Attached files
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8-K - CURRENT REPORT FORM 8-K - SMF ENERGY CORP | v315124_8k.htm |
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF FLORIDA
FORT LAUDERDALE DIVISION
IN RE: | I | CASE NUMBER | |
I | 12-19084-RBR | ||
SMF Energy Corporation | I | ||
DEBTOR. | I | JUDGE: Raymond B. Ray | |
I | |||
I | CHAPTER 11 | ||
I |
DEBTOR'S STANDARD MONTHLY OPERATING REPORT (BUSINESS)
FOR THE PERIOD
FROM 04/15/2012 TO 04/30/2012
AMENDED
Comes now the above named debtor and files its Monthly Operating Reports in accordance with the Guidelines established by the United States Trustee and FRBP 2015.
Attorney for Debtor's Signature | ||
Debtor's Address | Attorney's Address | |
and Phone Number: | and Phone Number: | |
c/o Soneet R. Kapila, CRO | Genovese Joblove & Battista, P.A. | |
200 W. Cypress Creek Road | 200 East Broward Blvd. | |
Suite 400 | Suite 1100 | |
Ft. Lauderdale, Fl 33009 | Ft. Lauderdale, FL 33301 | |
(954) 453-8000 |
Note: The original Monthly Operating Report is to be filed with the court and a copy simultaneously provided to the United States Trustee Office. Monthly Operating Reports must be filed by the 20th day of the following month.
For assistance in preparing the Monthly Operating Report, refer to the following resources on the United States Trustee Program Website, http://www.usdoj.gov/ust/r21/index.htm.
1) Instructions for Preparations of Debtor's Chapter 11 Monthly Operating Report
2) Initial Filing Requirements
3) Frequently Asked Questions (FAQs) http://www.usdoj.gov/ust/.
MOR-1 |
SCHEDULE OF RECEIPTS AND DISBURSEMENTS
FOR THE PERIOD BEGINNING 04/15/2012 AND ENDING 04/30/2012
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Date of Petition: | April 15, 2012 |
CURRENT | CUMULATIVE | |||||||||
MONTH | PETITION TO DATE | |||||||||
1. | FUNDS AT BEGINNING OF PERIOD [NOTE 1] | $ | 91,372.14 | (a) | $ | 91,372.14 | (b) | |||
2. | RECEIPTS: | |||||||||
A. | Cash Sales | - | - | |||||||
Minus: Cash Refunds | - | - | ||||||||
Net Cash Sales | - | - | ||||||||
B. | Accounts Receivable | 6,835,699.29 | 6,835,699.29 | |||||||
C. Other Receipts (See MOR-3) | 3,014,072.41 | 3,014,072.41 | ||||||||
(If you receive rental income, | ||||||||||
you must attach rent roll.) | ||||||||||
3. | TOTAL RECEIPTS (Lines 2A+2B+2C) | 9,849,771.70 | 9,849,771.70 | |||||||
4. | TOTAL FUNDS AVAILABLE FOR | |||||||||
OPERATIONS (Line 1 + Line 3) | 9,941,143.84 | 9,941,143.84 | ||||||||
5. | DISBURSEMENTS | |||||||||
A. | Advertising | - | - | |||||||
B. | Bank Charges | - | - | |||||||
C. | Contract Labor | - | - | |||||||
D. | Fixed Asset Payments (not incl. in "N") | - | - | |||||||
E. | Insurance | 110,529.40 | 110,529.40 | |||||||
F. | Inventory Payments (See Attach. 2) | 119,362.73 | 119,362.73 | |||||||
G. | Leases | - | - | |||||||
H. | Manufacturing Supplies | - | - | |||||||
I. | Office Supplies | - | - | |||||||
J. | Payroll - Net (See Attachment 4B) | 258,373.86 | 258,373.86 | |||||||
K. | Professional Fees (Accounting & Legal) | 3,075.00 | 3,075.00 | |||||||
L. | Rent | - | - | |||||||
M. | Repairs & Maintenance | 75.82 | 75.82 | |||||||
N. | Secured Creditor Payments (See Attach. 2) | - | - | |||||||
O. | Taxes Paid - Payroll (See Attachment 4C) | 90,629.46 | 90,629.46 | |||||||
P. | Taxes Paid - Sales & Use (See Attachment 4C) | 451,713.32 | 451,713.32 | |||||||
Q. | Taxes Paid - Other (See Attachment 4C) | - | - | |||||||
R. | Telephone | 445.48 | 445.48 | |||||||
S. | Travel & Entertainment | 6,764.02 | 6,764.02 | |||||||
Y. | U.S. Trustee Quarterly Fees | - | - | |||||||
U. | Utilities | - | - | |||||||
V. | Vehicle Expenses | - | - | |||||||
W. | Other Operating Expenses (See MOR-3) | 3,646.72 | 3,646.72 | |||||||
6. | TOTAL DISBURSEMENTS (Sum of 5A thru W) | 1,044,615.81 | 1,044,615.81 | |||||||
7. | ENDING BALANCE (Line 4 Minus Line 6) [NOTE 1] | $ | 8,896,528.03 | (c) | $ | 8,896,528.03 | (c) |
NOTE 1: All available funds are applied to the Wells Fargo revolving loan balance
I declare under penalty of perjury that this statement and the accompanying documents and reports are true and correct to the best of my knowledge and belief.
