Case 12-40512 Doc 1 Filed 03/02/12 Entered 03/02/12 10:20:34 Desc Main Document Page 1 of 83 B1 (Official Form 1)(12/11) United States Bankruptcy Court Voluntary Petition Eastern District of Texas }bk1{Form 1. Voluntary Petition}bk{ Name of Debtor (if individual, enter Last, First, Middle): Name of Joint Debtor (Spouse) (Last, First, Middle): Roundtable Corporation All Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): (include married, maiden, and trade names): Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN) No./Complete EIN (if more than one, state all) (if more than one, state all) 76-0000037 Street Address of Debtor (No. and Street, City, and State): Street Address of Joint Debtor (No. and Street, City, and State): 1000 Emerald Isle, Suite 101 Dallas, TX ZIP Code ZIP Code 75218 County of Residence or of the Principal Place of Business: County of Residence or of the Principal Place of Business: Throughout East TX Mailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address): ZIP Code ZIP Code Location of Principal Assets of Business Debtor Throughout East Texas (if different from street address above): Type of Debtor Nature of Business Chapter of Bankruptcy Code Under Which (Form of Organization) (Check one box) (Check one box) the Petition is Filed (Check one box) Individual (includes Joint Debtors) Health Care Business Chapter 7 See Exhibit D on page 2 of this form. Single Asset Real Estate as defined Chapter 9 Chapter 15 Petition for Recognition Corporation (includes LLC and LLP) in 11 U.S.C. § 101 (51B) of a Foreign Main Proceeding Chapter 11 Partnership Railroad Chapter 12 Chapter 15 Petition for Recognition Other (If debtor is not one of the above entities, Stockbroker Chapter 13 of a Foreign Nonmain Proceeding check this box and state type of entity below.) Commodity Broker Clearing Bank Chapter 15 Debtors Other Nature of Debts Country of debtor's center of main interests: Tax-Exempt Entity (Check one box) (Check box, if applicable) Debts are primarily consumer debts, Debts are primarily Debtor is a tax-exempt organization defined in 11 U.S.C. § 101(8) as business debts. Each country in which a foreign proceeding by, regarding, or against debtor is pending: under Title 26 of the United States "incurred by an individual primarily for Code (the Internal Revenue Code). a personal, family, or household purpose." Filing Fee (Check one box) Check one box: Chapter 11 Debtors Full Filing Fee attached Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D). Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D). Filing Fee to be paid in installments (applicable to individuals only). Must Check if: attach signed application for the court's consideration certifying that the Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) debtor is unable to pay fee except in installments. Rule 1006(b). See Official are less than $2,343,300 (amount subject to adjustment on 4/01/13 and every three years thereafter). Form 3A. Check all applicable boxes: Filing Fee waiver requested (applicable to chapter 7 individuals only). Must A plan is being filed with this petition. attach signed application for the court's consideration. See Official Form 3B. 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 1- 50- 100- 200- 1,000- 5,001- 10,001- 25,001- 50,001- OVER 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 Estimated Assets $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million Estimated Liabilities $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million Case 12-40512 Doc 1 Filed 03/02/12 Entered 03/02/12 10:20:34 Desc Main Document Page 2 of 83 B1 (Official Form 1)(12/11) Page 2 Name of Debtor(s): Voluntary Petition Roundtable Corporation (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: Date Filed: Where Filed: - None - Location Case Number: Date Filed: Where Filed: Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet) Name of Debtor: Case Number: Date Filed: Food Service Holdings Ltd 12-40510 3/01/12 District: Relationship: Judge: Eastern Wholly Owned Subsidiary Rhoades Exhibit A Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) (To be completed if debtor is required to file periodic reports (e.g., I, the attorney for the petitioner named in the foregoing petition, declare that I forms 10K and 10Q) with the Securities and Exchange Commission 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 pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 under each such chapter. I further certify that I delivered to the debtor the notice and is requesting relief under chapter 11.) 