Attached files
file | filename |
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8-K - VINEYARD NATIONAL BANCORP | v171745_8-k.htm |
UNITED
STATES DEPARTMENT OF JUSTICE
|
|||||
OFFICE
OF THE UNITED STATES TRUSTEE
|
|||||
CENTRAL
DISTRICT OF CALIFORNIA, RIVERSIDE
DIVISION
|
In
Re:
|
CHAPTER
11 (BUSINESS)
|
||||
Vineyard
National Bancorp
|
Case
Number:
|
09-26401-RN
|
|||
Operating
Report Number:
|
6
|
||||
Debtor(s).
|
For
the Month Ending:
|
Dec-09
|
|||
I.
CASH RECEIPTS AND DISBURSEMENTS
|
|||||
A.
(GENERAL ACCOUNT)
|
|||||
1. TOTAL
RECEIPTS PER ALL PRIOR GENERAL ACCOUNT REPORTS
|
2,029,201.89
|
||||
2. LESS: TOTAL
DISBURSEMENTS PER ALL PRIOR GENERAL
|
157,544.90
|
||||
ACCOUNT
REPORTS
|
|||||
3. BEGINNING
BALANCE:
|
1,871,656.99
|
||||
4. RECEIPTS
DURING CURRENT PERIOD:
|
|||||
Accounts
Receivable - Post-filing
|
|||||
Accounts
Receivable - Pre-filing
|
|||||
General
Sales
|
|||||
Other
(Specify)
|
|||||
TOTAL
RECEIPTS THIS PERIOD:
|
0.00
|
||||
5. BALANCE:
|
1,871,656.99
|
||||
6. LESS:
TOTAL DISBURSEMENTS DURING CURRENT PERIOD
|
|||||
Transfers
to Other DIP Accounts (from page 2)
|
34,611.00
|
||||
Disbursements
(from page 2)
|
4,228.97
|
||||
TOTAL
DISBURSEMENTS THIS PERIOD:
|
38,839.97
|
||||
7. ENDING
BALANCE:
|
1,832,817.02
|
||||
8.
|
General
Account Number(s):
|
XXXXXXXXX
|
|||
Depository
Name & Location:
|
Commerce
National Bank
|
||||
4040
MacArthur Blvd, Suite 100
|
|||||
Newport
Beach, CA 92660
|
Page 1 of
16
TOTAL
DISBURSEMENTS FROM GENERAL ACCOUNT FOR CURRENT PERIOD
Date
mm/dd/yyyy
|
Check
Number
|
Payee
or DIP account
|
Purpose
|
*Amount
Transfered
|
**Amount
Disbursed
|
Amount
|
12/2/2009
|
1037
|
Mini
U Storage
|
Storage
Rent Dec-2009
|
139.00
|
139.00
|
|
12/4/2009
|
1038
|
James
G. LeSieur
|
Parking
Reimbursement
|
2.50
|
2.50
|
|
12/9/2009
|
1039
|
ComputerShare
|
Transfer
Agent
|
693.72
|
693.72
|
|
12/14/2009
|
1040
|
Christopher
Damore
|
Controller
Svcs Nov-2009
|
533.92
|
533.92
|
|
12/17/2009
|
1041
|
Office
Depot
|
Paper
& Ink
|
185.91
|
185.91
|
|
12/24/2009
|
1042
|
U.S.P.S.
|
Stamps
|
19.26
|
19.26
|
|
12/30/2009
|
1043
|
Premier
Business Center
|
Office
Rent Dec-2009
|
2,267.26
|
2,267.26
|
|
12/30/2009
|
1044
|
Vintage
Filings
|
8-K
& MOR Filings
|
339.00
|
339.00
|
|
12/31/2009
|
1045
|
James
G. LeSieur
|
Mileage
Reimbursement
|
48.40
|
48.40
|
|
-
|
||||||
12/4/2009
|
n/a
|
VNBC
Payroll
|
Transfer
to Payroll Account
|
12,041.00
|
12,041.00
|
|
12/18/2009
|
n/a
|
VNBC
Payroll
|
Transfer
to Payroll Account
|
10,669.00
|
10,669.00
|
|
12/29/2009
|
n/a
|
VNBC
Payroll
|
Transfer
to Payroll Account
|
11,901.00
|
11,901.00
|
|
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
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||||||
-
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||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
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||||||
-
|
||||||
-
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||||||
-
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||||||
-
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||||||
-
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||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
-
|
||||||
TOTAL
DISBURSEMENTS THIS PERIOD:
|
34,611.00
|
4,228.97
|
38,839.97
|
* Fill in
amounts in this column if they are TRANSFERS to another DIP account (e.g.
