Case RDD Doc 1 Filed 03/15/11 Entered 03/15/11 13:07:54 Page 1 of 79. Health Care Business Single Asset Real Estate as defined

Transcription

1 }bk1{form 1. Voluntary Petition}bk{ ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 1 of 79 B1 (fficial Form 1)(4/10) ame of ebtor (if individual, enter Last, First, Middle): HendrixBarnhill ompany, ncorporated nited States Bankruptcy ourt astern istrict of orth arolina Raleigh ivision ame of Joint ebtor (Spouse) (Last, First, Middle): Voluntary Petition All ther ames used by the ebtor in the last 8 years (include married, maiden, and trade names): All ther ames used by the Joint ebtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec. or ndividualaxpayer.. () o./omplete (if more than one, state all) Street Address of ebtor (o. and Street, ity, and State): 1819 Progress Rd Greenville, ZP ode ounty of Residence or of the Principal Place of Business: Pitt Mailing Address of ebtor (if different from street address): P Box 1904 Greenville, Location of Principal Assets of Business ebtor (if different from street address above): ZP ode Last four digits of Soc. Sec. or ndividualaxpayer.. () o./omplete (if more than one, state all) Street Address of Joint ebtor (o. and Street, ity, and State): ounty of Residence or of the Principal Place of Business: Mailing Address of Joint ebtor (if different from street address): ZP ode ZP ode ype of ebtor (Form of rganization) (heck one box) ndividual (includes Joint ebtors) See xhibit on page 2 of this form. orporation (includes LL and LLP) Partnership ther (f debtor is not one of the above entities, check this box and state type of entity below.) Full Filing Fee attached Filing Fee (heck one box) ature of Business (heck one box) Health are Business Single Asset Real state as defined in 11.S (51B) Railroad Stockbroker ommodity Broker learing Bank ther axxempt ntity (heck box, if applicable) ebtor is a taxexempt organization under itle 26 of the nited States ode (the nternal Revenue ode). 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 to pay fee except in installments. Rule 1006(b). See fficial Form 3A. Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See fficial Form 3B. Statistical/Administrative nformation ebtor estimates that funds will be available for distribution to unsecured creditors. ebtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. stimated umber of reditors hapter 7 hapter 9 hapter 11 hapter 12 hapter ,000 5,001 10,001 25,001 50,001 VR ,000 10,000 25,000 50, , ,000 stimated Assets $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million stimated Liabilities $0 to $50,001 to $100,001 to $500,001 $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than $50,000 $100,000 $500,000 to $1 to $10 to $50 to $100 to $500 to $1 billion $1 billion million million million million million hapter of Bankruptcy ode nder Which the Petition is Filed (heck one box) hapter 15 Petition for Recognition of a Foreign Main Proceeding hapter 15 Petition for Recognition of a Foreign onmain Proceeding ature of ebts (heck one box) ebts are primarily consumer debts, defined in 11.S.. 101(8) as "incurred by an individual primarily for a personal, family, or household purpose." ebts are primarily business debts. heck one box: hapter 11 ebtors ebtor is a small business debtor as defined in 11.S.. 101(51). ebtor is not a small business debtor as defined in 11.S.. 101(51). heck if: ebtor 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 every three years thereafter). heck 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.S (b). HS SPA S FR R S LY

2 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 2 of 79 B1 (fficial Form 1)(4/10) Page 2 ame of ebtor(s): Voluntary Petition HendrixBarnhill ompany, ncorporated (his page must be completed and filed in every case) All Prior Bankruptcy ases Filed Within Last 8 Years (f more than two, attach additional sheet) Location ase umber: ate Filed: Where Filed: one Location ase umber: ate Filed: Where Filed: Pending Bankruptcy ase Filed by any Spouse, Partner, or Affiliate of this ebtor (f more than one, attach additional sheet) ame of ebtor: ase umber: ate Filed: one istrict: Relationship: Judge: xhibit A (o be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and xchange ommission pursuant to Section 13 or 15(d) of the Securities xchange Act of 1934 and is requesting relief under chapter 11.) xhibit A is attached and made a part of this petition. xhibit B (o be completed if debtor is an individual whose debts are primarily consumer debts.), the attorney for the petitioner named in the foregoing petition, declare that have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13 of title 11, nited States ode, and have explained the relief available under each such chapter. further certify that delivered to the debtor the notice required by 11.S.. 342(b). X Signature of Attorney for ebtor(s) (ate) xhibit oes 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 xhibit is attached and made a part of this petition. o. xhibit (o be completed by every individual debtor. f a joint petition is filed, each spouse must complete and attach a separate xhibit.) xhibit completed and signed by the debtor is attached and made a part of this petition. f this is a joint petition: xhibit also completed and signed by the joint debtor is attached and made a part of this petition. nformation Regarding the ebtor Venue (heck any applicable box) ebtor has been domiciled or has had a residence, principal place of business, or principal assets in this istrict for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other istrict. here is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this istrict. ebtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the nited States in this istrict, or has no principal place of business or assets in the nited States but is a defendant in an action or proceeding [in a federal or state court] in this istrict, or the interests of the parties will be served in regard to the relief sought in this istrict. ertification by a ebtor Who Resides as a enant of Residential Property (heck all applicable boxes) Landlord has a judgment against the debtor for possession of debtor's residence. (f box checked, complete the following.) (ame of landlord that obtained judgment) (Address of landlord) ebtor 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 ebtor has included in this petition the deposit with the court of any rent that would become due during the 30day period after the filing of the petition. ebtor certifies that he/she has served the Landlord with this certification. (11.S.. 362(l)).

