In re Excel Maritime Carriers LTD., et al., Case No. 13-23060-RDD Debtors. Chapter 11 (Jointly Administered)
GLOBAL NOTES REGARDING DEBTORS BANKRUPTCY SCHEDULES AND STATEMENTS
General Notes
The Schedules of Assets and Liabilities (the Schedules) and Statements of Financial Affairs (the SOFAs and, collectively with the Schedules, the Bankruptcy Materials) of Excel Maritime Carriers LTD. (Excel) and its affiliated debtors in the above-captioned, jointly administered chapter 11 cases (collectively, the Debtors 1 ) were prepared pursuant to 11 U.S.C. 521 and Rule 1007 of the Federal Rules of Bankruptcy Procedure by management of the Debtors and are unaudited. While Debtors management has made reasonable efforts to ensure that the Bankruptcy Materials are accurate and complete, based upon information that was available to them at the time of preparation, subsequent information may result in material changes to the Bankruptcy Materials. Moreover, because the Bankruptcy Materials contain unaudited information which is subject to further review and potential adjustment, there can be no assurance that these Bankruptcy Materials are complete. The Debtors reserve all rights to amend the Bankruptcy Materials from time to time, in all respects, as may be necessary or appropriate, including, but not limited to, the right to dispute or otherwise assert offsets or defenses to any claim reflected on the Bankruptcy Materials as to amount, liability or classification, or to otherwise subsequently designate any claim as disputed, contingent, or unliquidated. Furthermore, nothing contained in the Bankruptcy Materials shall constitute a waiver of rights with respect to the above-captioned Chapter
1 The Debtors and the last four digits of their taxpayer identification numbers are as follows: Excel Maritime Carriers LLC (9430), Excel Maritime Carriers Ltd. (2212), Amanda Enterprises Limited (8034), Barland Holdings Inc. (8057), Candy Enterprises Inc. (8053), Castalia Services Ltd. (8055), Centel Shipping Company Limited (0861), Coal Gypsy Shipco LLC (2212), Coal Hunter Shipco LLC (2212), Coal Pride Shipco LLC (2212), Fianna Navigation S.A. (8041), Fountain Services Limited (8054), Grain Express Shipco LLC (2212), Grain Harvester Shipco LLC (2212), Harvey Development Corp. (8048), Ingram Limited (8039), Iron Anne Shipco LLC (2212), Iron Beauty Shipco LLC (2212), Iron Bill Shipco LLC (2212), Iron Bradyn Shipco LLC (2212), Iron Brooke Shipco LLC (2212), Iron Fuzeyya Shipco LLC (2212), Iron Kalypso Shipco LLC (2212), Iron Knight Shipco LLC (2212), Iron Lindrew Shipco LLC (2212), Iron Manolis Shipco LLC (2212), Iron Miner Shipco LLC (2212), Iron Vassilis Shipco LLC (2212), Kirmar Shipco LLC (2212), Liegh Jane Navigation S.A. (8043), Lowlands Beilun Shipco LLC (2212), Marias Trading Inc. (8036), Ore Hansa Shipco LLC (2212), Pascha Shipco LLC (2212), Point Holdings Ltd. (NA), Sandra Shipco LLC (2212), Santa Barbara Shipco LLC (2212), Snapper Marine Ltd. (8051), Tanaka Services Ltd. (8037), Teagan Shipholding S.A. (8045), Thurman International Ltd. (NA), Whitelaw Enterprises Co. (8050), and Yasmine International Inc. (8046). The address for Excel Maritime Carriers LLC is 777 Westchester Avenue Suite 101 White Plains, New York USA 10604 and the address for all other Debtors is c/o Excel Maritime Carriers Ltd., 17th KM National Road Athens, Lamia & Finikos Street, 145 64 Nea Kifisia, Athens, Greece. 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 1 of 57 - 2 - 11 cases, including but not limited to any issues involving substantive consolidation, equitable subordination, or causes of action arising under the provisions of Chapter 5 of title 11 of the United States Code (the Bankruptcy Code) or any other relevant non- bankruptcy laws to recover assets or avoid transfers. These global notes regarding the Debtors Bankruptcy Materials (Global Notes) comprise an integral part of the Bankruptcy Materials and should be referred to and considered in connection with any review of the Bankruptcy Materials.
1. Basis of Presentation. The Bankruptcy Materials reflect the unconsolidated assets and liabilities of each individual Debtor to the extent distinguishable. Similarly, the revenues depicted in these Bankruptcy Materials have been presented on an accrual basis, unconsolidated for each individual Debtor. Accordingly, the totals listed in these Bankruptcy Materials may not be comparable to Excels consolidated financial reports prepared for public reporting purposes or otherwise as these reports include Excel and each of its subsidiaries, some of which are not Debtors in these proceedings. The Bankruptcy Materials do not purport to represent financial statements prepared in accordance with U.S. Generally Accepted Accounting Principles (GAAP) or any other recognized financial reporting framework, nor are they intended to reconcile to any financial statements otherwise prepared or distributed by the Debtors or any of the Debtors affiliates.
Moreover, given, among other things, the uncertainty surrounding the valuation and nature of certain liabilities, to the extent that a Debtor shows more assets than liabilities, this is not a conclusion that the Debtor was solvent as of July 1, 2013 (the Petition Date) or at any time prior to the Petition Date. Similarly, to the extent that a Debtor shows more liabilities than assets, this is not a conclusion that the Debtor was insolvent at the Petition Date or any time prior to the Petition Date.
The Schedules, SOFAs, and General Notes should not be relied upon by any persons for information relating to current or future financial conditions, events or performance of any of the Debtors or their affiliates.