This 29th day of May, 2012 | /s/ Soneet R. Kapila |
Soneet R. Kapila, Chief Restructuring Officer |
(a) | This number is carried forward from last month's report. For the first report only, this number will be the balance as of the petition date. |
(b) | This figure will not change from month to month. It is always the amount of funds on hand as of the date of the petition. |
(c) | These two amounts will always be the same if form is completed correctly. |
MOR-2 |
MONTHLY SCHEDULE OF RECEIPTS AND DISBURSEMENTS (cont'd)
Detail of Other Receipts and Other Disbursements
OTHER RECEIPTS:
Describe Each Item of Other Receipt and List Amount of Receipt. Write totals on Page MOR-2, Line 2C.
Description | Current Month | Cumulative Petition to Date | ||||||
Refunds | $ | 21,055.92 | $ | 21,055.92 | ||||
Intercompany | 1,198,133.61 | 1,198,133.61 | ||||||
Intercompany | 1,794,882.88 | 1,794,882.88 | ||||||
- | - | |||||||
- | - | |||||||
- | - | |||||||
- | - | |||||||
- | - | |||||||
- | - | |||||||
TOTAL OTHER RECEIPTS | $ | 3,014,072.41 | $ | 3,014,072.41 |
"Other Receipts" includes Loans from Insiders and other sources (i.e. Officer/Owner, related parties, directors, related corporations, etc.) Please describe below:
Loan Amount | Source of Funds | Purpose | Repayment Schedule | ||||
OTHER DISBURSEMENTS:
Describe Each Item of Other Disbursement and List Amount of Disbursement. Write totals on Page MOR-2, Line 5W.
Description | Current Month | Cumulative Petition to Date | ||||||
Other disbursements | $ | 3,646.72 | $ | 3,646.72 | ||||
- | - | |||||||
- | - | |||||||
- | - | |||||||
- | - | |||||||
- | - | |||||||
- | - | |||||||
- | - | |||||||
- | - | |||||||
TOTAL OTHER DISBURSEMENTS | $ | 3,646.72 | $ | 3,646.72 |
NOTE: Attach a current Balance Sheet and Income (Profit & Loss) Statement.
MOR-3 |
SMF Energy Corporation, Inc. | ||||||
Operating Results | ||||||
For the period of April 16th to April 30, 2012 |
STR | SSI | H&W | Realty | Elimination | SMF Energy | |||||||||||||||||||
Petroleum product sales and service revenues | $ | 976,634 | $ | 0 | $ | 2,779,023 | $ | 0 | $ | 0 | $ | 3,755,657 | ||||||||||||
Petroleum product taxes | 148,239 | 0 | 84,059 | 0 | 0 | 232,298 | ||||||||||||||||||
Total revenues | 1,124,873 | 0 | 2,863,082 | 0 | 0 | 3,987,955 | ||||||||||||||||||
Cost of petroleum product sales and service | 637,480 | 9,793 | 2,644,877 | 0 | 0 | 3,292,150 | ||||||||||||||||||
Petroleum product taxes | 148,239 | 0 | 84,059 | 0 | 0 | 232,298 | ||||||||||||||||||
Total cost of sales | 785,719 | 9,793 | 2,728,936 | 0 | 0 | 3,524,448 | ||||||||||||||||||
Gross profit | 339,154 | -9,793 | 134,146 | 0 | 0 | 463,507 | ||||||||||||||||||
Selling, general and administrative expenses | 249,042 | 0 | 93,434 | 0 | 0 | 342,476 | ||||||||||||||||||
Executive retirement and related transition expenses | 0 | 0 | 0 | 0 | 0 | 0 | ||||||||||||||||||
Operating income (loss) | 90,112 | -9,793 | 40,712 | 0 | 0 | 121,031 | ||||||||||||||||||
Interest expense | -41,977 | -3,000 | -20,334 | 0 | 23,000 | -42,310 | ||||||||||||||||||
Interest and other income, net | 22,990 | 10 | 590 | 0 | -23,000 | 590 | ||||||||||||||||||
Income (Loss) before income taxes | 71,125 | -12,783 | 20,968 | 0 | 0 | 79,310 | ||||||||||||||||||
Income tax benefit (expense) | 0 | 0 | -8,667 | 0 | 0 | -8,667 | ||||||||||||||||||
Net Income (loss) | $ | 71,125 | - | $12,783 | $ | 12,301 | $ | 0 | $ | 0 | $ | 70,643 |
The accompanying financial statements of SMF Energy Corporation as of and for the periods ended March 31, 2012 and thereafter have been prepared on a going-concern, historical cost basis and do not include any adjustments that might be required under Generally Accepted Accounting Principles (GAAP) as a result of the company’s Chapter 11 bankruptcy filing on April 15, 2012, the cessation of certain operations since that filing or a plan the company recently filed with the Bankruptcy Court to sell itself at auction. | ||||||
Unrecorded adjustments that might be required under GAAP include, but may not be limited to, the adoption of a liquidation basis of accounting. This would require a full assessment of the value of the company’s resources and obligations in such a liquidation. It would measure the items in the company’s financial statements based on the actual amount of cash that it expects to collect or pay during the course of the liquidation process. Adjustments to the carrying value of all the company’s assets and liabilities would be required. | ||||||
The accompanying financial statements have not been reviewed by any outside accountants. |
MOR-4 |
SMF Energy Corporation, Inc. | ||||||||||||||||||||||||
Balance Sheet | ||||||||||||||||||||||||
as of April 30, 2012 | ||||||||||||||||||||||||
STR | SSI | H&W | Realty | Elimination | SMF Energy | |||||||||||||||||||
