Download - Metro Fuel
-
7/29/2019 Metro Fuel
1/18
B1 (Official Form 1) (12/11)
United States Bankruptcy Court
Eastern District of New YorkVoluntary Petition
Name of Debtor (if individual, enter Last, First, Middle):
Metro Fuel Oil Corp.
Name of Joint Debtor (Spouse) (Last, First, Middle):
All Other Names used by the Debtor in the last 8 years(include married, maiden, and trade names):
fka Newtown Realty Associates, Inc.; fka Frater Fuel Company; fka Sparbro Fuel Oil; fka Rocky & Marciano
Fuel Oil; fka Northside Fuel; fka Dan-Paul Fuel Oil; fka Henjes Company; fka Seasons Fuel Oil
All Other Names used by the Joint Debtor in the last 8 years
(include married, maiden, and trade names):
Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN(if more than one, state all):
11-2658894
Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN(if more than one, state all):
Street Address of Debtor(No. and Street, City, and State):
500 Kingsland Avenue
Brooklyn, New York ZIP CODE
11222
Street Address of Joint Debtor(No. and Street, City, and State):
ZIP CODE
County of Residence or of the Principal Place of Business:
Kings County
County of Residence or of the Principal Place of Business:
Mailing Address of Debtor(if different from street address):
ZIP CODE
Mailing Address of Joint Debtor(if different from street address):
ZIP CODE
Location of Principal Assets of Business Debtor(if different from street address above): ZIP CODE
Type of Debtor
(Form of Organization)(Checkone box.)
Nature of Business
(Checkonebox.)
Health Care Business
Single Asset Real Estate as defined in
11 U.S.C. 101(51B)
Railroad
Stockbroker
Commodity Broker
Clearing Bank
Other
Energy
Tax-Exempt Entity(Check box, if applicable.)
Debtor is a tax-exempt organization under title
26 of the United States Code (the Internal
Revenue Code).
Chapter of Bankruptcy Code Under Which
the Petition is Filed (Checkone box.)
Individual (includes Joint Debtors)
See Exhibit D on page 2 of this form.
Corporation (includes LLC and LLP)
Partnership
Other (If debtor is not one of the above
entities, check this box and state type of entitybelow.)
Chapter 15 DebtorsCountry of debtors center of main interests:
Each country in which a foreign proceeding by,regarding, or against debtor is pending:
Chapter 7
Chapter 9
Chapter 11
Chapter 12
Chapter 13
Chapter 15 Petition for Recognition
of a Foreign Main Proceeding
Chapter 15 Petition for Recognition
of a Foreign Nonmain Proceeding
Nature of Debts
(Checkone box.)
Debts are primarily consumer debts,
defined in 11 U.S.C. 101(8) as"incurred by an individual primarily fora personal, family, or householdpurpose."
Debts are primarilybusiness debts.
Filing Fee (Checkonebox.)
Full Filing Fee attached.
Filing Fee to be paid in installments (applicable to individuals only) Must attach
signed application for the court's consideration certifying that the debtor is unable topay fee except in installments. Rule 1006(b). See Official Form 3A.
Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach
signed application for the court's consideration. See Official Form 3B.
Chapter 11 DebtorsCheck one box:
Debtor is a small business debtor as defined in 11 U.S.C. 101(51D).
Debtor is not a small business debtor as defined in 11 U.S.C. 101(51D).
Check if:
Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or
affiliates) are less than $2,343,300 (amount subject to adjustment on 4/01/13 and everythree years thereafter).
Check all applicable boxes:
A plan is being filed with this petition.
Acceptances of the plan were solicited prepetition from one or more classes of creditors,
in accordance with 11 U.S.C. 1126(b).
Statistical/Administrative Information
Debtor estimates that funds will be available for distribution to unsecured creditors.
Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to
unsecured creditors.
THIS SPACE IS FOR
COURT USE ONLY
Estimated Number of Creditors
1-49 50-99 100-199 200-999 1,000-5,000
5,001-10,000
10,001-25,000
25,001-50,000
50,001-100,000
Over100,000
Estimated Assets
$0 to$50,000
$50,001 to$100,000
$100,001 to$500,000
$500,001 to$1 million
$1,000,001 to$10 million
$10,000,001 to$50 million
$50,000,001 to$100 million
$100,000,001to $500 million
$500,000,001to $1 billion
More than$1 billion
Estimated Liabilities
$0 to$50,000
$50,001 to$100,000
$100,001 to$500,000
$500,001 to$1 million
$1,000,001 to$10 million
$10,000,001 to$50 million
$50,000,001 to$100 million
$100,000,001to $500 million
$500,000,001to $1 billion
More than$1 billion
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
2/18
B1 (Official Form 1) (12/11) Page 2
Voluntary Petition(This page must be completed and filed in every case)
Name of Debtor(s):
Metro Fuel Oil Corp.