2. Causes of Action. The Debtors, despite their efforts, may not have listed all of their causes of action against third parties as assets in the Bankruptcy Materials. The Debtors reserve all of their rights with respect to any causes of action they may have, and neither these Global Notes nor the Bankruptcy Materials shall be deemed a waiver of any causes of action.
3. Claims Description. Any failure to designate a claim on the Debtors Bankruptcy Materials as disputed, contingent, or unliquidated does not constitute an admission by the Debtors that such amount is not disputed, contingent, or unliquidated. The Debtors reserve the right to dispute any claim reflected on their Bankruptcy Materials on any grounds, including but not limited to, amount, liability or classification, or to otherwise subsequently amend the Bankruptcy Materials or to designate such claims as disputed, contingent, or unliquidated.
13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 2 of 57 - 3 - 4. Claims Paid Pursuant to Court Orders. The United States Bankruptcy Court for the Southern District of New York authorized the Debtors to pay certain prepetition claims, including but not limited to, insurance payments, certain taxes and trade vendor claims. Consequently, certain prepetition fixed, liquidated and undisputed unsecured claims may have been paid following the Petition Date. The claim balances represent the balances as at July 1, 2013 and have not been adjusted for post-petition payments. Additional amounts reflecting accrued, but unbilled, liabilities as at the Petition Date may also not be reflected. Furthermore, the Debtors may make additional payments to prepetition claimants following the filing of the Bankruptcy Materials and as such the Debtors reserve their rights to amend the amount of such claims.
5. Consolidated Accounting and Disbursements System. Certain of the Debtors and/or non-Debtors act on behalf of other Debtors and/or non-Debtors. Moreover, because the Debtors accounting systems, policies and practices were developed to produce consolidated reporting, rather than entity-by-entity reporting, it is possible that not all assets or liabilities have been attributed to the correct legal entity on the Schedules and SOFAs. Furthermore, payments made are listed by the entity making such payment notwithstanding that many such payments may have been made on behalf of another entity. The Debtors reserve their rights with respect to the proper accounting and treatment of such payments and liabilities. Whether or not a particular payment or obligation was incurred by the entity actually making the payment or incurring the obligation is a complex question of applicable non-bankruptcy law. Accordingly, the Debtors reserve all rights to reclassify any payment or obligation as belonging to another entity.
6. Contingent Assets. Prior to the relevant Petition Date, each Debtor, as a plaintiff, may have commenced various lawsuits in the ordinary course of its business against third parties seeking monetary damages. Additionally, the Debtors may possess contingent claims in the form of various avoidance actions they could commence under the provisions of Chapter 5 of the Bankruptcy Code and other relevant non-bankruptcy laws to recover assets. Refer to item 4a in each Statement, for lawsuits commenced prior to the Petition Date in which the relevant Debtor was a plaintiff or may have assumed liabilities relating to such lawsuit. The Debtors have not set forth avoidance actions in their SOFAs. The Debtors reserve all of their rights with respect to any claims, causes of action or avoidance actions they may have and nothing contained in these Global Notes or the Schedules and Statements shall be deemed a waiver of any such claims, avoidance actions or causes of action or in any way prejudice or impair the assertion of such claims.
7. Current Values. Unless otherwise indicated, the basis for all current values included in these Bankruptcy Materials was the estimated net book value from the Debtors books and records as of the close of business on July 1, 2013. The estimated net book value as of July 1, 2013 may not reflect the actual current value of the respective asset. Amounts ultimately realized from a potential disposition of the Debtors assets may vary from net book value, and such variance may be material. The Debtors reserve the right to dispute the true and appropriate value of any and all of their assets. In addition, the amounts shown for total liabilities exclude items identified as unknown or 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 3 of 57 - 4 - undetermined, therefore ultimate liabilities may differ materially from those stated in the Bankruptcy Materials. Unless otherwise indicated, the basis for the current liabilities was the estimated net book value as of July 1, 2013, the amount of the ultimate claim may differ due to claims reconciliation, additional invoices received and the payment of prepetition claims and as such the Debtors reserve their rights to amend the amount of such claims.
The asset amounts listed do not include material write-downs that may be necessary. Operating cash is presented as bank balances as of the Petition Date and does not include cash held by non-Debtor entities. Certain other assets such as investments in subsidiaries are listed as undetermined.
8. Dates. Unless otherwise indicated, all asset and liability information is listed as of the Petition Date .
9. Excluded Assets and Liabilities. The Debtors have excluded accrued liabilities including, but not limited to, accrued salaries and employee benefits, and accrued accounts payable. Other immaterial assets and liabilities may also have been excluded.
10. Foreign Currency. Unless otherwise indicated, all amounts are reflected in U.S. dollars at an exchange rate as of July 1, 2013.
11. General Reservation of Rights. The Debtors specifically reserve the right to amend, modify, supply, correct, change or alter any part of their Schedules and SOFAs as and to the extent necessary as they deem appropriate.
12. Insiders. In the circumstance where the Bankruptcy Materials require information regarding insiders and/or officers and directors, the Debtors have attempted to include therein each of the Debtors (a) directors and (b) employees that may be, or may have been during the relevant period, officers, as such term is defined by applicable law. The listing of a party as an insider is not intended to be, nor should it be, construed as a legal characterization of such party as an insider and does not act as an admission of any fact, claim, right, or defense, and all such rights, claims, and defenses are hereby expressly reserved. Employees have been included in this disclosure for informational purposes only and should not be deemed to be insiders in terms of control of the Debtors, management responsibilities or functions, decision-making or corporate authority and/or as otherwise defined by applicable law, including without limitation, federal securities laws, or with respect to any theories of liability or for any other purpose. For confidentiality, the salaries of the officers and directors are not disclosed.
