UNITED STATES BANKRUPTCY COURT
Revised 05/08
Eastern District of Michigan
In re:
Four Dogs, LLC
Case No.
Debtor(s).
/
BANKRUPTCY PETITION COVER SHEET
(The debtor must complete and file this form with the petition in every bankruptcy case. Instead of filling in the boxes on the
petition requiring information on prior and pending cases, the debtor may refer to this form.)
Part 1
“Companion cases,” as defined in L.B.R. 1073-1(b), are cases involving any of the following: (1) The same debtor; (2) A corporation and any majority
shareholder thereof; (3) Affiliated corporations; (4) A partnership and any of its general partners; (5) An individual and his or her general partner; (6)
An individual and his or her spouse; or (7) Individuals or entities with any substantial identity of financial interest or assets.
Has a “companion case” to this case ever been filed at any time in this district or any other district? Yes ____
(If yes, complete Part 2.)
Part 2
X
No ____
For each companion case, state in chronological order of cases: (Attach supplemental sheets if necessary.)
First Case
Second Case
Third Case
Name on petition
Relationship to this case
Case Number
Chapter
Date filed
District
Division
Judge
Status/Disposition
(Pending, confirmed & still open, confirmed & closed, dismissed before/after confirmation, discharged, etc.)
If the present case is a Chapter 13 case, state for each companion case:
Attorney
_______________________
_______________________
_______________________
Legal fee
$
$
$
$____________________________
Proposed legal fee in this case
Changes in circumstances which lead the debtor to reasonably believe that the current plan will be successful.
Part 3 - In a Chapter 13 Case Only
The Debtor(s) certify, re: 11 U.S.C.§ 1328(f):
[indicate which]
9 Debtor(s) received a discharge issued in a case filed under Chapter 7, 11, or 12 during the 4-years before filing this case.
9 Debtor(s) did not receive a discharge issued in a case filed under Chapter 7, 11, or 12 during the 4-years before filing this case.
9 Debtor(s) received a discharge in a Chapter 13 case filed during the 2-years before filing this case.
9 Debtor(s) did not receive a discharge in a Chapter 13 case filed during the 2-years before filing this case.
I declare under penalty of perjury that I have read this form and that it is true and correct to the best of my information and belief..
/s/ Tibor Horvath
_____________________________________
Debtor
Date:
8/23/2013
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/s/ Scott A. Wolfson
_____________________________________ _____________________________________
Debtor
Debtor’s Attorney
Name: Scott A. Wolfson
Bar Number: P53194
Address: 3150 Livernois, Suite 275
Troy, Michigan 48083
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Phone:
(248) 247-7100
Email: [email protected]
B1 (Official Form 1) (04/13)
UNITED STATES BANKRUPTCY COURT
VOLUNTARY PETITION
EASTERN
DISTRICT OF MICHIGAN
__________
Name of Debtor (if individual, enter Last, First, Middle):
Name of Joint Debtor (Spouse) (Last, First, Middle):
Four Dogs, L.L.C.
All Other Names used by the Debtor in the last 8 years
(include married, maiden, and trade names):
All Other Names used by the Joint Debtor in the last 8 years
(include married, maiden, and trade names):
Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete
EIN (if more than one, state all): 90-0159563
Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN
(if more than one, state all):
Street Address of Debtor (No. and Street, City, and State):
Street Address of Joint Debtor (No. and Street, City, and State):
5985 King Road
Howell, Michigan
48843
ZIP CODE
County of Residence or of the Principal Place of Business:
ZIP CODE
County of Residence or of the Principal Place of Business:
LIVINGSTON
Mailing Address of Debtor (if different from street address):
Mailing Address of Joint Debtor (if different from street address):
ZIP CODE
Location of Principal Assets of Business Debtor (if different from street address above):
Type of Debtor
(Form of Organization)
(Check one box.)
ZIP CODE
ZIP CODE
Chapter of Bankruptcy Code Under Which
the Petition is Filed (Check one box.)
Nature of Business
(Check one box.)
