Attached files
file | filename |
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8-K - FORM 8-K - FINLAY ENTERPRISES INC /DE | mv7-7_8k.htm |
EXHIBIT
99.1
GENERAL
NOTES TO MAY 2010
MONTHLY
OPERATING REPORT
General:
The
report includes all activity for all Debtors in these jointly administered
cases.
Notes
to MOR's
These
schedules and statements contain financial information that has been taken from
the
books and records of the Debtors. The amounts reflected in these financial
statements are
unaudited. These financial statements are prepared on a consolidated
basis.
FORM MOR
7/7/2010
Page 1 of 13
UNITED
STATES BANKRUPTCY COURT
|
|||||
SOUTHERN
DISTRICT OF NEW YORK
|
|||||
In
re
|
Finlay
Enterprises, Inc.
|
Case
No.
|
09-14873 through 14880
|
||
Debtor
|
Reporting
Period:
|
May 2010
|
|||
Federal
Tax I.D. #
|
13-3492802
|
CORPORATE
MONTHLY OPERATING REPORT
|
|||||
File
with the Court and submit a copy to the United States Trustee within 20
days after the end of the month and submit
a copy of the report to any official committee appointed in the
case.
|
|||||
|
|||||
(Reports
for Rochester and Buffalo Divisions of Western District of New York are
due 15 days after the end of the
month, as are the reports for Southern District of New
York.)
|
|||||
|
REQUIRED
DOCUMENTS
|
Form
No.
|
Document
Attached
|
Explanation
Attached
|
Affidavit/Supplement
Attached
|
|
Schedule
of Cash Receipts and Disbursements
|
MOR-1
|
Y
|
|||
Bank
Reconciliation (or copies of debtor's bank
reconciliations)
|
MOR-1 (CONT)
|
N
|
1
|
||
Copies
of bank statements
|
|
N
|
1
|
||
Cash
disbursements journals
|
|
N
|
1
|
||
Statement
of Operations
|
MOR-2
|
Y
|
|||
Balance
Sheet
|
MOR-3
|
Y
|
|||
Status
of Post-petition Taxes
|
MOR-4
|
N
|
Y
|
||
Copies
of IRS Form 6123 or payment receipt
|
N
|
1
|
|||
Copies
of tax returns filed during reporting period
|
N
|
1
|
|||
Summary
of Unpaid Post-petition Debts
|
MOR-4
|
Y
|
|||
Listing
of Aged Accounts Payable
|
Y
|
2
|
|||
Accounts
Receivable Reconciliation and Aging
|
MOR-5
|
N
|
3
|
||
Taxes
Reconciliation and Aging
|
MOR-5
|
N
|
4
|
||
Payments
to Insiders and Professionals
|
MOR-6
|
Y
|
|||
Post
Petition Status of Secured Notes, Leases Payable
|
MOR-6
|
Y
|
|||
Debtor
Questionnaire
|
MOR-7
|
Y
|
I
declare under penalty of perjury (28 U.S.C. Section 1746) that this report
and the attached documents are
true and correct to the best of my knowledge and
belief.
|
|||||
|
|||||
Signature
of Debtor /s/ Bruce E. Zurlnick
|
Date:
July 7, 2010
|
||||
Signature
of Authorized Individual* /s/ Bruce E.
Zurlnick
|
Date:
July 7, 2010
|
||||
Printed
Name of Authorized Individual Bruce E.
Zurlnick
|
Date:
July 7, 2010
|
||||
*Authorized
individual must be an officer, director or shareholder if debtor is a
corporation; a partner if debtor is a
partnership;
a manager or member if debtor is a limited liability
company.
|
1 - |
Due
to their voluminous nature, these documents are not attached but are
available from the Debtors upon request.
|
|||||
2 - |
The
Debtor does not have the ability to age the Accounts Payble data and
therefore just the total amount due to each creditor is
included.
|
|||||
3
-
|
Accounts
Receivable is comprised of a $1.3 million receivable from Gottschalk's for
which we have set up an uncollectible reserve of 90%, as Gottschalk's
filed for bankruptcy in January 2009.
|
|||||
4 - |
Not
applicable.
|
|||||
Note:
The debtor's fiscal month of May 2010 covers the period from May 2, 2010
through May 31, 2010.
|
FORM MOR
7/7/2010
Page 2 of
13
Finlay
Enterprises, Inc.
|
Case
No.
