Creditors’ Committee in Eclipse Aviation Bankruptcy Cases Appointed

The United States Trustee has appointed the members of the Official Committee of Unsecured Creditors in the Eclipse Aviation Corporation bankruptcy cases.  The members of the Creditors’ Committee are:

• Hampson Aerospace, Inc.
• Pratt & Whitney Canada Corp.
• Precision Aerostructures
• Strategic Aeronautics
• Gopal Gadodia
• Passport 500 LLC
• Joerg Koepping

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Charys Holding Company Files Proposed Plan of Reorganization and Disclosure Statement

Charys Holding Company, Inc. filed its proposed first amended plan of reorganization and disclosure statement yesterday.  The proposed disclosure statement estimates that holders of Charys’s 8.75% Senior Convertible Notes will recover approximately 32.5% of their claims and holders of general unsecured claims will recover between 0% and 15% of their claims. 

Copies of the proposed plan of reorganization and disclosure statement can be downloaded here.  Try the netDockets research system today and get your first $100 of research free with no further commitment.

Jancor Companies Files Schedules of Assets and Liabilities and Statement of Financial Affairs

Jancor Companies, Inc. filed its Schedules of Assets and Liabilities and its Statement of Financial Affairs yesterday.  The Schedules and Statement describe the company’s assets and liabilities in significant detail and include a list of all of the company’s known creditors (including disputed claims). 

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Ciena Capital Files Schedules of Assets and Liabilities and Statement of Financial Affairs

Ciena Capital LLC filed its Schedules of Assets and Liabilities and its Statement of Financial Affairs yesterday.  The Schedules and Statement describe the company’s assets and liabilities in significant detail and include a list of all of the company’s known creditors (including disputed claims). 

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Empire Land Bankruptcy Cases Converted to Chapter 7

The bankruptcy court entered an order converting the bankruptcy cases of Empire Land, LLC and its subsidiaries from cases under chapter 11 of the Bankruptcy Code to cases under chapter 7 of the Bankruptcy Code.  The Official Committee of Unsecured Creditors initially filed a motion seeking conversion of the cases on November 7, 2008.  The debtors whose cases were converted are as follows:

• Empire Land, LLC
• Aviat Homes, L.P.
• Empire Construction, L.P.
• Empire Global Holdings, L.P.
• Empire Residential Construction, L.P.
• Empire Residential Sales, L.P.
• Prestige Homes, L.P.
• Wheeler Land, L.P.

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EZ Lube, LLC Files First Day Applications and Motions

EZ Lube, LLC, which filed for bankruptcy this morning in Delaware, has filed motions and applications seeking authority to take or continue certain actions, including things such as paying employees, getting financing and paying certain vendors.  In addition, the company sought approval of bidding procedures for the sale of substantially all of its assets.  The following is a list of all of the “first day” pleadings filed by EZ Lube (click on the document title to view a copy of the actual document):