Country of debtor’s center of main interests:
Health Care Business
Single Asset Real Estate as defined in
11 U.S.C. § 101(51B)
Railroad
Stockbroker
Commodity Broker
Clearing Bank
Other
Tax-Exempt Entity
(Check box, if applicable.)
Each country in which a foreign proceeding by, regarding, or
against debtor is pending:
Debtor is a tax-exempt organization
under title 26 of the United States
Code (the Internal Revenue Code).
X
Individual (includes Joint Debtors)
See Exhibit D on page 2 of this form.
Corporation (includes LLC and LLP)
Partnership
Other (If debtor is not one of the above entities, check
this box and state type of entity below.)
X
Chapter 15 Debtors
X
Filing Fee (Check one box.)
X
Chapter 7
Chapter 9
Chapter 11
Chapter 12
Chapter 13
Chapter 15 Petition for
Recognition of a Foreign
Main Proceeding
Chapter 15 Petition for
Recognition of a Foreign
Nonmain Proceeding
Nature of Debts
(Check one box.)
X Debts are
Debts are primarily consumer
debts, defined in 11 U.S.C.
primarily
§ 101(8) as “incurred by an
business debts.
individual primarily for a
personal, family, or
household purpose.”
Chapter 11 Debtors
Check one box:
Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D).
X
Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
Full Filing Fee attached.
Filing Fee to be paid in installments (applicable to individuals only). Must attach
signed application for the court’s consideration certifying that the debtor is
unable to pay fee except in installments. Rule 1006(b). See Official Form 3A.
Filing Fee waiver requested (applicable to chapter 7 individuals only). Must
attach signed application for the court’s consideration. See Official Form 3B.
Check if:
Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to
insiders or affiliates) are less than $2,490,925 (amount subject to adjustment
on 4/01/16 and every three years thereafter).
----------------------------------Check all applicable boxes:
A plan is being filed with this petition.
Acceptances of the plan were solicited prepetition from one or more classes
of creditors, in accordance with 11 U.S.C. § 1126(b).
Statistical/Administrative Information
THIS SPACE IS FOR
COURT USE ONLY
Debtor estimates that funds will be available for distribution to unsecured creditors.
Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for
distribution to unsecured creditors.
Estimated Number of Creditors
X
X
1-49
50-99
100-199
200-999
1,0005,000
$100,001 to
$500,000
$500,001
to $1
million
$1,000,001
to $10
million
5,00110,000
10,00125,000
25,00150,000
50,001100,000
Over
100,000
$10,000,001
to $50
million
$50,000,001
to $100
million
$100,000,001
to $500
million
$500,000,001
to $1 billion
More than
$1 billion
$50,000,001
$100,000,001
$500,000,001
More than
Estimated Assets
X
$0 to
$50,000
$50,001 to
$100,000
Estimated Liabilities
X
$0 to
$50,000
$50,001 to $100,001 to $500,001
$1,000,001
$10,000,001
$100,000
$500,000
toDoc
$1
to $10
to $50
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million
million
to $100
to $500
to $1 billion Page
$1 billion
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million
B1 (Official Form 1) (04/13)
Name of Debtor(s): Four Dogs, L.L.C.
Voluntary Petition
(This page must be completed and filed in every case.)
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.)
Location
Case Number:
Where Filed: NONE
Case Number:
Location
Where Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet.)
Case Number:
Name of Debtor:
NONE
District:
Relationship:
Date Filed:
Date Filed:
Date Filed:
Judge:
Exhibit A
Exhibit B
(To be completed if debtor is required to file periodic reports (e.g., forms 10K and
10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d)
of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.)
(To be completed if debtor is an individual
whose debts are primarily consumer debts.)
I, the attorney for the petitioner named in the foregoing petition, declare that I have
informed the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13
of title 11, United States Code, and have explained the relief available under each
such chapter. I further certify that I have delivered to the debtor the notice required
by 11 U.S.C. § 342(b).
Exhibit A is attached and made a part of this petition.
X
Signature of Attorney for Debtor(s)
(Date)
Exhibit C
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?
Yes, and Exhibit C is attached and made a part of this petition.
X
No.
Exhibit D
(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
Exhibit D, completed and signed by the debtor, is attached and made a part of this petition.