All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.)
LocationWhere Filed:
Case Number: Date Filed:
LocationWhere Filed:
Case Number: Date Filed:
Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet.)
Name of Debtor:
See attached Schedule 1
Case Number:
See attached Schedule 1
Date Filed:
District:Eastern District of New York Relationship: Judge:
Exhibit A
(To be completed if debtor is required to file periodic reports (e.g., forms 10Kand 10Q) with the Securities and Exchange Commission pursuant to Section 13or 15(d) of the Securities Exchange Act of 1934 and is requesting relief underchapter 11.)
Exhibit B(To be completed if debtor is an individualwhose debts are primarily consumer debts.)
I, the attorney for the petitioner named in the foregoing petition, declare that Ihave informed the petitioner that [he or she] may proceed under chapter 7, 11,12, or 13 of title 11, United States Code, and have explained the relief availableunder each such chapter. I further certify that I have delivered to the debtor thenotice required by 11 U.S.C. 342(b).
Exhibit A is attached and made a part of this petition. X
Signature of Attorney for Debtor(s) (Date)
Exhibit C
Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety?
Yes, and Exhibit C is attached and made a part of this petition.
No.
Exhibit D
(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
Exhibit D, completed and signed by the debtor, is attached and made a part of this petition.
If this is a joint petition:
Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition.
Information Regarding the Debtor - Venue(Check any applicable box)
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately
preceding the date of this peti tion or for a longer part of such 180 days than in any other District.
There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has
no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in thisDistrict, or the interests of the parties will be served in regard to the relief sought in this District.
Certification by a Debtor Who Resides as a Tenant of Residential Property(Check all applicable boxes.)
Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.)
(Name of landlord that obtained judgment)
(Address of landlord)
Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire
monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and
Debtor has included in this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of
the petition.
Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. 362(1)).
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
3/18
BI (Official Fonn I) (12111) Page 3Voluntary Petition Name of Debtor(s):fIhis page must be completed andfil ed in every case) Metro Fuel Oil Corp.
SignaturesSignature(s) of Debtor(s) (Individual/Joint)
I declare under penalty of perjury that the information provided in this petitionis true and correct.[If petitioner is an individual whose debts are primarily consumer debts andhas chosen to file under chapter 7) I am aware that I may proceed underchapter 7, II , 12 or 13 of title II , United States Code, understand the reliefavailable under each such chapter, and choose to proceed under chapter 7.[If no attorney represents me and no bankruptcy peti tion pre parer signs thepetition) I have obtained and read the notice required by II U.S.C. 342(b).I request relief in accordance with the chapter of title II , United States Code,specified in this petition.X _____________________________________________
Signature of DebtorX ~ - - - - ~ ~ ~ ~ - - - - - - - - - - - - - - - - - - - - - - - - - - -Signature of Joint Debtor
Telephone Number (If not represented by attorney)
Date Signature of Attorney*X /s/ Christopher J. Marcus
Signature of Attorney for Debtor(s)Christopher J. MarcusPrinted Name of Attorney for Debtor(s)
Kirkland & Ellis LLPFirm Name601 Lexington Avenue, New York, New York 10022-4611Address(212) 446-4800Telephone NumberSeptember 27, 2012Date
"In a case in which 707(b)(4)(D) applies, this signature also constitutes acertification that the attorney has no knowledge after an inquiry that theinformation in the schedules is incorrect.Signature of Debtor (CorporationlPartnership)
I declare under penalty of perjury that the information provided in this petitionis true and correct, and that I have been authorized to file this petition onbehalf of the debtor.The debtor requests relief in accordance with the chapter of title II , UnitedStates Code, specified in this petition.
X - : : - : - - - - - - + ~ : _ = . _ _ _ : ; : C A : . ~ _ ? : : _ _ , i ; J ; 2 ~ / ~ c ~ - - - " - - . , ~ - - = - - ( / - - - -Signature of Authorized Individual
PaulJ.PulloPrinted Name of Authorized IndividualAuthorized SignatoryTitle of Authorized IndividualSeptember 27, 2012Date
Signature of a Foreign RepresentativeI declare under penalty of perjury that the information provided in this petition istrue and correct, that I am the foreign representative of a debtor in a foreignproceeding, and that I am authorized to file this petition.(Check only one box.)D I request relief in accordance with chapter 15 of title II , United StatesCode. Certified copies of the documents required by II U.S.c. 1515 areattached.D Pursuant to 11 U.S.C. 1511, I request relief in accordance with the
chapter of title II specified in this petition. A certified copy of the ordergranting recognition of the foreign main proceeding is attached.
x~ ~ - - - - ~ - - ~ - - - - - - - - ~ ~ - - - - - - - - - - - - - - - - - - - - -(Signature of Foreign Representative)
(Printed Name of Foreign Representative)Date
Signature of Non-Attorney Bankruptcy Petition PreparerI declare under penalty of perjury that: (I) I am a bankruptcy petition prepareras defined in II U.S.C. 110; (2) I prepared this document for compensationand have provided the debtor with a copy of this document and the notices andinformation required under II U.S.C. 110(b), 110(h), and 342(b); and, (3) ifrules or guidelines have been promulgated pursuant to II U.S.C. 110(h) settinga maximum fee for services chargeable by bankruptcy petition preparers, I havegiven the debtor notice of the maximum amount before preparing any documentfor filing for a debtor or accepting any fee from the debtor, as required in thatsection. Official form 19 is attached.
