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FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023
NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023
SUPREME COURT OF THE STATE OF NEW YORK
Index No.: See Exh. E attached
IN RE: ASBESTOS LITIGATION IN NEW
YORK INVOLVING WHITTAKER, CLARK
& DANIELS, INC.
NOTICE OF SUGGESTION OF BANKRUPTCY for
WHITTAKER, CLARK & DANIELS, INC., BRILLIANT NATIONAL
SERVICES, INC., L.A. TERMINALS, INC., SOCO WEST, INC., and
NOTICE OF AUTOMATIC STAY OF PROCEEDINGS
THESE NOTICES APPLY to all case listed in Exhibit E.
PLEASE TAKE NOTICE that, on April 26, 2023, Brilliant National Services, Inc., L. A.
Terminals, Inc., Soco West, Inc., and Whittaker, Clark & Daniels, Inc. (each, a “Debtor” and,
collectively, the “Debtors”)1 filed voluntary petitions for relief under chapter 11 of title 11 of the
United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”), in the United States
Bankruptcy Court for the District of New Jersey (the “Bankruptcy Court”). A copy of the
voluntary petitions of each of the Debtors, Brilliant National Services, Inc., Case No. 23-13576
(MBK) [Docket No. 1]; L. A. Terminals, Inc., Case No. 23-13581 (MBK) [Docket No. 1]; Soco
West, Inc., Case No. 23-13578 (MBK) [Docket No. 1]; Whittaker, Clark & Daniels, Inc., Case No.
23-13575 (MBK) [Docket No. 1], are attached hereto as Exhibits A, B, C, and D, respectively.
The Debtors are seeking joint administration of their chapter 11 cases (the “Chapter 11 Cases”)
1
The Debtors in these Chapter 11 Cases, along with the last four digits of the Debtors’ federal tax identification
number, are Brilliant National Services, Inc. (2113); L. A. Terminals, Inc. (6800); Soco West, Inc. (3400); and
Whittaker, Clark & Daniels, Inc. (4760). The location of Debtors’ principal place of business and the Debtors’
service address in these Chapter 11 Cases is 100 First Stamford Place, Stamford, Connecticut 06902.
4865-7682-1344v.1
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under the lead case In re Whittaker, Clark & Daniels, Inc., Case No. 23-13575 (MBK) (Bankr.
D.N.J. 2023).
PLEASE TAKE FURTHER NOTICE that each of the Chapter 11 Cases is pending
before the Honorable Michael B. Kaplan.
PLEASE TAKE FURTHER NOTICE that, pursuant to section 362(a) of the Bankruptcy
Code, the Debtors’ filing of their respective voluntary petitions “operates as a stay, applicable to
all entities, of—”
(1) the commencement or continuation, including the issuance or employment of
process, of a judicial, administrative, or other action or proceeding against the
debtor that was or could have been commenced before the commencement of the
case under this title, or to recover a claim against the debtor that arose before the
commencement of the case under this title; (2) the enforcement, against the debtor
or against property of the estate, of a judgment obtained before the commencement
of the case under this title; [and] (3) any act to obtain possession of property of the
estate or of property from the estate or to exercise control over property of the
estate. . . .
11 U.S.C. § 362(a)(1)–(3).2 No order has been entered in the Chapter 11 Cases granting any relief
to any party from the automatic stay.
PLEASE TAKE FURTHER NOTICE that any action taken against the Debtors without
obtaining from the Bankruptcy Court relief from the automatic stay is void ab initio3 and may
result in a finding of contempt for violation of the automatic stay.4 Any party wishing to take
action against the Debtors should contact the Debtors’ counsel before taking any action in the
2
Nothing herein shall constitute a waiver of the Debtors’ rights to assert any claims, counterclaims, defenses, rights
of setoff or recoupment, or any other claims against any party to the above-captioned case.
3
See, e.g., Maritime Elec. Co., Inc. v. United Jersey Bank, 959 F.2d 1194, 1206 (3d Cir. 1991) (“Absent relief from
the stay, judicial actions and proceedings against the debtor are void ab initio.”).
4
See 11 U.S.C. § 362(k) (“[A]n individual injured by any willful violation of a stay provided by this section shall
recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover
punitive damages.”).
2
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above-captioned proceeding to ensure that such action does not constitute a violation of
the automatic stay. The Debtors reserve and retain all rights to seek relief in the Bankruptcy Court
from any judgment, order, or ruling entered in violation of the automatic stay.
PLEASE TAKE FURTHER NOTICE that additional information regarding the
Chapter 11 Cases may be obtained free of charge by visiting the website of the Debtors’ proposed
claims and noticing agent at https://cases.stretto.com/whittaker. You may also obtain copies of
any pleadings by visiting the Bankruptcy Court’s website at https://ecf.njb.uscourts.gov/ (PACER
login and password required) in accordance with the procedures and fees set forth therein.