If this is a joint petition:
Exhibit D, also completed and signed by the joint debtor, is attached and made a part of this petition.
X
Information Regarding the Debtor - Venue
(Check any applicable box.)
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately
preceding the date of this petition or for a longer part of such 180 days than in any other District.
There is a bankruptcy case concerning debtor’s affiliate, general partner, or partnership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has
no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this
District, or the interests of the parties will be served in regard to the relief sought in this District.
Certification by a Debtor Who Resides as a Tenant of Residential Property
(Check all applicable boxes.)
Landlord has a judgment against the debtor for possession of debtor’s residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the
entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and
Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the filing
of the petition.
Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(l)).
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B1 (Official Form 1) (04/13)
Voluntary Petition
(This page must be completed and filed in every case.)
Page 3
Name of Debtor(s): Four Dogs, L.L.C.
Signatures
Signature(s) of Debtor(s) (Individual/Joint)
Signature of a Foreign Representative
I declare under penalty of perjury that the information provided in this petition is true
and correct.
[If petitioner is an individual whose debts are primarily consumer debts and has
chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12
or 13 of title 11, United States Code, understand the relief available under each such
chapter, and choose to proceed under chapter 7.
[If no attorney represents me and no bankruptcy petition preparer signs the petition] I
have obtained and read the notice required by 11 U.S.C. § 342(b).
I declare under penalty of perjury that the information provided in this petition is true
and correct, that I am the foreign representative of a debtor in a foreign proceeding,
and that I am authorized to file this petition.
(Check only one box.)
I request relief in accordance with chapter 15 of title 11, United States Code.
Certified copies of the documents required by 11 U.S.C. § 1515 are attached.
Pursuant to 11 U.S.C. § 1511, I request relief in accordance with the
chapter of title 11 specified in this petition. A certified copy of the
order granting recognition of the foreign main proceeding is attached.
I request relief in accordance with the chapter of title 11, United States Code,
specified in this petition.
X
X
Signature of Debtor
(Signature of Foreign Representative)
Signature of Joint Debtor
(Printed Name of Foreign Representative)
X
Telephone Number (if not represented by attorney)
Date
Date
Signature of Attorney*
X
Signature of Non-Attorney Bankruptcy Petition Preparer
/s/ Scott A. Wolfson
I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as
defined in 11 U.S.C. § 110; (2) I prepared this document for compensation and have
provided the debtor with a copy of this document and the notices and information
required under 11 U.S.C. §§ 110(b), 110(h), and 342(b); and, (3) if rules or
guidelines have been promulgated pursuant to 11 U.S.C. § 110(h) setting a maximum
fee for services chargeable by bankruptcy petition preparers, I have given the debtor
notice of the maximum amount before preparing any document for filing for a debtor
or accepting any fee from the debtor, as required in that section. Official Form 19 is
attached.
Signature of Attorney for Debtor(s)
Scott A. Wolfson
Printed Name of Attorney for Debtor(s)
Wolfson Bolton PLLC
Firm Name
3150 Livernois, Suite 275
Troy, Michigan 48083
Address
(248) 247-7100
Telephone Number
Printed Name and title, if any, of Bankruptcy Petition Preparer
8/23/2013
Date
Social-Security number (If the bankruptcy petition preparer is not an individual,
state the Social-Security number of the officer, principal, responsible person or
partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. § 110.)
*In a case in which § 707(b)(4)(D) applies, this signature also constitutes a
certification that the attorney has no knowledge after an inquiry that the information
in the schedules is incorrect.
Address
Signature of Debtor (Corporation/Partnership)
I declare under penalty of perjury that the information provided in this petition is true
and correct, and that I have been authorized to file this petition on behalf of the
debtor.
The debtor requests the relief in accordance with the chapter of title 11, United States
Code, specified in this petition.
X
X
Signature
Date
Signature of bankruptcy petition preparer or officer, principal, responsible person, or
partner whose Social-Security number is provided above.