Printed Name and title, if any, of Bankruptcy Petition PreparerSocial Security number (I f the bankruptcy petition preparer is not anindividual, state the Social Security number of the officer, principal,responsible person or partner of he bankruptcy petition preparer. )(Requiredby II U.S.C. 110.)
AddressX ~ ______________________________________ _
Signature
Date
Signature of bankruptcy petition preparer or officer, principal, responsibleperson, or partner whose Social Security number is provided above.Names and Social Security numbers of all other individuals who prepared orassisted in preparing this document unless the bankruptcy petition preparer is notan individual.If more than one person prepared this document, attach additional sheetsconforming to the appropriate official form of each person.A bankruptcy petition preparer s failure to comply with the provisions of itle 11and the Federal Rules of Bankruptcy Procedure may result in fines orimprisonment or both 11 u.s.c. 110; 18 u.s.c. 156.
ase - - -ess oc e ntere : :
-
7/29/2019 Metro Fuel
4/18
Schedule 1
Pending Bankruptcy Cases Filed by the Debtors and Affiliates of the Debtor
On the date hereof, each of the entities listed below (collectively, the Debtors) filed a
petition in this court for relief under chapter 11 of title 11 of the United States Code in the UnitedStates Bankruptcy Court. The Debtors have moved for joint administration of these cases underthe case number assigned to the chapter 11 case of Metro Fuel Oil Corp.
1. Metro Fuel Oil Corp.2. Metro Terminals Corp.3. Metro Terminals of Long Island, LLC4. Metro Biofuels, LLC5. Metro Energy Group LLC6. Metro Plumbing Services Corp.7. Apollo Petroleum Transport, LLC8. Kings Land Realty, Inc.9. Apollo Pipeline, LLC10.Apollo Petroleum Transport, Inc.
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
5/18
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
www.nyeb.uscourts.gov
STATEMENT PURSUANT TO LOCAL
BANKRUPTCY RULE 1073-2(b)
DEBTOR(S): Metro Fuel Oil Corp. CASE NO.:
Pursuant to Local Bankruptcy Rule 1073-2(b), the debtor (or any other petitioner) hereby makes the following disclosureoncerning Related Cases, to the petitioners best knowledge, information and belief:
NOTE: Cases shall be deemed Related Cases for purposes of E.D.N.Y. LBR 1073-1 and E.D.N.Y. LBR 1073-2 if the earlier case
ending at any time within eight years before the filing of the new petition, and the debtors in such cases: (i) are the same; (ii) are
pouses or ex-spouses; (iii) are affiliates, as defined in 11 U.S.C. 101(2); (iv) are general partners in the same partnership; (v) are
artnership and one or more of its general partners; (vi) are partnerships which share one or more common general partners; or (
ave, or within 180 days of the commencement of either of the Related Cases had, an interest in property that was or is included in
roperty of another estate under 11 U.S.C. 541(a).]
NO RELATED CASE IS PENDING OR HAS BEEN PENDING AT ANY TIME.
THE FOLLOWING RELATED CASE(S) IS PENDING OR HAS BEEN PENDING:
. CASE NO.: JUDGE: DISTRICT/DIVISION:CASE STILL PENDING (Y/N):_____ [If closed] Date of closing: _____
CURRENT STATUS OF RELATED CASE:
(Discharged/awaiting discharge, confirmed, dismissed, etc.)
MANNER IN WHICH CASES ARE RELATED (Refer to NOTE above):
REAL PROPERTY LISTED IN DEBTORS SCHEDULE A (REAL PROPERTY) WHICH WAS ALSO LISTED IN
CHEDULE A OF RELATED CASE:
2. CASE NO.: JUDGE: DISTRICT/DIVISION:CASE STILL PENDING (Y/N): [If closed] Date of closing:
CURRENT STATUS OF RELATED CASE:
(Discharged/awaiting discharge, confirmed, dismissed, etc.)