|
09-14873 through 14880
|
|||||
Debtor
|
Reporting
Period:
|
May 2010
|
SCHEDULE OF CASH RECEIPTS AND
DISBURSEMENTS (1)
|
|||||||
Amounts
reported should be from the debtor’s books and not the bank
statement. The beginning cash should be the ending cash
from the prior month or,
if this is the first report, the amount should be the balance
on the date the petition was filed. The amounts reported in the
"CURRENT MONTH - ACTUAL”
column must equal the sum of the four bank account
columns. Attach copies of the bank statements and the cash
disbursements journal. The
total disbursements listed in the disbursements journal must equal the
total disbursements reported on this page. A bank
reconciliation must be attached
for each account. [See
MOR-1CONTINUED]
|
|||||||
|
ACCOUNT
|
FISCAL
MAY
2010
|
CUMULATIVE
FILING TO DATE ACTUAL
(TOTAL
OF ALL ACCOUNTS)
|
CASH
BEGINNING OF MONTH (2)
|
83,236,000
|
5,158,000
|
RECEIPTS
|
||
CASH SALES
|
279,000
|
159,063,000
|
PROCEEDS
FROM GORDON BROTHERS FOR LIQUIDATION GUARANTEE
|
99,709,000
|
|
TOTAL RECEIPTS
|
279,000
|
258,772,000
|
DISBURSEMENTS
|
||
MERCHANDISE
|
0
|
2,414,000
|
PAYROLL
AND PAYROLL TAXES
|
2,061,000
|
42,916,000
|
RENT
& OTHER OCCUPANCY
|
74,000
|
17,838,000
|
SALES
& OTHER TAXES
|
227,000
|
24,867,000
|
SELLING,
GENERAL & ADMINISTRATIVE
|
220,000
|
20,260,000
|
REVOLVER
& BOND INTEREST
|
0
|
1,914,000
|
RESTRUCTURING
PROFESSIONAL FEES INCLUDING LIQUIDATOR FEES, NET OF COMPANY'S SHARE OF
AUGMENT GROSS MARGIN
|
569,000
|
6,949,000
|
LOAN
REPAYMENTS TO GE & 2nd LIEN NOTE REPAYMENT
|
0
|
62,957,000
|
FUND
LC COLLATERAL
|
0
|
3,451,000
|
TOTAL
DISBURSEMENTS
|
3,151,000
|
183,566,000
|
NET
CASH FLOW
|
(2,872,000)
|
75,206,000
|
(RECEIPTS
LESS DISBURSEMENTS)
|
||
CASH
– END OF MONTH (2)
|
80,364,000
|
80,364,000
|
|
||
|
||
THE
FOLLOWING SECTION MUST BE COMPLETED
|
||
DISBURSEMENTS
FOR CALCULATING U.S. TRUSTEE QUARTERLY FEES: (FROM CURRENT
MONTH ACTUAL COLUMN)
|
||
TOTAL
DISBURSEMENTS
|
FISCAL
MAY
2010
|
CUMULATIVE
FILING TO DATE ACTUAL (TOTAL OF ALL ACCOUNTS)
|
LESS: TRANSFERS
TO OTHER DEBTOR IN POSSESSION ACCOUNTS
|
3,151,000
|
183,566,000
|
PLUS: ESTATE
DISBURSEMENTS MADE BY OUTSIDE SOURCES (i.e. from escrow
accounts)
|
0
|
0
|
TOTAL
DISBURSEMENTS FOR CALCULATING U.S. TRUSTEE QUARTERLY FEES
|
3,151,000
|
183,566,000
|
1 -
We track cash receipts and disbursements on a consolidated basis and not
by individual bank accounts.
|
||
2 -
Excludes add back of A/P Overdraft (GAAP adjustment) and credit card
receivables.
|
||
|
FORM MOR-1
7/7/2010
Page 3 of
13
In
re
|
Finlay
Enterprises, Inc.
|
|
Case
No.
|
09-14873 through 14880
|
|||||
Debtor
|
Reporting
Period:
|
May 2010
|
Cash Disbursements | |||||||||
|
DEBTOR
|
|
|
CASE
NO.
|
FISCAL
MAY
2010
|
CUMULATIVE
FILING TO DATE ACTUAL
|
|||
|
|
||||||||
Finlay
Enterprises, Inc.
|
09-14873
|
0
|
|||||||
Finlay
Fine Jewelry Corporation
|
09-14874
|
3,048,000
|
158,476,000
|
||||||
Finlay
Jewelry, Inc.
|
09-14875
|
0
|
|||||||
EFinlay,
Inc.
|
09-14876
|
0
|
|||||||
Finlay
Merchandising & Buying
|
09-14877
|
553,000
|
|||||||
Carlyle
& Co. Jewelers
|
09-14878
|
103,000
|
22,544,000
|
||||||
Park
Promenade, LLC
|
09-14879
|
0
|
|||||||
L.
Congress, Inc.
|
09-14880
|
1,993,000
|
|||||||
Total
|
3,151,000
|
183,566,000
|
|||||||
FORM MOR-1
7/7/2010
Page 4 of
13
In
re
|
Finlay
Enterprises, Inc.
|
Case
No.
|
09-14873 through 14880
|
||
Debtor
|
Reporting
Period:
|
May 2010
|
STATEMENT OF OPERATIONS
(Income Statement)
|
|||||
The
Statement of Operations is to be prepared on an accrual
basis. The accrual basis of accounting recognizes
revenue
|
|||||
when
it is realized and expenses when they are incurred, regardless of when
cash is actually received or paid.