/s/ Tibor Horvath
Signature of Authorized Individual
Tibor Horvath
Printed Name of Authorized Individual
Member and Authorized Representative
Title of Authorized Individual
Names and Social-Security numbers of all other individuals who prepared or assisted
in preparing this document unless the bankruptcy petition preparer is not an
individual.
Date
If more than one person prepared this document, attach additional sheets conforming
to the appropriate official form for each person.
8/23/2013
A bankruptcy petition preparer’s failure to comply with the provisions of title 11 and
the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or
both. 11 U.S.C. § 110; 18 U.S.C. § 156.
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ACTION BY WRITTEN CONSENT OF THE
MEMBERS OF FOUR DOGS, L.L.C.
Tibor Horvath and Lora Horvath (the “Members”), the members of Four Dogs, L.L.C.
(“Four Dogs”) holding 100% of the membership interests of Four Dogs, acting by written
consent without a meeting, hereby consent to and approve the following resolutions:
WHEREAS, the Members have concluded that it is in the best interests of Four Dogs to
file a voluntary petition for relief (the “Petition”) under Chapter 11 of the United States
Bankruptcy Code, 11 U.S.C. §§ 101-1532 (the “Bankruptcy Code”), and the Members wish to
approve such action; therefore, it is:
RESOLVED that Four Dogs is authorized to file a Petition in the United States
Bankruptcy Court for the Eastern District of Michigan (the “Bankruptcy Court”);
RESOLVED that Tibor Horvath, as the authorized representative of Four Dogs, is
authorized and empowered to (a) execute and verify the Petition and all other documents he
deems necessary to carry out the intent and accomplish the purpose of these resolutions,
including all documents required by the Bankruptcy Code, the Federal Rules of Bankruptcy
Procedure, the Local Rules of the Bankruptcy Court, Office of the United States Trustee or by
order of the Bankruptcy Court, (b) execute, verify, and file (or cause to be filed) any motions,
applications, declarations, and other documents necessary or desirable in connection with the
foregoing;
RESOLVED that Tibor Horvath and anyone designated by Tibor Horvath are authorized
to appear on behalf of Four Dogs in all proceedings before the Bankruptcy Court or otherwise
relating to the bankruptcy case commenced by the filing of the Petition (the “Bankruptcy Case”), and to otherwise do and perform all acts and deeds and to execute and deliver all necessary or
useful documents on behalf of Four Dogs in connection with the Bankruptcy Case;
RESOLVED that the law firm of Wolfson Bolton PLLC is authorized to represent Four
Dogs as debtor and debtor in possession in connection with Four Dog’s Bankruptcy Case and
other related matters;
RESOLVED that, in addition to the specific authorizations set forth above, Tibor Horvath
and his designees are authorized, on behalf of Four Dogs, to execute and deliver any and all
agreements, certificates, instruments, and other documents and to pay all expenses, including
filing fees, in each case as may be necessary or desirable, in Tibor Horvath’s judgment, to carry
out the intent and accomplish the purpose of the resolutions adopted herein and to comply with
all obligations and requirements relating to the Bankruptcy Case; and it is further
RESOLVED that Jennifer Horvath is appointed as a representative of Four Dogs and
authorized to act on behalf of Four Dogs in the absence or unavailability of Tibor Horvath, with
the same authorizations and empowerments granted to Tibor Horvath, above;
{00017094.DOCX 3 }
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RESOLVED that all actions lawfully taken or to be taken by Tibor Horvath or Jennifer
Horvath in connection with the implementation of these resolutions are hereby in all respects
ratified, confirmed, and approved.
IN WITNESS WHEREOF, the undersigned, being the members of Four Dogs holding
100% of the membership interests in Four Dogs, executes this Action signed this ____ day of
August, 2013.
______________________________
Tibor Horvath
______________________________
Lora Horvath
2
{00017094.DOCX 3 }
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UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MICHIGAN
In Re:
Four Dogs, L.L.C.
Debtor
Case No.
LIST OF EQUITY SECURITY HOLDERS
Following is the list of the Debtor’s equity security holders which is prepared in accordance with
Rule 1007, Fed. R. Bank. P. for filing in this Chapter 11 case.