ASSETS | ||||||||||||||||||||||||
Current assets: | ||||||||||||||||||||||||
Cash and cash equivalents | $ | 8,896,528 | $ | 0 | $ | 613,833 | $ | 0 | $ | 0 | $ | 9,510,361 | ||||||||||||
Accounts receivable | 5,280,292 | 0 | 6,863,463 | 0 | 0 | 12,143,755 | ||||||||||||||||||
Inventories | 0 | 0 | 2,300,440 | 0 | 0 | 2,300,440 | ||||||||||||||||||
Prepaid expenses and other current assets | 1,277,656 | 0 | 41,951 | 0 | 0 | 1,319,606 | ||||||||||||||||||
Total current assets | 15,454,476 | 0 | 9,819,686 | 0 | 0 | 25,274,162 | ||||||||||||||||||
Property and equipment | 4,885,579 | 410,176 | 2,766,615 | 66,679 | 0 | 8,129,049 | ||||||||||||||||||
Inter-company | 738,629,739 | 111,372,889 | 604,689,576 | 0 | -1,454,692,204 | 0 | ||||||||||||||||||
Identifiable intangible assets | 0 | 0 | 1,324,215 | 0 | 0 | 1,324,215 | ||||||||||||||||||
Goodwill | 0 | 0 | 227,712 | 0 | 0 | 227,712 | ||||||||||||||||||
Deferred debt costs | 237,986 | 0 | 33,060 | 0 | 0 | 271,046 | ||||||||||||||||||
Other assets | 67,442 | 0 | 2,300 | 0 | 0 | 69,742 | ||||||||||||||||||
Total assets | 759,275,223 | 111,783,065 | 618,863,164 | 66,679 | -1,454,692,204 | 35,295,927 | ||||||||||||||||||
LIABILITIES AND SHAREHOLDERS’ EQUITY | ||||||||||||||||||||||||
Current liabilities: | ||||||||||||||||||||||||
Line of credit payable - Current | $ | 6,946,206 | $ | 0 | $ | 0 | $ | 0 | $ | 0 | $ | 6,946,206 | ||||||||||||
Current portion of term loan/mtg | 1,000,000 | 0 | 70,467 | 0 | 0 | 1,070,467 | ||||||||||||||||||
Accounts payable | 13,568,474 | 4,878 | 2,058,389 | 0 | 0 | 15,631,742 | ||||||||||||||||||
Accrued expenses and other liabilities | 1,036,668 | 16,968 | 966,856 | 0 | 0 | 2,020,492 | ||||||||||||||||||
Total current liabilities | 22,551,349 | 21,847 | 3,095,712 | 0 | 0 | 25,668,907 | ||||||||||||||||||
Long-term liabilities: | ||||||||||||||||||||||||
Term loan/mtg, net of current portion | 1,250,000 | 0 | 963,044 | 0 | 0 | 2,213,045 | ||||||||||||||||||
Promissory note | 800,000 | 0 | 0 | 0 | 0 | 800,000 | ||||||||||||||||||
Inter-company | 711,597,215 | 106,822,399 | 625,605,274 | 88,979 | -1,444,113,868 | 0 | ||||||||||||||||||
Other long-term liabilities | 587,733 | 0 | 1,631 | 0 | 0 | 589,364 | ||||||||||||||||||
Total liabilities | 736,786,296 | 106,844,246 | 629,665,662 | 88,979 | -1,444,113,868 | 29,271,315 | ||||||||||||||||||
Contingencies | ||||||||||||||||||||||||
Shareholders’ equity: | ||||||||||||||||||||||||
Preferred stock, $0.01 par value; 5,000 Series D shares authorized | 5 | 0 | 0 | 0 | 0 | 5 | ||||||||||||||||||
Common stock, $0.01 par value; 50,000,000 shares authorized | 84,320 | 1 | 0 | 0 | 0 | 84,321 | ||||||||||||||||||
Additional paid-in capital | 36,313,899 | 6,607,548 | 3,970,788 | 0 | -10,578,336 | 36,313,899 | ||||||||||||||||||
Accumulated deficit | -13,909,297 | -1,668,730 | -14,773,286 | -22,300 | 0 | -30,373,613 | ||||||||||||||||||
Total shareholders’ equity | 22,488,927 | 4,938,819 | -10,802,498 | -22,300 | -10,578,336 | 6,024,612 | ||||||||||||||||||
Total liabilities and shareholders’ equity | 759,275,223 | 111,783,065 | 618,863,164 | 66,679 | -1,454,692,204 | 35,295,927 |
The accompanying financial statements of SMF Energy Corporation as of and for the periods ended March 31, 2012 and thereafter have been prepared on a going-concern, historical cost basis and do not include any adjustments that might be required under Generally Accepted Accounting Principles (GAAP) as a result of the company’s Chapter 11 bankruptcy filing on April 15, 2012, the cessation of certain operations since that filing or a plan the company recently filed with the Bankruptcy Court to sell itself at auction. | ||||||
Unrecorded adjustments that might be required under GAAP include, but may not be limited to, the adoption of a liquidation basis of accounting. This would require a full assessment of the value of the company’s resources and obligations in such a liquidation. It would measure the items in the company’s financial statements based on the actual amount of cash that it expects to collect or pay during the course of the liquidation process. Adjustments to the carrying value of all the company’s assets and liabilities would be required. | ||||||
The accompanying financial statements have not been reviewed by any outside accountants. |
MOR-5 |
ATTACHMENT 1
MONTHLY ACCOUNTS RECEIVABLE RECONCILIATION AND AGING
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
ACCOUNTS RECEIVABLE AT PETITION DATE: | $ | 11,505,148.43 |
ACCOUNTS RECEIVABLE RECONCILIATION
(include all accounts receivable, pre-petition and post-petition, including charge card sales which have not been received):
Beginning of Month Balance: | $ | 11,505,148.43 | (a) | |
PLUS: Current Month New Billings | $ | 953,175.08 | ||
MINUS: Collections During the Month | $ | (6,835,699.29 | )(b) | |