Payroll or Tax); the "amount" column will be filled
in for you.
** Fill
in amounts in this column if they are DISBURSEMENTS to outside payees; the
"amount" column will be filled in for you.
Page 2 of
16
GENERAL
ACCOUNT
BANK
RECONCILIATION
Bank
statement Date:
|
12/31/2009
|
Balance
on Statement:
|
$1,835,471.68
|
||||
Plus
deposits in transit (a):
|
|||||||
Deposit
Date
|
Deposit
Amount
|
||||||
TOTAL
DEPOSITS IN TRANSIT
|
0.00
|
||||||
Less
Outstanding Checks (a):
|
|||||||
Check
Number
|
Check
Date
|
Check
Amount
|
|||||
1043
|
12/30/2009
|
2,267.26
|
|||||
1044
|
12/30/2009
|
339.00
|
|||||
1045
|
12/31/2009
|
48.40
|
|||||
TOTAL
OUTSTANDING CHECKS:
|
2,654.66
|
||||||
Bank
statement Adjustments:
|
|||||||
Explanation
of Adjustments-
|
|||||||
ADJUSTED
BANK BALANCE:
|
$1,832,817.02
|
* It is
acceptable to replace this form with a similar form
** Please
attach a detailed explanation of any bank statement
adjustment
Page 3 of
16
I. CASH
RECEIPTS AND DISBURSEMENTS
B.
(PAYROLL ACCOUNT)
1.
|
TOTAL
RECEIPTS PER ALL PRIOR PAYROLL ACCOUNT REPORTS
|
124,707.00
|
|||
2.
|
LESS: TOTAL
DISBURSEMENTS PER ALL PRIOR PAYROLL
|
108,097.21
|
|||
ACCOUNT
REPORTS
|
|||||
3.
|
BEGINNING
BALANCE:
|
16,609.79
|
|||
4.
|
RECEIPTS
DURING CURRENT PERIOD:
|
34,611.00
|
|||
(Transferred
from General Account)
|
|||||
5.
|
BALANCE:
|
51,220.79
|
|||
6.
|
LESS:
TOTAL DISBURSEMENTS DURING CURRENT PERIOD
|
||||
TOTAL
DISBURSEMENTS THIS PERIOD:***
|
23,914.06
|
||||
7.
|
ENDING
BALANCE:
|
27,306.73
|
|||
8.
|
PAYROLL
Account Number(s):
|
XXXXXXXXX
|
|||
Depository
Name & Location:
|
Commerce
National Bank
|
||||
4040
MacArthur Blvd, Suite 100, Newport Beach, CA
92660
|
Page 4 of
16
TOTAL
DISBURSEMENTS FROM PAYROLL ACCOUNT FOR CURRENT PERIOD
Date
mm/dd/yyyy
|
Check
Number
|
Payee
|
Purpose
|
Amount
|
12/4/2009
|
1028
|
Donald
H. Pelgrim
|
Net
Paycheck for 11/21/09-12/04/09
|
6,448.08
|
12/4/2009
|
1029
|
James
G. LeSieur
|
Net
Paycheck for 11/21/09-12/04/09
|
921.26
|
12/14/2009
|
1030
|
EDD
|
State
Payroll Taxes Oct 2009
|
393.83
|
12/18/2009
|
1031
|
Donald
H. Pelgrim
|
Net
Paycheck for 12/05/09-12/18/09
|
6,704.37
|
12/18/2009
|
1032
|
United
States Treasury
|
Federal
Payroll Taxes Nov 2009
|
7,570.36
|
12/14/2009
|
1033
|
EDD
|
State
Payroll Taxes Nov 2009
|
1,876.16
|
TOTAL
DISBURSEMENTS THIS PERIOD:
|
23,914.06
|
Page 5 of
16
PAYROLL
ACCOUNT
BANK
RECONCILIATION
Bank
statement Date:
|
12/31/2009
|
Balance
on Statement:
|
$27,306.73
|
||||
Plus
deposits in transit (a):
|
|||||||
Deposit
Date
|
Deposit
Amount
|
||||||
TOTAL
DEPOSITS IN TRANSIT
|
0.00
|
||||||
Less
Outstanding Checks (a):
|
|||||||
Check
Number
|
Check
Date
|
Check
Amount
|
|||||
TOTAL
OUTSTANDING CHECKS:
|
0.00
|
||||||
Bank
statement Adjustments:
|
|||||||
Explanation
of Adjustments-
|
|||||||
ADJUSTED
BANK BALANCE:
|
$27,306.73
|
* It is
acceptable to replace this form with a similar form
** Please
attach a detailed explanation of any bank statement
adjustment
Page 6 of
16
I. CASH
RECEIPTS AND DISBURSEMENTS
C. (TAX
ACCOUNT)
1.
