencies. asalgnes, of claims Il:ated above, and attornays for aacur&d credlto~. If no others nMd to notJfled for the debts listed In Part 1, do not fill out or '&ubmltthis page. If additional paget are needed, copythl8 page. Name al\d address On wblth line In Part 1 did you last 4 digits of enter the related creditor? lKcount number for this entity Official Form 2060 Addilional Page of_dul. 0: Creditors WhO Have Claims Secured by Property page 2 of2 SotIware Cop~rtgh! (e) 1995-2018 Best CQ$$, lLC _IYWW.iJeslca5aeom Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 9 of 27 Pageid#: 605 Case 16-61648 Doc 17 Filed 08f30!1b I:.nterea UtlljU/ltl I [:Ul:UU Ut:l:;t; IVlall I Document Page 10 of 27 i Premo Auto .B,:,:o",d"lYl.!I!.'nc~________________ Stales Bankruptcy Court for the: WESTERN DISTRICT OF VIRGINIA number (W .nown) _1~6::-6~1~6~4~8_______ Official form 206E/F Schedule ElF: Creditors Who Have Unsecured Claims o Check" this is an amended filing 12115 Be as complete and accurate .. p081l1lble. Use Parli rot c.reditors with PRIORITY unsecured claims and Part 2 for erad/lore wHh NONPRIORITY unaecurad claims, LIst the other party 10 any executory contracts Or unexpired reasee that could rasuft In a claim. AlSO listexecutory contracts on Schedule AlB: A.sset3 ~ Real and Personal Property lomelal Form 206AJB} and on Schedule G: Executoty Contracts and Unexpired Leases (OffIcial Form 206G). Numberthe enltift In Parts 1 and 2 in the boxes on the left. If mora space Ie needed for Part 1 or Part 2., fill out snd attachthEf Additional Page of that Part Ineluded In thle form. lift'. List AU Cf9(Ut~rs with PRtORITY Unsecure~ Claims 1. 00 any creditors hav& priority unseeur&d elalms1 (See 11 U.S.C. § 507). o No. Go to Pan 2 . • Ves. Go to line 2. 2. 1.Iat In alphabetical ordar all eroditors whO haw ut1$acul'Od claim. that are entitled to priority In whole or fn part. If the debtor hes more than 3 creditors with priority unsecured claims. fill out 4nd attach the Additional Page 01 Part 1. Total claim pl10rlty amount Priority cre:d'"rt'Or's name end mailing address As 0' the petition f1l1n9 date, the claim 1$: $14,397.45 $9,960.82'........ Internal Revenue Service Chttck $N that appJy. PO Box 7346 o Contingent Philadelphia, PA 19101-7346 D Unliquidated o Di5PUted Oate or detes debt was Incurred Ba$is 'or the c1eim: 1007-15 taxes -- ...- ..--- ---~-~-- .--~ Last 4 digits of account number 8931 Is !he deim subject to offset? Speeity Code subsection of PRIORITY _No unsecured claim: 11 U.S.C. § 507(a)@) DYes --------.-----------.--~--...---.-...----- 'Wip. List ~RC~~ltors ~Ith NONPRtORITY Unsecured ~Ialms _ $. Llat In alphabetical order all of the creditors wtth nonprlorlty unsecunrd claims. If the deblor·~h~a-,-m~"'~.~th~.~n~6-cred="'"o-,rsc-W1-,·th""'non---p.,'ioclity"."'u-n""",=u=cedC,-:d"'.";"",:'-'.,"',, out and attach the Additional Page of Pat12. Amount ofclaJm Nonprlority eredttor'a Ram(t end mailing .ddrese As 01 the petition flilng date, the claim is: Check aH lhat oppIy. CGray--WAHU o Contingent 1801 Halstead Blvd o Unllquidated Tallahassee, FL 32309 DO;spuled Oate or datu debtwu Incurred Basis for the elaim: advertising Ll!I8t4 digits of account number wcav Is tho dalm subject to offset? • NQ 0 Yes ---.__ . __._------------- --_. ----- ..---..--~ Nonprlorlty creditor's name and mailing eddreas As of the petition filing date. the claim 18: Check tJ,1j.!/l8l apply. .__ . $1,154.00 Charlottesville Radio Group o Contingent 1140 Roee Hill Drive o Unliquidated Charlottesville, VA 22903 DOisputed Oate or date$ debt was Incurred 2013 Basis for the claim: media last4 digits of aCCQunt numbol' 1493 Is the claim subied to offset? • No 0 Yes OfficIal Form 206ElF Sehedule ElF: Creditors WhO' H • ..,. Unsecured Claims page 1 0'2 Softwata Cepyfighl (c) 1996-2016 Best Case, lLC ~ www.b~ca$9.GOm 24295 BestCasa~ Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 10 of 27 Pageid#: 606 Case 16-61648 Doc 17 Flied 08130116 Entered 08130116 17:01:00 Desc Main Document Page 11 of 27 Debtor Premo Auto Body Inc Case number (it kfl<)wn) 16-61648N,,,,,, Nonpriorily creditor's name and mailing address A» of the petition filing date. the claim !s: CheeJ< atJ thst app.Jy. ............... $14,000.00 Quick Bridge Funding D Contingent 333 City Blvd o Unli~ujdated W Suite 1910 o Disputed Orange, CA 92868 Basis forthe claim: line of credit Oate or datet debt was loourred Is the claim .subject to offset? • No Cl YesLast 4 dfglt8 of accourrt number 5927 li"".b.!