3 B1 (fficial Form 1)(4/10) Page 3 ame of ebtor(s): Voluntary Petition HendrixBarnhill ompany, ncorporated (his page must be completed and filed in every case) Signatures Signature(s) of ebtor(s) (ndividual/joint) Signature of a Foreign Representative X X ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 3 of 79 declare under penalty of perjury that the information provided in this petition is true and correct. [f petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] am aware that may proceed under chapter 7, 11, 12, or 13 of title 11, nited States ode, understand the relief available under each such chapter, and choose to proceed under chapter 7. [f no attorney represents me and no bankruptcy petition preparer signs the petition] have obtained and read the notice required by 11.S.. 342(b). request relief in accordance with the chapter of title 11, nited States ode, specified in this petition. Signature of ebtor Signature of Joint ebtor elephone umber (f not represented by attorney) X declare under penalty of perjury that the information provided in this petition is true and correct, that am the foreign representative of a debtor in a foreign proceeding, and that am authorized to file this petition. (heck only one box.) request relief in accordance with chapter 15 of title 11. nited States ode. ertified copies of the documents required by 11.S are attached. Pursuant to 11.S , request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. Signature of Foreign Representative Printed ame of Foreign Representative ate Signature of onattorney Bankruptcy Petition Preparer X ate Signature of Attorney* /s/ rawick H. Stubbs, Jr. Signature of Attorney for ebtor(s) rawick H. Stubbs, Jr Printed ame of Attorney for ebtor(s) Stubbs & Perdue, P.A. Firm ame P Box 1654 ew Bern, Address declare under penalty of perjury that: (1) am a bankruptcy petition preparer as defined in 11.S.. 110; (2) prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11.S.. 110(b), 110(h), and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11.S.. 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. fficial Form 19 is attached. Printed ame and title, if any, of Bankruptcy Petition Preparer SocialSecurity number (f the bankrutpcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition preparer.)(required by 11.S ) X elephone umber March 15, 2011 ate *n a case in which 707(b)(4)() applies, this signature also constitutes a certification that the attorney has no knowledge after an inquiry that the information in the schedules is incorrect. Signature of ebtor (orporation/partnership) declare under penalty of perjury that the information provided in this petition is true and correct, and that have been authorized to file this petition on behalf of the debtor. he debtor requests relief in accordance with the chapter of title 11, nited States ode, specified in this petition. /s/ R. Kelly Barnhill, Jr. Signature of Authorized ndividual R. Kelly Barnhill, Jr. Printed ame of Authorized ndividual President itle of Authorized ndividual March 15, 2011 ate X Address ate Signature of Bankruptcy Petition Preparer or officer, principal, responsible person,or partner whose Social Security number is provided above. ames and SocialSecurity numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual: f more than one person prepared this document, attach additional sheets conforming to the appropriate official form for each person. A bankruptcy petition preparer s failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both 11.S.. 110; 18.S

4 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 4 of 79 B4 (fficial Form 4) (12/07) nited States Bankruptcy ourt astern istrict of orth arolina Raleigh ivision n re HendrixBarnhill ompany, ncorporated ase o. ebtor(s) hapter 11 LS F RRS HLG 20 LARGS SR LAMS Following is the list of the debtor's creditors holding the 20 largest unsecured claims. he list is prepared in accordance with Fed. R. Bankr. P. 1007(d) for filing in this chapter 11 [or chapter 9] case. he list does not include (1) persons who come within the definition of "insider" set forth in 11.S.. 101, or (2) secured creditors unless the value of the collateral is such that the unsecured deficiency places the creditor among the holders of the 20 largest unsecured claims. f a minor child is one of the creditors holding the 20 largest unsecured claims, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John oe, guardian." o not disclose the child's name. See 11.S.. 112; Fed. R. Bankr. P. 1007(m). (1) (2) (3) (4) (5) ame of creditor and complete mailing address including zip code BB& P Box harlotte, BB& P Box harlotte, Wells Fargo Bank 301 S. ryon Street, 30th Fl harlotte, RM 6021 Hwy 50 orth Benson, Greenville Paving, nc. P Box 7088 Greenville, American xpress P Box Fort Lauderdale, FL Garner oncrete & Slipforming 103 Hunter's race Snow Hill, H Supply Waterworks P Box Atlanta, GA ame, telephone number and complete mailing address, including zip code, of employee, agent, or department of creditor familiar with claim who may be contacted BB& P Box harlotte, BB& P Box harlotte, Wells Fargo Bank 301 S. ryon Street, 30th Fl harlotte, RM 6021 Hwy 50 orth Benson, Greenville Paving, nc. P Box 7088 Greenville, American xpress P Box Fort Lauderdale, FL Garner oncrete & Slipforming 103 Hunter's race Snow Hill, H Supply Waterworks P Box Atlanta, GA ature of claim (trade debt, bank loan, government contract, etc.) accounts receivable, equipment, inventory, and 7 vehicles accounts receivable, equipment, inventory, and 7 vehicles ndicate if claim is contingent, unliquidated, disputed, or subject to setoff Amount of claim [if secured, also state value of security] 1,042, (481, secured) (873, senior lien) 873, (481, secured) ontingent 115, , , , , , Software opyright (c) H RPRA Best ase Bankruptcy