PLUS/MINUS: Adjustments of Write-offs | $ | - | * | |
End of Month Balance | $ | 5,622,624.22 | (c) |
*For any adjustments or Write-offs provide explanation and supporting documentation, if applicable: |
POST PETITION ACCOUNTS RECEIVABLE AGING
(Show the total amount for each aging category for all accounts receivable)
0-30 Days | 31-60 Days | 61-90 Days | Over 90 Days | Total | ||||||||||||||
$ | 3,578,008.81 | $ | 1,063,421.57 | $ | 139,969.63 | $ | 841,224.21 | $ | 5,622,624.22 | (c) |
For any receivables in the "Over 90 Days" category, please provide the following:
Customer |
Receivable Date |
Status (Collection efforts taken, estimate of collectibility, write- off, disputed account, etc.) | ||
(a) This number is carried forward from last month's report. For the first report only, this number will be the balance as of the petition date.
(b) This must equal the number reported in the "Current Month" column of Schedule of Receipts and Disbursements (Page MOR-2, Line 2B).
(c) These two amounts must equal.
MOR-6 |
ATTACHMENT 2
MONTHLY ACCOUNTS PAYABLE AND SECURED PAYMENTS REPORT
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
In the space below list all invoices or bills incurred and not paid since the filing of the petition. Do not include amounts owed prior to filing the petition. In the alternative, a computer generated list of payables may be attached provided all information requested below is included.
POST-PETITION ACCOUNTS PAYABLE
Date Incurred |
Days Outstanding |
Vendor | Description |
Amount |
||||||
$ | - | |||||||||
See attached | - | |||||||||
- | ||||||||||
- | ||||||||||
- | ||||||||||
- | ||||||||||
- | ||||||||||
TOTAL AMOUNT | $ | - | (b) |
¨ | Check here is pre-petition debts have been paid. Attach an explanation and copies of supporting documentation. |
ACCOUNTS PAYABLE RECONCILIATION (Post Petition Unsecured Debt Only): |
Opening balance | $ | - | (a) | |
PLUS: New Indebtedness Incurred This Month | 13,867,044.29 | |||
MINUS: Amount Paid on Post Petition, | (298,570.28 | ) | ||
Accounts Payable This Month | - | |||
PLUS/MINUS: Adjustments | - | * | ||
Ending Month Balance | $ | 13,568,474.01 | (c) |
*For any adjustments provided explanation and supporting documentation, if applicable. |
SECURED PAYMENTS REPORT |
List the status of Payments to Secured Creditors and Lessors (Post Petition Only). If you have entered into a modification agreement with a secured creditor/lessor, consult with your attorney and the United States Trustee Program prior to completing this section.
Secured Creditor / Lessor |
Date Payment Due This Month |
Amount Paid This Month |
Number of Post Petition Payments Delinquent |
Total Amount of Post Petition Payments Delinquent | ||||||
$ | - | |||||||||
TOTAL | $ | - | (d) |
(a) This number is carried from last month's report. For the first report only, this number will be zero.
(b,c)The total of line (b) must equal line (c).
(d)This number is reported in the "Current Month" column of Schedule of Receipts and Disbursements (Page MOR-2, Line 5N).
MOR-7 |
ATTACHMENT 3
INVENTORY AND FIXED ASSET REPORT
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
INVENTORY REPORT
INVENTORY BALANCE AT PETITION DATE: | $ | 368,863.00 | ||
INVENTORY RECONCILIATION: | ||||
Inventory Balance at Beginning of Month | $ | 368,863.00 | (a) | |
PLUS: Inventory Purchased During Month | $ | 119,362.73 | ||
MINUS: Inventory Used or Sold | $ | 488,225.73 | ||
PLUS/MINUS: Adjustments or Write-downs | $-* | |||
Inventory on Hand at End of Month | $ | - |
METHOD OF COSTING INVENTORY: |
*For any adjustments or write-downs provide explanation and supporting documentation, if applicable. |
INVENTORY AGING
Less than 6 months old |
6 months to 2 years old |
Greater than 2 years old |
Considered Obsolete |
Total Inventory | |||||||||||||||
0.00 | % | 0.00 | % | 0.00 | % | 0.00 | % | = | 0 | %* |
*Aging Percentages must equal 100%
¨ | Check here if inventory contains perishable items. |
Description of Obsolete Inventory: | |
FIXED ASSET REPORT
FIXED ASSETS FAIR MARKET VALUE AT PETITION DATE: | $ | - | (b) | |
(Includes Property, Plant and Equipment) |
BRIEF DESCRIPTION: (First Report Only): | |
FIXED ASSETS RECONCILIATION: | ||||
Fixed Asset Book Value at Beginning of Month | $ | - | (a)(b) | |
MINUS: Depreciation Expense | $ | - | ||
PLUS: New purchases | $ | - | ||
PLUS/MINUS: Adjustments or Write-downs | $ | - | * | |
Ending Monthly Balance | $ | - |
*For any adjustments or write-downs, provide explanation and supporting documentation, if applicable. | ||
BRIEF DESCRIPTION OF FIXED ASSETS PURCHASED OR DISPOSED OF DURING THE REPORTING | ||
PERIOD: | ||
(a) This number is carried forward from last month's report. For the first report only, this number will be the balance as of the petition date.