~~ Othera to Be Notified About Un~""'u"'''''''''>'."C"I."lm'''''s____________~ ------- ..... 4. Ll:et in alphabettcal ~r any other$ who mu&t be notified for claims listed In Parts 1 and 2. Examples of ooWes that may be lisled are collection agendes. assignees of claims tisiad above, and attorneys for unsecured creditors, If no otMra nMd to ~ notlfMd for the debts listed In Parts 1 and 2. do not 1I1l out or submit this page. If addltJonai pages am ".oded, copy the next page. Nama end mamng address On which Un. In Part1 or Part::l: 1$ I.ba last 4 digits of related credttor or any) Il$ted? account numbsf, If any '@,.TotaIAmountsoftheprlorltyand Nonprlortty Un9~~"u"re.,d"-"C...I."I"m"s'--______________________~ S. Add th. amounts of priority and nonpriority uneecured claims. ;,~:\i;T~i'olc'l,elm·-tlmQun~', Sa. Total etalms from Part 1 58. $ 14,397.45 6b. Totat clalms1rom Part 2 5b. + $ 16,929.00 Se. Totti i)fPart& 1 and 2 50. 31,326.45Lines 5a + 5b = 5c, Official Form 206 EYF Schedule ElF: Creditors Who Have Un"ecu,,-d Claims Page 2of2 Sortware COPYl'loht (e) 1995·2ms Best Case. LlC? www.bas\cusa.oom 8ast case eartwpk:y Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 11 of 27 Pageid#: 607 Case 16-61648 Doc 1.7 Filed 08/30116 Entered 08/30/1" 17:01:00 Desc Main Document Page 12 of 27 Fill In thi$ information to identify the case' :Debtor name l'!.emo Auto Body l.nC ~~~~~~~~~~~----- : United Slates Bankruptcy Court for the: WESTERN DISTRICT OF VIRGINIA ICase number ("nown) ...:1,,6,,-6,,1,,6:;:4.:.8_______ o Checi< if this is an amended filing Official Form 206G Schedule G: Executory Contracts and Unexpired Leases 12115 Be as complete and accurate as possible, If more space Is needed, copy and attach the additional page, number the entries eonSGcutively. 1. Does the debtor have any executory contracts or unexpired 1&89&91 • No. Check this bOx and file this form with the debtor's other schedules. There Is nothing else to report on this form. o Yes. Fill in aU of the Information below even If the contacts of leases are listed on Schedule AlB,' Assets ~ Real and Personal Propelly (Official Fonn 206A1B), 2, List all contracts and unexpired leases State the name and mailing address for all other panle. with whom the debtor has an executory contract or unexpired lease 2.1 State what the contract or lease is for and the nature of the debtor's interest State the term remaining Ust the contract number of any government contract 2,2 State what the contract or lease is for and the nature of the debto~s interest State the tenm remaining List the contract number of any government contract 2.3 State what the contract or lease is for and the nature of the debtor's interest State the tenm remaining List the contract number of any government contract ~~~~------~--------~-------~~---~------- .....- 24 State what the contract or lease is for and the nature of the debto~s interest State the tenm remaining List the contract number of any government contract --_. --.....-----.~. Official Form 206G SCMdule G: Executory Contracts and Unexpired leases Page 1 of 1 Soltwl!lre Cop~right te} 1~2016 BIiIst Cas!t, LLC -W*R.ooslC3S0.COtn Ba1ltCas:g 8ankrup!ey Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 12 of 27 Pageid#: 608 ------------------------ Case 16-61648 Doc 17 Filed 08/30116 Entered 08/30/11' 17:01:00 Desc Main Document Page 13 of 27 Fin in thIs information to identify the case Debtor name Premo Auto _Body Inc United state, Bankruptcy Court ror the: WESTERN DISTRICT OF VIRGINIA Ca•• number 1"_0) 16-61648 ....... --~ -.----~ o Check if this is an amended fliing Official Form 206H Schedule H: Your Codebtors 12115 Be as complete and accurate as possible. if more space ls needed, copy the Additional Page, numberIng the entries consecutively. Attach the AddHlonal Page to this page. 1. Do you have any codebtors? • No. Check this box and submit this form to the court with the debtor's other schedules. Nothing etse needs to be reported on this form. DYes 2. In Column 1, list as codebtot'$ all 01 the people or entitles who are also !labia tor any debts listed by the debtor In the schedul9$ 01 creditors. Schedules D.G. Include all guarantors and co-obligors. In COlumn 2, identify the creditor to whom the debt IS owed and each sC11edule on whiC11 the creditot is listed. If the codebtor is liable on a debt to more than one creditor, list each creditor separately in Crnumn 2. Column 1: CocI&btor COlumn 2: Creditor Official Form 206H Schedule H: Your Codebtors Page 1 of 1 Sol'twa!'e COpyright [el 1996.2016 Bell Case, LLC - ww.v,beslC3uu,:om