Dated: April 27, 2023
By:
Christopher S. Kozak, Esq.
Landman Corsi Ballaine & Ford, P.C.
One Gateway Center – 22nd Floor
Newark, New Jersey 07102
(973) 623-2700
ckozak@LCBF.com
3
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Exhibit A
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Document Page l of 19
United States Bankruptcy Court for the:
District of New Jerse
(state) O Check if this is an
Case number Çfknown): Chapter 11 amended filing
Official Form 201
Voluntary Petition for Non-Individuals Filing for
Bankruptcy 0s122
If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor's name and the
case number (if known). For more information, a separate document, instructions for Bankruptcy Forms for Non-individuals, is
available.
1. Debtor's Name Brilliant National Services, Inc.
2. All other names debtor used
in the last 8 years
Include any assumed names,
trade names. and doing
business as names
3. Debtor's federal Employer -
1 3 2 9 2 2 1 1 3
Identification Number (EIN)
4. Debtor's address Principal place of business Mailing address, if different from principal place
of business
100 First Stamford Place
Number Street Number Street
P.O. Box
Stamford CT 06902
C(ty State Zip Code City State Zip Code
Location of principal assets, if different from
principal place of business
Fairfield County
County Number Street
City State Zip Code
5. Debtor's website (URL)
6. Type of debtor E Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP))
O Partnership (excluding LLP)
O Other. Specify:
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 1
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DoCument Page 2 of 19
Debtor Brilliant National Services, Inc. Case number (ifknown)
Name
7. Describe debtor's business
O Health Care Business (as defined in 11 U.S.C. § 101(27A))
D Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B))
O Railroad (as defined in 11 U.S.C. § 101(44))
O Stockbroker (as defined in 11 U.S.C. § 101(53A))
D Commodity Broker (as defined in 11 U.S.C. § 101(6))
D Clearing Bank (as defined in 11 U.S.C. § 781(3))
E None of the above
B. Check all that apply:
¡ Tax-exempt entity (as described in 26 U.S.C. § 501)
O Investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C.
§ 80a-3)
D Investment advisor (as defined in 15 U.S.C. § 80b-2(a)(11))
C. NAICS (North American Industry Classification System) 4-digit code that best describes debtor. See
http://www.uscourts.qov/four-digit-national-association-naics-codes .
2123 (Nonmetallic Mineral Mining and Quarryinq)
8. Under which chapter of the Check One:
Bankruptcy Code is the
debtor filing? O Chapter 7
O Chapter 9
A debtor who is a "small E Chapter 11. Check all that apply:
O The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D), and its aggregate
the r sub- bo . deb or a
defined in § 1182(1) who noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than
$3,024,725. If this sub-box is selected, attach the most recent balance sheet, statement of
elects to proceed under
subchapter V of chapter 11 OPerations, cash-flow statement, and federal income tax retum or if any of these documents do
not exist, follow the procedure in 11 U.S.C. § 1116(1)(B).
(whether or not the debtor is
a "small business debtor") O The debtor is a debtor as defined in 11 U.S.C. § 1182(1), its aggregate noncontingent liquidated
must check the second sub- debts (excluding debts owed to insiders or affiliates) are less than $7,500,000, and it chooses to
box proceed under Subchapter V of Chapter 11. If this sub-box is selected, attach the most recent
balance sheet, statement of operations, cash-flow statement, and federal income tax return, or if
any of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B).
O A plan is being filed with this petition.
O Acceptances of the plan were solicited prepetition from one or more classes of creditors, in
accordance with 11 U.S.C. § 1126(b).
O The debtor is required to file periodic reports (for example, 10K and 10Q) with the Securities and
Exchange Commission according to § 13 or 15(d) of the Securities Exchange Act of 1934. File
the Attachment to Voluntary Petition for Non-Individuals Filing for Bankruptcy under Chapter 11
(Official Form 201A) with this form.
O The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule 12b-2.
O Chapter 12
9. Were prior bankruptcy cases M No District
filed by or against the debtor O yes. When MM/DD/YYYY Case number
within the last 8 years?
District When Case number
If more than 2 cases, attach a MM/DD/YYYY
separate list.
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 2
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Debtor Brilliant National Services, Inc. Case number (if known)
Name
10. Are any bankruptcy cases ¡ No
pending or bemg filed by a g Yes. Relationship Affiliate
Debtor See Rider 1
business partner or an
affiliate of the debtor?
District District of New Jersey
List all cases. If more than 1' When 4/2612023
attach a separate list- Case number, if known MM / DD / YYYY
11. Why is the case flied In this Check all that apply:
district?
O Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days
immediately preceding the date of this petition or for a longer part of such 180 days than in any other district.