13. Intellectual Property Rights. Exclusion of certain intellectual property shall not be construed to be an admission that such intellectual property rights have been abandoned, have been terminated, or otherwise expired by their terms or have been assigned or otherwise transferred pursuant to a sale, acquisition or other transaction.
14. Intercompany. Prior to the Petition Date, the Debtors routinely engaged in 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 4 of 57 - 5 - intercompany transactions resulting in intercompany account balances. The intercompany accounts balances, if any, that are reflected on the Debtors books and records are set forth in the respective Debtors Schedules. The listing of these amounts is not and shall not be construed as an admission of the characterization of such balance as debt, equity, or otherwise. Furthermore, the listing of these amounts is not necessarily indicative of the ultimate recovery, if any, on any intercompany asset account or the impairment or claim status of any intercompany liability account. The Debtors reserve all rights to later change the characterization, classification, categorization or designation of intercompany accounts reported in the Schedules and Statements.
15. Licenses and Taxes. In the ordinary course of the Debtors businesses, the Debtors acquire certain licenses that may, under certain circumstances, be characterized as taxes. Conversely, in the ordinary course of the Debtors businesses, the Debtors incur certain tax obligations that may, under certain circumstances, be characterized as licenses. The Debtors designation of any claim as a tax or a license is not an admission that such claim is a tax or a license. The Debtors reserve the right to dispute or challenge whether any amount listed as a tax or license is properly characterized as a tax or license.
16. Litigation. Certain litigation reflected as claims against one of the Debtors may relate to other Debtors. The Debtors have made reasonable efforts to accurately record these actions in the Bankruptcy Materials of the Debtors that are the parties to the action.
17. Setoffs. The Debtors routinely incur certain setoffs from customers or suppliers in the ordinary course of business. Setoffs in the ordinary course can result from various items including, but not limited to, intercompany transactions, pricing discrepancies, returns of bunkers and other items, warranties, demurrage and disputes between the Debtors and their customers and/or suppliers. These normal setoffs are consistent with the ordinary course of business in the Debtors industries and can be particularly voluminous, making it unduly burdensome, expensive, and an inefficient use of estate resources for the Debtors to list such ordinary course setoffs. Therefore, although such setoffs and other similar rights may have been accounted for when scheduling certain amounts, these ordinary course setoffs are not independently accounted for, and as such, are excluded from the Debtors Bankruptcy Materials.
18. Specific Notes. These Global Notes are in addition to the specific notes set forth below and in the individual Bankruptcy Materials. Disclosure of information in one Schedule, SOFA, exhibit, or continuation sheet even if incorrectly placed, shall be deemed to be disclosed in the correct Schedule, SOFA, exhibit or continuation sheet.
19. Totals. All totals that are included in the Bankruptcy Materials represent totals of all the known amounts included in the Schedules.
20. Trade Accounts Receivable and Accounts Payable. Accounts receivable are presented without consideration for any liabilities related to mutual counterparty accounts payable, open or terminated contract liabilities, liquidated damages, setoff rights or collateral held by the Debtors, unless otherwise stated. Likewise, accounts payable do 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 5 of 57 - 6 - not include provisions for open or terminated contracts, liquidated damages, setoff rights or collateral that has been posed on behalf of the counterparty.
21. Undetermined Amounts. The description of an amount as unknown or undetermined is not intended to reflect upon the materiality of such amount.
Notes to the Schedules of Assets and Liabilities
Schedule A: Real Property. The Debtors hold no real property.
Schedule B: Personal Property. The Debtors may not have included certain assets with a net book value of zero within Schedule B.
Schedule B.2: Checking, Savings and Other Financial Accounts. Bank account balances included on B.2 are reflective of the opening book balances as at July 1, 2013, which may differ slightly from the bank balances due to common reconciling items. The bank accounts have been listed on Schedule B.2 of the Debtor whose name is actually listed on the bank account. In some instances, the payments made from, and the book balances related to, a particular bank account are reflected on the books of a Debtor other than the one whose actual name is listed on the bank account.
Schedule B.9: Interests in Insurance Policies. A determination as to the surrender or refund value of each of the insurance policies has not been made and therefore the balance is listed as undetermined.
Schedule D: Creditors Holding Secured Claims. The Debtors reserve the right to dispute or challenge the validity, perfection or immunity from avoidance of any lien purported to be granted or perfected in any specific asset to a secured creditor listed on Schedule D of any Debtors. Moreover, although the Debtors may have scheduled claims of various creditors as secured claims, the Debtors reserve all rights to dispute or challenge the secured nature of any such creditors claim or the characterization of the structure of any such transaction or any document or instrument (including, without limitation, any intercompany agreement) related to such creditors claim. In certain instances, a Debtor may be a co-obligor, co-mortgagor or guarantor with respect to scheduled claims of other Debtors, and no claim set forth on Schedule D of any Debtor is intended to acknowledge claims of creditors that are otherwise satisfied or discharged by other entities. The descriptions provided in Schedule D are intended only to be a summary. Reference to the applicable loan agreements and related documents is necessary for a complete description of the collateral and the nature, extent and priority of any liens. Except as specifically stated herein, real property lessors, utility companies and other parties which may hold security deposits have not been listed on Schedule D. Certain of the Debtors agreements listed on Schedule G may be in the nature of conditional sales agreements or secured financing agreements. No attempt has been made to identify such agreements for purposes of Schedule D. Nothing in the Global Notes or the Schedules and Statements shall be deemed a modification or interpretation of the terms of such agreements.