Best Cl1!l$' Bankruptcy Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 13 of 27 Pageid#: 609 Case 16·61648 Doc 17 Filed 08/30/16 Entered 08/30/1t' ' f:Ol:UU uesc IVlaln Document Page 14 of 27 3:19 PM Premo Auto Body 08123116 Profit & Loss Cash Basis January through August 2016 Oroinat)! In<:omelExpense COISt of Goods Sold Body Labor Frarn& Labor Mecnani••, Labol Paint LilIlOf PaintSuppIJ8& Parts Parts Purchases Subcon1racted SeN;""" Total COGS Groos Pro'it EkpeR$& Adven.i$lng and Promotion Credit Card Fees Equipment Rental Fuel J EnyJonnental Gamfshment; Insuranc9 Accidental Insurance Expense.. Gamoe Insl.lrnnee SJllpense .. Worker Camp l.egal Fees lIIaintence Inspection Office S"",,11os Out&lde ServicGs P.~roll Expa_ Profes9ionaf Fees Refund- Body Labor Reimbvtsment~ Rental car Repairs and Maltd:enarJCe $ales Tu P-enalty Shop EXl)Elt'I.t.e Shop ~pen... Paint Shop ExpertH-Bod~ Supplies Shop Expel"ll • .oetaii ~Ies Shop E1q)ense .. Pa;nl Supplies Srnatl Too!s and Equipment Tetephone Expenso Towing($torage Trash Expfll'lSe _I United States Bankruptcy Court UIIIItI_Electrio Utillll'-e UtlliU....W....r&Gas Witlmol din" Pinally Total Expefl'S.i! Net Ordinary lnc:omo Nettneome J;Jn ... AUg 16 -45.853.27 .1.890.00 .1.0149.61 ·37.810.90 .714.09 .10.841.09 18,030.75 93.86 -SO.634.55 80.834.55 75.00 220.43 872.17 31.1)5 30&70 242.62 478.7. 519.50 5.700.00 20.00 1.143.15 2.923,48 108.360 73 1.07500 0;01 ~.bor L.oborlnc'mor Cost 01 Goodo> Sold ·0_ Total Coat ofGoods Sold Parts. Plln:ha5eS To"" COGS GrClSS ~roflt Expanse ActvertJ$ina lind Promotion 8an. c8l'd fee eash deposito« I." Contract ~abor tnNIIl car1llease Detail & lINgO Fee Dues iII1(lSul>scriptiims empJ,~ advance f:nvironJ'MY'ttl' FCMtt In-Aecidenlal tnsur.mee..A.ccldent,al Insutiimce Expense General UabiUcy Insurance Worlce..... CompQMatiOfl IMUf'llin1Cll e..p.nae ~ Towllnsurlll1C4t Expense Jnsunnc:. e*~ommet'dat Meals and EM!t"lalllllleni _ean""""... E!cporIoe MeripS" Processing fee ~ 1n <=()"'p'roI111.c~"'" Offer In compromlae .. Proc.!sR.i" Otftco Sup;pUec Offl.. Supp&ee-$oftw.... Outside S_as O\MfC5raft:: Fees p_Pu""'_. ReI..........m_ Jan .. oec 15 217,25UO M:29.38 14.400.39 175,790.87 255.00 474,335.34 1.825.00 88,888.63 1,450.00 5S6,488.97 26.190.89 0.00 18.00 16,00 3&,00 81.81&.29 108,045.1& 453,453,79 2,fl~,OO 76<4,59 131.10 1.960.51 135.32 3,00 64,95 3!lO.00 1.124,74 363.93 398.59 4,1Bl,81 2,631.91 '59.68 e,955.4O 1.SOO.33 968,35 IO.OO~.92 24.41 e.-'86.oo 8lI.2l) 3. t42.91 1,973.06 12.3113.11 295,00 1.065,74 llIZ:LL 9L 9>'''l1li dLZ:Z09L £z Bnv Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 17 of 27 Pageid#: 613 ---------------------- ~ase .lO-Ol.04tl UOL: 1,/ t-II~U UO/.;:)V/.LU t:lllt'It;U UU/vU/,J,.' LI.VJ,.,VV _ ..... ""' ... , ....... " Document Page 18 of 27 ..:...:.::==-=:L!!!"--___..._~_... __._____ United States Bankruptcy Court for the: WESTERN DISTRICT OF VIRGINIA ~-------- ! Case number i~ knawn) ~1,-,6,-.:::61.:.;6,,-48:.::.._______ o Check nthis is an amended filing Official Form 207 Statement of Financial Affairs for Non-Individuals Filing for Bankruptcy The debtor must answer 1fIvery qufttJon. If more space Is needed. attach a separate sheet to this fotm. On the top of any additional pages. write the debtor's name and case num ber (If known). Ipm'M Income --------..--.--.-...~.---- -- 1, Gross revenue from business o None, identify the beginning and endIng dates Of the debtors nseal year, Sources of revenue Gross revenUe which may be a calendar year Check all that apply (before deductions and exclusions) From the beginning ofthe fiscal year to filing date: $229.707.00• Operating a business From 11011201610 Filing Date OOlher -----.--~.-.- For prior year: $566.498.00• Operating a business From 110112015 to 1213112015 o OIher For year before that: $495,793.00• Operating a business From 110112014 to 1213112014 o Other ===:::-;-:--------~-- ..-~- ..2. Non~busln8$S revenue Include revenue regardless of whether that revenue Is taxable, Nan-business income may indude interest, dividends, money collected from lawsuits, and royalties, List each source and the gross revenue for each separately. Do not include revenue listed in line 1 . • None. DescrlpUon of sourCM of revenue Gross revenue from each source (before deductions and exdusions) 'iIli.-.List Certain Transfers Made B&fQre FlUng for 8ankru~"'tc"'y'___________________.