|
TOTAL
RECEIPTS PER ALL PRIOR TAX ACCOUNT REPORTS
|
10,000.00
|
|||
2.
|
LESS: TOTAL
DISBURSEMENTS PER ALL PRIOR TAX
|
0.00
|
|||
ACCOUNT
REPORTS
|
|||||
3.
|
BEGINNING
BALANCE:
|
10,000.00
|
|||
4.
|
RECEIPTS
DURING CURRENT PERIOD:
|
0.00
|
|||
(Transferred
from General Account)
|
|||||
5.
|
BALANCE:
|
10,000.00
|
|||
6.
|
LESS:
TOTAL DISBURSEMENTS DURING CURRENT PERIOD
|
||||
TOTAL
DISBURSEMENTS THIS PERIOD:***
|
0.00
|
||||
7.
|
ENDING
BALANCE:
|
10,000.00
|
|||
8.
|
TAX
Account Number(s):
|
XXXXXXXXX
|
|||
Depository
Name & Location:
|
Commerce
National Bank
|
||||
4040
MacArthur Blvd, Suite 100, Newport Beach, CA
92660
|
Page 7 of
16
TOTAL
DISBURSEMENTS FROM TAX ACCOUNT FOR CURRENT PERIOD
Date
mm/dd/yyyy
|
Check
Number
|
Payee
|
Purpose
|
Amount
|
NONE
|
||||
TOTAL
DISBURSEMENTS THIS PERIOD:
|
0.00
|
Page 8 of
16
TAX
ACCOUNT
BANK
RECONCILIATION
Bank
statement Date:
|
12/31/2009
|
Balance
on Statement:
|
$10,000.00
|
||||
Plus
deposits in transit (a):
|
|||||||
Deposit
Date
|
Deposit
Amount
|
||||||
TOTAL
DEPOSITS IN TRANSIT
|
0.00
|
||||||
Less
Outstanding Checks (a):
|
|||||||
Check
Number
|
Check
Date
|
Check
Amount
|
|||||
TOTAL
OUTSTANDING CHECKS:
|
0.00
|
||||||
Bank
statement Adjustments:
|
|||||||
Explanation
of Adjustments-
|
|||||||
ADJUSTED
BANK BALANCE:
|
$10,000.00
|
* It is
acceptable to replace this form with a similar form
** Please
attach a detailed explanation of any bank statement
adjustment
Page 9 of
16
I. D
SUMMARY SCHEDULE OF CASH
ENDING
BALANCES FOR THE PERIOD:
|
|||||||
(Provide
a copy of monthly account statements for each of the
below)
|
|||||||
General
Account:
|
1,832,817.02
|
||||||
Payroll
Account:
|
27,306.73
|
||||||
Tax
Account:
|
10,000.00
|
||||||
*Other
Accounts:
|
|||||||
*Other
Monies:
|
|||||||
**Petty
Cash (from below):
|
0.00
|
||||||
TOTAL
CASH AVAILABLE:
|
1,870,123.75
|
||||||
Petty
Cash Transactions:
|
|||||||
Date
|
Purpose
|
Amount
|
|||||
TOTAL
PETTY CASH TRANSACTIONS:
|
0.00
|
* Specify
the Type of holding (e.g. CD, Savings Account, Investment Security), and the
depository name, location & account#
** Attach
Exhibit Itemizing all petty cash transactions
Page 10
of 16
II. STATUS
OF PAYMENTS TO SECURED CREDITORS, LESSORS
AND OTHER
PARTIES TO EXECUTORY CONTRACTS
Creditor,
Lessor, Etc.