13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 6 of 57 - 7 - Schedule E: Creditors Holding Unsecured Priority Claims. While commercially reasonable efforts have been made, determining the date upon which each claim in Schedule E was incurred or arose would be unduly burdensome and cost prohibitive, and therefore, the Debtors do not list a date for each claim listed on Schedule E.
The Debtors reserve the right to assert that any claim listed on Schedule E does not constitute an unsecured priority claim under 11 U.S.C. 507.
Schedule F: Creditors Holding Unsecured Non-Priority Claims. Schedule F does not include certain deferred charges, deferred liabilities or general reserves. Such amounts are general estimates of liabilities and do not represent specific claims as of the Petition Date; however, they may be reflected on the Debtors books and records as required in accordance with GAAP.
The claims listed in Schedule F arose or were incurred on various dates. In certain instances, the date on which a claim arose is an open issue of fact. While reasonable efforts have been made to determine the date upon which each claim in Schedule F was incurred or arose, making all such determinations would be unduly burdensome and cost prohibitive and, therefore, the Debtors do not list a date for each claim listed on Schedule F.
In addition, certain claims listed on Schedule F may be entitled to priority under 11 U.S.C. 503(b)(9). The Debtors have made their best efforts to include all trade creditors on Schedule F; however, the Debtors believe there are instances where vendors have yet to provide proper invoices for prepetition goods or services.
In certain instances, the Debtor that is the subject of the litigation is unclear or underdetermined. However to the extent that litigation involving a particular Debtor has been identified, such information is contained in the Schedule for the Debtor.
Schedule G: Executory Contracts. While commercially reasonable efforts have been made to ensure the accuracy of Schedule G regarding executory contracts and unexpired leases, inadvertent errors, omissions or over-inclusions may have occurred. The Debtors reserve all of their rights to dispute the validity, status or enforceability of any contracts, agreements or leases set forth in Schedule G and to amend or supplement such Schedule as necessary.
The contracts, agreements and leases listed on Schedule G may have expired or may have been modified, amended and supplemented from time to time by various amendments, restatements, waivers, estoppel certificates, letter and other documents, instruments and agreements which may not be listed therein.
In the ordinary course of business, the Debtors have entered into numerous agreements, both written and oral, regarding the provision of certain services, including bunker fuel, and lubricants. The Debtors generally believe such contracts are not executory contracts and therefore, such agreements are not listed individually on Schedule G. Nevertheless, 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 7 of 57 - 8 - the Debtors reserve the right to assert that any such agreement constitutes an executory contract.
In some cases, the same supplier or provider may have multiple agreements listed in Schedule G. These agreements represent distinct agreements between the applicable Debtor and such supplier or provider, and will be listed as multiple contracts under the same counterparty.
Listing a contract or agreement on this schedule does not constitute an admission that such contract or agreement is an executory contract. Any and all of the Debtors rights, claims, and causes of action with respect to the contracts and agreements listed on this schedule are hereby reserved and preserved. Additionally, certain of the real property leases listed on Schedule G may contain renewal options, guarantees of payments, options to purchase, rights of first refusal, rights to lease additional space and other miscellaneous rights. Certain of the agreements listed on Schedule G may be in the nature of conditional sales agreements or secured financings. The presence of a contract or agreement on Schedule G does not constitute an admission that such contract or agreement is an executory contract or unexpired lease. Generally, executory agreements that are oral in nature have not been included in the Schedule.
Notes to Statement of Financial Affairs
SOFA 1: Income from Operations of Business. Income represents net revenue presented on an accrual basis, unconsolidated for each individual Debtor. January 1, 2013 through July 1, 2013 represents a preliminary estimate of income.
SOFA 3B: Payments to Creditors. Payments made by the Debtors within 90 days prior to the Petition Date have been classified by the Debtors based on the owner of the various accounts from which disbursements were made and without regard to which affiliated legal entity was obligated to make payment. The Debtors have listed all payments or other transfers made within 90 days immediately preceding the Petition Date. The information provided shall not constitute a waiver of any of the Debtors rights or an admission that the recipients of such payments or other transfers were creditors or that amounts paid or otherwise transferred were due and owing. The payments included in this section may generally be categorized as follows: supplier payments; service fees; agent fees; management fees; insurance payments; taxes and regulatory fees; board member fees, wages and expense reimbursements (for parties also shown on SOFA 3C).
SOFA 3C: Payments to Creditors Who Were Insiders. The information provided shall not constitute a waiver of any of the Debtors rights or an admission that the recipients of such payments were creditors or that amounts paid were due and owing. To the extent payments were made to insiders within 90 days immediately preceding the Petition Date, such payments are duplicated on SOFA 3B.
13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 8 of 57 - 9 - Non-debtor Maryville Maritime, Inc. (Maryville), as agent, regularly makes payments on behalf of various Debtors. Accordingly, certain of the payments listed on the SOFAs of the Debtors may have been paid by Maryville as agent.
Payments made to Dean Services, Evangelia Piggou, and Ourania Galanou for real property lease payments and director fees were not made directly by a Debtor in these bankruptcy proceedings but were made by non-Debtor, Maryville, and have been shown here and in SOFA 3B for informational purposes only. The remainder of these Bankruptcy Materials does not include various other payments, financial activity, assets, liabilities or any other information of Maryville.
SOFA 9: Payments Related to Debt Counseling or Bankruptcy. Payments relating to bankruptcy professionals have been made by Excel on behalf of all of the Debtors.
