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 13-32907-dof Doc 1 /s/ Scott A. Wolfson _____________________________________ _____________________________________ Debtor Debtor’s Attorney Name: Scott A. Wolfson Bar Number: P53194 Address: 3150 Livernois, Suite 275 Troy, Michigan 48083 Filed 08/23/13 Entered 08/23/13 16:56:39 Page 1 of 10 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 13-32907-dof 1 Filed 08/23/13 million million million to $100 to $500 to $1 billion Page $1 billion Entered 08/23/13 16:56:39 2 of 10 million 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)). 13-32907-dof Doc 1 Filed 08/23/13 Entered 08/23/13 16:56:39 Page 3 of 10 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. 13-32907-dof Doc 1 Filed 08/23/13 Entered 08/23/13 16:56:39 Page 4 of 10 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 } 13-32907-dof Doc 1 Filed 08/23/13 Entered 08/23/13 16:56:39 Page 5 of 10 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 } 13-32907-dof Doc 1 Filed 08/23/13 Entered 08/23/13 16:56:39 Page 6 of 10 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 13-32907-dof Doc 1 Filed 08/23/13 Entered 08/23/13 16:56:39 Page 7 of 10 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 13-32907-dof 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 13-32907-dof Doc 1 Filed 08/23/13 Entered 08/23/13 16:56:39 Page 9 of 10 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: 13-32907-dof Doc 1 Filed 08/23/13 Entered 08/23/13 16:56:39 Page 10 of 10
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