ISI A bankruptcy case conceming debtor's affiliate, general partner, or partnership is pending in this district.
12. Does the debtor own or have E No
possession of any real O Yes. Answer below for each property that needs immediate attention. Attach additional sheets if needed.
property or personal property
that needs immediate Why does the property need immediate attention? ( Check all that apply.)
attention?
O It poses or is alleged to pose a threat of imminent and identifiable hazard to public health or
safety.
What is the hazard?
O It needs to be physically secured or protected frorn the weather
O It includes perishable goods or assets that could quickly deteriorate or lose value without attention
(for example, livestock, seasonal goods, meat, dairy, produce, or securities-related assets or
other options).
O Other
Where is the property?
Number Street
City State Zip Code
is the property insured?
O No
O Yes. Insurance agency
Contact name
Phone
Statistical and administrative information
13. Debtor's estimation of Check one:
available funds
E Funds will be available for distribution to unsecured creditors.
D After any administrative expenses are paid, no funds will be available for distribution to unsecured creditors.
14. Estimated number of D 149 8 1,000-5,000 C 25,001-50,000
creditors (on a O 50-99 C 5,001-10,000 G 50,001-100,000
consolidated basis) ¡ 100-199 O 10,001-25,000 C More than 100,000
¡ 200-999
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 3
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Debtor Brilliant National Services, Inc. Case number (if known)
Name
15. Estimated assets (on a Q $0-$50,000 D $1,000,001-$10 million D $500,000,001-$1 billion
consolidated basis) ¡ $50,001-$100,000 O $10,000,001-$50 million D $1,000,000,001-$10 billion
¡ $100,001-$500,000 G $50,000,001-$100 million ¡ $10,000,000,001-$50 billion
¡ $500,001-$1 million E $100,000,001-$500 million ¡ More than $50 billion
16. Estimated liabilities (on ¡ $0-$50,000 D $1,000,001-$10 million ¡ $500,000,001-$1 billion
a consolidated basis) D $50,001-$100,000 ¡ $10,000,001-$50 million 2 $1,000,000,001-$10 billion
C $100,001-5500,000 ¡ $50,000,001-$100 million C $10,000,000,001-$50 billion
D $500,001-$1 million ¡ $100,000,001-$500 million D More than $50 billion
Request for Relief, Declaration, and Signatures
WARNING - Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can result in fines up to
$500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571,
17. Declaration and signature of The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this
authorized representative of petition.
debtor
I have been authorized to file this petition on behalf of the debtor.
I have examined the information In this petition and have a reasonable belief that the information is true and
correct.
I declare under penalty of perjury that the foregoing is true and correct.
Executed on 4/26/ 2023
MM/ DD / YYYY
Is/ Mohsin Meghjf Mohsin Meghji
Signature of authorized representative of debtor Printed name
Title Chief Restructuring Officer
18. Signature of attorney Isl Michael D. Sirota Date 4126/2023
Signature of attomey for debtor MM/DD/YYYY
Michael D. SIrota
Printed name
Cole Schotz P.C.
Firm name
Court Plaza North, 25 Main Street
Number Street
New
Hackensack Jersey 07601
State ZIP Code
City
(201) 489-3000 mairota@coleschotz.com
Contact phone Email address
014321986 New Jersey
Bar number State
Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 4
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United States Bankruptcy Court for the:
District of New Jers
(state) O Check if this is an
Case number (if known): Chapter 11 amended filing
Rider 1
Pendinq Bankruptcy Cases Filed by the Debtor and Affiliates of the Debtor
On the date hereof, each of the entities listed below (collectively, the "Debtors") filed a petition in the United
States Bankruptcy Court for the District of New Jersey for relief under chapter 11 of title 11 of the United States Code.
The Debtors have moved for joint administration of these cases under the case number assigned to the chapter 11
case of Whittaker, Clark & Daniels, Inc.
" Whittaker, Clark & Daniels, Inc.
" Brilliant National Services, Inc.
" L. A. Terminals, Inc.
" Soco West, Inc.
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UNITED STATES BANKRUPTCY COURT
DISTRICT OFNEW JERSEY
)
In re: ) Chapter 11
)
BRILLIANT NATIONAL SERVICES, Case No. 23-
INC., ) (__)
Debtor. )
LIST OF EQUITY SECURITY HOLDERS1
Equity Holder Address of Equity Holder
u He
100 First Stamford Place, Stamford, CT Common
Ringwalt & Liesche Co. 100%
06902
' list serves as disclosure required to be made
This the by the debtor pursuant to Rule 1007 of the
Federal Rules
of Bankruptcy Procedure. All equity positions listed indicate the record holder of such
equity as of the date of commencement of the chapter 11 case.