SOFA 18: Nature, location and name of business. The dates listed as beginning and ending dates of the business refer to the formation dates of the entity which may be different than the dates in which the Debtors became owners of the subsidiaries listed therein.
13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 9 of 57 UNITED STATES BANKRUPTCY COURT Excel Maritime Carriers Ltd. In Re: ___________________________________________ , Case No.: ______________________________ Debtor (if known) B 7 (Official Form 7) (04/13) This statement is to be completed by every debtor. Spouses filing a joint petition may file a single statement on which the information for both spouses is combined. If the case is filed under chapter 12 or chapter 13, a married debtor must furnish information for both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed. An individual debtor engaged in business as a sole proprietor, partner, family farmer, or self-employed professional, should provide the information requested on this statement concerning all such activities as well as the individual's personal affairs. To indicate payments, transfers and the like to minor children, 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 J ohn Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. 112 and Fed. R. Bankr. P. 1007(m). 13-23060 (RDD) STATEMENT OF FINANCIAL AFFAIRS DEFINITIONS Questions 1 - 18 are to be completed by all debtors. Debtors that are or have been in business, as defined below, also must complete Questions 19 - 25. If the answer to an applicable question is "None", mark the box labeled "None". If additional space is needed for the answer to any question, use and attach a separate sheet properly identified with the case name, case number (if known), and the number of the question. "In business." A debtor is "in business" for the purpose of this form if the debtor is a corporation or partnership. An individual debtor is "in business" for the purpose of this form if the debtor is or has been, within the six years immediately preceding the filing of this bankruptcy case, any of the following: an officer, director, managing executive, or owner of 5 percent or more of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a sole proprietor or self-employed full-time or part-time. An individual debtor also may be in business for the purpose of this form if the debtor engages in a trade, business, or other activity, other than as an employee, to supplement income from the debtors primary employment. "Insider." The term "insider" includes, but is not limited to: relatives of the debtor; general partners of the debtor and their relatives; corporations of which the debtor is an officer, director, or person in control; officers, directors, and any owner of 5 percent or more of the voting or equity securities of a corporate debtor and their relatives; affiliates of the debtor and insiders of such affiliates; any managing agent of the debtor. 11 U.S.C. 101. None 1. Income from employment or operation of business State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor's business, including part-time activities either as an employee or in independent trade or business, from the beginning of this calendar year to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year. (A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor's fiscal year.) If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT SOURCE Page 1 of 11 FOR THE SOUTHERN DISTRICT OF NEW YORK $13,987,106 YTD Revenue for the period from1/1/2013 - 7/1/2013 $0 Revenue for the year ended 12/31/2012 $849,236,454 Revenue for the year ended 12/31/2011 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 10 of 57 2. Income other than from employment or operation of business State the amount of income received by the debtor other than from employment, trade, profession, or operation of the debtor's business during the two years immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) AMOUNT AND PERIOD 3. Payments to creditors a. Individual or joint debtor(s) with primarily consumer debts: List all payments on loans, installment purchases of goods or services, and other debts to any creditor made within 90 days immediately preceding the commencement of this case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $600. Indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR SOURCE None DATES OF PAYMENTS AMOUNT PAID b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days immediately preceding the commencement of the case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $6,225*. If the debtor is an individual, indicate with an asterisk (*) any payments that were made to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and credit counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments and other transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS AMOUNT STILL OWING None AMOUNT STILL OWING See attachment 3B of the Statement of Financial Affairs Excel Maritime Carriers Ltd. In Re: ___________________________________________ , Case No.: ___________________________________________ Debtor (if known) 13-23060 (RDD) Page 2 of 11 Complete a. or b., as appropriate, and c. * Amount subject to adjustments on 4/01/13, and every three years thereafter with respect to cases commenced on or after the date of adjustment None $16,410 for the period from1/1/2013 - 1/7/2013 Bank interest received $2,402,738 for the year ended 12/31/2012 Sale proceeds fromvessel disposal $1,629,429 for the year ended 12/31/2011 Income fromFFA contracts plus interest received 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 11 of 57 Excel Maritime Carriers Ltd. In Re: ___________________________________________ , Case No.: ___________________________________________ Debtor (if known) 13-23060 (RDD) Page 3 of 11 c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) NAME AND ADDRESS OF CREDITOR AND RELATIONSHIP TO DEBTOR DATES OF PAYMENTS AMOUNT PAID None AMOUNT STILL OWING See attachment 3C of the Statement of Financial Affairs 4. Suits and administrative proceedings, executions, garnishments, and attachments a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the filing of this bankruptcy case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None CAPTION OF SUIT AND CASE NUMBER NATURE OF PROCEEDING COURT OR AGENCY AND LOCATION STATUS OF DISPOSITION b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None NAME AND ADDRESS