|
|||||
|
|||||
FISCAL
MAY
2010
|
CUMULATIVE -
FILING
TO
DATE
|
||||
REVENUE
|
|||||
Merchandise
sales
|
0
|
273,999,000
|
|||
Repair
sales
|
3,763,000
|
||||
Accomodation
sales
|
17,000
|
||||
Total
Revenue
|
0
|
277,779,000
|
|||
COST
OF GOODS SOLD
|
|
||||
Cost
of Goods Sold
|
0
|
238,267,000
|
|||
Gross
profit before non recurring items
|
0
|
39,512,000
|
|||
Non
Recurring item: Adjustment to inventory valuation based on estimated net
realizable value
|
300,000
|
||||
Gross
Profit
|
0
|
39,212,000
|
|||
OPERATING
EXPENSES
|
|
||||
Net
advertising expense
|
5,140,000
|
||||
Rent
& Other Occupancy
|
70,000
|
20,358,000
|
|||
Payroll,
payroll taxes and employee benefits
|
0
|
26,363,000
|
|||
Insurance
|
0
|
1,773,000
|
|||
Other
general operating expenses (See below)
|
(261,000)
|
34,400,000
|
|||
Other
- including administrative cost centers (See below)
|
(323,000)
|
20,670,000
|
|||
Total
Operating Expenses Before Depreciation
|
(514,000)
|
108,704,000
|
|||
Depreciation/Depletion/Amortization
|
748,000
|
||||
Net
Profit (Loss) Before Other Income & Expenses
|
514,000
|
(70,240,000)
|
|||
OTHER
INCOME AND EXPENSES
|
|
||||
Other
Income (attach schedule)
|
0
|
||||
Interest
Expense
|
7,000
|
10,895,000
|
|||
Other
Expense (attach
schedule)
|
17,700,000
|
||||
Net
Profit (Loss) Before Reorganization Items
|
507,000
|
(98,835,000)
|
|||
REORGANIZATION
ITEMS
|
|
||||
Professional
Fees & Other reoganization expense (See below)
|
748,300
|
9,473,600
|
|||
U.
S. Trustee Quarterly Fees
|
(2,200)
|
149,225
|
|||
Interest
Earned on Accumulated Cash from Chapter 11
|
0
|
||||
Gain
(Loss) from Sale of Equipment
|
0
|
||||
0
|
|||||
Total
Reorganization Expenses
|
746,100
|
9,640,825
|
|||
Provision
(Credit) for Income Taxes (1)
|
(8,132,419)
|
||||
Net
Profit (Loss)
|
(239,100)
|
(100,343,406)
|
|||
|
|||||
(1)
Year to date reflects income tax receivable resulting from carry back of
loss for October 2009 tax year.
|
|||||
FORM MOR-2
7/7/2010
Page 5 of
13
In
re
|
Finlay
Enterprises, Inc.
|
Case
No.
|
09-14873
through 14880
|
|
Debtor
|
Reporting
Period:
|
May 2010
|
||
BREAKDOWN OF “OTHER”
CATEGORY
|
FISCAL
MAY
2010
|
CUMULATIVE -
FILING
TO
DATE
|
||
OTHER
GENERAL OPERATIONAL EXPENSES
|
|
|||
BOXES/DISPLAYS
|
459,000
|
|||
EVENTS/SUPPLIES
|
0
|
374,000
|
||
TRAVEL
|
898,000
|
|||
MISCELLANEOUS
INCLUDING GORDON BROTHERS CONSULTANT TIME AND EXPENSE (1)
|
(268,000)
|
1,180,605
|
||
TRADENAMES,
CUSTOMER LISTS & OTHER WRITE OFFS
|
0
|
24,051,549
|
||
TELECOMMUNICATION
CHARGES
|
7,000
|
612,000
|
||
CREDIT
CARD FEES
|
0
|
6,825,000
|
||
|
||||
TOTAL
OTHER OPERATIONAL EXPENSES
|
(261,000)
|
34,400,154
|
||
Note
1: Includes adjustment to certain reserves and net proceeds
from sale of stock.
|
||||
OTHER INCLUDING ADMINISTRATIVE COSTS CENTERS | ||||
PAYROLL
(2)
|
(447,000)
|
10,159,000
|
||
PAYROLL
TAXES
|
78,000
|
722,000
|
||
EMPLOYEE
BENEFITS
|
12,000
|
569,000
|
||
VEBA
TRUST - BENEFITS
|
0
|
1,500,000
|
||
RENT
PREMISES
|
0
|
728,000
|
||
RENT
EQUIPMENT
|
0
|
308,000
|
||
REPAIR
& MAINTENANCE
|
0
|
190,000
|
||
UTILITIES
|
0
|
368,000
|
||
OTHER
MISCELLANEOUS
|
34,000
|
6,126,000
|
||
0
|
||||
OTHER
ADMINISTRATIVE EXPENSES
|
(323,000)
|
20,670,000
|
||
Note
2: Includes adjustment of $620K to certain reserves associated with
severance and incentive payments.
|
||||
PROFESSIONAL
FEES & OTHER REORG. EXPENSE
|
||||
WEIL,
GOTSHAL & MANGES
|
136,300
|
2,075,800
|
||
ALVAREZ
& MARSAL
|
32,400
|
1,551,700
|
||
ASSET
DISPOSITION ASSOC.
