Cedar Hill, Inc. v. Universal Packaging, Inc., and John C. Wylie

Court of Appeals of Texas·Decided May 27, 2015·No. 01-15-00428-CV·Published

Opinion

Case 15-32077 Document 1 Filed in TXSB on 04/13/15 Page 1 of 72 ‘W-"'3' United States Bankruptcy Court Southern District ofTexas Voluntary Petition Name dfDebtor (if individual, enter Last, First, Middle). Name of Joint Dcbtor (Spouse) (Last, First, Middle) Universal Packaging, Inc. FILED IN 1st COURT OF APPEALS All Other Names used by the Debtor in the last 8 years All Other Names used by the Joint Debtor inHOUSTON, the last 8 years TEXAS tincliitle married, maiden, and trade names)‘ (include married, maiden, and trade names). 5/27/2015 4:34:30 PM CHRISTOPHER A. PRINE Clerk Last four digits of Soc See or Iitdividua|—Taxpayer l D (ITIN)/Complete EIN Last four digits ofSoc See or liidividual»Ta>

XX-XXXXXXX Street Address 0fDebtor (No and Street, City, and State): Street Address oflotni Debtor (No and Street, City, and Sinic) 1308 Upland Dr H 0 uston, TX ZIP Code ZIP Code 77043 Cciiinty of Residence or ofthe Principal Place oi‘Business County of Residence or of the Principal Place of Business Harris Mailing Address ol‘Debtor(ifdilTerent from street addrcss) Mailing Address oflomt Debtor (il‘di|'l‘crcnt front street nddrcss) P.0.Box 79679 Houston, TX ZIP Code ZIP Code 77279-9769 Location ofPrincipal Assets ofBusiiiess Debtor (ifdifferent from street address above).

Type of Debtor Nature of Business Chapter of Bankruptcy Code Under Which (Fotin oroigaiiization) (Check one box) (Check one box) the Petition is Filetl (Check one box) D individual (includes Joint Debtors) D Health Care Business I Chapter 7 See i.-zriiibii L) on page 2 ofritii-fimi CI Single Asset Real Estate as deft ned El Chapter 15 Petition for Recognition I Corporation [includes LLC and LLP) in ii USC § 101 (51B) '3 Chapter 9 El Chapter 11 ofa Foreign Main Proceeding U Partnership Cl Railroad El Chapter 12 D Chapter 15 Petition for Recognition [1 Other (irrieiitor is not one of the above entities, Cl Stockbroker check this box and state type of entity below) El Commodity Broker D chapter 13 ofzi ForeignNonrnain Proceeding D Clearing Bank Chapter 15 Debtors I Other Nature of Debts T«'*X-EX?-'"Pt Entity (Check one box) C(lLlIl|'l'y ofdebtor's center oritioin interests: [Ch eck box, it oppiictibic) I] Debts are primarily consumer debts, I Debts are primarily Encii country in which a foreign proceeding Cl Debtor is a tax»exeiI1pt organization defined in it use 101(3) as _s business debts under Title 26 of the United States "incorrect by an individual priinoiiiy for by, iegaiding, or against debtor is pending‘ " Code (the Internal Revenue Code) B pclsonal, rainiiy, or iioitsciioid pitrposc

Filing Fee (Check one box) Check one box: Chapter 1] Debtors I riiii riiiiig Fee attached El Debto r is a small iiitsincss debtor as defined in ii U s c § l0l(5lD) El Debto ris nolasniall business debtor as defined in it § lOl(5lD)use El Fiiing Fee to be paid in installments (applicable to individuals only) Must Clieckif: attach signed application for the court's consideriat-ion certifying that the debtor is unable to pay fee except in installments Rule l006(l)). See Official El Debto r’s aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,490,925 (oinoimr xiibjecl In ad/l1.\lnleIll0Vl 4 0/116 and army l/true year: i/imo/ier) Fonn 3A Check all applicable boxes: El Filing Fee waiver requested (applicable to chapter 7 individuals Only) Must El Arle- is being filed with this petition I

attach signed application for the court's consider anon See omciai Foml 3B. . . . . .