(b)Fair Market Value is the amount at which fixed assets could be sold under current economic conditions.
Book Value is the cost of the fixed assets minus accumulated depreciation and other adjustments.
MOR-8 |
ATTACHMENT 4A
MONTHLY SUMMARY OF BANK ACTIVITY - OPERATING ACCOUNT
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
Attach a copy of current month bank statement and bank reconciliation to this Summary of Bank Activity. A standard bank reconciliation form can be found at http://www.usdoj.gov/ust/r21/index.htm. If bank accounts other than the three required by the United States Trustee Program are necessary, permission must be obtained from the United States Trustee prior to opening the accounts. Additionally, use of less than the three required bank accounts must be approved by the United States Trustee.
NAME OF BANK: | Wells Fargo | BRANCH: | Cypress Creek Road | ||
ACCOUNT NAME: | SMF Energy Corporation | ACCOUNT NUMBER: | 4124321431 | ||
Debtor In Possession | |||||
Chapter 11 Case No. 12-19084-RBR | |||||
Accounts Payable Account |
PURPOSE OF ACCOUNT: | Operating |
Ending Balance Per Bank Statement | $ | - | ||
Plus Total Amount of Outstanding Deposits | $ | - | ||
Minus Total Amount of Outstanding Checks and other debits | $ | (5,328.38 | )* | |
Minus Service Charges | $ | - | ||
Ending Balance Per Check Register | $ | (5,328.38 | )**(a) |
*Debit cards are used by ___________________________________________________ |
**If Closing Balance is negative, provide explanation:_____________________________ |
The following disbursements were paid in Cash (do not include items reported as Petty Cash on Attachment 4D:
(¨Check here if cash disbursements were authorized by United States Trustee)
Date | Amount | Payee | Purpose | Reason for Cash Disbursement | |||||
$ | - | ||||||||
TRANSFERS BETWEEN DEBTOR IN POSSESSION ACCOUNTS
"Total Amount of Outstanding Checks and other debits", listed above includes:
$ | - | Transferred to Payroll Account | ||
$ | - | Transferred to Tax Account |
(a) The total of this line on Attachment 4A, 4B, and 4C plus the total of 4D must equal the amount reported as "Ending Balance" on Schedule of Receipts and Disbursements (Page MOR-2, Line 7).
MOR-9 |
ATTACHMENT 5A
CHECK REGISTER- OPERATING ACCOUNT
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
NAME OF BANK: | Wells Fargo | BRANCH: | Cypress Creek Road | ||||
ACCOUNT NAME: | SMF Energy Corporation | ||||||
Debtor In Possession | |||||||
Chapter 11 Case No. 12-19084-RBR | |||||||
Accounts Payable Account | |||||||
ACCOUNT NUMBER: | 4124321431 | ||||||
PURPOSE OF ACCOUNT: | Operating |
Account for all disbursements, including voids, lost checks, stop payments, etc. In the alternative, a computer generated check register can be attached to this report, provided all the information requested below is included.
Date | Check Number |
Payee | Purpose | Amount | ||||||
See Attachment | $ | - | ||||||||
TOTAL | $ | - |
MOR-10 |
ATTACHMENT 4B | ||||||||||
MONTHLY SUMMARY OF BANK ACTIVITY - PAYROLL ACCOUNT | ||||||||||
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012 |
Attach a copy of current month bank statement and bank reconciliation to this Summary of Bank Activity. A standard bank reconciliation form can be found at http://www.usdoj.gov/ust/r21/index.htm. |
NAME OF BANK: | Wells Fargo | BRANCH: | Cypress Creek Road | ||||||||
ACCOUNT NAME: | SMF Energy Corporation | ACCOUNT NUMBER: | 2000011121866 | ||||||||
FKA Streicher Mobile Fueling Inc. | |||||||||||
Debtor In Possession | |||||||||||
Chapter 11 Case No. 12-19084-RBR | |||||||||||
PURPOSE OF ACCOUNT: | Payroll | ||||||||||
Ending Balance per Bank Statement | $ | 18,184.81 | |||||||||
Plus Total Amount of Outstanding Deposits | $ | - | |||||||||
Minus Total Amount of Outstanding Checks and other debits | $ | (3,799.56 | )* | ||||||||
Minus Service Charges | $ | - | |||||||||
Ending Balance Per Check Register | $ | 14,385.25 | **(a) |
*Debit cards must not be issued on this account. | ||||||||||
**If Closing Balance is negative, provide explanation:_______________________________ | ||||||||||
The following disbursements were paid in Cash: (¨ Check here if cash disbursements were authorized by United States Trustee)
Date | Amount | Payee | Purpose | Reason for Cash Disbursement | ||||
The following non-payroll disbursements were made from this account: | ||||||||
Date | Amount | Payee | Purpose | Reason for Cash Disbursement | ||||
(a) The total of this line on Attachment 4A, 4B, and 4C plus the total of 4D must equal the amount reported as "Ending Balance" on Schedule of Receipts and Disbursements (Page MOR-2, Line 7).