|
146,900
|
1,727,100
|
||
GECC
|
0
|
375,100
|
||
PROSKAUER
& ROSE
|
0
|
11,000
|
||
EPIQ
BANKRUPTCY SOLUTIONS
|
75,000
|
1,045,900
|
||
HSBC
BANK
|
8,300
|
48,900
|
||
PRYOR
CASHMAN
|
10,000
|
392,800
|
||
MOSES
& SINGER
|
(36,300)
|
905,300
|
||
SONNENSCHEIN,
NATH & ROSENTHAL
|
5,000
|
138,200
|
||
TOGUT
SEGAL
|
229,200
|
336,600
|
||
WILMINGTON
TRUST COMPANY
|
5,000
|
69,900
|
||
CONSENSUS
|
68,500
|
513,000
|
||
OTHER
|
68,000
|
282,300
|
||
|
0
|
|||
TOTAL
PROFESSIONAL FEES & OTHER REORG. EXPENSE
|
748,300
|
9,473,600
|
||
OTHER
INCOME
|
N/A
|
N/A
|
||
|
||||
OTHER
EXPENSES
|
0
|
17,700,000
|
||
|
||||
FORM MOR-2
7/7/2010
Page 6 of
13
In
re
|
Finlay
Enterprises, Inc.
|
Case
No.:
|
09-14873 through 14880
|
Debtor
|
Reporting
Period:
|
May 2010
|
BALANCE
SHEET
|
|||
The
Balance Sheet is to be completed on an accrual basis
only. Pre-petition liabilities must be classified separately
from post-petition obligations.
|
|||
ASSETS | BOOK VALUE AT END OF CURRENT REPORTING MONTH (May 31, 2010) | BOOK
VALUE ON PETITION DATE OR SCHEDULED
(August
5, 2009)
|
|
CURRENT
ASSETS
|
|||
Unrestricted
cash and equivalents (including A/P overdraft and credit card
receivables)
|
80,392,375
|
5,352,405
|
|
Cash
Collaterlized Accounts
|
1,561,975
|
6,841,822
|
|
Accounts
receivable (Net)
|
126,114
|
14,963,712
|
|
Income
tax receivable (1)
|
4,812,257
|
0
|
|
Other
receivables (2)
|
3,492,129
|
1,028,900
|
|
Merchandise
inventories
|
0
|
202,530,200
|
|
Prepaid
expenses and other
|
0
|
1,950,201
|
|
Other
Current Assets (attach schedule)
|
0
|
0
|
|
TOTAL
CURRENT ASSETS
|
90,384,850
|
232,667,240
|
|
PROPERTY
& EQUIPMENT
|
|||
Land
and building
|
3,225,000
|
9,420,470
|
|
Fixtures
|
17,794,766
|
||
Displays
|
0
|
2,508,324
|
|
Computers,
equipment & other
|
0
|
5,257,757
|
|
Construction
in Progress
|
0
|
2,893,959
|
|
Leasehold
Improvements
|
0
|
4,162,237
|
|
Vehicles
|
0
|
16,520
|
|
Less: Accumulated
Depreciation
|
0
|
(9,670,437)
|
|
TOTAL
PROPERTY & EQUIPMENT (3)
|
3,225,000
|
32,383,596
|
|
OTHER
ASSETS
|
|||
Amounts
due from Insiders*
|
0
|
||
Professional
Retainers
|
929,084
|
751,863
|
|
Other
Assets (attach schedule)
|
2,744,551
|
21,505,623
|
|
TOTAL
OTHER ASSETS
|
3,673,635
|
22,257,486
|
|
TOTAL
ASSETS
|
97,283,485
|
287,308,322
|
|
LIABILITIES
AND OWNER EQUITY
|
BOOK
VALUE AT END OF CURRENT REPORTING MONTH (May 31, 2010)
|
BOOK
VALUE ON PETITION DATE OR SCHEDULED
(August
5, 2009)
|
|
LIABILITIES NOT SUBJECT TO COMPROMISE (Postpetition) | |||
Accounts
Payable - Post petition
|
34,507
|
0
|
|
Wages
Payable & Compensated Absences
|
170,000
|
0
|
|
Accrued
Professional Fees & restructuring costs
|
1,504,709
|
0
|
|
Taxes
Payable
|
0
|
0
|
|
Amounts
Due to Insiders*
|
0
|
0
|
|
Deferred
Revenue - Liquidator Guarantee Advance
|
0
|
0
|
|
Other
Post-petition Liabilities (attach schedule)
|
2,294,029
|
0
|
|
TOTAL
POST-PETITION LIABILITIES
|
4,003,245
|
0
|
|
LIABILITIES SUBJECT TO COMPROMISE (Pre-Petition) | |||
Secured
Debt -Revolver, 2nd & 3rd lien notes
|
194,112,290
|
255,832,879
|
|
Priority
Debt
|
1,703,743
|
427,200
|
|
Unsecured
Debt - Senior notes
|
42,895,031
|
42,847,826
|
|
Accounts
Payable - Pre petition
|
8,169,770
|
8,176,582
|
|
Other
Pre-petition Liabilities (attach schedule)
|
1,003,641
|
34,457,064
|
|
TOTAL
PRE-PETITION LIABILITIES
|
247,884,475
|
341,741,551
|
|
TOTAL
LIABILITIES
|
251,887,720
|
341,741,551
|
|
OWNERS'
EQUITY
|
|||
Capital
Stock
|
117,054
|
117,054
|
|
Additional
Paid-In Capital
|
96,716,915
|
96,716,915
|
|
Retained
Earnings - Pre-Petition
|
(123,248,418)
|
(123,248,418)
|
|
Retained
Earnings - Post-petition
|
(100,324,545)
|
0
|
|
Treasury
Stock
|
(27,865,241)
|
(28,018,780)
|
|
Adjustments
to Owner Equity (attach schedule)
|
0
|
||
NET
OWNERS’ EQUITY
|
(154,604,235)
|
(54,433,229)
|
|
TOTAL
LIABILITIES AND OWNERS' EQUITY
|
97,283,485
|
287,308,322
|
|
*"Insider"
is defined in 11 U.S.C. Section 101(31).