•______ 3, Certain payments or transfers to cfeditol'$ within 90 days before 'II1n9 this case List payments or transfers-including expense relmbursements--to any creditor. other than regular employee compensation, within 90 days before filing Ihls case unless the aggregate value of all property transferred to that creditor is less than $6,225. (This amount may be adjusted on 4/01/16 and every 3 years after that with respect to cases filed on or after the date of adjustment.) • None, Creditor's Name and Address Total amount of value Reasons for payment or transfer Check all that apply 4. Payments or other transfers of property made within 1 year before flUng thls case that benefited any Insider List payments or transfers. including expense reimblJl"sements. made within 1 year before filing this case on debts Owed 10 an insider or guafanteed Statetnent of Financial Affalrsror Non·IndMd~.ls Filing for Sankl'Uptcy page 1 Se:ttware Copyright {c) 1900·2015 Best case, LLC· WWN.~sfr.asRcom 12115 Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 18 of 27 Pageid#: 614 Case 16-61648 Doc 17 Filed Ul:l/jUllb t:merea Uts/.jUIl~ u .U.LVV Document Page 19 of 27 U,,"" ,v'a'" or cosigned by an insider unless the aggregate value of all property transferred to or tor the benefit of the insider 1$ less than $6.225. (This amount may be adjusted on 4/01/16 and every 3 years after that with respect to cases filed on or after the date of adjustment) Do not include any paymen1s listed in liM 3. fnsiders include officers, directors, and anyone in control of a corporate debtor and their relatives: general partners 01 a partnership debtor and their relatives: affiliates of the debtor and insiders of such affiliates; and any managing agent of the debtor. 11 U,S.C. § 101(31), -None. Insider's name and address Oates Total amountotvalU8 ReasonEl for payment or transfer Relationship to debtor 5. Repossessions, foreclosures, and returns Ust all property of the debtor Ihal was obtained by a credilor wlUiin 1 year before filing this case, including property repossessed by a creditOr, sOld at a foreclosure sale. transferred by a deed in lieu of foreclosure, or returned to the seller. Do not include property ifsled in line 6. o None Creditors nam& and address Describe of the Property Date Value of property Michael and Waverly Parker all equipment and supplies listed on 2172016 $106,919.00 PO Box 559 schedule B Stanardsville, VA 22973 6. SlItoffs LIst any creditor, Including a bank or financial Institution. that within 90 days before filing this case set art or otherwise took anything from an account of the debtor without permission or refused to make a payment at the debtor's direction from an account of the debtor because the debtor owed a debt. - None Creditor's name and address DescrIption of the action creditor took Date action was Amount taken I@i. le,al Actions or Assignments 1. legal actions, admlnlstrattve proceedings. court actions. executions, attachments, or governmental audits List the legal actions, proceedings. investigations:. arbltratioos, medlatrons, and audits by federal or state agencies In which the debtor 'Was involved In any capacity-within 1 year before filing this case. o None. c.... uu. Nature of case Court or agency's name and Status of case Case number address 7< 1. Michael Parker v Premo Auto civil action Charlo_ville Circuit Court o Pending Body 315 East High Street o On appeal 15-379 Charlottesville, VA 22902 • Concluded 7.2. Pro Finishes Plus Inc v interrogatories Charlottesville General o Pending Premo Auto Body District Court o On appeal GV12-3812-02 East Market Street • Concluded Charlo_ville, VA 22902 <-- <-<-<~----<~<---- 8. Assignments and receivership USI any property !n the hands of an assignee for the benefit of credItors duling the 120 days before filing this case and any property [n the hands of a receiver, custodian. or other court-appointed officer within 1 year before filing this case, • NOne 'a,- Certain Gifts and Charttable Contrt~uUons 9. List all gifts or charitable contrtbutlons the debtor gave to a recipient within 2 years before filing this case unless the aggregate value of the gifts 10 that recipient Is I... than $1,000 Official Form 207 Statement of Financial Affairs for Hon-lndlvlduals filing for Bankruptcy page 2 SofiW6re copyright {e} 1900-20'16 Bast Cau. i.t.C -WWN.b$$lcase.com Best Case Bankruptcy Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 19 of 27 Pageid#: 615 Case 16-61648 Doc 1.7 Filed O!lI::JU/lti t:.merea VO/.:lVfJ~ j.f .U.LUU V""" ,,,,,,u, Document Page 20 of 27 Oeblor ~Premo Auto Body Inc • None RecipIent's name and address Description or the gifts or contributions Dotes givon Value 'Wi•• Ce~",ln"-"L,,o.::; ....