• Debtors’ Motion for Order Authorizing Joint Administration of Related Chapter 11 Cases
• Declaration of Stephen V. Coffey, Chief Restructuring Officer of the Debtors, In Suport of First Day Motions
• Motion of the Debtors for an Order Providing That Creditors’ Committees are Not Authorized or Required to Provide Access to Confidential Information of the Debtors or to Privileged Information
• Motion for Entry of an Order Pursuant to Sections 105(a), 363(c), 1107(a), and 1108 of the Bankruptcy Code Authorizing the Debtors to Honor Prepetition Obligations to Customers and to Otherwise Continue Customer Practices and Programs in the Ordinary Course of Business
• Debtors’ Motion for Entry of Interim and Final Orders Under Section 366 of the Bankruptcy Code (A) Prohibiting Utility Providers from Altering, Refusing or Discontinuing Service, (B) Deeming Utilities Adequately Assured of Future Performance, and (C) Establishing Procedures for Determining Adequate Assurance of Payment
• Motion for Order Under Sections 365(a) and 554(a) of the Bankruptcy Code Authorizing the Debtors to (1) Reject Certain Unexpired Leases of Nonresidential Real Property, and (2) Abandon Any Personal Property Located at Such Leased Premises
• Motion of Debtors for an Order (A) Fixing the Procedures and Deadlines to File Proofs of Claim, (B) Approving the Form and Manner of Notice of Bar Date, and (C) Granting Related Relief
• Debtors’ Motion Pursuant to Bankruptcy Code Sections 105(a), 363, and 507(a) for an Order Authorizing the Debtors to (I) Pay Prepetition Wages, Salaries, Employee Benefits, and Other Compensation; (II) Remit Withholding Obligations; (III) Maintain Employee Compensation and Benefits Programs and Pay Related Administrative Obligations; and (IV) Have Applicable Banks and Other Financial Institutions Receive, Process, Honor, and Pay Certain Checks Presented for Payment and Honor Certain Fund Transfer Requests
• Motion (A) for Authorization to (I) Utilize Cash Collateral of Second Lien Lenders Pursuant to 11 U.S.C. Section 363 and (II) Provide Adequate Protection Pursuant to 11 U.S.C. Sections 361, 363 and 507; and (B) to Schedule a Final Hearing Pursuant to Bankruptcy Rule 4001
• Debtors’ Motion for an Order Establishing Procedures for Interim Compensation Pursuant to Section 331 of the Bankruptcy Code
• Motion of the Debtors Pursuant to Sections 105(a), 327, 328 and 330 of the Bankruptcy Code for an Order Authorizing the Debtors to Retain, Employ and Compensate Certain Professionals Utilized by the Debtors in the Ordinary Course of Business
• Application of the Debtors Pursuant to Section 327(a) of the Bankruptcy Code, Rule 2014 of the Federal Rules of Bankruptcy Procedure and Local Rule 2014-1 for Authorization to Employ and Retain Pachulski Stang Ziehl & Jones LLP as Counsel for the Debtors and Debtors in Possession Nunc Pro Tunc to the Petition Date
• Motion of Debtors for Order Under 11 U.S.C. Sections 105, 363, 503(b), 1107 and 1108 Authorizing (I) Maintenance of Existing Bank Accounts, (II) Continued Use of Existing Business Forms, (III) Continued Use of Existing Cash Management System, and (IV) Providing Administrative Priority Status to Postpetition Intercompany Claims and (V) Waiver of Section 345(b) Depost and Investment Requirements
• Application Pursuant to Federal Rules of Bankruptcy Procedure 2014(a) for an Order Under Sections 327(a) and 328(a) of the Bankruptcy Code Authorizing the Employment and Retention of Sitrick and Company Inc. as Corporate Communications Consultants to the Debtors and Debtors in Possession Nunc Pro Tunc to the Petition Date
• Debtors’ Application for Authority to Retain Broadway Advisors, LLC, as Financial Advisor and Investment Banker nunc pro tunc to the Petition Date
• Motion to Approve Interim Order (I) Authorizing the Debtors to Obtain Post-Petition Financing Pursuant to 11 U.S.C. Section 364, (II) Authorizing the Debtors’ Limited Use of Cash Collateral Pursuant to 11 U.S.C. Section 363, (III) Granting Adequate Protection to Pre-Petition First Lien Lenders Pursuant to 11 U.S.C. Sections 361, 362, 363 and 354, and (IV) Scheduling the Final Hearing Pursuant to Bankruptcy Rule 4001
• Motion of the Debtors Pursuant to 11 U.S.C. Section 363 for Entry of an Order Authorizing the Employment and Retention of Coffey Managment Company to Provide Restructuring Services to the Debtors and of Stephen V. Coffey as Chief Restructuring Officer of the Debtors nunc pro tunc to the Petition Date
• Application of the Debtors to Employ and Retain Kurtzman Carson Consultants LLC as Notice, Claims and Solicitation Agent to the Debtors and Debtors in Possession
• Debtor’s Motion for an Order: (I) Approving Asset Purchase Agreement and Authorizing the Sale of Certain of its Assets Outside the Ordinary Course of Business to EZ Lube Acquisition Company LLC or a Higher and Better Bidder; (II) Authorizing the Sale of Assets Free and Clear of All Liens, Claims, Encumbrances and Interests Pursuant to Sections 363(A), (F) and (M) of the Bankruptcy Code, (III) Authorizing the Assumption and Assignment of Certain Executory Contracts and Unexpired Leases; and (IV) Granting Related Relief
• Debtors’ Motion for an Order (I)Authorizing the Debtors to Pay Prepetition Sales and Use Taxes and Regulatory Fees in the Ordinary Courst of Business and (II) Authorizing Banks andFinancial Institutions to Honor and Process Checks and Transfers Reltaed Thereto
• Debtors’ Motion for Entry of Order (A) Approving Bid Procedures for the Sale of the Debtors’ Assets; (B) Scheduling an Auction and Hearing to Consider the Sale and Approve the Form and Manner of Notices Related Thereto; (C) Establishing Procedures for the Assumption and Assignment of Certain Contacts that will be Assumed and Assigned as Part of the Sale; (D) Approving Certain Expense Reimbursement Provisions; and (E) Granting Related Relief

A hearing on EZ Lube’s first day pleadings has been scheduled for Wednesday, December 10th, at 12:30 p.m. (Eastern).