|
Frequency
of Payments
(Mo/Qtr)
|
Amount
of Payment
|
Post-Petition
payments
not made
(Number)
|
Total
Due
|
|
Premier
Business Centers
|
Monthly*
|
1,730.00
|
0
|
0.00
|
Due
on last day of each month
|
Mini
U Storage
|
Monthly
|
139.00
|
0
|
0.00
|
Due
on 17th of each month
|
TOTAL
DUE:
|
0.00
|
*The
monthly payment amount will fluctuate based on CAM charges, phone usage,
secretarial support and related administrative charges.
III. TAX
LIABILITIES
FOR THE
REPORTING PERIOD:
Gross
Sales Subject to Sales Tax:
|
0.00
|
||||
Total
Wages Paid:
|
21,360.99
|
||||
Total
Post-Petition Amounts Owing
|
Amount
Delinquent
|
Date
Delinquent Amount Due
|
|||
Federal
Withholding
|
4,258.00
|
0.00
|
|||
State
Withholding
|
1,650.29
|
0.00
|
|||
FICA-
Employer's Share
|
2,123.71
|
0.00
|
|||
FICA-
Employee's Share
|
1,378.99
|
0.00
|
|||
Federal
Unemployment
|
112.00
|
0.00
|
|||
Sales
and Use
|
0.00
|
||||
Real
Property
|
0.00
|
||||
Other:
|
|||||
TOTAL:
|
9,522.99
|
0.00
|
Page 11
of 16
IV. AGING
OF ACCOUNTS PAYABLE AND RECEIVABLE
*Accounts
Payable
|
Accounts
Receivable
|
||||
Post-Petition
|
Pre-Petition
|
Post-Petition
|
|||
30
days or less
|
0.00
|
0.00
|
0.00
|
||
31
- 60 days
|
0.00
|
0.00
|
0.00
|
||
61
- 90 days
|
0.00
|
0.00
|
0.00
|
||
91
- 120 days
|
0.00
|
0.00
|
0.00
|
||
Over
120 days
|
0.00
|
0.00
|
0.00
|
||
TOTAL:
|
0.00
|
0.00
|
0.00
|
V.
INSURANCE COVERAGE
Name
of Carrier
|
Amount
of
Coverage
|
Policy
Expiration
Date
|
Premium
Paid Through (Date)
|
||
General
Liability*
|
St.
Paul Mercury
|
$ 1,000,000
|
2/1/2010
|
2/1/2010
|
|
Worker's
Compensation*
|
Travelers
Casualty & Surety Company
|
$ 1,000,000
|
2/1/2010
|
2/1/2010
|
|
Casualty
|
N/A
|
||||
Vehicle
|
N/A
|
||||
Others:
|
Personal Property*
|
St.
Paul Mercury
|
$ 100,000
|
2/1/2010
|
2/1/2010
|
D&O
|
St.
Paul Mercury
|
$ 5,000,000
|
12/31/2009
|
12/31/2009
|
|
D&O (excess)
|
National
Union Fire Insurance Company of Pittsburg, PA (AIG)
|
$ 5,000,000
|
12/31/2009
|
12/31/2009
|
|
D&O (excess)
|
XL
Speciality Insurance Company
|
$ 15,000,000
|
12/31/2009
|
12/31/2009
|
|
Employment
Practices
|
Admiral
Insurance Company
|
$2,000,000
|
12/31/2009
|
12/31/2009
|
* The
Package Policy (which includes general liability and personal property coverage)
and the Workers Compensation are each paid in full through and expire on
2/01/10. Due to reductions in coverage for those portions of the
policies covering the bank's assets which were no longer required post-closure
of Vineyard Bank, a refund in the amount of $23,483.04 was received under the
Package Policy and a refund in the amount of $36,748.60 was received under the
Workers Compensation policy. Such refunds are potentially subject to
allocation between Vineyard Bank and the Debtor.