=,-_________ 10, Aliloss&s from fire, theft, or other casualty within 1 year before flUng this case. • None. Dol;crlplion of Ihe property tosland Amount of payments received for the loss Dates of loss Value of property how the loss occurred loat If you have I'$ceWed payments to cover the lOss, for example. t'rom ins1!nll'Ice, government compensation, or lort IIsbiity, !I$t the total received. List unpaid dalrn$ on Off.teial Form 100A1B (Scher:Me AlB: A$Sefs - Reel and P8ISonaJ PropeIty), 'm'M Certain Payments ~.r Transfers 11. Payments related to bankruptcy Ust any payments of money or other transfers of property made by the debtor or person acting on behalf of the debtor within 1 year before the filing of this case 10 another person or entity. including attorneys, that the debtor consulted about debt consoildation or restructuring, seeking bankruptcy rellef. or fiUng a bankruptcy case. o None. Who was paid or who received If not money, describe any property transferred Dates Total amount or the transfer? value Address 11.1. Timothy J. McGary 8e09 Westwood Center Drive, SuIte 203 Vienna, VA 22182-7521 Attorney F 06$ $3,900.00_._--_..__.._--_ ..- -- -~- Email or website address bankruptcy@!!!cgary.eom Who madelhe paym.n~ II nol doblor? 12. Sell..otlled trusts 01 which Iho dobtor Is a beneficiary List any payments or uansfers of property made by the debtot or a person acting on behalf of the debtor withIn 10 years before the filing of this case to a self..seltled trust or similar device. Do not Indude transfers already listed on this statement • None. Name of trust or device Describe any proporty transferred Dates transfer'S Total amount or were made value 13, Transfem not atready listed on this statement Ust any transfers of money Of other property by sale, trade, or any other means made by the debtor or a person acting on behalf of the debtor within 2 yeal'S before the filing of this case to another petSOn, other than property transferred in the ordinary course of business or financial affairs, Include both outright transfel'S and transfers made as security, Do not include gifts or transfers previously listed on this statement • None. Who received transfer? Description of property transferred or Date transfer Total amount or Address payments received or debl$ paid In exchange was made value 'UM Prevlous _~oeations"______________ ----«--.----- 14. Previous addresses Offic1al Porm 207 Statement of Flnanc.lal Affall'S for Non..Jndlvlduals Filing for Bankruptcy Scltwaro Ccpyrlght (e) 1996-2016 8&st CMe, LLC • www.besle&se.com Best Case Bankruptcy Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 20 of 27 Pageid#: 616 Case 16-61648 Doc'7 FUed 08/30116 Entered 08/30llF 1.7:01:UU uesc lVIalll Document Page 21 of 27 Debtor Premo Auto Body Ill. Case number (ifknownJ 16·61648 Ust all previous addresses used by the debtor within 3 years before filing this case and the dates the addresses were used. • Does not apply Address Dates of occupancy From~To 'WiiM Heal~.C~re Ba~",k..ru..p,-,t.",I",."s____________~ 15. Health Care bankruptcies Is the debtor primarily engaged in offering services and facilities for: - diagnosing or treating injury, deformity, or disease, or - pro'lliding any surgical, psychiatric. drug treatment, or obstetric care? • No. Go 10 Part 9. o Yes, Fill in the information below. Facility name and address Nature ot the business operation, Including type of services If debtor provides meals the debtor provides and housing, number of patients In debtors care Ipm" Personally Identlfl~"b"I.,-,I",n"lo"r!!m"'.'"tI",o"n___________________..__ ..__.. _________ 16, Does the debtor collect and retain personally Identifiable information of customers? • No.o Ves, State the nature of the information collected aod retained. 17. Within 6 ye.rs boforoliling this case, have any employees '" tho d.btor b••n participants In any ERISA, 4Gl(kl, 4G3(bl, or other pension or protit~sharing plan made avaIlable by tho debtor as an employee benefit? • No, Go to Part 10. Cl Yes. Does the debtor serve as plan administrator? .id'....Cartain Flnanclal Accounts, Saf~ Dep~slt Boxe~! and ~torage. Unit$.~.