5 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 5 of 79 B4 (fficial Form 4) (12/07) ont. n re HendrixBarnhill ompany, ncorporated ase o. ebtor(s) LS F RRS HLG 20 LARGS SR LAMS (ontinuation Sheet) (1) (2) (3) (4) (5) ame of creditor and complete mailing address including zip code Southern Flow, nc ndustrial Way, Ste A Alpharetta, GA Mack ndustries, nc. P Box olumbus, H Smith, Kesler & o., nc. P Box Spartanburg, S Wake Stone orporation P.. Box 190 Knightdale, Hanson Pipe & Precast, nc. Po Box allas, X Fry Fence o., nc urham r, Ste 115 Raleigh, Mack Gay Associates 1667 Woodruff Rd Rocky Mount, Pitt ounty ax ollector P Box 875 Greenville, Spain Plumbing o., nc Briley Rd Greenville, Wilson Rhodes 1501 Hooker Rd Greenville, Pitt ounty ax ollector P Box 875 Greenville, erratech ngineers nc. Attn: Manager or Agent 4905 Professional t. Raleigh, ame, telephone number and complete mailing address, including zip code, of employee, agent, or department of creditor familiar with claim who may be contacted Southern Flow, nc ndustrial Way, Ste A Alpharetta, GA Mack ndustries, nc. P Box olumbus, H Smith, Kesler & o., nc. P Box Spartanburg, S Wake Stone orporation P.. Box 190 Knightdale, Hanson Pipe & Precast, nc. Po Box allas, X Fry Fence o., nc urham r, Ste 115 Raleigh, Mack Gay Associates 1667 Woodruff Rd Rocky Mount, Pitt ounty ax ollector P Box 875 Greenville, Spain Plumbing o., nc Briley Rd Greenville, Wilson Rhodes 1501 Hooker Rd Greenville, Pitt ounty ax ollector P Box 875 Greenville, erratech ngineers nc. Attn: Manager or Agent 4905 Professional t. Raleigh, ature of claim (trade debt, bank loan, government contract, etc.) ndicate if claim is contingent, unliquidated, disputed, or subject to setoff Amount of claim [if secured, also state value of security] 19, , , , , , , real property tax 9, business personal property taxes 9, , , , Software opyright (c) H RPRA Best ase Bankruptcy

6 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 6 of 79 B4 (fficial Form 4) (12/07) ont. n re HendrixBarnhill ompany, ncorporated ase o. ebtor(s) LS F RRS HLG 20 LARGS SR LAMS (ontinuation Sheet) LARA R PALY F PRJRY BHALF F A RPRA R PARRSHP, the President of the corporation named as the debtor in this case, declare under penalty of perjury that have read the foregoing list and that it is true and correct to the best of my information and belief. ate March 15, 2011 Signature /s/ R. Kelly Barnhill, Jr. R. Kelly Barnhill, Jr. President Penalty for making a false statement or concealing property: Fine of up to $500,000 or imprisonment for up to 5 years or both. 18.S and Software opyright (c) H RPRA Best ase Bankruptcy

7 }bk1{form 6. Sumary of Schedules}bk{ ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 7 of 79 B6 Summary (fficial Form 6 Summary) (12/07) n re HendrixBarnhill ompany, ncorporated nited States Bankruptcy ourt astern istrict of orth arolina Raleigh ivision ebtor, ase o. hapter 11 SMMARY F SHLS ndicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A, B,,, F,, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor s assets. Add the amounts of all claims from Schedules,, and F to determine the total amount of the debtor s liabilities. ndividual debtors must also complete the "Statistical Summary of ertain Liabilities and Related ata" if they file a case under chapter 7, 11, or 13. AM F SHL AAH. F ASSS LABLS HR (YS/) SHS A Real Property Yes 1 57, B Personal Property Yes , Property laimed as xempt Yes 3 reditors Holding Secured laims Yes 1 1,922, reditors Holding nsecured Priority laims (otal of laims on Schedule ) Yes 2 29, F reditors Holding nsecured onpriority laims Yes , G xecutory ontracts and nexpired Leases Yes 1 H odebtors Yes 1 urrent ncome of ndividual ebtor(s) J urrent xpenditures of ndividual ebtor(s) otal umber of Sheets of ALL Schedules o o 0 /A 0 /A 54 otal Assets 592, otal Liabilities 2,715, Software opyright (c) H RPRA Best ase Bankruptcy