VI. UNITED
STATES TRUSTEE QUARTERLY FEES
(TOTAL
PAYMENTS)
Quarterly
Period Ending (Date)
|
Total
Disbursements
|
Quarterly
Fees
|
Date
Paid
|
Amount
Paid
|
Quarterly
Fees
Still
Owing
|
30-Sep-2009
|
74,448.62
|
650.00
|
14-Oct-2009
|
650.00
|
0.00
|
31-Dec-2009
|
84,629.52
|
975.00
|
975.00
|
||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
0.00
|
|||||
1,625.00
|
650.00
|
975.00
|
*
Post-Petition Accounts Payable SHOULD NOT include professionals' fees and
expenses which have been incurred but not yet awarded by the
court. Post-Petition Accounts
Payable SHOULD include professionals' fees and expenses authorized by Court
Order but which remain unpaid as of the close of the period
report
Page 12
of 16
VII
SCHEDULE OF COMPENSATION PAID TO INSIDERS
Name
of Insider
|
Date
of Order
Authorizing
Compensation
|
*Authorized
Gross Compensation
|
Gross
Compensation
Paid
During the
Month***
|
James
G. LeSieur, III
|
$5,769.23
bi-weekly**
|
1,009.61
|
|
Donald
H. Pelgrim, Jr.
|
$10,175.69
bi-weekly
|
20,351.38
|
|
*
Please indicate how compensation was identified in the order (e.g. $1,000/week,
$2,500/month)
** James
LeSieur changed to a part time hourly basis effective 08/01/09. Mr. LeSieur's
hourly rate, which is calculated based upon the above gross compensation amount
for 20 hours per week, is $144.23/hour.
VIII. SCHEDULE
OF OTHER AMOUNTS PAID TO INSIDERS
Name
of Insider
|
Date
of Order
Authorizing
Compensation
|
Description
|
Amount
Paid
During
the Month
|
None
|
|||
Page 13
of 16
IX.
PROFIT AND LOSS STATEMENT
(ACCRUAL
BASIS ONLY)
Current
Month
|
Cumulative
Post-Petition
|
||||
Sales/Revenue:
|
|||||
Gross
Sales/Revenue
|
|||||
Less:
Returns/Discounts
|
|||||
Net
Sales/Revenue
|
0.00
|
0.00
|
|||
Cost
of Goods Sold:
|
|||||
Beginning
Inventory at cost
|
|||||
Purchases
|
|||||
Less:
Ending Inventory at cost
|
|||||
Cost
of Goods Sold (COGS)
|
0.00
|
0.00
|
|||
Gross
Profit
|
0.00
|
0.00
|
|||
Other
Operating Income (Itemize)
|
|||||
Operating
Expenses:
|
|||||
Payroll
- Insiders
|
24,413.70
|
136,515.37
|
|||
Payroll
- Other Employees
|
|||||
Payroll
Taxes
|
2,006.34
|
11,184.12
|
|||
Other
Taxes (Itemize)
|
|||||
Depreciation
and Amortization
|
|||||
Rent
Expense - Real Property
|
2,202.92
|
14,152.61
|
|||
Lease
Expense - Personal Property
|
|||||
Insurance
|
|||||
Real
Property Taxes
|
|||||
Telephone
and Utilities
|
|||||
Repairs
and Maintenance
|
|||||
Travel
and Entertainment (Itemize)
|
|||||
Mileage
& Parking
|
50.90
|
117.70
|
|||
Miscellaneous
Operating Expenses (Itemize)
|
|||||
Legal-Bankruptcy
Counsel - Landau **
|
0.00
|
252,166.16
|
|||
Legal-Special
Counsel - Manatt**
|
2,301.59
|
186,687.83
|
|||
Bankruptcy
Filing Fee reimbursment
|
0.00
|
(1,039.00)
|
|||
Payroll/Independent
Contractor/Controller Svcs*
|
786.25
|
8,351.25
|
|||
Other
Professional Services
|
2,007.72
|