___ 18, Closed financial accounts Within 1 year before filing this case, were any financial accounts or Instruments held in the debtor's name, or for the debtor's benefit, closed, sold, moved, or transferred? Include che<;king, savings, money market. or other financial accounts; cerUficates of deposit; and shares in banks, credit unions, brokerage houses, cooperatives, associations, and other financIal institutions . • None Financial Institution name and Address u.st 4 digits 01 account number Type of account or instrument Date aecount was CI05ed, sold, moved, or transferred last balance befora closing or transfer 19, Safe d.poslt box•• List any safe deposit box or other depository for securities, cash, or other valuables the debtor now has or did have within 1 year before filing this case, • None Depository Institution name and address Names ot anyone with Description of the contents Do you sIlll accesston have it? Address 20. Off-pramlses storage List any property kept in storage units or warehouses within 1 year before filing this case, Do not include facilities tflat are In a part of a bullding in which the debtor dOes business. Offid4IJ Form 207 Statement of Finam:hd Affal ... for Non·lndMduala Filing for Bankruptcy page 4 Bes~ Cue Banlil\.lp1cy Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 21 of 27 Pageid#: 617 Case 16-61648 Doc 1,7 Filed 08/30/16 Enterea UtlMU/1" l {;UJ.:uu ut::"" ... all, Document Page 22 of 27 Ca.e number ("Co_) 18-61848 ~~~---- _ None Facility name and address Names of anyone with Description of the contents Do you still access to tt have It? ':ml ,- Property the Debtor Hol.ds or Controls Tha~ the ~Gbtor Does N~t Own 21. Property held for another US! any property that the debtor holds or controls that another entity owns. Include any property borrowed from, being stored for, or heklln truSt. Do not fist leased or rented property, -None lfil.- Details About Envl~n~en~ ln~~m=at",lo"n,-___ For the purpose of Part 12, the following definitions apply: Environmentsi Jaw means any statute or governmental regulation that concerns pollution. contamination, or hazardous material, regardless of the medium affected (air, land, water, or any other medium). Site means any location, facility, or property, inclUdIng disposal sites, that the debtor now owns, operates, or utilizes or that the debtor formerly owned, operated, or utilized, Hazardous material means anything that an environmental law defines as hazardous or toxic, or describes as a pollutant, contaminant, or a similarly harmful substance. Report all notices, ~Ieases, and proceedings known. I'9gardless of when they occurred. 22. Has the debtor beon a party In any Judicial or administrattve proceeding under any environmental laW? Include settlements and orders, _ No. o Yes. Provide details below. c.... tiu. Court or agency name and Nature of the case Status of case Case number address 23. Has any governmental unit otherwise notified the debtor that the debtor may be liable or potentially liable under or In violation of sn environmental law? - No. o Yes. Provide details below. Site name and address Governmental un1t name and Environmental law, If known Date of notice address 24. Has the debtor notified any governmental unit of any release of hazardous materlal? - No. o Yes. Provide details below. Sito name and address Governmental unit name and Environmental law, If known Date of notice address 'aml '- Pet.ails _~bout the Debtor's Business o~ Connectlo'.'s to~~Y S,:,sine!.&,--_~______~ 25. Other businessss In which the debtor has or has had an In!emst List any buSiness for which the debtor was an owner, partner, member, or otherwise a person in control within 6 years before flUng this case. Include this information even if already listed in lhe Schedules. -None OfrICal Form 207 statement 01 Financial Affaira to, Non-Individuals Filing for Bankruptcy pageS Software Copyright (e) 1900-20',8 Best Case. LlC - WWW.bestease,COOl Bet.t Calle Bel1kruplcy Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 22 of 27 Pageid#: 618 Case 16-61648 Doc 1.7 Filed 08/30/16 Entered 081::1UI1" 11:U.L:UU Ut;"" !Vlall! Document Page 23 of 27 Business name address Describe the nature of the business Employer ldent1flcatton number 00 not include Social Security number or ITIN. Oates business exIsted 26, Books, records, and financial statements 26a, List all accountants and bookkeepers who maintained the debfor's books and records within 2years before f~ing this case, D None Name and address Date of service From·To 268.1. Becky Crenshaw present 1501 6th Street se _.~.