|
|||
1.
Reflects federal income tax receivable resulting from carry back of loss
for October 2009 tax year
|
|||
2.
Includes approximately $1.7 million due from liquidator for percent rent
and reimbursement of certain expenses.
|
|||
3.
These assets have been adjusted to our estimated net realizable
values.
|
|||
|
|||
FORM MOR-3
7/7/2010
Page 7 of
13
In
re
|
Finlay
Enterprises, Inc.
|
Case
No.:
|
09-14873 through 14880
|
Debtor
|
Reporting
Period:
|
May
2010
|
BALANCE
SHEET - continuation section
|
|||
ASSETS
|
BOOK
VALUE AT END OF CURRENT REPORTING MONTH (May 31, 2010)
|
BOOK
VALUE ON PETITION DATE OR SCHEDULED
(August
5, 2009)
|
|
Other
Assets
|
|||
Deferred
financing fees
|
8,895,950
|
||
Insurance
deposit
|
340,000
|
340,000
|
|
Credit
card deposit
|
2,388,403
|
3,000,000
|
|
Favorable
leases
|
0
|
623,908
|
|
Customer
lists
|
0
|
172,328
|
|
Trade
names
|
0
|
6,669,592
|
|
Deposits-
Other utilities
|
0
|
239,975
|
|
Other
- Workers Comp Deposit
|
16,148
|
120,800
|
|
Other
(CSV Life - Carlyle)
|
1,443,070
|
||
Total
Other Assets
|
2,744,551
|
21,505,623
|
|
LIABILITIES
|
BOOK
VALUE AT END OF CURRENT REPORTING MONTH (May 31, 2010)
|
BOOK
VALUE ON PETITION DATE OR SCHEDULED
(August
5, 2009)
|
|
Other
Post-petition Liabilities
|
|||
General
Insurance
|
98,912
|
0
|
|
Medical
Insurance
|
88,146
|
0
|
|
Layaways
& Gift Card
|
0
|
0
|
|
Credit
Card Accrual
|
0
|
0
|
|
Percent
Rent Accrual
|
2,058,755
|
||
Other
Post-petition Liabilities
|
48,216
|
||
Other
Post-petition Liabilities
|
2,294,029
|
0
|
|
LIABILITIES
|
BOOK
VALUE AT END OF CURRENT REPORTING MONTH (May 31, 2010)
|
BOOK
VALUE ON PETITION DATE OR SCHEDULED
(August
5, 2009)
|
|
Other
Pre-petition Liabilities
|
|||
General
Insurance
|
656,422
|
6,364,144
|
|
Medical
Insurance
|
88,145
|
1,203,249
|
|
Layaways
& Gift Card
|
0
|
1,418,612
|
|
Diamond
Bond Liability
|
0
|
300,000
|
|
STL
Rent and Rent related
|
0
|
4,194,864
|
|
Income
Taxes
|
127,500
|
646,257
|
|
Accrued
Credit Card
|
0
|
81,756
|
|
Returns
Reserve
|
0
|
546,362
|
|
Severance
& other payroll accrual
|
0
|
6,775,876
|
|
Compensated
Absences accrual
|
0
|
1,390,067
|
|
Accured
Liability - Split Payroll
|
0
|
1,632,890
|
|
Other
Miscellaneous
|
0
|
3,033,698
|
|
Sundry
Taxes Accrued
|
131,574
|
6,869,289
|
|
Other
Pre-petition Liabilities
|
1,003,641
|
34,457,064
|
|
FORM MOR-3
7/7/2010
Page 8 of
13
In
re
|
Finlay
Enterprises, Inc.
|
Case
No.
|
09-14873 through 14880
|
|||||
Debtor
|
Reporting
Period:
|
May 2010
|
||||||
SUMMARY
OF UNPAID POST-PETITION DEBTS
Number of Days Past Due | ||||||
Current
|
0-30
|
31-60
|
61-90
|
Over
91
|
Total
|
|
Accounts
Payable
|
34,507
|
|||||
Wages
Payable
|
170,000
|
|||||
Taxes
Payable
|
0
|
|||||
Rent/Leases-Building
|
||||||
Rent/Leases-Equipment
|
||||||
Secured
Debt/Adequate Protection Payments
|
||||||
Professional
Fees
|
1,504,709
|
|||||
Amounts
Due to Insiders
|
||||||
Other:
|
2,294,029
|
|||||
Other:
|
||||||
Total
Post-petition Debts
|
4,003,245
|
FORM MOR-4
7/7/2010
Page 9 of
13
In
re: Finlay Enterprises,
Inc.