6,106.81
|
|||
Postage
& Courier expenses
|
19.26
|
1,108.09
|
|||
Office
Supplies
|
209.83
|
652.13
|
|||
Total
Operating Expenses
|
33,998.51
|
616,003.07
|
|||
Net
Gain/(Loss) from Operations
|
(33,998.51)
|
(616,003.07)
|
|||
Non-Operating
Income:
|
|||||
Interest
Income
|
|||||
Net
Gain on Sale of Assets (Itemize)
|
|||||
Other
(Itemize)
|
(47,310.04)
|
12,921.60
|
|||
Total
Non-Operating income
|
(47,310.04)
|
12,921.60
|
|||
Non-Operating
Expenses:
|
|||||
Interest
Expense
|
|||||
Legal
and Professional (Itemize)
|
|||||
Accounting
Services
|
|||||
Other
(Itemize)
|
|||||
Total
Non-Operating Expenses
|
0.00
|
0.00
|
|||
NET
INCOME/(LOSS)
|
(81,308.55)
|
(603,081.47)
|
(Attach
exhibit listing all itemizations required above)
*Payment
to Chris Damore
** The
information regarding fees and expenses accrued for legal services during
November 2009 and December 2009 by Landau & Berger, LLP ("Landau") and
Manatt, Phelps & Phillips, LLP (“Manatt”) is for informational purposes
only. Manatt did not draw down on its retainer for these services in November
2009 or December 2009. In accordance with the Guidelines of the Office of the
United States Trustee ("OUST") and the Bankruptcy Court's order approving their
employment applications, Manatt has filed a Professional Fee Statements for
November 2009 and December 2009 and must wait for the time to object to expire
before it can draw down on its retainer. With respect to Landau,
after no objection was filed relating to a Professional Fee Statement for
October 2009 filed by Landau, Landau drew down on the remaining portion of the
retainer to pay a portion of the legal fees attributable to October 2009, thus
exhausting the retainer. Further, in November 2009 Landau submitted a
Knudsen Motion with the Court on behalf of all professionals with respect to the
payment of their respective fees.
With
respect to the remaining portion of the October 2009 legal fees and the November
2009 legal fees due Landau, payment will be made after the Court approves the
Knudsen Motion, or otherwise, in accordance with the Bankruptcy Code and OUST
Guidelines. Further, with respect to the November 2009 legal fees due
Landau, in addition to the approval of the Knudsen Motion, Landau must file and
serve a Professional Fee Statement for its November 2009 fees, and it must wait
for the time to object to expire before payment can be made to
them. Although the Knudsen Motion is applicable to the payment of
fees for the Creditors Committee counsel, Winston & Strawn, LLP ("W&S"),
information regarding W&S legal fees was not received at the time this
report was filed and therefore no accrual was made for the same. Further,
information regarding Landau legal fees was not received at the time this report
was filed and therefore no accrual was made for the same.
Page 14
of 16
X.