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UNITED STATES BANKRUPTCY COURT
DISTRICT OFNEW JERSEY
In re: ) Chapter 11
)
BRILLIANT NATIONAL Case No. 23-
SERVICES, INC., ) (_)
Debtor. )
CORPORATE OWNERSHIP STATEMENT
Pursuant to Rules 1007(a)(1) and 7007.1 of the Federal Rules of Bankruptcy Procedure, the
following are corporations, other than a governrnent unit, that directly or indirectly own 10% or more of any
class of the debtor's equity interest:
Shareholder Approximate Percentage of Shares Held
Ringwalt & Liesche Co. 100%
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Uriited States Bankruptcy Court for the:
Distdct of New Jensey
(State) ¡ Check if this is an
Case number (if amended filirig
knownp Chapter 11
Chapter 11 Cases: List of Law Firms Representing the Tort Plaintiffs nm
Whittater. Clerk & Daniels, Inc., Brititant National Services, Inco Soco West, Inco and L A. Terminals, Inc. (the "Dehtors") each fthus a petition In
ituis courton the duts hereoffer falleI urider chapter 11 of title 11 ef thu.United States cede. The fonowing1s a consolidated list of parties that
represen.1 or have represented the kreown partlea that hawa alleged claima against the Debtors related to tart,cFalms (the "Ten Counsel IJst").
Substantially contemporaneously with this petition, the Debtors have filed a rootion seeking authority to file this Top Counsel List in1)eu. of a list
"Insider"
of the 20 largest unsecured creditors.' This IIst does not in.clude any person or entity w 1o is an under section 101(31) of title 11 cIthe
1.lnIted States Code. The Top CtW.inned List was prepared for with Informason ax|sting as of the data hereof, The Debtore meerve the right to
amend the Top Coun1sel List bar.ed on additional information It may Edentify. The Information contained in the Top Counsed List shall not
constitute ury adrrdssion by, rher shall It be binding an, the Debtors.
Nena oFeMditcFarld complete Nume 1slaphons nurdbari stid emall 'l@turm of Indinida hfclaim AreadM.of immeruragiclaim
inmDing addtsms, Including dp code address aF-credimr sanact -thm claim isenntl if the claim Nluny urisecure4.M1rrain urmeoured
(for u)filt(ddated or glaim fgmewit. If plairn is
pmtiglly scùred,lill in
exerhple, dhsputed total clàirn anmunt qnd deduchorg farymlue of
M3 B fieltalerql orsetalf tc.clilt'ulq|@ NRS$94Fl3(ICl@Xfl.
.dabts,
bank
loans.
profeBelai
Tiaf.alclairm W Deduciun far Urmacared
pardaRY value of clairn
secured colisteral or
setoff
Simon Greensione Panatier. PC Contingent/
1201 Elm St.
dgreenstone@sgpblaw.corp
Dallas, TX 75270 Disputed
Perry Waitz
pWBitz@Weil2ls.IX.dorr .
Weite & Lorenbem, P-C- (856) 756--1115 ;Conlingent/
700Brasdway Llilgation !Uril[quidated/ N/A N/A 1,1ndeterrnined
Nigw Yak, NY 10003 Danny Kraft |Disputed
dkraftjr@weitzitogcorp
(21 658-5600
BWMW Law, LLC Benjamin Schmlekle :Conun!sof/
701 Market St.., Un[t t000 ben@swmklaw-com .Litiga9an UnHquidated/ N/A .N/A 1 adeterrnlgied
5t. Lotlis. MD 631D1 (314) Bii2-2882 ,Disputed
T. Barlori French
14
Nautie Ralchle Hartley French & (314) 244-1397
16 st 51., 5te. 1200
gation u M ndetermIsu
hpuM
EL Lods, MD. fi3101 blail Maurie
I I I
arneorge@mrhimlaw
1 Thit list is 1ñ substantially 1he same fonT1as Oklab Bankruptcy f-orrri 204 for c0apt r U cases setting forth the li-st of ETeditOFBDther lhan insiders, who
have the 20 largest.nosecured claims against a debtor.