MOR-11 |
ATTACHMENT 5B | |||||||||
CHECK REGISTER- PAYROLL ACCOUNT |
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR | ||||||
Reporting Period beginning 04/15/2012 and ending 04/30/2012 | |||||||||
NAME OF BANK: | Wells Fargo | Branch: | Cypress Creek Road | ||||||
ACCOUNT NAME: | SMF Energy Corporation | ||||||||
FKA Streicher Mobile Fueling Inc. | |||||||||
Debtor In Possession | |||||||||
Chapter 11 Case No. 12-19084-RBR | |||||||||
ACCOUNT NUMBER: | 2000011121866 | ||||||||
PURPOSE OF ACCOUNT: | Payroll |
Account for all disbursements, including voids, lost checks, stop payments, etc. In the alternative, a computer generated check register can be attached to this report, provided all the information requested below is included. |
Date | Check Number |
Payee | Purpose | Amount | |||||
See Attachment |
|||||||||
TOTAL | $ | - |
MOR-12 |
ATTACHMENT 4C | ||||||||||
MONTHLY SUMMARY OF BANK ACTIVITY - MASTER FUNDING ACCOUNT |
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
Attach a copy of current month bank statement and bank reconciliation to this Summary of Bank Activity. A standard bank reconciliation form can be found at http://www.usdoj.gov/ust/r21/index.htm. If bank accounts other than the three required by the United States Trustee Program are necessary, permission must be obtained from the United States Trustee prior to opening the accounts. Additionally, use of less than the three required bank accounts must be approved by the United States Trustee.
NAME OF BANK: | Wells Fargo | BRANCH: | Cypress Creek Road | ||
ACCOUNT NAME: | SMF Energy Corporation | ACCOUNT NUMBER: | 4124321423 | ||
Debtor In Possession | |||||
Chapter 11 Case No. 12-19084-RBR | |||||
Master Funding Account | |||||
PURPOSE OF ACCOUNT: | Master Funding Account |
Ending Balance Per Bank Statement | $ | 7,422,517.73 | |
Plus Total Amount of Outstanding Deposits | $ | - | |
Minus Total Amount of Outstanding Checks and other debits | $ | - | * |
Minus Service Charges | $ | - | |
Ending Balance Per Check Register | $ | 7,422,517.73 | **(a) |
*Debit cards are used by ___________________________________________________ |
**If Closing Balance is negative, provide explanation:_____________________________ |
The following disbursements were paid in Cash (do not include items reported as Petty Cash on Attachment 4D: |
(¨ Check here if cash disbursements were authorized by United States Trustee) |
Date | Amount | Payee | Purpose | Reason for Cash Disbursement | |||||
$ | - | ||||||||
TRANSFERS BETWEEN DEBTOR IN POSSESSION ACCOUNTS
"Total Amount of Outstanding Checks and other debits", listed above includes:
$ | - | Transferred to Payroll Account | ||
$ | - | Transferred to Tax Account |
(a) The total of this line on Attachment 4A, 4B, and 4C plus the total of 4D must equal the amount reported as "Ending Balance" on Schedule of Receipts and Disbursements (Page MOR-2, Line 7). |
MOR-13 |
ATTACHMENT 5C | ||||||||||
CHECK REGISTER- MASTER FUNDING ACCOUNT | ||||||||||
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR | |||||||
Reporting Period beginning 04/15/2012 and ending 04/30/2012 | ||||||||||
NAME OF BANK: | Wells Fargo | Branch: | Cypress Creek Road | |||||||
ACCOUNT NAME: | SMF Energy Corporation | |||||||||
Debtor In Possession | ||||||||||
Chapter 11 Case No. 12-19084-RBR | ||||||||||
Master Funding Account | ||||||||||
ACCOUNT NUMBER: | 4124321423 | |||||||||
PURPOSE OF ACCOUNT: | Master Funding Account |
Account for all disbursements, including voids, lost checks, stop payments, etc. In the alternative, a computer generated check register can be attached to this report, provided all the information requested below is included.
Date | Check Number |
Payee | Purpose | Amount | |||||||
See Attachment | $ | - | |||||||||
TOTAL | $ | - | (d) |
MOR-14 |
ATTACHMENT 4D
MONTHLY SUMMARY OF BANK ACTIVITY - CASH COLLECTION ACCOUNT
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
Attach a copy of current month bank statement and bank reconciliation to this Summary of Bank Activity. A standard bank reconciliation form can be found at http://www.usdoj.gov/ust/r21/index.htm. If bank accounts other than the three required by the United States Trustee Program are necessary, permission must be obtained from the United States Trustee prior to opening the accounts. Additionally, use of less than the three required bank accounts must be approved by the United States Trustee.