~" Charlottesvme~,~V,-,A:2",290=2___~_ 26a.2. Phillip Dyer present 1360 Pleasant Valley Lane . Keswick, VA 22947 26b. Ust all firms or )ndivlduals who have audited, complied, or reviewed debtor's books of account and records or prepared a financial statement within 2 years before filing this case, • None 26e. List all firms or individuals who 'NE!re In possesSIon of the deb'or's books of account and records when this case is filed . • None Name and address If any books of account and records are unavailable, explain why 2Sd, List all financial instftutions, creditors, and other parties, including mercantile and trade agencies, to whom the debtor 1ssued a financial statement within 2 years before tiling this case . • None Hame and address 27. Inventories Have any inventories of the debtor's property been taken within 2 years before filing this case? D No • Yes. Give the details about the two most recent inventorIes. Name of the person who aupervlsed the taking of the Oate Of Inventory The dollar amount and basJs (cost, market. Inventory or other basis) of each Inventory 27.1 Becky Crenshaw 6 3 2016 $103,042 market value -~"--.~"-.-.-.--~ ~"-.~~.-.~ ~.-~.-.~"-~--~-- Nama and address of the person who has possession of Inventory records George Mayo 1501 6th Street se Charlottesville, VA 22902 28. LJst the debtors officers, directors. managing members, general partners, members In control. controlling shareholders, or other people In control of the debtor at the time of the flilng of this case. Name Addr.... POSltlon and nature of any % Of intemst, If Interest any George Mayo 312 Minor Ridge Road president treasurer majority 100 Charlottesville, VA 22901 shareholder· -.~.~"~..~-~~"-~.-"-.-.~-~ ~"~-~.-"-.-.~-.~"-<--~.--"~-"~.-~.- Official Form 207 Sttrlament of Financial Affairs for Non-lndMdusls FUing for Bankruptcy pageS scrtwaraCoPYlight{c) 199B"20~6 Bas1.Case. LlC -mffl,bestoJsacom Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 23 of 27 Pageid#: 619 Case 16-61648 Doc 17 Filed 08/30/16 Entered UtlljUllt- If:Ul:UU ut:~t.; IVlet'" Document Page 24 of 27 Debto, Premo Aula Body Inc Case number (if MOWn) 16--61648 .. .. ..~~~ ~ ~~- ~~ ~ 29, Within 1 year before the filing of this case, did the debtor have officers. directors, managing members, general partners, members In control of the debtor. or shareholders In control of the debtor who no longer hold these positions? _ No o Yes. Identify below. 30. Payments, dJstrlbutlons, or withdrawals credited or given to insiders Within 1 year before filing this case, did the debtor provide an Insider with value In any form, including salary. other compensation, draws. bonuses, loans, credits on loans, stoct redemptions, and options exercised? o No - Ves. Identify below. Name snd address 01 recipient Amount of money Or description and vatue of Dates Reason for property providing the value 30.1 George Mayo 312 Minor Ridge Road $18850 past year salaryCharl~tlllsviUe! VA 22901 ---~-~~~ ~---.~--.. ..-~..-- Relationship to debtor president 31, Within 6 years before filing this case, has the debtor been a member of any consolidated group for tax purposes? • No o Yes. Identify below. Name of the parent corporation Employer Identiflcatlon number of the parent corporation 32. Within 6 years before flling this case, has the debtor as an employer been responsible for contributing to a peMlon fund? • No o Ve•. Identify below. Name of the parent corporation Employer IdenUflcatlon number of the parent corporation ':mile- Signature and Decla~lon__________~__~_ WARNING - Bankruptcy fraud is a serious crime. Making a false statement, concealing property, or obtaining money or property by fraud in connection With a bank!1.lptcy case can result In fines uP to $5O(},000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152.1341, 1519, and 3571. 1have examined the information in this Statement of Financial Affairs and any attachments and have a reasonable belief that the informatlon is true and correct I declare under penalty of perjury that the foregoing Is true and correct. Executed on August 30, 2016 ./s/ .(3-""'l!e Alex Mayo Jr Signature 01 individual Signi"ng;::;o:::n"b::ehha;;;ff'o::'f",hhe:-;;de::'bt=o,; Position or relationship to debtor Pres~.deJ!t___._~__ -~-~. Are additional pages to Statement ofFinancial Affairs for Non~/nd;virhJaJs Filing for Bankruptcy (Official form 2(7) attached? -No OVes Official Form 207 Statement $1 Case 8ankruplq Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 24 of 27 Pageid#: 620 Case 16-61648 Doc 17 Hleo Utl/~UI10 t:mereu VOI';)V/J." If .VJ..VV uc.,,, ""... " Document Page 25 of 27 1>2030 (Form 2030) (12115) United States Bankruptcy Court Western District of Virginia In re Premo Auto Body Inc Case No. 16·61648 Debtor(s) Chapter 11 DISCLOSURE OF COMPENSATION OF ATTORNEY FOR DEBTOR{S) I. Pursuant to 11 U 's.c. § 329(a) and Fed. Bank!, p, 20!6(b),! corti!