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FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 SUPREME COURT OF THE STATE OF NEW YORK Index No.: See Exh. E attached IN RE: ASBESTOS LITIGATION IN NEW YORK INVOLVING WHITTAKER, CLARK & DANIELS, INC. NOTICE OF SUGGESTION OF BANKRUPTCY for WHITTAKER, CLARK & DANIELS, INC., BRILLIANT NATIONAL SERVICES, INC., L.A. TERMINALS, INC., SOCO WEST, INC., and NOTICE OF AUTOMATIC STAY OF PROCEEDINGS THESE NOTICES APPLY to all case listed in Exhibit E. PLEASE TAKE NOTICE that, on April 26, 2023, Brilliant National Services, Inc., L. A. Terminals, Inc., Soco West, Inc., and Whittaker, Clark & Daniels, Inc. (each, a “Debtor” and, collectively, the “Debtors”)1 filed voluntary petitions for relief under chapter 11 of title 11 of the United States Code, 11 U.S.C. §§ 101–1532 (the “Bankruptcy Code”), in the United States Bankruptcy Court for the District of New Jersey (the “Bankruptcy Court”). A copy of the voluntary petitions of each of the Debtors, Brilliant National Services, Inc., Case No. 23-13576 (MBK) [Docket No. 1]; L. A. Terminals, Inc., Case No. 23-13581 (MBK) [Docket No. 1]; Soco West, Inc., Case No. 23-13578 (MBK) [Docket No. 1]; Whittaker, Clark & Daniels, Inc., Case No. 23-13575 (MBK) [Docket No. 1], are attached hereto as Exhibits A, B, C, and D, respectively. The Debtors are seeking joint administration of their chapter 11 cases (the “Chapter 11 Cases”) 1 The Debtors in these Chapter 11 Cases, along with the last four digits of the Debtors’ federal tax identification number, are Brilliant National Services, Inc. (2113); L. A. Terminals, Inc. (6800); Soco West, Inc. (3400); and Whittaker, Clark & Daniels, Inc. (4760). The location of Debtors’ principal place of business and the Debtors’ service address in these Chapter 11 Cases is 100 First Stamford Place, Stamford, Connecticut 06902. 4865-7682-1344v.1 1 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 under the lead case In re Whittaker, Clark & Daniels, Inc., Case No. 23-13575 (MBK) (Bankr. D.N.J. 2023). PLEASE TAKE FURTHER NOTICE that each of the Chapter 11 Cases is pending before the Honorable Michael B. Kaplan. PLEASE TAKE FURTHER NOTICE that, pursuant to section 362(a) of the Bankruptcy Code, the Debtors’ filing of their respective voluntary petitions “operates as a stay, applicable to all entities, of—” (1) the commencement or continuation, including the issuance or employment of process, of a judicial, administrative, or other action or proceeding against the debtor that was or could have been commenced before the commencement of the case under this title, or to recover a claim against the debtor that arose before the commencement of the case under this title; (2) the enforcement, against the debtor or against property of the estate, of a judgment obtained before the commencement of the case under this title; [and] (3) any act to obtain possession of property of the estate or of property from the estate or to exercise control over property of the estate. . . . 11 U.S.C. § 362(a)(1)–(3).2 No order has been entered in the Chapter 11 Cases granting any relief to any party from the automatic stay. PLEASE TAKE FURTHER NOTICE that any action taken against the Debtors without obtaining from the Bankruptcy Court relief from the automatic stay is void ab initio3 and may result in a finding of contempt for violation of the automatic stay.4 Any party wishing to take action against the Debtors should contact the Debtors’ counsel before taking any action in the 2 Nothing herein shall constitute a waiver of the Debtors’ rights to assert any claims, counterclaims, defenses, rights of setoff or recoupment, or any other claims against any party to the above-captioned case. 3 See, e.g., Maritime Elec. Co., Inc. v. United Jersey Bank, 959 F.2d 1194, 1206 (3d Cir. 1991) (“Absent relief from the stay, judicial actions and proceedings against the debtor are void ab initio.”). 4 See 11 U.S.C. § 362(k) (“[A]n individual injured by any willful violation of a stay provided by this section shall recover actual damages, including costs and attorneys’ fees, and, in appropriate circumstances, may recover punitive damages.”). 2 4865-7682-1344v.1 2 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 above-captioned proceeding to ensure that such action does not constitute a violation of the automatic stay. The Debtors reserve and retain all rights to seek relief in the Bankruptcy Court from any judgment, order, or ruling entered in violation of the automatic stay. PLEASE TAKE FURTHER NOTICE that additional information regarding the Chapter 11 Cases may be obtained free of charge by visiting the website of the Debtors’ proposed claims and noticing agent at https://cases.stretto.com/whittaker. You may also obtain copies of any pleadings by visiting the Bankruptcy Court’s website at https://ecf.njb.uscourts.gov/ (PACER login and password required) in accordance with the procedures and fees set