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. 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. 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 in 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)). Case 12-40512 Doc 1 Filed 03/02/12 Entered 03/02/12 10:20:34 Desc Main Document Page 3 of 83 B1 (Official Form 1)(12/11) Page 3 Name of Debtor(s): Voluntary Petition Roundtable Corporation (This page must be completed and filed in every case) 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 I declare under penalty of perjury that the information provided in this petition petition is true and correct. is true and correct, that I am the foreign representative of a debtor in a foreign [If petitioner is an individual whose debts are primarily consumer debts and proceeding, and that I am authorized to file this petition. has chosen to file under chapter 7] I am aware that I may proceed under (Check only one box.) 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. I request relief in accordance with chapter 15 of title 11. United States Code. [If no attorney represents me and no bankruptcy petition preparer signs the Certified copies of the documents required by 11 U.S.C. §1515 are attached. petition] I have obtained and read the notice required by 11 U.S.C. §342(b). 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 I request relief in accordance with the chapter of title 11, United States Code, recognition of the foreign main proceeding is attached. specified in this petition. X X Signature of Foreign Representative Signature of Debtor Printed Name of Foreign Representative X Signature of Joint Debtor Date Telephone Number (If not represented by attorney) Signature of Non-Attorney Bankruptcy Petition Preparer I declare under penalty of perjury that: (1) I am a bankruptcy petition Date 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 Signature of Attorney* 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 X /s/ Mark A. Weisbart chargeable by bankruptcy petition preparers, I have given the debtor notice Signature of Attorney for Debtor(s) 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. Mark A. Weisbart 21102650 Official Form 19 is attached. Printed Name of Attorney for Debtor(s) The Law Offices of Mark A. Weisbart Printed Name and title, if any, of Bankruptcy Petition Preparer Firm Name 12770 Coit Road, Suite 541 Dallas, TX 75251 Social-Security number (If the bankrutpcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition Address preparer.)(Required by 11 U.S.C. § 110.) (972) 628-3694 Fax: (972) 628-3687 Telephone Number March 2, 2012 Address Date *In a case in which § 707(b)(4)(D) applies, this signature also constitutes a X certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect. Date Signature of Debtor (Corporation/Partnership) Signature of bankruptcy petition preparer or officer, principal, responsible person,or partner whose Social Security number is provided above. 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. Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is The debtor requests relief in accordance with the chapter of title 11, United not an individual: States Code, specified in this petition. /s/ John W. Beakley X Signature of Authorized Individual John W. Beakley If more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. Printed Name of Authorized Individual President A bankruptcy petition preparer’s failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in Title of Authorized Individual fines or imprisonment or both. 11 U.S.C. §110; 18 U.S.C. §156. March 2, 2012 Date Case 12-40512 Doc 1 Filed 03/02/12 Entered 03/02/12 10:20:34 Desc Main Document Page 4 of 83 Case 12-40512 Doc 1 Filed 03/02/12 Entered 03/02/12 10:20:34 Desc Main Document Page 5 of 83 B4 (Official Form 4) (12/07) United States Bankruptcy Court Eastern District of Texas In re Roundtable Corporation Case No. Debtor(s) Chapter 11 LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS Following is the list of the debtor's creditors holding the 20 largest unsecured claims. The list is prepared in accordance with Fed. R. Bankr. P. 1007(d) for filing in this chapter 11 [or chapter 9] case. The list does not include (1) persons who come within the definition of "insider" set forth in 11 U.S.C. § 101, or (2) secured creditors unless the value of the collateral is such that the unsecured deficiency places the creditor among the holders of the 20 largest unsecured claims. If a minor child is one of the creditors holding the 20 largest unsecured claims, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See 11 U.S.C. § 112; Fed. R. Bankr. P. 1007(m). (1) (2) (3) (4) (5) Name of creditor and complete Name, telephone number and complete Nature of claim (trade Indicate if claim is Amount of claim mailing address including zip mailing address, including zip code, of debt, bank loan, contingent, [if secured, also code employee, agent, or department of creditor government contract, unliquidated, state value of familiar with claim who may be contacted etc.) disputed, or security] subject to setoff ADQ ADQ 402,735.51 NW 5813 NW 5813 PO Box 1450 PO Box 1450 Minneapolis, MN 55485-5813 Minneapolis, MN 55485-5813 Al & Cheryl Feese Al & Cheryl Feese 42,000.00 22430 Alameda Del Monte 22430 Alameda Del Monte Windomar, CA 92595 Windomar, CA 92595 Amy Beakely Amy Beakely 152,082.15 4362 Childress Trail 4362 Childress Trail Frisco, TX 75034 Frisco, TX 75034 Arboleda Corporation Arboleda Corporation 31,866.64 20878 S Mountain Rd 20878 S Mountain Rd Santa Paula, CA 93060 Santa Paula, CA 93060 Beakley & Associates, P.C. Beakley & Associates, P.C. 342,768.26 6102 Chicago Ave 6102 Chicago Ave Lubbock, TX 79424 Lubbock, TX 79424 Commerce Resource Group Commerce Resource Group 308,480.88 6102 Chicago Ave 6102 Chicago Ave Lubbock, TX 79424 Lubbock, TX 79424 D&S Chamber Investments, D&S Chamber Investments, LLC 35,000.00 LLC Jackson Walker L.L.P. c/o Scott Jackson Walker L.L.P. c/o Wheatley Scott Wheatley 777 Mains Street, Suite 2100 777 Mains Street, Suite 2100 Forth Worth, TX 76102 Forth Worth, TX 76102 Dell Business Credit Dell Business Credit 73,064.65 Payment Processing Payment Processing P.O. Box 5275 P.O. Box 5275 Carol Stream, IL 60197-5275 Carol Stream, IL 60197-5275 Ezequiel Reyes Ezequiel Reyes 30,000.00 161 CR 3312 161 CR 3312 Cleveland, TX 77327 Cleveland, TX 77327 Joel Beakley Joel Beakley 30,000.00 423 Fairland Drive 423 Fairland Drive Wylie, TX 75098 Wylie, TX 75098 Software Copyright (c) 1996-2012 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 12-40512 Doc 1 Filed 03/02/12 Entered 03/02/12 10:20:34 Desc Main Document Page 6 of 83 B4 (Official Form 4) (12/07) - Cont. In re Roundtable Corporation Case No. Debtor(s) LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS (Continuation Sheet) (1) (2) (3) (4) (5) Name of creditor and complete Name, telephone number and complete Nature of claim (trade Indicate if claim is Amount of claim mailing address including zip mailing address, including zip code, of debt, bank loan, contingent, [if secured, also code employee, agent, or department of creditor government contract, unliquidated, state value of familiar with claim who may be contacted etc.) disputed, or security] subject to setoff John & Rochelle Bain John & Rochelle Bain 77,451.25 Rochelle E Bain Trust Rochelle E Bain Trust 3 Josepha Ave 3 Josepha Ave San Francsico, CA 94132 San Francsico, CA 94132 Labatt Food Service Labatt Food Service 403,995.29 PO Box 137 PO Box 137 San Antonio, TX 78291 San Antonio, TX 