|
Case No. 09-14873 through 14880 |
UNITED
STATES BANKRUPTCY COURT
|
|||||
SOUTHERN
DISTRICT OF NEW YORK
|
|||||
MONTHLY
OPERATING REPORT – MAY 2010
|
|||||
MOR- 4 - Post Petition Taxes
Certification
|
|||||
The
undersigned verifies that, to the best of his knowledge, all undisputed
post-petition tax
obligations, including but not limited to payroll, sales, use, income,
franchise and other taxes
have been paid to the proper taxing authority when
due.
|
|||||
|
|||||
/s/ Bruce E. Zurlnick | July 7, 2010 | ||||
Bruce
E. Zurlnick
|
|||||
Senior
Vice President,
|
|||||
Treasurer
and CFO
|
|||||
MOR 4
7/7/2010
Page 10 of
13
In
re
|
Finlay
Enterprises, Inc.
|
|
Case
No.
|
09-14873 through 14880
|
|
Debtor
|
|
Reporting
period:
|
May 2010
|
||
PAYMENTS
TO INSIDERS AND PROFESSIONALS
Of the
total disbursements shown on the Cash Receipts and Disbursements Report (MOR-1)
list the amount paid to insiders (as defined in Section
101(31) (A)-(F) of the U.S. Bankruptcy Code) and to
professionals. For payments to insiders, identify the type of
compensation paid (e.g.
Salary, Bonus, Commissions, Insurance, Housing Allowance, Travel, Car Allowance,
Etc.). Attach additional sheets if
necessary.
INSIDERS
|
|||
NAME
|
TYPE
OF PAYMENT
|
Fiscal
May 2010
|
TOTAL
PAID TO DATE
|
Arthur
E. Reiner
|
Salary
|
0.00
|
125,625.00
|
Arthur
E. Reiner
|
Vacation
|
0.00
|
40,586.53
|
Arthur
E. Reiner
|
Director
Fees
|
6,250.00
|
21,833.34
|
Arthur
E. Reiner
|
Expense
reimbursement
|
0.00
|
5,000.00
|
Bonni
G. Davis
|
Salary
|
17,853.34
|
169,883.12
|
Bonni
G. Davis
|
Severance
|
43,133.64
|
43,133.64
|
Bonni
G. Davis
|
Vacation
|
14,008.00
|
14,008.00
|
Bonni
G. Davis
|
Incentive
Payments
|
129,835.92
|
129,835.92
|
Bonni
G. Davis
|
Expense
reimbursement
|
18.00
|
18.00
|
Bruce
E. Zurlnick
|
Salary
|
36,750.00
|
274,953.18
|
Bruce
E. Zurlnick
|
Severance
|
43,133.64
|
43,133.64
|
Bruce
E. Zurlnick
|
Vacation
|
17,809.61
|
17,809.61
|
Bruce
E. Zurlnick
|
Incentive
Payments
|
335,035.92
|
335,035.92
|
Bruce
E. Zurlnick
|
Expense
reimbursement
|
281.69
|
2,859.84
|
David
B. Cornstein
|
Director
Fees
|
6,250.00
|
25,663.97
|
Deborah
A. Higgins
|
Salary
|
0.00
|
20,869.79
|
Deborah
A. Higgins
|
Consulting
|
0.00
|
28,000.00
|
Deborah
A. Higgins
|
Vacation
|
0.00
|
7,767.36
|
Deborah
A. Higgins
|
Expense
reimbursement
|
0.00
|
366.16
|
Douglass
J. Congress
|
Vacation
|
0.00
|
8,461.53
|
Douglass
J. Congress
|
Expense
reimbursement
|
0.00
|
334.95
|
Douglass
J. Congress
|
Severance
|
0.00
|
45,305.99
|
James
M. Giantonemico
|
Salary
|
0.00
|
142,182.14
|
James
M. Giantonemico
|
Expense
reimbursement
|
0.00
|
3,947.78
|
James
M. Giantonemico
|
Vacation
|
0.00
|
3,330.00
|
James
M. Giantonemico
|
Severance
|
0.00
|
48,327.20
|
James
M. Giantonemico
|
Incentive
Payments
|
50,457.35
|
259,785.80
|
Joan
M. Durkin
|
Salary
|
0.00
|
43,852.85
|
Joan
M. Durkin
|
Vacation
|
0.00
|
2,536.05
|
Joan
M. Durkin
|
Expense
reimbursement
|
0.00
|
50.14
|
John
P.Orr
|
Salary
|
0.00
|
136,951.32
|
John
P.Orr
|
Severance
|
53,698.95