MANNER IN WHICH CASES ARE RELATED (Refer to NOTE above):
REAL PROPERTY LISTED IN DEBTORS SCHEDULE A (REAL PROPERTY) WHICH WAS ALSO LISTED IN
CHEDULE A OF RELATED CASE:
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
6/18
DISCLOSURE OF RELATED CASES (contd)
. CASE NO.: JUDGE: DISTRICT/DIVISION:CASE STILL PENDING (Y/N):_____ [If closed] Date of closing:
CURRENT STATUS OF RELATED CASE:
(Discharged/awaiting discharge, confirmed, dismissed, etc.)
MANNER IN WHICH CASES ARE RELATED (Refer to NOTE above):
REAL PROPERTY LISTED IN DEBTORS SCHEDULE A (REAL PROPERTY) WHICH WAS ALSO LISTED IN
CHEDULE A OF RELATED CASE:
NOTE: Pursuant to 11 U.S.C. 109(g), certain individuals who have had prior cases dismissed within the preceding 180 days may e eligible to be debtors. Such an individual will be required to file a statement in support of his/her eligibility to file.
TO BE COMPLETED BY DEBTOR/PETITIONER'S ATTORNEY, AS APPLICABLE:
am admitted to practice in the Eastern District of New York (Y/N):
CERTIFICATION (to be signed by pro se debtor/petitioner or debtor/petitioner's attorney, as applicable):
certify under penalty of perjury that the within bankruptcy case is not related to any case now pending or pending at any time,
xcept as indicated elsewhere on this form.
/s/ Christopher J . Marcus____________ _______________________________________ignature of Debtors Attorney Signature of Pro Se Debtor/Petitioner
_______________________________________
Mailing Address of Debtor/Petitioner
_______________________________________
City, State, Zip Code
_______________________________________
Email Address
_______________________________________
Area Code and Telephone Number
Failure to fully and truthfully provide all information required by the E.D.N.Y. LBR 1073-2 Statement may subject the debtor or
ther petitioner and their attorney to appropriate sanctions, including without limitation conversion, the appointment of a trust
he dismissal of the case with prejudice.
NOTE: Any change in address must be reported to the Court immediately IN WRITING. Dismissal of your petition may other
esult.
USBC - 17 Rev 09/15/11
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
7/18
UNITED STATES BANKRUPTCY COURT
EASTERN DISTRICT OF NEW YORK
In re: Chapter 11
METRO FUEL OIL CORP., et al., Case Nos. 12-_____ (___)12-_____ (___)12-_____ (___)12-_____ (___)12-_____ (___)12-_____ (___)12-_____ (___)12-_____ (___)12-_____ (___)12-_____ (___)
Debtors. Joint Administration Requested
CONSOLIDATED LIST OF CREDITORS
HOLDING THE TOP 30 LARGEST UNSECURED CLAIMS
The above-captioned debtors and debtors in possession (collectively, the Debtors) eachfiled a voluntary petition for relief under chapter 11 of title 11 of the United States Code. Thefollowing is the consolidated list of the Debtors creditors holding the 30 largest unsecuredclaims (the Consolidated List) based on the Debtors books and records as of approximatelySeptember 21, 2012. The Consolidated List is prepared in accordance with Rule 1007(d) of theFederal Rules of Bankruptcy Procedure and Local Bankruptcy Rule 1007-1 for filing in these
chapter 11 cases. The Consolidated List does not include (1) persons who come within thedefinition of insider set forth in 11 U.S.C. 101(31) or (2) secured creditors. None of thesecreditors are minor children. The information contained herein shall neither constitute anadmission of liability by, nor is it binding on, the Debtors. The information herein, including thefailure of the Debtors to list any claim as contingent, unliquidated or disputed, does notconstitute a waiver of the Debtors right to contest the validity, priority or amount of any claim.
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
8/18
NAME OF CREDITOR,
COMPLETE MAILING
ADDRESS, AND EMPLOYEE,
AGENT, OR DEPARTMENT OF
CREDITOR FAMILIAR WITHCLAIM
NATURE
OF
CLAIM
(bond debt,
trade debt, bankloan,government
contracts, etc.)
INDICATE IF
CLAIM IS
CONTINGENT,
UNLIQUIDATED,
DISPUTED, OR
SUBJECT TOSETOFF
AMOUNT
OF CLAIM
(if secured, also
state value ofsecurity)
1.Bayside Fuel Oil Depot Corp.PO Box 1401281776 Shore ParkwayBrooklyn, NY 11385
Trade AP $5,716,492.00
2.Amerada Hess Corp.1 Hess PlazaWoodbridge, NJ 07095-0961 Throughput Unliquidated/Disputed $3,408,505.00
3.NIC Holding Corp.25 Melville Park RoadSuite 210Melville, NY 30348-5243 Trade AP $2,588,230.00
4.Global Companies LLCPO Box 9161Waltham, MA 11372 Throughput Unliquidated/Disputed $1,632,787.00
5.Buckeye Pipeline5 Tek Park9999 Hamilton Blvd.Breinigsville, PA 18031
Throughput Unliquidated/Disputed $1,173,305.00
6.Phillips 66 Company22342 Network PlChicago, IL 60673-1223 Trade AP $486,038.00
7.