78291 Mary Lou Cox Mary Lou Cox 55,338.60 18 Terranova Dr. 18 Terranova Dr. Antioch, CA 94509-5528 Antioch, CA 94509-5528 Michael & Joan Mary Michael & Joan Mary Marcella 45,833.35 Marcella 19721 Coastline Lane 19721 Coastline Lane Hunttington Beach, CA 92648 Hunttington Beach, CA 92648 Michael Beakley Michael Beakley 95,000.00 8315 San Cristobal Dr 8315 San Cristobal Dr Dallas, TX 75218 Dallas, TX 75218 TDQOC TDQOC 955,110.43 Tammy Southard, Avertising Tammy Southard, Avertising Fund Fund PO Box 970009 PO Box 970009 Dallas, TX 75397 Dallas, TX 75397 The Evans Family Trust The Evans Family Trust 35,033.10 221 Avenida Santa Barbara 221 Avenida Santa Barbara La Habra, CA 90631 La Habra, CA 90631 The Tong Family Estate The Tong Family Estate 33,169.00 20321 Colonial Circle 20321 Colonial Circle Huntington Beach, CA 92646 Huntington Beach, CA 92646 The Wasserstrom The Wasserstrom Company-AMEX 47,268.65 Company-AMEX Attn:Tanya Woodrum Attn:Tanya Woodrum 477 S. Front St. 477 S. Front St. Columbus, OH 43215 Columbus, OH 43215 Wilport, LLC. Wilport, LLC. 30,000.00 C/o Bill Tuttle C/o Bill Tuttle 208 Marsh St 208 Marsh St Beaufort, NC 28516 Beaufort, NC 28516 Software Copyright (c) 1996-2012 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 12-40512 Doc 1 Filed 03/02/12 Entered 03/02/12 10:20:34 Desc Main Document Page 7 of 83 B4 (Official Form 4) (12/07) - Cont. In re Roundtable Corporation Case No. Debtor(s) LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS (Continuation Sheet) DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF A 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 and that it is true and correct to the best of my information and belief. Date March 2, 2012 Signature /s/ John W. Beakley John W. Beakley President 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. Software Copyright (c) 1996-2012 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 12-40512 Doc 1 Filed 03/02/12 Entered 03/02/12 10:20:34 Desc Main Document Page 8 of 83 Revised 7/2001 LRBP Appendix 1007-b-6 United States Bankruptcy Court Eastern District of Texas In re Roundtable Corporation Case No. Debtor(s) Chapter 11 VERIFICATION OF CREDITOR MATRIX I, the President of the corporation named as the debtor in this case, hereby verify that the attached list of creditors is true and correct to the best of my knowledge. Creditor Matrix Format (check one): Diskette: Paper: X Software Copyright (c) 1996-2012 CCH INCORPORATED - www.bestcase.com Best Case Bankruptcy Case 12-40512 Doc 1 Filed 03/02/12 Entered 03/02/12 10:20:34 Desc Main Document Page 9 of 83 }bk1{Creditor Adres Matrix}bk{ 3oh3 LLC PO Box 543 Milltown NJ 08850 A F "Buddy" Skeen McLennan County Tax Assessor & Collector PO Box 406 Waco TX 76703 AAA Electric Co PO Box 31029 Amarillo TX 79120 AAA Signs 6337 Canyon Drive Amarillo TX 79110 Aaron, M'Kaila 500 ross Vega TX 79092 Abellaneda, Ambrocio 3507 Brandon Dallas TX 75211 Acosta, Cristina 1000 Dallas Street Wellington TX 79095 Acosta, Jorge 1114 S Maddox Dumas TX 79029 Action Alarm P O Box 2513 Hobbs NM 88241 Adame, Faith 703 W Austin Port Lavaca TX 77979 ADQ NW 5813 PO Box 1450 Minneapolis MN 55485-5813 Advantage Leasing 324 E Wisconsin Ave Milwaukee WI 53202 AFA Inc - AMEX P O Box 3604 1703 East 50th Lubbock TX 79452 Case 12-40512 Doc 1 Filed 03/02/12 Entered 03/02/12 10:20:34 Desc Main Document Page 10 of 83 Aggieland Septic Service 15601 FM 974 Bryan TX 77808 Aguinaga, Alvina 241 So Main St Trent TX 79561 Aguirre, Ana 313 N, Starnes Grapevine TX 76051 Al & Cheryl Feese 22430 Alameda Del Monte Windomar CA 92595 Albarado, Monica 1306 columbia st Friona TX 79035 Aldape, Oralia PO Box 140 Olton TX 79064 Aleman, Jennifer 204 kennedy Waco TX 76706 Alexander, Brianna po box 825 Panhandle TX 79068 Alexander, Tamara 1106 E Texas Hobbs NM 88240 All Season Air 510 N Martin Luther King Mexia TX 76667 Allemand, Len 107 Avd F Hereford TX 79045 Allen, Amber 1603 Derrick Drive Haskell TX 79521 Allen, Janice 1325 daja lane Grand prarie TX 75050 Allied Waste Services PO Box 78829 Phoenix AZ 85062-8829