8 }bk1{form 6. Statistical Sumary of ertain Liabilities and Related ata}bk{ ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 8 of 79 Form 6 Statistical Summary (12/07) nited States Bankruptcy ourt astern istrict of orth arolina Raleigh ivision n re HendrixBarnhill ompany, ncorporated ebtor, ase o. hapter 11 SASAL SMMARY F RA LABLS A RLA AA (28.S.. 159) f you are an individual debtor whose debts are primarily consumer debts, as defined in 101(8) of the Bankruptcy ode (11.S.. 101(8)), filing a case under chapter 7, 11 or 13, you must report all information requested below. heck this box if you are an individual debtor whose debts are primarily consumer debts. You are not required to report any information here. his information is for statistical purposes only under 28.S Summarize the following types of liabilities, as reported in the Schedules, and total them. ype of Liability Amount omestic Support bligations (from Schedule ) axes and ertain ther ebts wed to Governmental nits (from Schedule ) laims for eath or Personal njury While ebtor Was ntoxicated (from Schedule ) (whether disputed or undisputed) Student Loan bligations (from Schedule F) omestic Support, Separation Agreement, and ivorce ecree bligations ot Reported on Schedule bligations to Pension or ProfitSharing, and ther Similar bligations (from Schedule F) AL State the following: Average ncome (from Schedule, Line 16) Average xpenses (from Schedule J, Line 18) urrent Monthly ncome (from Form 22A Line 12; R, Form 22B Line 11; R, Form 22 Line 20 ) State the following: 1. otal from Schedule, "SR PR, F AY" column 2. otal from Schedule, "AM L PRRY" column 3. otal from Schedule, "AM L PRRY, F AY" column 4. otal from Schedule F 5. otal of nonpriority unsecured debt (sum of 1, 3, and 4) Software opyright (c) H RPRA Best ase Bankruptcy

9 }bk1{schedule A Real Property}bk{ ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 9 of 79 B6A (fficial Form 6A) (12/07) n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL A RAL PRPRY xcept as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property owned as a cotenant, community property, or in which the debtor has a life estate. nclude any property in which the debtor holds rights and powers exercisable for the debtor's own benefit. f the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "" in the column labeled "Husband, Wife, Joint, or ommunity." f the debtor holds no interest in real property, write "one" under "escription and Location of Property." o not include interests in executory contracts and unexpired leases on this schedule. List them in Schedule G xecutory ontracts and nexpired Leases. f an entity claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule. f no entity claims to hold a secured interest in the property, write "one" in the column labeled "Amount of Secured laim." f the debtor is an individual or if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule Property laimed as xempt. escription and Location of Property ature of ebtor's nterest in Property Husband, Wife, Joint, or ommunity urrent Value of ebtor's nterest in Property, without educting any Secured laim or xemption Amount of Secured laim 25% ownership in Jones Farm located on ld reek Rd, Greenville,, consisting of acres of agricultural land 57, Subotal > 57, (otal of this page) 0 continuation sheets attached to the Schedule of Real Property otal > 57, (Report also on Summary of Schedules) Software opyright (c) H RPRA Best ase Bankruptcy

10 }bk1{schedule B Personal Property}bk{ ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 10 of 79 B6B (fficial Form 6B) (12/07) n re HendrixBarnhill ompany, ncorporated ebtor, ase o. xcept as directed below, list all personal property of the debtor of whatever kind. f the debtor has no property in one or more of the categories, place an "x" in the appropriate position in the column labeled "one." f additional space is needed in any category, attach a separate sheet properly identified with the case name, case number, and the number of the category. f the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an "H," "W," "J," or "" in the column labeled "Husband, Wife, Joint, or ommunity." f the debtor is an individual or a joint petition is filed, state the amount of any exemptions claimed only in Schedule Property laimed as xempt. o not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G xecutory ontracts and nexpired Leases. f the property is being held for the debtor by someone else, state that person's name and address under "escription and Location of Property." f the property is being held for a minor child, simply state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John oe, guardian." o not disclose the child's name. See, 11.S and Fed. R. Bankr. P. 1007(m). ype of Property SHL B PRSAL PRPRY escription and Location of Property Husband, Wife, Joint, or ommunity urrent Value of ebtor's nterest in Property, without educting any Secured laim or xemption 1. ash on hand Petty ash on hand at 1819 Progress Rd, Greenville, hecking, savings or other financial accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit unions, brokerage houses, or cooperatives. First itizens Bank perating Account account ending in 1292 BB& perating Account account ending in 2690 BB& Payroll Account account ending in 2372 Wachovia scrow Account ending in 7464 ofield Money Market 16, , Security deposits with public utilities, telephone companies, landlords, and others. 4. Household goods and furnishings, including audio, video, and computer equipment. 5. Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles. X X X 6. Wearing apparel. X 7. Furs and jewelry. X 8. Firearms and sports, photographic, and other hobby equipment. 9. nterests in insurance policies. ame insurance company of each policy and itemize surrender or refund value of each. X X Subotal > (otal of this page) 34, continuation sheets attached to the Schedule of Personal Property Software opyright (c) H RPRA Best ase Bankruptcy