NAME OF BANK: | Wells Fargo | BRANCH: | Cypress Creek Road | |||||
ACCOUNT NAME: | SMF Energy Corporation | ACCOUNT NUMBER: | 2000011121837 | |||||
DBA Streicher Mobile Fueling Inc. | ||||||||
Debtor In Possession | ||||||||
Atlanta Lockbox #932640 | ||||||||
PURPOSE OF ACCOUNT: | Cash Collection Account | |||||||
Ending Balance Per Bank Statement | $ | 1,460,845.26 | |
Plus Total Amount of Outstanding Deposits | $ | - | |
Minus Total Amount of Outstanding Checks and other debits | $ | - | * |
Minus Service Charges | $ | - | |
Ending Balance Per Check Register | $ | 1,460,845.26 | **(a) |
*Debit cards are used by ___________________________________________________ |
**If Closing Balance is negative, provide explanation:_____________________________ |
The following disbursements were paid in Cash (do not include items reported as Petty Cash on Attachment 4D: |
(¨ Check here if cash disbursements were authorized by United States Trustee) |
Date | Amount | Payee | Purpose | Reason for Cash Disbursement | |||||
$ | - | ||||||||
TRANSFERS BETWEEN DEBTOR IN POSSESSION ACCOUNTS
"Total Amount of Outstanding Checks and other debits", listed above includes:
$ | - | Transferred to Payroll Account | ||
$ | - | Transferred to Tax Account |
(a) The total of this line on Attachment 4A, 4B, and 4C plus the total of 4D must equal the amount reported as "Ending Balance" on Schedule of Receipts and Disbursements (Page MOR-2, Line 7).
MOR-15 |
ATTACHMENT 5D
CHECK REGISTER- CASH COLLECTION ACCOUNT
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
NAME OF BANK: | Wells Fargo | BRANCH: | Cypress Creek Road | ||||
ACCOUNT NAME: | SMF Energy Corporation | ||||||
DBA Streicher Mobile Fueling Inc. | |||||||
Debtor In Possession | |||||||
Atlanta Lockbox #932640 | |||||||
ACCOUNT NUMBER: | 2000011121837 | ||||||
PURPOSE OF ACCOUNT: | Cash Collection Account |
Account for all disbursements, including voids, lost checks, stop payments, etc. In the alternative, a computer generated check register can be attached to this report, provided all the information requested below is included.
Date |
Check Number |
Payee | Purpose | Amount | ||||||
TOTAL | $ | - |
MOR-16 |
ATTACHMENT 4E
MONTHLY SUMMARY OF BANK ACTIVITY - CONTROL DISBURSEMENT
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
Attach a copy of current month bank statement and bank reconciliation to this Summary of Bank Activity. A standard bank reconciliation form can be found at http://www.usdoj.gov/ust/r21/index.htm. If bank accounts other than the three required by the United States Trustee Program are necessary, permission must be obtained from the United States Trustee prior to opening the accounts. Additionally, use of less than the three required bank accounts must be approved by the United States Trustee.
NAME OF BANK: | Wells Fargo | BRANCH: | Cypress Creek Road | ||
ACCOUNT NAME: | SMF Energy Corporation | ACCOUNT NUMBER: | 2079940014538 | ||
Debtor In Possession | |||||
Chapter 11 Case No. 12-19084-RBR | |||||
PURPOSE OF ACCOUNT: | Control Disbursement |
Ending Balance Per Bank Statement | $ | - | |
Plus Total Amount of Outstanding Deposits | $ | - | |
Minus Total Amount of Outstanding Checks and other debits | $ | - | * |
Minus Service Charges | $ | - | |
Ending Balance Per Check Register | $ | - | **(a) |
*Debit cards are used by ___________________________________________________ |
**If Closing Balance is negative, provide explanation:_____________________________ |
The following disbursements were paid in Cash (do not include items reported as Petty Cash on Attachment 4D: |
(¨ Check here if cash disbursements were authorized by United States Trustee) |
Date | Amount | Payee | Purpose | Reason for Cash Disbursement | |||||
$ | - | ||||||||
TRANSFERS BETWEEN DEBTOR IN POSSESSION ACCOUNTS |
"Total Amount of Outstanding Checks and other debits", listed above includes: |
$ | - | Transferred to Payroll Account | ||
$ | - | Transferred to Tax Account |
(a) The total of this line on Attachment 4A, 4B, and 4C plus the total of 4D must equal the amount reported as "Ending Balance" on Schedule of Receipts and Disbursements (Page MOR-2, Line 7).
MOR-17 |
ATTACHMENT 5E
CHECK REGISTER- CONTROL DISBURSEMENT ACCOUNT
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR | |||||
Reporting Period beginning 04/15/2012 and ending 04/30/2012 | ||||||||
NAME OF BANK: | Wells Fargo | BRANCH: | Cypress Creek Road | |||||
ACCOUNT NAME: | SMF Energy Corporation | |||||||
Debtor In Possession | ||||||||
Chapter 11 Case No. 12-19084-RBR | ||||||||
ACCOUNT NUMBER: | 4124321431 | |||||||
PURPOSE OF ACCOUNT: | Control Disbursement Account | |||||||
Account for all disbursements, including voids, lost checks, stop payments, etc. In the alternative, a computer generated check register can be attached to this report, provided all the information requested below is included.