Motiva Enterprises LLC
PO Box 201755Houston, TX 77216 Trade AP $363,254.00
8.Safety-Kleen Systems, Inc.PO Box 975201Dallas, TX 75397-5201 Trade AP $240,504.00
9.Leonard Engineering505 Milltown RoadNorth Brunswick, NJ 08902-3326 Trade AP $238,178.00
10.Spot Market Petroleum Inc.160 Jewel StreetBrooklyn, NY 11222
CustomerDeposit
Unliquidated/Disputed $230,000.0011.
Agostino & Associates, PC14 Washington PlaceHackensack, NJ 07601
Trade AP Unliquidated/Disputed $200,000.0012.
Greenpoint Truckstop, Inc.278 Greenpoint AvenueBrooklyn, NY 11222
CustomerDeposit
$90,000.0013.
Control Associates Inc.PO Box 827025Philadelphia, PA 19182 Trade AP Unliquidated/Disputed $77,590.00
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
9/18
NAME OF CREDITOR,
COMPLETE MAILING
ADDRESS, AND EMPLOYEE,
AGENT, OR DEPARTMENT OF
CREDITOR FAMILIAR WITHCLAIM
NATURE
OF
CLAIM
(bond debt,
trade debt, bankloan,government
contracts, etc.)
INDICATE IF
CLAIM IS
CONTINGENT,
UNLIQUIDATED,
DISPUTED, OR
SUBJECT TOSETOFF
AMOUNT
OF CLAIM
(if secured, also
state value ofsecurity)
14.Valero Marketing and Supply Co.PO Box 696000Long Island City, NY 11101 Trade AP $77,477.00
15.Cremer & Associates445 Broadhollow Road, Suite 216Melville, NY 43218-2564 Trade AP $63,000.00
16.ADC Wholesale Fuel Inc.731 Main StreetNew Rochelle, NY 10801
CustomerDeposit
$50,000.0017.
Sulzer Chemtech USA, Inc.PO Box 849923Dallas, TX 75284-9923 Trade AP Unliquidated/Disputed $46,560.00
18.Advanced Digital DataPO Box 95000-3710Philadelphia, PA 19195-0001 Trade AP $46,065.00
19.Big Apple Energy6800 Jericho TurnpikeSyosset, NY 11791 Trade AP $44,491.00
20.Eastern Aviation Fuels, Inc.601 McCarthy BlvdNew Bern, NC 28562 Trade AP $43,025.00
21.Ultra Green141 West Jackson BlvdSuite 3736Chicago, IL 60604
Trade AP $42,412.00
22.Kirby Offshore Marine Operating, LLCPO Box 204039Houston, TX 77216-4039 Trade AP $42,066.00
23.Amaf Burner & Control Supply146-57 Horace Harding ExpresswayFlushing, NY 11367 Trade AP $40,978.00
24.Norton & Associates, LLC8 West 40th Street12th FloorNew York, NY 01013
Trade AP $36,301.00
25.Mayer Mablin41-01 36th StreetLong Island City, NY 11101 Trade AP
$29,905.00
26.Blackman Plumbing Supply Co., Inc.PO Box 9400Uniondale, NY 11555-9100 Trade AP $25,375.00
27.Poling Cutler Marine Transportation18 Breckenridge CourtFreehold, NJ 07728 Trade AP $24,139.00
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
10/18
NAME OF CREDITOR,
COMPLETE MAILING
ADDRESS, AND EMPLOYEE,
AGENT, OR DEPARTMENT OF
CREDITOR FAMILIAR WITHCLAIM
NATURE
OF
CLAIM
(bond debt,
trade debt, bankloan,government
contracts, etc.)