11 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 11 of 79 B6B (fficial Form 6B) (12/07) ont. n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL B PRSAL PRPRY (ontinuation Sheet) ype of Property escription and Location of Property Husband, Wife, Joint, or ommunity urrent Value of ebtor's nterest in Property, without educting any Secured laim or xemption 10. Annuities. temize and name each issuer. X 11. nterests in an education RA as defined in 26.S.. 530(b)(1) or under a qualified State tuition plan as defined in 26.S.. 529(b)(1). Give particulars. (File separately the record(s) of any such interest(s). 11.S.. 521(c).) X 12. nterests in RA, RSA, Keogh, or other pension or profit sharing plans. Give particulars. X 13. Stock and interests in incorporated and unincorporated businesses. temize. X 14. nterests in partnerships or joint ventures. temize. X 15. Government and corporate bonds and other negotiable and nonnegotiable instruments. X 16. Accounts receivable. rade Receivables see attached xhibit A 86, Accounts Receivables employees ote Receivable Hilliard quipment in the amount of $35, Value shown is amount believed to be collectible. ote Receivable Jones & Jones in the amount of $80, Value shown is amount believed to be collectible. ote Receivable H & /ustom Grading in the amount of $73, Value shown is amount believed to be collectible Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars. X Subotal > (otal of this page) 86, Sheet 1 of 6 continuation sheets attached to the Schedule of Personal Property Software opyright (c) H RPRA Best ase Bankruptcy

12 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 12 of 79 B6B (fficial Form 6B) (12/07) ont. n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL B PRSAL PRPRY (ontinuation Sheet) ype of Property escription and Location of Property Husband, Wife, Joint, or ommunity urrent Value of ebtor's nterest in Property, without educting any Secured laim or xemption 18. ther liquidated debts owed to debtor including tax refunds. Give particulars. onstruction Lien in the amount of $125, ase o. 10VS Hendrix Barnhill o. v. WM Six Forks, LL and Berkadia ommercial Mortgage, LL Value shown is amount believed to be collectible. 31, quitable or future interests, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule A Real Property. 20. ontingent and noncontingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust. 21. ther contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each. 22. Patents, copyrights, and other intellectual property. Give particulars. 23. Licenses, franchises, and other general intangibles. Give particulars. 24. ustomer lists or other compilations containing personally identifiable information (as defined in 11.S.. 101(41A)) provided to the debtor by individuals in connection with obtaining a product or service from the debtor primarily for personal, family, or household purposes. X X X X X X 25. Automobiles, trucks, trailers, and other vehicles and accessories Ford F250 ruck V o. 1FW20L04B Ford F250 ruck V o.: 1FS20575B Ford F250 ruck V o.: 1FSW , , Subotal > (otal of this page) 34, Sheet 2 of 6 continuation sheets attached to the Schedule of Personal Property Software opyright (c) H RPRA Best ase Bankruptcy

13 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 13 of 79 B6B (fficial Form 6B) (12/07) ont. n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL B PRSAL PRPRY (ontinuation Sheet) ype of Property escription and Location of Property Husband, Wife, Joint, or ommunity urrent Value of ebtor's nterest in Property, without educting any Secured laim or xemption 2006 Ford F250 ruck V o.: 1FPX14556A hevrolet Silverado 2500 ruck V o.: 1GH2306F Ford F150 ruck V o.: 1FPX12526FA Ford F150 ruck V o.: 1FPX12V86B Acura Auto RL V o.: JH4KB hevrolet ahoe SV V o.: 1GFK13077R Ford F250 ruck V o.: 1FSW Ford F250 ruck V o.: 1FSW Ford F250 ruck V o.: 1FSW Ford F250 ruck V o.: 1FSW Ford F800 Flat Bed ruck V o.: 3FF801XMA Mack ruck H613 V o.: 1M1AA18Y4YW Ford F150 ruck V o.: 1FRX17W0YA Ford F650 FlatBed ruck V o. 3FF6512YMA Ford F650 Flat Bed ruck V o.: 3FF6564YMA Ford F250 Pickup ruck V o.: 1FW20L73A , , , , , , , , , , , , Subotal > (otal of this page) 41, Sheet 3 of 6 continuation sheets attached to the Schedule of Personal Property Software opyright (c) H RPRA Best ase Bankruptcy