OF PERSON FOR WHOSE BENEFIT PROPERTY WAS SEIZED DATE OF SEIZURE DESCRIPTION AND VALUE OF PROPERTY See attachment 4A of the Statement of Financial Affairs See attachment 4B of the Statement of Financial Affairs 5. Repossessions, foreclosures, and returns List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned to the seller, within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None NAME AND ADDRESS OF CREDITOR OR SELLER DATE OF REPOSSESSION, FORECLOSURE SALE, TRANSFER OR RETURN DESCRIPTION AND VALUE OF PROPERTY See attachment 5 of the Statement of Financial Affairs 6. Assignments and receiverships a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None NAME AND ADDRESS OF ASSIGNEE DATE OF ASSIGNMENT TERMS OF ASSIGNMENT OR SETTLEMENT 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 12 of 57 Excel Maritime Carriers Ltd. In Re: ___________________________________________ , Case No.: ___________________________________________ Debtor (if known) 13-23060 (RDD) Page 4 of 11 b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None NAME AND ADDRESS OF CUSTODIAN DATE OF ORDER DESCRIPTION AND VALUE OF PROPERTY NAME AND LOCATION OF COURT CASE TITLE NUMBER 7. Gifts List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual gifts to family members aggregating less than $200 in value per individual family member and charitable contributions aggregating less than $100 per recipient. (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None NAME AND ADDRESS OF PERSON OR ORGANIZATION DATE OF GIFT DESCRIPTION OF GIFT RELATIONSHIP TO DEBTOR, IF ANY 8. Losses List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or since the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None DESCRIPTION AND VALUE OF PROPERTY DATE OF LOSS DESCRIPTION OF CIRCUMSTANCES AND, IF LOSS WAS COVERED IN WHOLE OR IN PART BY INSURANCE, GIVE PARTICULARS VALUE OF GIFT 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 13 of 57 Excel Maritime Carriers Ltd. In Re: ___________________________________________ , Case No.: ___________________________________________ Debtor (if known) 13-23060 (RDD) Page 5 of 11 9. Payments related to debt counseling or bankruptcy List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt consolidation, relief under the bankruptcy law or preparation of a petition in bankruptcy within one year immediately preceding the commencement of this case. None NAME AND ADDRESS OF PAYEE AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY DATE OF PAYMENT, NAME OF PAYER IF OTHER THAN DEBTOR 10. Other transfers a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as security within two years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None NAME AND ADDRESS OF TRANSFEREE, RELATIONSHIP TO DEBTOR DESCRIBE PROPERTY TRANSFERRED DATE VALUE RECEIVED See attachment 9 of the Statement of Financial Affairs b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self- settled trust or similar device of which the debtor is a beneficiary. None NAME OF TRUST OR OTHER DEVICE AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY OR DEBTOR'S INTEREST IN PROPERTY DATE(S) OF TRANSFER(S) 11. Closed financial accounts List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or otherwise transferred within one year immediately preceding the commencement of this case. Include checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds, cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None NAME AND ADDRESS OF INSTITUTION AMOUNT AND DATE OF SALE OR CLOSING TYPE OF ACCOUNT, LAST FOUR DIGITS OF ACCOUNT NUMBER, AND AMOUNT OF FINAL BALANCE See attachment 11 of the Statement of Financial Affairs See attachment 10A of the Statement of Financial Affairs 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 14 of 57 Excel Maritime Carriers Ltd. In Re: ___________________________________________ , Case No.: ___________________________________________ Debtor (if known) 13-23060 (RDD) Page 6 of 11 12. Safe deposit boxes List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None NAME AND ADDRESS OF BANK OR OTHER DEPOSITORY DATE OF TRANSFER OR SURRENDER, IF ANY NAMES AND ADDRESSES OF THOSE WITH ACCESS TO BOX OR DEPOSITORY DESCRIPTION OF CONTENTS 13. Setoffs List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.) None NAME AND ADDRESS OF CREDITOR AMOUNT OF SETOFF DATE OF SETOFF 14. Property held for another person List all property owned by another person that the debtor holds or controls. None NAME AND ADDRESS OF OWNER LOCATION OF PROPERTY DESCRIPTION AND VALUE OF PROPERTY 16. Spouses and Former Spouses None NAME If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the commencement of the case, identify the name of the debtors spouse and of any former spouse who resides or resided with the debtor in the community property state. 15. Prior address of debtor If the debtor has moved within three years immediately preceding the commencement of this case, list all premises which the debtor occupied during that period and vacated prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse. None ADDRESS DATES OF OCCUPANCY See attachment 13 of the Statement of Financial Affairs 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 15 of 57 Excel Maritime Carriers Ltd. In Re: ___________________________________________ , Case No.: ___________________________________________ Debtor (if known) 13-23060 (RDD) Page 7 of 11 17. Environmental Information. For the purpose of this question, the following definitions apply: Environmental Law means any federal, state, or local statute or regulation regulating pollution, contamination, releases of hazardous or toxic substances, wastes or material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to, statutes or regulating the cleanup of these substances, wastes, or material. Site means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or operated by the debtor, including, but not limited to, disposal sites. Hazardous Material means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or contaminant or similar term under an Environmental Law. a. List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or potentially liable under or in violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law: None SITE NAME AND ADDRESS ENVIRONMENTAL LAW NAME AND ADDRESS OF GOVERNMENTAL UNIT DATE OF NOTICE c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which the debtor is or was a party. Indicate the name and address of the governmental