INDICATE IF
CLAIM IS
CONTINGENT,
UNLIQUIDATED,
DISPUTED, OR
SUBJECT TOSETOFF
AMOUNT
OF CLAIM
(if secured, also
state value ofsecurity)
28.Marcy Tire Inc.398 Wallabout StreetBrooklyn, NY 11206 Trade AP $21,912.00
29.Atlantech Distribution, Inc.PO Box 60838Charlotte, NC 28260 Trade AP $20,091.00
30.MGY Mechanical LLC520 Wittich TerraceRiver Vale, NJ 07675 Trade AP $20,000.00
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
11/18
DECLARATION UNDER PENALTYOF PERJURY ON BEHALF OF THE DEBTORS
Pursuant to 28 U.S.C. 1746, I, Paul J. Pullo, the duly qualified and authorized signatoryof Metro Fuel Oil Corp. and its debtor affiliates, declare under penalty of perjury that I havereviewed the Consolidated List and that it is true and correct to the best of my information andbelief.Dated: Brooklyn, New YorkSeptember 27,2012
Paul J. PulloAuthorized Signatory
ase - - -ess oc e n ere : :
-
7/29/2019 Metro Fuel
12/18
UNITED STATES BANKRUPTCY COURTEASTERN DISTRICT OF NEW YORK
In re:METRO FUEL OIL CORP.,
)) Chapter 11)) Case No. 12-__)Debtor. ) Joint Administration Requested
-------------------------------)LIST OF EQUITY SECURITY HOLDERS
Metro Fuel Oil Corp. Gene Pullo 46%Metro Fuel Oil Corp. Paul Pullo Sr. 8%
DECLARATION UNDER PENALTYOF PERJURY ON BEHALF OF THE DEBTORS
I, Paul J. PuIlo, the undersigned authorized signatory of Metro Fuel Oil Corp., named asthe debtor in this case, declare under penalty of perjury that I have read the foregoing list ofequity security holders and that it is true and correct to the best of my information and belief.
Dated: Brooklyn, New YorkSeptember 27, 2012Paul J. PulloAuthorized Signatory
This list serves as the disclosure required to be made by the debtor pursuant to Rule 1007 of the Federal Rulesof Bankruptcy Procedure. All equity positions listed are based on information and beli ef as of the filing date.
ase - - -ess oc e ntere : :
-
7/29/2019 Metro Fuel
13/18
K&E 23889578
RESOLUTION OF THE GOVERNING BODY OF
METRO FUEL OIL CORP. AND CERTAIN OF ITS AFFILIATES
At a telephonic meeting on September 26, 2012 of the board of directors, board of
managers, members or other governing body (collectively, the Governing Body) of each of:
Metro Fuel Oil Corp.; Metro Terminals Corp.; Metro Terminals of Long Island,LLC; Metro Biofuels, LLC; Metro Energy Group LLC; Metro Plumbing Services
Corp.; Apollo Petroleum Transport, LLC; Apollo Petroleum Transport, Inc.;
Kings Land Realty, Inc.; and Apollo Pipeline, LLC;
each, a New York (or in the case of Metro Energy Group LLC, a New Jersey) entity (each a
Company and, collectively, the Companies), upon a motion duly made and seconded, tookthe following actions and adopted the following resolutions:
WHEREAS, all members of the Governing Body of the Companies were
present and could hear each other;
WHEREAS, the Governing Body has had the opportunity to consult with
the management and the legal and financial advisors of the Companies to fully
consider each of the strategic alternatives available to the Companies; and
WHEREAS, the Governing Body desires to approve the followingresolutions.
I. Voluntary Petitions Under the Provisions of the Bankruptcy CodeNOW THEREFORE, BE IT RESOLVED, that the Governing Body has
determined, in light of current circumstances and after consultation with theCompanies legal and financial advisors, that it is in the best interests of the
Companies, their creditors and other parties in interest for the Governing Body toauthorize the Companies to file voluntary petitions for relief (a Chapter 11Case) under chapter 11 of title 11 of the United States Code (the BankruptcyCode); and be it further
RESOLVED, that that the officers of each Company (each a DesignatedOfficer) in each case acting singly or jointly, be, and they hereby are, authorized,empowered and directed to execute and file in the name and on behalf of each
Company, and under its corporate seal or otherwise, all petitions, schedules, lists
and other motions, papers or documents, and to take any and all managementaction necessary, appropriate, desirable or proper in connection with a Chapter 11
Case, including, without limitation, any action necessary to maintain the ordinarycourse operation of each Companys business, including any actions necessary to
retain any professionals deemed necessary by management (including, without
limitation, Kirkland & Ellis LLP, AP Services, LLC and Epiq BankruptcySolutions, LLC) to assist each Company in a Chapter 11 Case and in carrying out
their duties under the provisions of the Bankruptcy Code.
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
14/18
2
K&E 23889578
RESOLVED, that David Johnston is hereby appointed Chief
Restructuring Officer of the Companies and Thomas Studebaker is herebyappointed Chief Financial Officer of the Companies, each to serve at the pleasure
of the relevant Governing Body and each to be vested with the authority of an
officer or its equivalent of each of the Companies.