forth therein. Dated: April 27, 2023 By: Christopher S. Kozak, Esq. Landman Corsi Ballaine & Ford, P.C. One Gateway Center – 22nd Floor Newark, New Jersey 07102 (973) 623-2700 ckozak@LCBF.com 3 4865-7682-1344v.1 3 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 Exhibit A 4 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 Case 23-13576 Doc 1 Filed 04/26/23 Entered 04/26/23 17:02:14 Desc Main NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 Document Page l of 19 United States Bankruptcy Court for the: District of New Jerse (state) O Check if this is an Case number Çfknown): Chapter 11 amended filing Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy 0s122 If more space is needed, attach a separate sheet to this form. On the top of any additional pages, write the debtor's name and the case number (if known). For more information, a separate document, instructions for Bankruptcy Forms for Non-individuals, is available. 1. Debtor's Name Brilliant National Services, Inc. 2. All other names debtor used in the last 8 years Include any assumed names, trade names. and doing business as names 3. Debtor's federal Employer - 1 3 2 9 2 2 1 1 3 Identification Number (EIN) 4. Debtor's address Principal place of business Mailing address, if different from principal place of business 100 First Stamford Place Number Street Number Street P.O. Box Stamford CT 06902 C(ty State Zip Code City State Zip Code Location of principal assets, if different from principal place of business Fairfield County County Number Street City State Zip Code 5. Debtor's website (URL) 6. Type of debtor E Corporation (including Limited Liability Company (LLC) and Limited Liability Partnership (LLP)) O Partnership (excluding LLP) O Other. Specify: Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 1 5 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 Case 23-13576 Doc 1 Filed 04/26/23 Entered 04/26/23 17:02:14 Desc Main NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 DoCument Page 2 of 19 Debtor Brilliant National Services, Inc. Case number (ifknown) Name 7. Describe debtor's business O Health Care Business (as defined in 11 U.S.C. § 101(27A)) D Single Asset Real Estate (as defined in 11 U.S.C. § 101(51B)) O Railroad (as defined in 11 U.S.C. § 101(44)) O Stockbroker (as defined in 11 U.S.C. § 101(53A)) D Commodity Broker (as defined in 11 U.S.C. § 101(6)) D Clearing Bank (as defined in 11 U.S.C. § 781(3)) E None of the above B. Check all that apply: ¡ Tax-exempt entity (as described in 26 U.S.C. § 501) O Investment company, including hedge fund or pooled investment vehicle (as defined in 15 U.S.C. § 80a-3) D Investment advisor (as defined in 15 U.S.C. § 80b-2(a)(11)) C. NAICS (North American Industry Classification System) 4-digit code that best describes debtor. See http://www.uscourts.qov/four-digit-national-association-naics-codes . 2123 (Nonmetallic Mineral Mining and Quarryinq) 8. Under which chapter of the Check One: Bankruptcy Code is the debtor filing? O Chapter 7 O Chapter 9 A debtor who is a "small E Chapter 11. Check all that apply: O The debtor is a small business debtor as defined in 11 U.S.C. § 101(51D), and its aggregate the r sub- bo . deb or a defined in § 1182(1) who noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $3,024,725. If this sub-box is selected, attach the most recent balance sheet, statement of elects to proceed under subchapter V of chapter 11 OPerations, cash-flow statement, and federal income tax retum or if any of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B). (whether or not the debtor is a "small business debtor") O The debtor is a debtor as defined in 11 U.S.C. § 1182(1), its aggregate noncontingent liquidated must check the second sub- debts (excluding debts owed to insiders or affiliates) are less than $7,500,000, and it chooses to box proceed under Subchapter V of Chapter 11. If this sub-box is selected, attach the most recent balance sheet, statement of operations, cash-flow statement, and federal income tax return, or if any of these documents do not exist, follow the procedure in 11 U.S.C. § 1116(1)(B). O A plan is being filed with this petition. O Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. § 1126(b). O The debtor is required to file periodic reports (for example, 10K and 10Q) with the Securities and Exchange Commission according to § 13 or 15(d) of the Securities Exchange Act of 1934. File the Attachment to Voluntary Petition for Non-Individuals Filing for Bankruptcy under Chapter 11 (Official Form 201A) with this form. O The debtor is a shell company as defined in the Securities Exchange Act of 1934 Rule 12b-2. O Chapter 12 9. Were prior bankruptcy cases M No District filed by or against the debtor O yes. When MM/DD/YYYY Case number within the last 8 years? District When Case number If more than 2 cases, attach a MM/DD/YYYY separate list. Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 2 6 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 Case 23-13576 Doc 1 Filed 04/26/23 Entered 04/26/23 17:02:14 Desc Main NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 Document Page 3 of 19 Debtor Brilliant National Services, Inc. Case number (if known) Name 10. Are any bankruptcy cases ¡ No pending or bemg filed by a g Yes. Relationship Affiliate Debtor See Rider 1 business partner or an affiliate of the debtor? District District of New Jersey List all cases. If more than 1' When 4/2612023 attach a separate list- Case number, if known MM / DD / YYYY 11. Why is the case flied In this Check all that apply: district? O Debtor has had its domicile, principal place of business, or principal assets in this district for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other district. ISI A bankruptcy case conceming debtor's affiliate, general partner, or partnership is pending in this district. 12. Does the debtor own or have E No possession of any real O Yes. Answer below for each property that needs immediate attention. Attach additional sheets if needed. property or personal property that needs immediate Why does the property need immediate attention? ( Check all that apply.) attention? O It poses or is alleged to pose a threat of imminent and identifiable hazard to public health or safety. What is the hazard? O It needs to be physically secured or protected frorn the weather O It includes perishable goods or assets that could quickly deteriorate or lose value without attention (for example, livestock, seasonal goods, meat, dairy, produce, or securities-related assets or other options). O Other Where is the property? Number Street City State Zip Code is the property insured? O No O Yes. Insurance agency Contact name Phone Statistical and administrative information 13. Debtor's estimation of Check one: available funds E Funds will be available for distribution to unsecured creditors. D After any administrative expenses are paid, no funds will be available for distribution to unsecured creditors. 14. Estimated number of D 149 8 1,000-5,000 C 25,001-50,000 creditors (on a O 50-99 C 5,001-10,000 G 50,001-100,000 consolidated basis) ¡ 100-199 O 10,001-25,000 C More than 100,000 ¡ 200-999 Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 3 7 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 Case 23-13576 Doc 1 Filed 04/26/23 Entered 04/26/23 17:02:14 Desc Main NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 Document Page 4 of 19 Debtor Brilliant National Services, Inc. Case number (if known) Name 15. Estimated assets (on a Q $0-$50,000 D $1,000,001-$10 million D $500,000,001-$1 billion consolidated basis) ¡ $50,001-$100,000 O $10,000,001-$50 million D $1,000,000,001-$10 billion ¡ $100,001-$500,000 G $50,000,001-$100 million ¡ $10,000,000,001-$50 billion ¡ $500,001-$1 million E $100,000,001-$500 million ¡ More than $50 billion 16. Estimated liabilities (on ¡ $0-$50,000 D $1,000,001-$10 million ¡ $500,000,001-$1 billion a consolidated basis) D $50,001-$100,000 ¡ $10,000,001-$50 million 2 $1,000,000,001-$10 billion C $100,001-5500,000 ¡ $50,000,001-$100 million C $10,000,000,001-$50 billion D $500,001-$1 million ¡ $100,000,001-$500 million D More than $50 billion Request for Relief, Declaration, and Signatures WARNING - Bankruptcy fraud is a serious crime. Making a false statement in connection with a bankruptcy case can result in fines up to $500,000 or imprisonment for up to 20 years, or both. 18 U.S.C. §§ 152, 1341, 1519, and 3571, 17. Declaration and signature of The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this authorized representative of petition. debtor I have been authorized to file this petition on behalf of the debtor. I have examined the information In this petition and have a reasonable belief that the information is true and correct. I declare under penalty of perjury that the foregoing is true and correct. Executed on 4/26/ 2023 MM/ DD / YYYY Is/ Mohsin Meghjf Mohsin Meghji Signature of authorized representative of debtor Printed name Title Chief Restructuring Officer 18. Signature of attorney Isl Michael D. Sirota Date 4126/2023 Signature of attomey for debtor MM/DD/YYYY Michael D. SIrota Printed name Cole Schotz P.C. Firm name Court Plaza North, 25 Main Street Number Street New Hackensack Jersey 07601 State ZIP Code City (201) 489-3000 mairota@coleschotz.com Contact phone Email address 014321986 New Jersey Bar number State Official Form 201 Voluntary Petition for Non-Individuals Filing for Bankruptcy page 4 8 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 Case 23-13576 Doc 1 Filed 04/26/23 Entered 04/26/23 17:02:14 Desc Main NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 Document Page 5 of 19 United States Bankruptcy Court for the: District of New Jers (state) O Check if this is an Case number (if known): Chapter 11 amended filing Rider 1 Pendinq Bankruptcy Cases Filed by the Debtor and Affiliates of the Debtor On the date hereof, each of the entities