Tribune Company Files First Day Motions and Applications

Tribune Company, which filed for bankruptcy yesterday in Delaware, has filed motions and applications seeking authority to take or continue certain actions, including things such as paying employees, getting financing and paying certain vendors.  The following is a list of all of the “first day” pleadings filed by Tribune Company (click on the document title to view a copy of the actual document):

• Affidavit of Chandler Bigelow, III, Senior Vice President and Chief Financial Officer of Tribune Company in Support of First Day Motions
• Motion of the Debtors for an Order Directing Joint Administration of Their Related Chapter 11 Cases
• Application for an Order Authorizing the Debtors and Debtors in Possession to Retain and Employ Epiq Bankruptcy Solutions, LLC as Claims, Noticing, and Balloting Agent Pursuant to 28 U.S.C. Section 156(c), Rule 2002(f) of the Federal Rules of Bankruptcy Procedure and Local Rule 2002-1(f) as of the Petition Date
• Motion of the Debtors for an Order Authorizing, but not Directing, the Payment of Certain Prepetition Sales, Use, Franchise and Property Taxes, Licensing Fees, and Similar Obligations
• Motion of the Debtors for an Order Authorizing the Debtors to (I) Pay Installments Under Prepetition Insurance Premium Finance Arrangement, (II) Continue Prepetition Insurance Programs and (III) Pay All Prepetition Obligations in Respect Thereof
• Motion of the Debtors for an Order Authorizing, but not Requiring, the Debtors to Honor Certain Prepetition Obligations to Customers and to Otherwise Continue Prepetition Customer Programs and Practices in the Ordinary Course of Business
• Motion for an Order (I) Authorizing: (A) Payment of Prepetition Employee Wages, Salaries, and Other Compensation; (B) Payment of Prepetition Compensation Owed to Independent Contractors and Temporary Workers; (C) Reimbursement of Prepetition Employee Business Expenses; (D) Payments for Which Prepetition Payroll and Tax Deductions Were Made; (E) Contributions to Prepetition Employee Benefit Programs and Continuation of Such Programs in the Ordinary Course; (F) Payment of Workers’ Compensation Obligations; and (G) Payment to Third Parties of All Costs and Expenses Incident to the Foregoing Payments and Contributions; and (II) Authorizing Applicable Banks and Other Financial Institutions to Honor and Pay All Checks and Transfers Drawn on the Debtors’ Payroll Accounts to Make the Foregoing Payments
• Motion of the Debtors for an Order (I) Approving Cash Management Systems, (II) Authorizing Use of Prepetition Bank Accounts and Business Forms, (III) Waiving the Requirements of 11 U.S.C. Section 345(b) on an Interim Basis, and (IV) Granting Administrative Expense Status to Postpetition Intercompany Transactions
• Motion for an Interim Order and a Final Order Pursuant to Sections 105(a) and 366 of the Bankruptcy Code (I) Prohibiting Utility Providers from Altering, Refusing, or Discontinuing Utility Services, (II) Deeming Utility Providers Adequately Assured of Future Performance, and (III) Establishing Procedures for Determining Adequate Assurance of Payment
• Motion of the Debtors for an Order Pursuant to 11 U.S.C. Sections 363(b) and 363(c)(1) Authorizing, but not Requiring, the Debtors to Continue to Operate in the Ordinary Course, Including Payment of Prepetition Date Claims with Respect to Brokers
• Motion of the Debtors for an Order Authorizing, but not Directing, the Payment of Prepetition Claims of Shippers and Lien Claimants
• Motion for an Order Granting Debtors Additional Time to File Schedules of Assets and Liabilities and Statements of Financial Affairs
• Motion of the Debtors for (I) an Order Authorizing, on an Emergency Basis, Payment of Certain Prepetition Claims of Critical Vendors and (II) an Order Authorizing, but not Directing, After Notice and a Hearing, the Debtors to Pay Certain Obligations Arising in Connection with Goods Received by the Debtors Within the Twenty Day Period Before the Petition Date
• List of Creditors
• Notice of Hearing to Consider First Day Motions and Related Pleadings

The hearing on the first day motions is scheduled for Wednesday, December 10th, at 10:30 a.m. (Eastern).

EZ Lube, LLC Files for Bankruptcy in Delaware

EZ Lube, LLC filed a voluntary bankruptcy petition in the United States Bankruptcy Court for the District of Delaware today.  EZ Lube is the largest independent quick lube operator in California, with 78 retail service locations in Southern California and four locations in Arizona.  The company’s business has been under pressure due to high gas prices, the overall negative economic environment and negative publicity resulting from a settlement with the California Department of Consumer Affairs/Bureau of Automotive Repair relating to “allegations of certain untruthful or misleading actions to sell service and parts to customers.”  The company also sought approval of bidding procedures relating to a proposed sale of substantially all of its assets.

Key facts related to the filing:

• Assets: $113 million
• Liabilities: $114.4 million
• Revenues: $66.8 million (10 months ended Oct. 31, 2008; down from $73.4 million for the year-earlier period)
• Employees: Approx. 1,000
• Debtor Counsel: Pachulski Stang Ziehl & Jones LLP

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