14 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 14 of 79 B6B (fficial Form 6B) (12/07) ont. n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL B PRSAL PRPRY (ontinuation Sheet) ype of Property escription and Location of Property Husband, Wife, Joint, or ommunity urrent Value of ebtor's nterest in Property, without educting any Secured laim or xemption 2003 Ford F150 Pickup ruck V o.: 1FRX17L73A Ford F250 ruck V o.: 1FW20L03B GM Yukon V o.: 1GKK13Z44R Ford F250 ruck V o.: 1FW20L Ford F250 ruck V o.: 1FSW20505B Ford F250 ruck V o.: 1FSW Ford F150 ruck V o.: 1FRF12W96A Pipe railer Serial/Plate o.: X railer Serial/Plate o.: X Savage 40' Pipe railer Serial/Plate o.: R0033S 1991 Pipe railer Serial/Plate o.: X Pipe railer Serial/Plate o.: X Rogers ffice railer Serial/Plate o.: Rogers ffice railer Serial/Plate o.: F032B albert 50 Lowboy railer Serial/Plate o.: 40FW Pipe railer Serial/Plate o.: X , , , , , Subotal > (otal of this page) 12, Sheet 4 of 6 continuation sheets attached to the Schedule of Personal Property Software opyright (c) H RPRA Best ase Bankruptcy

15 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 15 of 79 B6B (fficial Form 6B) (12/07) ont. n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL B PRSAL PRPRY (ontinuation Sheet) ype of Property escription and Location of Property Husband, Wife, Joint, or ommunity urrent Value of ebtor's nterest in Property, without educting any Secured laim or xemption 1997 Roadrunner Storage railer Serial/Plate o.: 4RS2027VS Pipe railer Serial/Plate o.: HB 1999 Pipe railer Serial/Plate o.: Pipe railer Serial/Plate o.: X andem Axle railer Serial/Plate o.: X Pace railer Serial/Plate o.: 4FPAB1627XG arr railer w/ pressure test equipment Serial/Plate o.: 4YML101X6G Miller Storage railer Serial/Plate o.: W Miller Storage railer Serial/Plate o.: W , Boats, motors, and accessories. X 27. Aircraft and accessories. X 28. ffice equipment, furnishings, and supplies. X 29. Machinery, fixtures, equipment, and supplies used in business atepillar 420 Backhoe Serial o.: FP atepillar 420 Backhoe Serial o.: FP atepillar 420 Backhoe Serial o.: FP ase 580SM Backhoe Serial o.: JJG Komatsu P400L6 xcavator Serial o.: A , , , , , Subotal > (otal of this page) 156, Sheet 5 of 6 continuation sheets attached to the Schedule of Personal Property Software opyright (c) H RPRA Best ase Bankruptcy

16 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 16 of 79 B6B (fficial Form 6B) (12/07) ont. n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL B PRSAL PRPRY (ontinuation Sheet) ype of Property escription and Location of Property Husband, Wife, Joint, or ommunity urrent Value of ebtor's nterest in Property, without educting any Secured laim or xemption 2003 ase 621X Loader Serial o.: jee ase 584 Forklift Serial o.: ase 586 Forklift Serial o.: ew Holland 65 ractor Serial o.: Ford 3930 ractor Serial o.: B 2005 McLaughlin ML20B Boring Machine 20" Serial o.: 20B Goodwin Bypass Pump, Model 4661 Serial o.: Goodwin Bypass Pump, Model 4668 Serial o.: hompson 12" Well Point Pump, Model o. 12RJS6068 Serial o.: V nventory. onstruction Materials & nventory see attached xhibit B for further information 35, , , , , , , , , , Animals. X 32. rops growing or harvested. Give particulars. 33. Farming equipment and implements. X X 34. Farm supplies, chemicals, and feed. X 35. ther personal property of any kind not already listed. temize. X Sheet 6 of 6 continuation sheets attached to the Schedule of Personal Property Software opyright (c) H RPRA Subotal > 169, (otal of this page) otal > 534, (Report also on Summary of Schedules) Best ase Bankruptcy