Security Holder’s Registered Name
and Last Known Address or Place of
Business
Class of
Security
Number of
Securities or
Percentage
Tibor Horvath
6171 Dunham Road
Pipersville, PA 18247
membership
interest
50%
Equity Holder
Lora Horvath
6171 Dunham Road
Pipersville, PA 18247
membership
interest
50%
Equity Holder
Kind of Interest
DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF CORPORATION
OR PARTNERSHIP
I, Tibor Horvath, Member and authorized representative of the corporation named as the
debtor in this case, declare under penalty of perjury that I have read the foregoing List of Equity
Security Holders and that it is true and correct to the best of my information and belief.
Date:
8/23/2013
/s/ Tibor Horvath
Signature:
Printed Name: Tibor Horvath
Title: Member and authorized
representative
Penalty for making a false statement or concealing property: Fine of up to $500,000 or
imprisonment for up to 5 years or both. 18 U.S.C. §§ 152 and 3571.
List of Equity Security Holders – Page 1
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B 4 (Official Form 4) (12/07)
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF MICHIGAN
In re Four Dogs, L.L.C.
Case No.
Debtor
Chapter
11
LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS
(1)
Name of creditor and
complete mailing address,
including zip code
(2)
(3)
(4)
(5)
Name, telephone number
and complete mailing
address, including zip code,
of employee, agent, or
department of creditor
familiar with claim who
may be contacted
Nature of claim
(trade debt, bank loan,
government contract,
etc.)
Indicate if claim is
contingent,
unliquidated,
disputed or subject to
setoff
Amount of claim
[if secured also state
value of security]
Tibor and Lora
Horvath
6171 Durham Road
Pipersville, PA 18247
$1,630,800.00
Value of Security:
$0.00
Arthur and Yolanda
Rimbold
613 N. Retta
Esplanade
Punta Gorda, FL
33950
$591,876.00
Value of Security:
2nd Mortgage = $0.00
Michigan Commerce
Bank - Brighton
Office
8700 North Second
Street
Brighton , MI 481161290
Date:
$1,374,560.00
Value of Security
$1,100,000.00
8/23/2013
Four Dogs, L.L.C.
Debtor
DECLARATION UNDER PENALTY OF PERJURY
ON BEHALF OF A CORPORATION OR PARTNERSHIP
I, Tibor Horvath, an Member and Authorized Representative of Four Dogs, L.L.C. named
as the debtor in this case, declare under penalty of perjury that I have read the foregoing
List of Creditors Holding 20 Largest Unsecured Claims and that it is true and correct to the
best of my information and belief.
8/23/2013Doc 1
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Date:_________________
Filed 08/23/13
/s/ Tibor Horvath
__________________________________________
Entered 08/23/13 16:56:39 Page 8 of 10
Tibor Horvath, Member and Authorized Representative
David W. Brauer
Zichi & Brauer, P.C.
Counsel for Arthur and Yolanda
Rimb
Howell, MI 48843
Jennifer Horvath
5985 King Road
Howell, MI 48843
Pet Ritz Kennels, Inc.
5985 King Road
Howell, MI 48843
Arthur and Yolanda Rimbold
613 N. Retta Esplanade
Punta Gorda, FL 33950
Tibor and Lora Horvath
6171 Dunham Road
Pipersville, PA 18247
Michigan Commerce Bank Brighton O
8700 North Second Street
Brighton , MI 48116-1290
Township of Genoa
2911 Dorr Road
Brighton, MI 48116
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UNITED STATES BANKRUPTCY COURT
Eastern District of Michigan
In re:
Four Dogs, L.L.C.
Case No.
Debtors
Chapter
11
VERIFICATION OF CREDITOR MATRIX
The above named debtor(s), or debtor’s attorney if applicable, do hereby certify under penalty of perjury that the
attached Master Mailing List of creditors is complete, correct and consistent with the debtor's schedules pursuant to
Local Bankruptcy Rules and I/we assume all responsibility for errors and omissions.
Dated:
8/23/2013
Signed:
/s/ Tibor Horvath
Tibor Horvath, Member and Authorized Representative
Signed:
Dated:
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