listed below (collectively, the "Debtors") filed a petition in the United States Bankruptcy Court for the District of New Jersey for relief under chapter 11 of title 11 of the United States Code. The Debtors have moved for joint administration of these cases under the case number assigned to the chapter 11 case of Whittaker, Clark & Daniels, Inc. " Whittaker, Clark & Daniels, Inc. " Brilliant National Services, Inc. " L. A. Terminals, Inc. " Soco West, Inc. 9 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 Case 23-13576 Doc 1 Filed 04/26/23 Entered 04/26/23 17:02:14 Desc Main NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 Document Page 6 of 19 UNITED STATES BANKRUPTCY COURT DISTRICT OFNEW JERSEY ) In re: ) Chapter 11 ) BRILLIANT NATIONAL SERVICES, Case No. 23- INC., ) (__) Debtor. ) LIST OF EQUITY SECURITY HOLDERS1 Equity Holder Address of Equity Holder u He 100 First Stamford Place, Stamford, CT Common Ringwalt & Liesche Co. 100% 06902 ' list serves as disclosure required to be made This the by the debtor pursuant to Rule 1007 of the Federal Rules of Bankruptcy Procedure. All equity positions listed indicate the record holder of such equity as of the date of commencement of the chapter 11 case. 10 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 Case 23-13576 Doc 1 Filed 04/26/23 Entered 04/26/23 17:02:14 Desc Main NYSCEF DOC. NO. 70 RECEIVED NYSCEF: 04/27/2023 Document Page 7 of 19 UNITED STATES BANKRUPTCY COURT DISTRICT OFNEW JERSEY In re: ) Chapter 11 ) BRILLIANT NATIONAL Case No. 23- SERVICES, INC., ) (_) Debtor. ) CORPORATE OWNERSHIP STATEMENT Pursuant to Rules 1007(a)(1) and 7007.1 of the Federal Rules of Bankruptcy Procedure, the following are corporations, other than a governrnent unit, that directly or indirectly own 10% or more of any class of the debtor's equity interest: Shareholder Approximate Percentage of Shares Held Ringwalt & Liesche Co. 100% 11 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM INDEX NO. 190002/2023 NYSCEF DOC. Case NO. 7023-13576 Doc 1 Filed 04/26/23 Entered 04/26/23 17:02:14 Dese Main RECEIVED NYSCEF: 04/27/2023 Document Page 8 of 19 Uriited States Bankruptcy Court for the: Distdct of New Jensey (State) ¡ Check if this is an Case number (if amended filirig knownp Chapter 11 Chapter 11 Cases: List of Law Firms Representing the Tort Plaintiffs nm Whittater. Clerk & Daniels, Inc., Brititant National Services, Inco Soco West, Inco and L A. Terminals, Inc. (the "Dehtors") each fthus a petition In ituis courton the duts hereoffer falleI urider chapter 11 of title 11 ef thu.United States cede. The fonowing1s a consolidated list of parties that represen.1 or have represented the kreown partlea that hawa alleged claima against the Debtors related to tart,cFalms (the "Ten Counsel IJst"). Substantially contemporaneously with this petition, the Debtors have filed a rootion seeking authority to file this Top Counsel List in1)eu. of a list "Insider" of the 20 largest unsecured creditors.' This IIst does not in.clude any person or entity w 1o is an under section 101(31) of title 11 cIthe 1.lnIted States Code. The Top CtW.inned List was prepared for with Informason ax|sting as of the data hereof, The Debtore meerve the right to amend the Top Coun1sel List bar.ed on additional information It may Edentify. The Information contained in the Top Counsed List shall not constitute ury adrrdssion by, rher shall It be binding an, the Debtors. Nena oFeMditcFarld complete Nume 1slaphons nurdbari stid emall 'l@turm of Indinida hfclaim AreadM.of immeruragiclaim inmDing addtsms, Including dp code address aF-credimr sanact -thm claim isenntl if the claim Nluny urisecure4.M1rrain urmeoured (for u)filt(ddated or glaim fgmewit. If plairn is pmtiglly scùred,lill in exerhple, dhsputed total clàirn anmunt qnd deduchorg farymlue of M3 B fieltalerql orsetalf tc.clilt'ulq|@ NRS$94Fl3(ICl@Xfl. .dabts, bank loans. profeBelai Tiaf.alclairm W Deduciun far Urmacared pardaRY value of clairn secured colisteral or setoff Simon Greensione Panatier. PC Contingent/ 1201 Elm St. dgreenstone@sgpblaw.corp Dallas, TX 75270 Disputed Perry Waitz pWBitz@Weil2ls.IX.dorr . Weite & Lorenbem, P-C- (856) 756--1115 ;Conlingent/ 700Brasdway Llilgation !Uril[quidated/ N/A N/A 1,1ndeterrnined Nigw Yak, NY 10003 Danny Kraft |Disputed dkraftjr@weitzitogcorp (21 658-5600 BWMW Law, LLC Benjamin Schmlekle :Conun!sof/ 701 Market St.., Un[t t000 ben@swmklaw-com .Litiga9an UnHquidated/ N/A .N/A 1 adeterrnlgied 5t. Lotlis. MD 631D1 (314) Bii2-2882 ,Disputed T. Barlori French 14 Nautie Ralchle Hartley French & (314) 244-1397 16 st 51., 5te. 1200 gation u M ndetermIsu hpuM EL Lods, MD. fi3101 blail Maurie I I I arneorge@mrhimlaw 1 Thit list is 1ñ substantially 1he same fonT1as Oklab Bankruptcy f-orrri 204 for c0apt r U cases setting forth the li-st of ETeditOFBDther lhan insiders, who have the 20 largest.nosecured claims against a debtor. 12 of 88 FILED: NEW YORK COUNTY CLERK 04/27/2023 01:49 PM