unit that is or was a party to the proceeding, and the docket number. None NAME AND ADDRESS OF GOVERNMENTAL UNIT DOCKET NUMBER STATUS OR DISPOSITION SITE NAME AND ADDRESS ENVIRONMENTAL LAW NAME AND ADDRESS OF GOVERNMENTAL UNIT DATE OF NOTICE b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous Material. Indicate the governmental unit to which the notice was sent and the date of the notice. None 18. Nature, location and name of business None NAME BEGINNING AND ENDING DATES LAST FOUR DIGITS OF SOCIAL-SECURITY OR OTHER INDIVIDUAL TAXPAYER-I.D. NO. (ITIN)/ COMPLETE EIN ADDRESS NATURE OF BUSINESS a. If the debtor is an individual, list the names, addresses, taxpayer-identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within six years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities with six years immediately preceding the commencement of this case. If the debtor is a partnership, list the names, addresses, taxpayer-identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within six years immediately preceding the commencement of this case. If the debtor is a corporation, list the names, addresses, taxpayer-identification numbers, nature of the businesses, and beginning and ending dates of all businesses in which the debtor was a partner or owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case. See attachment 18A of the Statement of Financial Affairs 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 16 of 57 Excel Maritime Carriers Ltd. In Re: ___________________________________________ , Case No.: ___________________________________________ Debtor (if known) 13-23060 (RDD) Page 8 of 11 The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has been, within the six years immediately preceding the commencement of this case, any of the following: an officer, director, managing executive, or owner of more than 5 percent of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership, a sole proprietor, or self-employed in a trade, profession, or other activity, either full- or part-time. b. Identify any business listed in response to subdivision a., above, that is single asset real estate as defined in 11 U.S.C. 101. None NAME ADDRESS (An individual or joint debtor should complete this portion of the statement only if the debtor is or has been in business, as defined above, within the six years immediately preceding the commencement of this case. A debtor who has not been in business within those six years should go directly to the signature page.) 19. Books, records and financial statements None NAME AND ADDRESS a. List all bookkeepers and accountants who within two years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of books of accounts and records of the debtor. DATES SERVICES RENDERED None d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued by the debtor within two years immediately preceding the commencement of this case. NAME AND ADDRESS DATE ISSUED None b. List all firms or individuals who within two years immediately preceding the filing of this bankruptcy case have audited the books of account and records, or prepared a financial statement of the debtor. NAME DATES SERVICES RENDERED ADDRESS None c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records of the debtor. If any of the books of account and records are not available, explain. NAME ADDRESS See attachment 19A of the Statement of Financial Affairs See attachment 19B of the Statement of Financial Affairs See attachment 19C of the Statement of Financial Affairs 20. Inventories None a. List the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory, and the dollar amount and basis of each inventory. DATE OF INVENTORY DOLLAR AMOUNT OF INVENTORY (Specify cost, market or other basis) INVENTORY SUPERVISOR 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 17 of 57 Excel Maritime Carriers Ltd. In Re: ___________________________________________ , Case No.: ___________________________________________ Debtor (if known) 13-23060 (RDD) Page 9 of 11 None b. List the name and address of the person having possession of the records of each of the inventories reported in a., above. DATE OF INVENTORY NAME AND ADDRESS OF CUSTODIAN OF INVENTORY RECORDS 21. Current Partners, Officers, Directors and Shareholders None a. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership. NAME AND ADDRESS PERCENTAGE OF INTEREST NATURE OF INTEREST None b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds 5 percent or more of the voting or equity securities of the corporation. NAME AND ADDRESS NATURE AND PERCENTAGE OF STOCK OWNERSHIP TITLE See attachment 21B of the Statement of Financial Affairs 22. Former partners, officers, directors and shareholders None a. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately preceding the commencement of this case. NAME DATE OF WITHDRAWAL ADDRESS None b. If the debtor is a corporation, list all officers or directors whose relationship with the corporation terminated within one year immediately preceding the commencement of this case. NAME AND ADDRESS DATE OF TERMINATION TITLE 23. Withdrawals from a partnership or distributions by a corporation None If the debtor is a partnership or corporation, list all withdrawals or distributions credited or given to an insider, including compensation in any form, bonuses, loans, stock redemptions, options exercised and any other perquisite during one year immediately preceding the commencement of this case. NAME ADDRESS OF RECIPIENT, RELATIONSHIP TO DEBTOR AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY DATE AND PURPOSE OF WITHDRAWAL 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 18 of 57 Excel Maritime Carriers Ltd. In Re: ___________________________________________ , Case No.: ___________________________________________ Debtor (if known) 13-23060 (RDD) Page 10 of 11 25. Pension Funds. None If the debtor is not an individual, list the name and federal taxpayer-identification number of any pension fund to which the debtor, as an employer, has been responsible for contributing at any time within six years immediately preceding the commencement of the case. NAME OF PENSION FUND TAXPAYER-IDENTIFICATION NUMBER (EIN) ****** 24. Tax Consolidation Group. None If the debtor is a corporation, list the name and federal taxpayer-identification number of the parent corporation of any consolidated group for tax purposes of which the debtor has been a member at any time within six years