BALANCE SHEET
(ACCRUAL
BASIS ONLY)
ASSETS
|
Current
Month End
|
|||||
Current
Assets:
|
||||||
Unrestricted
Cash
|
1,870,123.75
|
|||||
Restricted
Cash
|
||||||
Accounts
Receivable
|
||||||
Inventory
|
||||||
Notes
Receivable
|
||||||
Prepaid
Expenses-Rent
|
1,933.26
|
|||||
Other
(Itemize) see below
|
||||||
1
|
Deposit
under Employment Contract (Glen Terry)*
|
42,689.96
|
||||
2
|
Security
Deposit
|
3,166.30
|
||||
3
|
Prepaid
ESOP Administration Fee**
|
0.00
|
||||
4
|
Unamortized
Issuance Costs - Subordinated Debt**
|
0.00
|
||||
5
|
Unamortized
Issuance Costs - Trust I**
|
0.00
|
||||
6
|
Unamortized
Issuance Costs - Trust II**
|
0.00
|
||||
7
|
Unamortized
Issuance Costs - Trust III**
|
0.00
|
||||
8
|
Unamortized
Issuance Costs - Trust IV**
|
0.00
|
||||
9
|
Unamortized
Issuance Costs - Trust V**
|
0.00
|
||||
10
|
Unamortized
Issuance Costs - Trust VI**
|
0.00
|
||||
11
|
Unamortized
Issuance Costs - Trust VII**
|
0.00
|
||||
12
|
Unamortized
Issuance Costs - Trust IX**
|
0.00
|
||||
13
|
Prepaid
Expense - Shareholder (Equilar) **
|
0.00
|
||||
14
|
Retainer
- Bankruptcy Counsel***
|
0.00
|
||||
15
|
Retainer
- Special Counsel***
|
107,228.17
|
||||
Total
Current Assets
|
2,025,141.44
|
|||||
Property,
Plant, and Equipment
|
||||||
Accumulated
Depreciation/Depletion
|
||||||
Net
Property, Plant, and Equipment
|
0.00
|
|||||
Other
Assets (Net of Amortization):
|
||||||
Due
from Insiders
|
||||||
Other
(Itemize)
|
0.00
|
|||||
1
|
Investment
in Bank****
|
0.00
|
||||
2
|
Investment
in Subsidiary-Trust I*****
|
0.00
|
||||
3
|
Investment
in Subsidiary-Trust II*****
|
0.00
|
||||
4
|
Investment
in Subsidiary-Trust III*****
|
0.00
|
||||
5
|
Investment
in Subsidiary-Trust IV*****
|
0.00
|
||||
6
|
Investment
in Subsidiary-Trust V*****
|
0.00
|
||||
7
|
Investment
in Subsidiary-Trust VI*****
|
0.00
|
||||
8
|
Investment
in Subsidiary-Trust VII*****
|
0.00
|
||||
9
|
Investment
in Subsidiary-Trust VIII*****
|
0.00
|
||||
10
|
Investment
in Subsidiary-Trust IX*****
|
0.00
|
||||
11
|
Investment
in Subsidiary-Trust XI*****
|
0.00
|
||||
Total
Other Assets
|
0.00
|
|||||
TOTAL
ASSETS
|
2,025,141.44
|
|||||
LIABILITIES
|
||||||
Post-petition
Liabilities:
|
||||||
Accounts
Payable******
|
66,936.35
|
|||||
Taxes
Payable
|
||||||
Notes
Payable
|
||||||
Professional
fees
|
||||||
Secured
Debt
|
||||||
Other
(Itemize)
|
||||||
1
|
Accrued
payroll and related taxes
|
19,258.03
|
||||
Total
Post-petition Liabilities
|
86,194.38
|
|||||
Pre-petition
Liabilities:
|
||||||
Secured
Liabilities
|
50,990,454.22
|
|||||
Priority
Liabilities
|
||||||
Unsecured
Liabilities *******
|
130,517,492.08
|
|||||
Other
(Itemize)
|
||||||
Total
Pre-petition Liabilities
|
181,507,946.30
|
|||||
TOTAL
LIABILITIES
|
181,594,140.68
|
|||||
EQUITY:
|
||||||
Pre-petition
Owners’ Equity
|
(178,965,917.77)
|
|||||
Post-petition
Profit/(Loss)******
|
(603,081.47)
|
|||||
Direct
Charges to Equity
|
||||||
TOTAL
EQUITY
|
(179,568,999.24)
|
|||||
TOTAL
LIABILITIES & EQUITY
|
2,025,141.44
|
* By
Order entered on September 4, 2009, the Bankruptcy Court authorized the Debtor
to transfer the $90,000 in funds currently held at City National Bank ("CNB") to
the Debtor's Operating account. As the account was originally established in the
name of Vineyard Bank, CNB has not authorized the transfer. As
approximately $47,310.04 certain insurance refunds paid to the Debtor are
allocable to the FDIC, in January 2010 the Debtor and the FDIC have filed a
Stipulation with the Court to offset that amount against the $90,000 owed to the
Debtor, resulting to a payment to the Debtor of approximately
$42,689.96. Court approval of the Stipulation is
pending.