II. Debtor in Possession FinancingNOW, THEREFORE, BE IT RESOLVED, that the Companies will
obtain benefits from the incurrence of the indebtedness and obligations under that
certain 90-Day Post-Petition Debtor-in-Possession Financing Facility, asevidenced by that certain Term Sheet for 90-Day Post-Petition Debtor-in-
Possession Financing Facility (as the same may be amended, modified or
supplemented, the DIP Term Sheet), by and among Metro Fuel Oil Corp.,Metro Terminals Corp., and Metro Terminals of Long Island, LLC, as Borrowers,
Metro BioFuels, LLC, Metro Plumbing Services Corp., Apollo Petroleum
Transport, LLC, Apollo Pipeline, LLC, Kings Land Realty Inc., and Metro
Energy Group LLC as Guarantors, and Third Avenue Special Situations (Master)Fund, L.P. or one or more of its affiliated funds (Third Avenue), and ZellCredit Opportunities Master Fund, L.P. or one or more of its affiliated funds
(Zell, together with Third Avenue, the DIP Lenders) as lenders, and theoccurrence and consummation of the transactions contemplated by the DIP Term
Sheet, the DIP Documentation (as defined in the DIP Term Sheet and hereinafter
referred to as the DIP Documentation) and the other Financing Documents (asdefined below), as applicable, which are necessary and appropriate to the conduct,
promotion and attainment of the business of the Companies; and be it further
RESOLVED, that the form, terms and provisions of the DIP Term Sheet,
the other applicable DIP Documentation to which each Company is or will be aparty, the grant of security interests, the borrowings, any guaranties of
indebtedness thereunder and the transactions contemplated thereby be, and hereby
are authorized, adopted and approved, and any Designated Officer of anyCompany is hereby authorized and empowered, in the name of and on behalf of
such Company, to take such actions and negotiate or cause to be prepared and
negotiated and to execute, deliver, perform and cause the performance of, each ofthe Term Sheet, the other DIP Documentation to which such Company is or will
be a party, and such other agreements, certificates, instruments, receipts, petitions,
motions or other papers or documents to which such Company is or will be aparty (collectively with the DIP Documentation, the Transaction Documents),
incur and pay or cause to be paid all fees and expenses and engage such persons,in each case, in the form or substantially in the form thereof submitted to the
Governing Body, with such changes, additions and modifications thereto as theofficer of such Company executing the same shall approve, such approval to be
conclusively evidenced by such officers execution and delivery thereof; and be it
further
RESOLVED, that the Companies, as debtors and debtors in possession
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
15/18
3
K&E 23889578
under the Bankruptcy Code be, and hereby are, authorized to incur the
DIP Obligations (as defined in the DIP Term Sheet) and to undertake any and allrelated transactions on substantially the same terms as contemplated under the
DIP Term Sheet and the other Transaction Documents (collectively, the
Financing Transactions), including granting liens on their assets to secure
such DIP Obligations; and be it further
RESOLVED, that the Designated Officers be, and each of them hereby is,authorized and directed, and each of them, acting alone, hereby is, authorized,
directed and empowered in the name of, and on behalf of, each Company, as a
debtor and debtor in possession, to take such actions as in their discretion isdetermined to be necessary, desirable or appropriate and execute and deliver
(a) the DIP Documentation and the other applicable Transaction Documents and
such agreements, certificates, instruments, guaranties, notices and any and allother documents, including, without limitation, any amendments to any
Transaction Documents (collectively, the Financing Documents); (b) suchother instruments, certificates, notices, assignments and documents as may be
reasonably requested by the DIP Lenders; and (c) such forms of deposit, accountcontrol agreements, officers certificates and compliance certificates as may be
required by the DIP Documentation or any other Financing Document; and be it
further
RESOLVED, that the Designated Officers be, and hereby are, authorized,directed and empowered in the name of, and on behalf of, the Companies to file
or to authorize the DIP Lenders to file any Uniform Commercial Code (the
UCC) financing statements, any other equivalent filings, any intellectualproperty filings and recordation and any necessary assignments for security orother documents in the name of the Companies that the DIP Lenders deem
necessary or convenient to perfect any lien or security interest granted under theDIP Documentation, including any such UCC financing statement containing a
generic description of collateral, such as all assets, all property now or
hereafter acquired and other similar descriptions of like import, and to executeand deliver, and to record or authorize the recording of, such mortgages and deeds
of trust in respect of real property of the Companies and such other filings in
respect of intellectual and other property of the Companies, in each case as theDIP Lenders may reasonably request to perfect the security interests of the DIP
Lenders under the DIP Documentation; and be it further
RESOLVED, that the Designated Officers be, and hereby are, authorized,
directed and empowered in the name of, and on behalf of, the Companies to takeall such further actions, including, without limitation, to pay or approve thepayment of all fees and expenses payable in connection with the Financing
Transactions and all fees and expenses incurred by or on behalf of the Companies
in connection with the foregoing resolutions, in accordance with the terms of theFinancing Documents, which shall in their sole judgment be necessary, proper or
advisable to perform the Companies obligations under or in connection with the
DIP Documentation or any of the other Financing Documents and the transactions
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
16/18
4
K&E 23889578
contemplated therein and to carry out fully the intent of the foregoing resolutions;
and be it further
RESOLVED, that the Designated Officers be, and hereby are, authorized,
directed and empowered in the name of, and on behalf of, the Companies, toexecute and deliver any amendments, supplements, modifications, renewals,
replacements, consolidations, substitutions and extensions of the DIP
Documentation or any of the Financing Documents or to do such other thingswhich shall in their sole judgment be necessary, desirable, proper or advisable to
give effect to the foregoing resolutions, which determination shall be conclusively
evidenced by their execution thereof.