|
65,306.81
|
John
P.Orr
|
Incentive
Payments
|
118,514.83
|
118,514.83
|
John
P.Orr
|
Consulting
|
1,500.00
|
3,239.41
|
John
P.Orr
|
Expense
reimbursement
|
0.00
|
714.30
|
Joseph
M. Melvin
|
Expense
reimbursement
|
0.00
|
416.67
|
Joseph
M. Melvin
|
Severance
|
0.00
|
45,305.99
|
Joyce
Manning Magrini
|
Salary
|
0.00
|
63,822.83
|
Joyce
Manning Magrini
|
Vacation
|
0.00
|
17,394.22
|
Joyce
Manning Magrini
|
Expense
reimbursement
|
0.00
|
291.25
|
Karin
Knudsen
|
Salary
|
0.00
|
149,110.02
|
Karin
Knudsen
|
Vacation
|
0.00
|
22,712.50
|
Karin
Knudsen
|
Incentive
Payments
|
0.00
|
128,168.80
|
Karin
Knudsen
|
Severance
|
0.00
|
43,133.64
|
Karin
Knudsen
|
Expense
reimbursement
|
0.00
|
5,200.38
|
Leon
Benzrihem
|
Salary
|
0.00
|
65,180.84
|
Leon
Benzrihem
|
Vacation
|
0.00
|
11,000.00
|
Leon
Benzrihem
|
Incentive
Payments
|
0.00
|
20,428.70
|
Leon
Benzrihem
|
Severance
|
0.00
|
36,224.80
|
Leon
Benzrihem
|
Expense
reimbursement
|
0.00
|
1,450.00
|
Louis
Lipschitz
|
Director
Fees
|
0.00
|
27,333.32
|
Norma
L. Wilson
|
Salary
|
0.00
|
106,589.48
|
Norma
L. Wilson
|
Vacation
|
0.00
|
19,291.72
|
Norma
L. Wilson
|
Incentive
Payments
|
35,025.36
|
182,686.80
|
Norma
L. Wilson
|
Severance
|
0.00
|
71,096.74
|
Norma
L. Wilson
|
Expense
reimbursement
|
0.00
|
12,070.76
|
Norman
S. Matthews
|
Director
Fees
|
0.00
|
40,537.64
|
Raymond
J. Poulin
|
Salary
|
9,666.66
|
91,929.84
|
Raymond
J. Poulin
|
Vacation
|
8,476.92
|
8,476.92
|
Raymond
J. Poulin
|
Severance
|
21,561.36
|
21,561.36
|
Raymond
J. Poulin
|
Incentive
Payments
|
99,115.96
|
99,115.96
|
Richard
G. Davenport
|
Salary
|
0.00
|
23,728.92
|
Richard
G. Davenport
|
Vacation
|
0.00
|
2,056.15
|
Richard
G. Davenport
|
Severance
|
0.00
|
27,415.38
|
Ronald
E. Swanson
|
Salary
|
0.00
|
70,415.07
|
Ronald
E. Swanson
|
Severance
|
12,088.86
|
20,624.02
|
Ronald
E. Swanson
|
Incentive
Payments
|
13,292.08
|
66,463.90
|
Ronald
E. Swanson
|
Vacation
|
0.00
|
7,980.37
|
Ronnie
S. Grabon
|
Salary
|
0.00
|
38,728.06
|
Ronnie
S. Grabon
|
Incentive
Payments
|
0.00
|
26,955.51
|
Ronnie
S. Grabon
|
Severance
|
8,024.33
|
13,689.79
|
Ronnie
S. Grabon
|
Vacation
|
0.00
|
980.83
|
Scot
M. Congress
|
Vacation
|
0.00
|
12,692.30
|
Scot
M. Congress
|
Severance
|
0.00
|
45,306.00
|
Scot
M. Congress
|
Expense
reimbursement
|
0.00
|
2,467.07
|
Stuart
C. Mclean
|
Expense
reimbursement
|
0.00
|
136.42
|
Stuart
C. Mclean
|
Severance
|
0.00
|
22,500.00
|
Sue
C. Haire
|
Salary
|
0.00
|
45,453.30
|
Sue
C. Haire
|
Vacation
|
0.00
|
9,387.66
|
Sue
C. Haire
|
Incentive
Payments
|
0.00
|
17,327.50
|
Sue
C. Haire
|
Severance
|
2,980.30
|
17,296.30
|
Thomas
G. Lozier
|
Salary
|
0.00
|
10,574.50
|
Thomas
G. Lozier
|
Vacation
|
0.00
|
16,061.77
|
Thomas
G. Lozier
|
Severance
|
0.00
|
62,884.61
|
Thomas
G. Lozier
|
Expense
reimbursement
|
0.00
|
71.45
|
Thomas
M. Murnane
|
Director
Fees
|
7,500.00
|
31,623.65
|
-
|
|||
TOTAL
PAYMENTS TO INSIDERS
|
1,092,262.72
|
4,072,575.83
|
FORM MOR-6
7/7/2010
Page 11 of
13
In
re
|
Finlay
Enterprises, Inc.
|
Case
No.