**
The unamortized costs associated with the original establishment of ESOP and
issuance of securities were incurred at issuance but amortized over the
anticipated life of the entities. The book value of these items as of the
petition date was set forth in the July MOR. These costs have been written off
as of the petition date and therefore are not repeated here.
*** See
the double asterisk on Tab IX.
Prepaid
Retainers for Bankruptcy Counsel and Special Counsel were adjusted downward by
$12,985.02 and $6,084.00 respectively. The activity occurred pre-petition, hence
the adjustment was made to the Pre-petition Owners' Equity account. As of the
petition date, the prepaid legal retainers for Landau and Manatt respectively
were $187, 014.98 and $293,916.
****
Vineyard Bank, the Debtor's wholly-owned subsidiary, was seized by Office of the
Comptroller of the Currency on July 17, 2009; therefore, no value likely
remains.
***** The
value of Debtor's common security interests in each of the subsidiary trusts is
unknown, but likely valueless.
The
book value as of the petition date (as opposed to actual or recoverable
value)
|
||||||
is
listed below:
|
||||||
Book
Value
|
||||||
2
|
Investment
in Subsidiary-Trust I
|
400,534.49
|
||||
3
|
Investment
in Subsidiary-Trust II
|
166,405.84
|
||||
4
|
Investment
in Subsidiary-Trust III
|
331,613.24
|
||||
5
|
Investment
in Subsidiary-Trust IV
|
329,501.10
|
||||
6
|
Investment
in Subsidiary-Trust V
|
330,821.83
|
||||
7
|
Investment
in Subsidiary-Trust VI
|
395,663.43
|
||||
8
|
Investment
in Subsidiary-Trust VII
|
327,729.85
|
||||
9
|
Investment
in Subsidiary-Trust VIII
|
324,986.53
|
||||
10
|
Investment
in Subsidiary-Trust IX
|
483,483.02
|
||||
11
|
Investment
in Subsidiary-Trust XI
|
584,558.72
|
||||
3,675,298.05
|
****** No
accruals or adjustments have been made in connection with Landau's December
legal fees as the amount was not available at the time this report was
filed.
*******
Certain disputed claims listed on Schedule F are not included on the MOR Balance
Sheet.
Page 15
of 16
XI. QUESTIONNAIRE
No
|
Yes
|
|||
1.
|
Has
the debtor-in-possession made any payments on its pre-petition unsecured
debt, except as have been authorized by the court? If "Yes",
explain below:
|
X
|
||
No
|
Yes
|
|||
2.
|
Has
the debtor-in-possession during this reporting period provided
compensation or remuneration to any officers, directors, principals, or
other insiders without appropriate authorization? If "Yes",
explain below:
|
X
|
||
3.
|
State
what progress was made during the reporting period toward filing a plan of
reorganization:
|
|||
A
Joint Plan of Liquidation and Disclosure Statement have been filed with
the Court and a confirmation hearing for the Disclosure Statement has been
scheduled for February 2, 2010
|
||||
4.
|
Describe
potential future developments which may have a significant impact on the
case:
|
|||
On
December 21, 2009, the Official Committee of the Unsecured Creditors filed
suit against certain directors and officers of the
Debtor. Further, recent changes in the tax rules permit a 5
year carry back of net operating losses, which may generate additional
assets for the bankruptcy estate.
|
||||
5.
|
Attach
copies of all Orders granting relief from the automatic stay that were
entered during the reporting period. N/A
|
|||
No
|
Yes
|
|||
6.
|
Did
you receive any exempt income this month, which is not set forth in the
operating report? If "Yes", please set forth the amounts and
sources of the income below.
|
X
|
||
I,
|
James
G. LeSieur, III, Chief Financial Officer
|
|||
declare
under penalty of perjury that I have fully read and understood the
foregoing debtor-in-possession operating report and that the information
contained herein is true and complete to the best of my
knowledge.
|
Date
|
Principal
for debtor-in-possession
|
Page 16
of 16