17 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 17 of 79

18 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 18 of 79

19 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 19 of 79

20 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 20 of 79

21 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 21 of 79

22 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 22 of 79

23 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 23 of 79

24 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 24 of 79

25 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 25 of 79

26 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 26 of 79

27 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 27 of 79

28 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 28 of 79

29 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 29 of 79

30 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 30 of 79

31 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 31 of 79

32 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 32 of 79

33 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 33 of 79

34 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 34 of 79

35 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 35 of 79

36 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 36 of 79

37 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 37 of 79

38 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 38 of 79

39 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 39 of 79

40 }bk1{schedule reditors Holding Secured laims}bk{ ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 40 of 79 B6 (fficial Form 6) (12/07) n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL RRS HLG SR LAMS State the name, mailing address, including zip code, and last four digits of any account number of all entities holding claims secured by property of the debtor as of the date of filing of the petition. he complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. List creditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and other security interests. List creditors in alphabetical order to the extent practicable. f a minor child is a creditor, the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John oe, guardian." o not disclose the child's name. See, 11.S and Fed. R. Bankr. P. 1007(m). f all secured creditors will not fit on this page, use the continuation sheet provided. f any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "odebtor",include the entity on the appropriate schedule of creditors, and complete Schedule H odebtors. f a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H", "W", "J", or "" in the column labeled "Husband, Wife, Joint, or ommunity". f the claim is contingent, place an "X" in the column labeled "ontingent". f the claim is unliquidated, place an "X" in the column labeled "nliquidated". f the claim is disputed, place an "X" in the column labeled "isputed". (You may need to place an "X" in more than one of these three columns.) otal the columns labeled "Amount of laim Without educting Value of ollateral" and "nsecured Portion, if Any" in the boxes labeled "otal(s)" on the last sheet of the completed schedule. Report the total from the column labeled "Amount of laim" also on the Summary of Schedules and, if the debtor is an individual with primarily consumer debts, report the total from the column labeled "nsecured Portion" on the Statistical Summary of ertain Liabilities and Related ata. heck this box if debtor has no creditors holding secured claims to report on this Schedule. RR'S AM A MALG ARSS LG ZP, A A MBR (See instructions above.) Account o. xxxxxxxx0200 reditor #: 1 Ally Financial P Box Louisville, KY B R Husband, Wife, Joint, or ommunity H W J A LAM WAS RR, AR F L, A SRP A VAL F PRPRY SBJ L 2007 hevrolet ahoe SV V o.: 1GFK13077R G L Q A S P AM F LAM WH G VAL F LLARAL SR PR, F AY Account o. xxxxxxxxxxx0018 reditor #: 2 BB& P Box harlotte, X Value $ 13, accounts receivable, equipment, inventory, and 7 vehicles 6, Account o. xxxxxxxxxxx0020 reditor #: 3 BB& P Box harlotte, X Value $ 481, accounts receivable, equipment, inventory, and 7 vehicles 873, , Account o. Value $ 481, ,042, ,042, Value $ 0 continuation sheets attached Subtotal (otal of this page) 1,922, ,434, otal (Report on Summary of Schedules) 1,922, ,434, Software opyright (c) H RPRA Best ase Bankruptcy

41 }bk1{schedule reditors Holding nsecured Priority laims}bk{ ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 41 of 79 B6 (fficial Form 6) (4/10) n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL RRS HLG SR PRRY LAMS A complete list of claims entitled to priority, listed separately by type of priority, is to be set forth on the sheets provided. nly holders of unsecured claims entitled to priority should be listed in this schedule. n the boxes provided on the attached sheets, state the name, mailing address, including zip code, and last four digits of the account number, if any, of all entities holding priority claims against the debtor or the property of the debtor, as of the date of the filing of the petition. se a separate continuation sheet for each type of priority and label each with the type of priority. he complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. f a minor child is a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John oe, guardian." o not disclose the child's name. See, 11.S and Fed. R. Bankr. P. 1007(m). f any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "odebtor," include the entity on the appropriate schedule of creditors, and complete Schedule Hodebtors. f a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H," "W," "J," or "" in the column labeled "Husband, Wife, Joint, or ommunity." f the claim is contingent, place an "X" in the column labeled "ontingent." f the claim is unliquidated, place an "X" in the column labeled "nliquidated." f the claim is disputed, place an "X" in the column labeled "isputed." (You may need to place an "X" in more than one of these three columns.) Report the total of claims listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all claims listed on this Schedule in the box labeled "otal" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules. Report the total of amounts entitled to priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all amounts entitled to priority listed on this Schedule in the box labeled "otals" on the last sheet of the completed schedule. ndividual debtors with primarily consumer debts report this total also on the Statistical Summary of ertain Liabilities and Related ata. Report the total of amounts not entitled to priority listed on each sheet in the box labeled "Subtotals" on each sheet. Report the total of all amounts not entitled to priority listed on this Schedule in the box labeled "otals" on the last sheet of the completed schedule. ndividual debtors with primarily consumer debts report this total also on the Statistical Summary of ertain Liabilities and Related ata. heck this box if debtor has no creditors holding unsecured priority claims to report on this Schedule. YPS F PRRY LAMS (heck the appropriate box(es) below if claims in that category are listed on the attached sheets) omestic support obligations laims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor, or the parent, legal guardian, or responsible relative of such a child, or a governmental unit to whom such a domestic support claim has been assigned to the extent provided in 11.S.. 507(a)(1). xtensions of credit in an involuntary case laims arising in the ordinary course of the debtor's business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee or the order for relief. 11.S.. 507(a)(3). Wages, salaries, and commissions Wages, salaries, and commissions, including vacation, severance, and sick leave pay owing to employees and commissions owing to qualifying independent sales representatives up to $11,725* per person earned within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11.S.. 507(a)(4). ontributions to employee benefit plans Money owed to employee benefit plans for services rendered within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11.S.. 507(a)(5). ertain farmers and fishermen laims of certain farmers and fishermen, up to $5,775* per farmer or fisherman, against the debtor, as provided in 11.S.. 507(a)(6). eposits by individuals laims of individuals up to $2,600* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not delivered or provided. 11.S.. 507(a)(7). axes and certain other debts owed to governmental units axes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in 11.S.. 507(a)(8). ommitments to maintain the capital of an insured depository institution laims based on commitments to the F, R, irector of the ffice of hrift Supervision, omptroller of the urrency, or Board of Governors of the Federal Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution. 11.S (a)(9). laims for death or personal injury while debtor was intoxicated laims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11.S.. 507(a)(10). * Amount subject to adjustment on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment. 1 continuation sheets attached Software opyright (c) H RPRA Best ase Bankruptcy