}; lItat 1 am the attorney for the above named debtor(.} IUld that compensation paid to me within one year before the filing of the petition in bankruptcy, or agreed to be paid to me, for serviees rendered or to be rendered on behalfof the debtor{s) in contemplation of or in connection with the bankrupteyease is as foHows: For legal serviceS:! I have agreed to aeeept.......... s Prior to the filing of this statement I have received. $ Balance Due $ 0.00 2. The souree of the compensation paid to me was: • Debtor D Other (specilY): 3, The sourCe ofcompensation to be paid to me is: • Debtor D Other (speci!};): 4, • I have not agreed to share the above~disclosed compensation with any othcr person unless they are members and associates ofmy law firm. o I have agreed to share the above-disclosed compensation with a person or persons who are not members or associates of my law firm, A copy of the agreement, together with a list of the names of the people sharing in the compensation is attached. 5, In return for the above-di.'iclosed fce) I have agreed to render legal service for all aspects of the bankruptcy casc, including: a. Analysis ofthe debtor's financial situation, and rendering advice to the debtor in determining whether to file a petition in bankruptcy; b. Preparation and filing ofany petition. schedules, statement ofatraiTS and plan which may be required; e, Representation of the debtor at the meeting of creditors and confirmation hearing. and any adjourned hearings rnereuf; d. [Other provisions as needcd] Negotiations with secured creditors to reduce to market value; exemption planning; preparation and filing of reaffirmation agreements and applications as needed; preparation and filing of motions pursuant to 11 USC 522(f){2)(A) for avoidance of liens on household goods. 6. By agreement with the dcbtor(s). the above..oisc1osed fee does not include the foUowing service; Representatlon of the debtors In any dischargeabilily actions, JudIcial lien avoIdances, relief from stay actions or any other adversary proceeding. ,------_.. CERTIFICATION I certHy that the foregoing is a complete statement of any agreement or arrangement for payment to me for representation of the debtor(s) in this bankruptcy proceeding. August 30, 2016 ~'I1mothy J, McGary_~__ .. ___ Date Timothy J. McGary 21208 Signature ofAllf>mey Timothy J, McGary 8609 Westwood Center Drive, Suite 203 Vienna, VA 22182-7521 703.352.4985 Fax: 703.352.5938 _"ankruJ!!Cl'@rn..c9!.l}f&()!lL _~~..____ . ___~~~ Name oflaw firm Soltwere.Copyrighl (c) 1995-2016 Be$tCase, LLC· www.bmcasacom Best Cas0 S/)rf,;tuptcy Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 25 of 27 Pageid#: 621 \...ase ltl-tlltl4tl UOC -, I I-lleo Utl/CiUlltl cntereo Utl/CiU/1" l/:Ul:UU uesc lVIaln Document Page 26 of 27 United States Bankruptcy Court Western District of Virginia In re Premo Auto Body Inc C... No. 16·61648 -~~------- Debtor(s) Chapter :cll,,"-~~~~_ liST OF EQUITY SECURITY HOI,DERS Following is the list of the Debtor's equity security holders which is prepared in aecordance with rule l007(a){3) for filing in this Chapter 11 Case Name and last known address or place of Security Class Number ofSecurities ofInterest business ofholder George Mayo common 100 312 Minor Ridge Road Charlottesville, VA 22901 DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF CORPORATION OR PARTNERSHIP I, the President of the corporation named as the debtor in this case, declare under penalty of perjury that I have read the foregoing List ofEquity Security Holders and that it is true and correct to the best of my information and belief. Date Au~u.t3o, 2016~~~~~___~ Signature ",, George Ale,. Mayo Jr George Alex Mayo Jr PeneTtyfor making a false $Ialement ofconcealing property: Fine ofup to $500,000 or imprisonment for up to 5 years or both, t8 U-S_C_ §§ 152 and )571. Sheet 1 of I in List ofEquity Security Holders SotIW l t:U.L:UU U~~(; IVlii111 Document Page 27 of 27 United States Bankruptcy Court Western District of Virginia In re Premo Aulo Body Inc Case No. 16-61648 Debtor(s) Chapter 11 - ...--.. --~ VERIFICATION OF CREDITOR MATRIX I, the President of the corporation named as the debtor in this case, hereby veri/}' that the attached list ofcreditors is true and correct to the best of my knowledge. lsi George Alex Mayo Jr .._~__ ....__._.._ ..__..__ George Alex Mayo JrlPresldent SignerlTitle 8est Case Bankruplc.y Case 3:17-cv-00001-GEC Document 60-3 Filed 07/05/17 Page 27 of 27 Pageid#: 623