El Acceptances of the plan were solicited piepet-iiioii from one DI more classes of creditors, in ace ordance willi ll u s c. § ll26(b)

Statistical/thlministmtive Information THIS SPACE is FOR COURT USE ONLY U Debtor estimates that funds will be available for distribution to unsecured creditors, I Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors Estimated Number of Creditors El El El U El U El U l- 50- 100- 200- l,000- 5,00l- l0,00l- 2S,00l- 50,001» OVER 49 99 I99 999 5,000 10,000 25,000 $0,000 100,000 100,000

Estimated Assets III so to El I50,l)0l to I si00,00i lo El ssiio,00i E1 si,0o0,00i E] S|0,D00,00l ss0,oo0,ooi U si00,000,o0i $500,000,001 El Mhmlhnn 550,000 II00,000 $500,000 to Si to SI!) to .tso to 5100 to $500 to st billmn ti biiiion iiiiiiion nitiiion niiiiion iniiiion nitiiion

Estimated Liabilities El so to Cl $50,001 to El sioo,00i to El 3500.00] I $l,l)00,00l El ;i0,000,00i E! :s0,00o,00i El si0o,00o,ooi El s5o0,00o,00i El Mon: than 350,000 si0o,000 $500,000 to st to sin to 350 to SI00 to $500 to st billion si biiiton ntiiiion niiiiion million niiiiiion iniiiion Case 15-32077 Document 1 Filed in TXSB on 04/13/15 Page 2 of 72 BI (()lTici;tl Form I)(0-I/ll) Page 2 Voluntary Penna" Name ofDebtor(s): Universal Packaging, Inc. (T/its page must be comp/e/ed and/I/ed in every care) All Prior Bankruptcy Cases Filed Within Last 8 Years (lfmore than two, attach additional sheet) Location Case Number: Date Filed: Where Filedi Houston, TX 10-31657 3/01/10 Location Case Number: Date Filed: Where Filed.

Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (Ifmore than one, attach additional sheet) Name ofDebtor: Case Number: Date Filed: - None -

District. Relationship: Judge:

Exhibit A Exhibit B (To be completed ifdebtor is an individual whose debts are primarily consumer debts) (To be completed ifdebtor is required to file periodic reports (e.g., I,the attorney for the petitioner named in the foregoing petition, declare that I forms IOK and 10Q) with the Securities and Exchange Commission have informed the petitioner that [he or she] may proceed under chapter 7. ll, pursuant to Section 13 or lS(d) ofthe Securities Exchange Act of 1934 12, or 13 oftitle 1, United States Code, and have explained the relief available I

and is requesting reliefunder chapter I l.) under each such chapter. I further certify that I delivered to the debtor the notice requimd by H USC §342(b)

[1 Exhibit A is attached and made a part ofthis petition. X Signature of Attorney for Debtor(s) (Date)

Exhibit C Does the debtor own or have possession ofany property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? III Yes, and Exhibit C is attached and made a part ofthis petition

I No Exhibit D (To be completed by every individual debtor. Ifajoint petition is filed, each spouse must complete and attach a separate Exhibit D.) [I Exhibit D completed and signed by the debtor is attached and made a part ofthis petition. Ifthis is ajoint petition: E] Exhibit D also completed and signed by the joint debtor is attached and made a part ofthis petition

Information Regarding the Debtor - Venue (Check any applicable box) I Debtor has been domiciled or has had a residence, principal place ofbusiness, or principal assets in this District for 180 days immediately preceding the date ofthis petition or for a longer pan ofsuch 180 days than in any other District. III There is a bankruptcy case conceming debtor's affiliate, general partner, or partnership pending in this District.

El Debtor a debtor in a foreign proceeding and ltas its principal place ofbusiness or principal assets in the United States in is this District, or has no principal place ofbusiness or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests ofthe parties will be served in regard to the relief sought in this District.

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Cedar Hill, Inc. v. Universal Packaging, Inc., and John C. Wylie, (Tex. Ct. App. 2015).

Cedar Hill, Inc. v. Universal Packaging, Inc., and John C. Wylie (Cedar Hill, Inc. v. Universal Packaging, Inc., and John C. Wylie) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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