42 ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 42 of 79 B6 (fficial Form 6) (4/10) ont. n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL RRS HLG SR PRRY LAMS (ontinuation Sheet) axes and ertain ther ebts wed to Governmental nits YP F PRRY RR'S AM, A MALG ARSS LG ZP, A A MBR (See instructions.) Account o. xxxxxx2613 reditor #: 1 Johnston ounty ax oll P Box 451 Smithfield, B R Husband, Wife, Joint, or ommunity H W J A LAM WAS RR A SRA FR LAM real property taxes G L Q A S P AM F LAM AM L PRRY, F AY 2, AM L PRRY 2, Account o. reditor #: 2 orth arolina ept. of Labor Attn: Legal Affairs ivision 1101 Mail Service enter Raleigh, SHA fine , , Account o. xxxxx3094 reditor #: 3 Pitt ounty ax ollector P Box 875 Greenville, real property taxes , , Account o. xxx1400 reditor #: 4 Pitt ounty ax ollector P Box 875 Greenville, business personal property taxes , , Account o. xxxxx4531 reditor #: 5 Pitt ounty ax ollector P Box 875 Greenville, real property tax 0.00 Sheet 1 of 1 continuation sheets attached to Schedule of reditors Holding nsecured Priority laims Subtotal (otal of this page) otal (Report on Summary of Schedules) 9, , , , , , , , Software opyright (c) H RPRA Best ase Bankruptcy

43 }bk1{schedule F reditors Holding nsecured onpriority laims}bk{ ase R oc 1 Filed 03/15/11 ntered 03/15/11 13:07:54 Page 43 of 79 B6F (fficial Form 6F) (12/07) n re HendrixBarnhill ompany, ncorporated ebtor, ase o. SHL F RRS HLG SR PRRY LAMS State the name, mailing address, including zip code, and last four digits of any account number, of all entities holding unsecured claims without priority against the debtor or the property of the debtor, as of the date of filing of the petition. he complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. f a minor child is a creditor, state the child's initials and the name and address of the child's parent or guardian, such as "A.B., a minor child, by John oe, guardian." o not disclose the child's name. See, 11.S and Fed. R. Bankr. P. 1007(m). o not include claims listed in Schedules and. f all creditors will not fit on this page, use the continuation sheet provided. f any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "odebtor," include the entity on the appropriate schedule of creditors, and complete Schedule H odebtors. f a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim by placing an "H," "W," "J," or "" in the column labeled "Husband, Wife, Joint, or ommunity." f the claim is contingent, place an "X" in the column labeled "ontingent." f the claim is unliquidated, place an "X" in the column labeled "nliquidated." f the claim is disputed, place an "X" in the column labeled "isputed." (You may need to place an "X" in more than one of these three columns.) Report the total of all claims listed on this schedule in the box labeled "otal" on the last sheet of the completed schedule. Report this total also on the Summary of Schedules and, if the debtor is an individual with primarily consumer debts, report this total also on the Statistical Summary of ertain Liabilities and Related ata. heck this box if debtor has no creditors holding unsecured claims to report on this Schedule F. Account o. RR'S AM, MALG ARSS LG ZP, A A MBR (See instructions above.) reditor #: 1 American xpress P Box Fort Lauderdale, FL B R Husband, Wife, Joint, or ommunity H W J A LAM WAS RR A SRA FR LAM. F LAM S SBJ SFF, S SA. G L Q A S P AM F LAM 50, Account o. reditor #: 2 A& P Box Louisville, KY Account o. reditor #: 3 Robert K. & Mary Ann Barnhill, Sr. P Box 1904 Greenville, arrearages for lease of office building located at 1819 Progress Rd, Greenville, Account o. xxxxxxxxxxxx8079 reditor #: 4 BB& Financial, FSB Attn: Manager or Agent P Box harlotte, , , continuation sheets attached Subtotal (otal of this page) 83, Software opyright (c) H RPRA S/: Best ase Bankruptcy