|
09-14873 through 14880
|
|||
Debtor
|
Reporting
period
|
May 2010
|
||||
PROFESSIONALS
MAY 2010
|
|||||
|
PERIOD
COVERED
|
DATE
OF COURT ORDER AUTHORIZING PAYMENT
|
AMOUNT
PAID
|
TOTAL
PAID
TO
DATE
|
TOTAL
ESTIMATED INCURRED & UNPAID*
|
Weil,
Gotshal & Manges LLP
|
99,500
|
1,225,100
|
401,100
|
||
Alvarez
& Marsal
|
|
|
32,400
|
1,246,600
|
0
|
Asset
Disposition Advisors
|
|
|
171,700
|
1,121,000
|
310,400
|
Epiq
Bankruptcy Solutions LLC
|
97,600
|
801,700
|
75,000
|
||
Consensus
Advisors
|
20,200
|
396,000
|
117,100
|
||
Moses
& Singer
|
11,000
|
798,900
|
106,400
|
||
Pryor
Cashman
|
32,900
|
374,400
|
18,400
|
||
GECC
|
0
|
25,500
|
15,000
|
||
Sonnenschein
|
0
|
133,600
|
15,000
|
||
Wilmington
Trust
|
0
|
15,000
|
55,000
|
||
HSBC
|
3,400
|
39,200
|
5,000
|
||
US
Trustee Fees
|
0
|
138,700
|
10,000
|
||
Togut
& Segal LLP
|
8,000
|
26,000
|
312,300
|
||
CRG
Partners Group LLC
|
4,000
|
192,300
|
12,000
|
||
Other
|
0
|
183,100
|
52,000
|
||
TOTAL
PAYMENTS TO PROFESSIONALS
|
|
480,700
|
6,717,100
|
1,504,700
|
|
*
INCLUDES ALL FEES INCURRED, BOTH APPROVED AND UNAPPROVED. REPRESENTS
ESTIMATES FOR CURRENT MONTH.
|
|||||
POST-PETITION
STATUS OF SECURED NOTES, LEASES PAYABLE
|
||
AND
ADEQUATE PROTECTION PAYMENTS - MAY 2010
|
||
NAME
OF CREDITOR
|
SCHEDULED MONTHLY
PAYMENT DUE
|
AMOUNT
PAID DURING MONTH
|
Second
Lien Note repayment
|
n/a
|
0
|
TOTAL
PAYMENTS
|
0
|
FORM MOR-6
7/7/2010
Page 12 of
13
In
re
|
Finlay
Enterprises, Inc.
|
Case
No.
|
09-14873 through 14880
|
|
Debtor
|
Reporting
Period:
|
May 2010
|
||
DEBTOR
QUESTIONNAIRE
|
|||
Must
be completed each month. If the answer to any of the questions
is “Yes”, provide a detailed explanation of each item. Attach
additional sheets if necessary.
|
Yes |
No
|
|
1 | Have any assets been sold or transferred outside the normal course of business this reporting period? | X (1) | |
2 | Have any funds been disbursed from any account other than a debtor in possession account this reporting period? |
X
|
|
3 | Is the Debtor delinquent in the timely filing of any post-petition tax returns? | X | |
4 | Are workers compensation, general liability or other necessary insurance coverages expired or cancelled, or has the debtor received notice of expiration or cancellation of such policies? |
X
|
|
5 | Is the Debtor delinquent in paying any insurance premium payment? | X | |
6
|
Have
any payments been made on pre-petition liabilities this reporting
period?
|
X (2) | |
7 | Are any post petition receivables (accounts, notes or loans) due from related parties? | X | |
8 | Are any post petition payroll taxes past due? | X | |
9
|
Are
any post petition State or Federal income taxes past due?
|
X
|
|
10
|
Are
any post petition real estate taxes past due?
|
X
|
|
11
|
Are
any other post petition taxes past due?
|
X
|
|
12
|
Have
any pre-petition taxes been paid during this reporting
period?
|
X (2) | |
13
|
Are
any amounts owed to post petition creditors delinquent?
|
X
|
|
14
|
Are
any wage payments past due?
|
X
|
|
15
|
Have
any post petition loans been received by the Debtor from any
party?
|
X
|
|
16
|
Is
the Debtor delinquent in paying any U.S. Trustee fees?
|
X
|
|
17
|
Is
the Debtor delinquent with any court ordered payments to attorneys or
other professionals?
|
X
|
|
18
|
Have
the owners or shareholders received any compensation outside of the normal
course of business?
|
X
|
1 -
Effective September 26, 2009, the debtors signed an agency agreement with
Gordon Brothers Retail Partners, LLC to
guarantee the sale proceeds of the liquidation of merchandise in certain
of our store locations.
|
||
2 -
The debtors obtained certain orders on or shortly after the commencement
of these chapter 11 cases designed
to minimize the disruption of business operations. Such orders gave the
Debtors permission to pay certain
prepetition amounts related to employee compensation programs, certain
customer programs, sales and use taxing authorities,
workers' compensation and other insurance programs and certain common
carriers. During the period
reported herein, the Debtors paid certain prepetition obligations under
such
orders.
|
FORM MOR-7
7/7/2010
Page 13 of
13