Date |
Check Number |
Payee | Purpose | Amount | ||||||
See Attachment | $ | - | ||||||||
TOTAL | $ | - |
MOR-18 |
ATTACHMENT 4F
INVESTMENTS ACCOUNTS AND PETTY CASH REPORT
INVESTMENT ACCOUNTS
Each savings and investment account, i.e. certificates of deposits, money market accounts, stocks and bonds, etc., should be listed separately. Attach copies of account statements.
Type of Negotiable
Instrument | Face Value | Purchase Price | Date of Purchase |
Current Market Value |
||||||||
NONE | $ | - | $ | - | $ | - | ||||||
TOTAL | $ | - | (a) |
PETTY CASH REPORT
The following Petty Cash Drawers/Accounts are maintained:
(Column 2) | (Column 3) | (Column 4) | ||||||||||
Location of Box/Account |
Maximum Amount of Cash in Drawer/ Acct. |
Amount of Petty Cash On Hand At End of Month |
Difference between (Column 2) and (Column 3) |
|||||||||
Corporate Office | $ | 4,108.17 | $ | 4,108.17 | $ | - | ||||||
TOTAL | $ | 4,108.17 | (b) |
For any Petty Cash Disbursement over $100 per transaction, attach copies of receipts. If there are no receipts, provide an explanation | ||||
TOTAL INVESTMENT ACCOUNTS AND PETTY CASH (a + b) | $ | 4,108.17 | (c) |
(c) The total of this line on Attachment 4A, 4B and 4C plus the total of 4D must equal the amount reported as "Ending Balance" on Schedule of Receipts and Disbursements (Page MOR-2, Line 7).
MOR-19 |
ATTACHMENT 6
MONTHLY TAX REPORT
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
TAXES OWED AND DUE
Report all unpaid post-petition taxes including Federal and State withholding FICA, State sales tax, property tax, unemployment tax, State workmen's compensation, etc.
Name of Taxing Authority |
Date Payment Due |
Description | Amount |
Date Last Tax Return Filed |
Tax Return Period | ||||||
$ | - | ||||||||||
SEE ATTACHED | |||||||||||
TOTAL | $ | - |
MOR-20 |
ATTACHMENT 7
SUMMARY OF OFFICER OR OWNER COMPENSATION
SUMMARY OF PERSONNEL AND INSURANCE COVERAGES
Name of Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
Record all forms of compensation received by or paid on behalf of the Officer or Owner during the month. Include car allowances, payments to retirement plans, loan repayments, payments of Officer/Owner's personal expenses, insurance premium payments, etc. Do not include reimbursement of business expenses Officer or Owner incurred and for which detailed receipts are maintained in the accounting records.
Name of Officer or Owner | Title |
Payment Description |
Amount Paid | ||||||
Beard, Robert W | President and COO | Salary/Auto | $ | 6,457.30 | |||||
Bieniek, Linda | Vice President of Human Resources | Salary/Auto | $ | 3,961.53 | |||||
Koshollek, Timothy | Vice President Sales - National Accounts |
Salary/Auto | $ | 5,115.38 | |||||
Leavitt, Steven E | Regional Vice President - Operations | Salary/Auto | $ | 5,000.00 | |||||
Messenbaugh, Laura Patricia | V P of Finance & Accounting, CAO and Principal Acctng Officer |
Salary/Auto | $ | 7,249.61 | |||||
Shaw, Timothy E | Sr. Vice President, Information Services & Administration & CIO |
Salary/Auto | $ | 6,457.30 | |||||
Streicher, Stanley R | Regional Vice President - Operations | Salary/Auto | $ | 5,000.00 | |||||
Williams, Gary G | Senior Vice President, Supply | Salary | $ | 5,427.31 |
PERSONNEL REPORT |
Full Time | Part Time | |||||
Number of employees at beginning of period | 146 | 4 | ||||
Number hired during the period | 0 | 0 | ||||
Number terminated or resigned during period | -92 | -2 | ||||
Number of employees on payroll at end of period | 54 | 2 |
CONFIRMATION OF INSURANCE |
List all policies of insurance in effect, including but not limited to workers' compensation, liability, fire, theft, comprehensive, vehicle, health and life. For the first report, attach a copy of the declaration sheet for each type of insurance. For subsequent reports, attach a certificate of insurance for any policy in which a change occurs during the month (new carrier, increased policy limits, renewal, etc.).
Agent and/or Carrier |
Phone Number |
Policy Number |
Coverage Type |
Expiration Date |
Date Premium Due |
||||||
See attached | |||||||||||
The following lapse in insurance coverage occurred this month:
Policy Type |
Date Lapsed |
Date Reinstated |
Reason for Lapse | ||||
¨ Check here if U.S. Trustee has been listed as Certificate Holder for all insurance policies.
MOR-21 |
ATTACHMENT 8
SIGNIFICANT DEVELOPMENTS DURING REPORTING PERIOD
Name of the Debtor: | SMF Energy Corporation | Case Number: | 12-19084-RBR |
Reporting Period beginning 04/15/2012 and ending 04/30/2012
Information to be provided on this page, includes, but is not limited to: (1) financial transactions that are not reported on this report, such as the sale of real estate (attach closing statement ); (2) non-financial transactions, such as the substitution of assets or collateral; (3) modifications to loan agreements; (4) change in senior management, etc.
Attach any relevant documents.
MOR-22 |
For the complete Monthly Operating Report including all attachments to the MOR (i.e. bank statements, check registers, etc.) please refer to the SMF Bankruptcy Website at www.SMF-bkc.com
MOR-23 |