III. Further Actions and Prior ActionsNOW THEREFORE, BE IT RESOLVED, that in addition to the
specific authorizations heretofore conferred upon each of the Designated Officers
or their designees shall be, and each of them, acting alone, hereby is, authorized,directed and empowered, in the name of, and on behalf of, the Companies, to take
or cause to be taken any and all such further actions, to execute and deliver any
and all such agreements, certificates, instruments and other documents and to payall expenses, including filing fees, in each case as in such officer or officers
judgment shall be necessary or desirable to fully carry out the intent and
accomplish the purposes of the resolutions adopted herein; and be it further
RESOLVED, that the Designated Officers be, and each hereby is,
authorized, directed and empowered, in the name of and on behalf of, eachCompany and under its corporate seal or otherwise, to prepare, execute and
deliver and to file with appropriate organizations, or to cause to be prepared,
executed, delivered and filed, all such agreements, documents, certificates,instruments and other papers and to do or cause to be done all such acts and
things, as may be necessary, appropriate or desirable to effectuate the purpose andintent of the foregoing resolutions, including to make such changes to said
documents as such individual may determine, upon the advice of counsel, to be
necessary, appropriate or desirable, such Designated Officers execution anddelivery thereof to be conclusive evidence of such Designated Officers approval,
and any such action taken by such Designated Officer prior to the date hereof is
hereby ratified, confirmed and approved in all respects; and be it further
RESOLVED, that any Designated Officer of the Companies be, and each
hereby is, authorized, empowered and directed, in the name and on behalf of eachCompany and under its corporate seal or otherwise, to prepare, execute and
deliver and to file with appropriate organizations, or to cause to be prepared,
executed, delivered and filed, all such agreements, documents, certificates,instruments and other papers and to do or cause to be done all such acts and
things, as may be necessary, appropriate or desirable to effectuate the purpose and
intent of the foregoing resolutions, including to make such changes to said
documents as such individual may determine, upon the advice of counsel, to be
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
17/18
5
K&E 23889578
necessary, appropriate or desirable, such Designated Officers execution and
delivery thereof to be conclusive evidence of such Designated Officers approval,and any such action taken prior to the date hereof by such Designated Officer is
hereby ratified, confirmed and approved in all respects; and be it further
RESOLVED, that all members of the Governing Body of the Companies
have received sufficient notice of the actions and transactions relating to the
matters contemplated by the foregoing resolutions, as may be required by theorganizational documents of the Companies, or hereby waive any right to have
received such notice; and be it further
RESOLVED, that all acts, actions and transactions relating to the matters
contemplated by the foregoing resolutions done in the name of and on behalf of
the Companies, which acts would have been approved by the foregoingresolutions except that such acts were taken before the adoption of these
resolutions, are hereby in all respects approved and ratified as the true acts and
deeds of the Companies with the same force and effect as if each such act,transaction, agreement or certificate had been specifically authorized in advance
by resolution of the Governing Body and that the Designated Officer did execute
the same.
***
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17
-
7/29/2019 Metro Fuel
18/18
6
K&E 23889578
CERTIFICATE
The undersigned, Paul J. Pullo, a Designated Officer of each of the following (each a
Company and, collectively, the Companies):
Metro Fuel Oil Corp.; Metro Terminals Corp.; Metro Terminals of Long Island,LLC; Metro Biofuels, LLC; Metro Energy Group LLC; Metro Plumbing ServicesCorp.; Apollo Petroleum Transport, LLC; Apollo Petroleum Transport, Inc.;
Kings Land Realty, Inc.; and Apollo Pipeline, LLC
hereby certifies as follows:
(a) I am a duly qualified and elected officer of each of the Companies and, as such, Iam familiar with the facts herein certified and I am duly authorized to certify the
same on behalf of the Companies;
(b) Attached hereto is a true, complete and correct copy of the resolutions of theGoverning Body of the Companies (the Governing Body), duly adopted inaccordance with each Companys bylaws or operating agreement (or equivalent),
as applicable.
(c) Such resolutions have not been amended, altered, annulled, rescinded or revokedand are in full force and effect as of the date hereof. There exists no othersubsequent resolution of the Governing Body relating to the matters set forth in
the resolutions attached hereto.
IN WITNESS WHEREOF, the undersigned has executed this certificate as of
September 26, 2012.
/s/Paul J. Pullo
Paul J. Pullo, Designated Officer
Case 1-12-46913-ess Doc 1 Filed 09/27/12 Entered 09/27/12 01:25:17