immediately preceding the commencement of the case. NAME OF PARENT CORPORATION TAXPAYER-IDENTIFICATION NUMBER (EIN) 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 19 of 57 B 7 (Official Form 7) (04/10) Page 11 of 11 [If completed by an individual or individual and spouse] I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any attachments thereto and that they are true and correct. Date _____ _______ _ Signature ___ ____________ ____ _ of Debtor ____________ _ Signature _ _ _________________ _ of Joint Debtor (if any) [If completed on behalf of a partnership or corporation] I declare under penalty of perjury that I have read the answers contained in the foregoing state thereto and that they are true and correct to the best of my knowledge, information and belief. d any attachments Date _____ 8_1_ 14_/2_0_1_3 ___ _ Signature ___ Print and Tit [An individual signing on behalf of a partnership or corporation must indicate position or relationship to debtor.) 3.1.. continuation sheets attached Penalty for making afalse statement: Fine ofup to $500,000 or imprisonmentfor up to 5 years, or both. 18 Us.c. Sections 152 and 3571. DECLARATION AND SIGNATURE OF NON-ATTORNEY BANKRUPTCY PETITION PREP ARER (See 11 U.S.c. 110) I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. 110; (2) I prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. 110(b), 110(h), and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to II U.S.C. 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I 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 by that section. Printed or Typed Name and Title, ifany, of Bankruptcy Petition Preparer Social-Security No. (Required by 11 U.S.C. 110.) If the bankruptcy petition pre parer is not an individual, state the name, title (if any), address, and social-security number of the officer, principal, responsible person, or partner who signs this document. Address Signature of Bankruptcy Petition Preparer Date Names and Social-Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition pre parer is not an individual: Ifmore than one person prepared this document, attach additional signed sheets conforming to the appropriate Official Form for each person A bankruptcy petition preparer's failure to comply with the provisions oftille 11 and the Federal Rules of Bankruptcy Procedure may result ;n fines or imprisonment or both. 18 U.S. C. 156. 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 20 of 57 Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3B PAYMENTS TO CREDITORS 13-23060 (RDD) NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS (Continuation Sheet) DESCRIPTION Akin Gump Strauss One Bryant Park New York, NY 10036 USA 4/30/2013 $200,000 6/21/2013 $127,637 $327,637 Akin Gump Strauss Allied Shipbroking Inc 48 Aigialeias 4th Floor Maroussi Athens, 15125 Greece 4/30/2013 $17,550 $17,550 Allied Shipbroking Inc Allrisk Insurance Brokers 18, Ploutarchou Str Athens, 10676 Greece 6/7/2013 $378,748 $378,748 Allrisk Insurance Brokers Amberose Holdings Inc 2 Alkiviadou Str. Chalandri 5/8/2013 $18,766 Athens, 15231 Greece $18,766 Amberose Holdings Inc Apostolos Kontoyannis 10, Skouze Street Piraeus, 185 36 Greece 6/24/2013 $3,650 6/27/2013 $1,277 6/30/2013 $18,750 $23,677 Apostolos Kontoyannis Bracewell & Giuliani LLP P.O. Box 848566 Dallas, TX 75284 USA 5/23/2013 $200,000 6/28/2013 $250,000 $450,000 Bracewell & Giuliani LLP $1,216,377 Sheet no. 1 of 9 continuation sheets Subtotal > 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 21 of 57 4/3/2013 - 7/1/2013 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3B PAYMENTS TO CREDITORS (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) DESCRIPTION Capital Link, Inc (Bornozis) 230 Park Avenue Suite 1536 4/23/2013 $1,958 New York, NY 10169 USA 6/10/2013 $29,805 $31,763 Capital Link, Inc (Bornozis) Caramanos-National Insurance Brokers 65, Akti Miaouli Str Piraeus, 18536 Greece 5/22/2013 $27,681 $27,681 Caramanos-National Insurance Brokers Carreira Pitti P.C. Abogados 55th Streetel Cangrejo 225 Carpit Bldg P.O. Box 0819-00068 4/3/2013 $10,000 Panama City, Panama $10,000 Carreira Pitti P.C. Abogados Chimbusco Europe B.V.(Sino Union Bv) Weena 280 P.O. Box 29032 Weena 200 Buliding 8Th Floor 4/29/2013 $288,960 Rotterdam, 3012NJ Netherlands 6/21/2013 $123,840 $412,800 Chimbusco Europe B.V.(Sino Union Bv) Consolidated Services Limited/Trevor Wil Parlaville Place 14 Par-La-Ville Road 4/25/2013 $3,333 Hamilton, HMJX Bermuda 5/28/2013 $3,333 6/10/2013 $3,333 $10,000 Consolidated Services Limited/Trevor Wil Credit Suisse AG St.Alban-Graben 1-8 Basel, CH 4002 Switzerland 5/28/2013 $149,297 5/31/2013 $120,240 6/28/2013 $220,392 $489,929 Credit Suisse AG $982,173 Sheet no. 2 of 9 continuation sheets Subtotal > 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 22 of 57 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3B PAYMENTS TO CREDITORS (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) DESCRIPTION Dean Services Limited 1, Kostaki Pantelidi Av. Kolokasides Building 3rd Floor 4/3/2013 $62,386 Nicosia, P.C.1010 Cyprus Paid by Maryville Maritime Inc. 5/2/2013 $62,386 Paid by Maryville Maritime Inc. 6/2/2013 $124,771 Paid by Maryville Maritime Inc. $249,542 Dean Services Limited Del Rosario And Del Rosario Law Office P.O Box 2106 MCPO 1261 Makati City, MCPO1261 Philippines 6/10/2013 $10,795 $10,795 Del Rosario And Del Rosario Law Office Deloitte & Touche Sa 150 Midsummer Boulevard Milton Keynes Buckinghamshire 4/17/2013 $41,950 London, MK91FD UK $41,950 Deloitte & Touche Sa Deutsche Bank - Steering Committee 1 Great Winchester Street London, EC2N 2DB UK 4/4/2013 $783,273 4/22/2013 $597,648 5/30/2013 $1,010,690 7/1/2013 $851,013 $3,242,624 Deutsche Bank - Steering Committee Donlin Recano & Company, Inc. 419 Park Ave. South New York, NY 10016 USA 5/31/2013 $20,000 6/28/2013 $96,118 $116,118 Donlin Recano & Company, Inc. $3,661,030 Sheet no. 3 of 9 continuation sheets Subtotal > 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 23 of 57 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3B PAYMENTS TO CREDITORS (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) DESCRIPTION Dvb Bank Ag Parklaan 2 P.O. Box 307 5/21/2013 $250 Rotterdam, 3016BB Netherlands 6/3/2013 $8,489 $8,739 Dvb Bank Ag Ernst & Young 11 Klm Athinon-Lamias Avenue Metamorfosis, 14451 Greece 4/19/2013 $104,415 $104,415 Ernst & Young Evangelia Pigkou 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia 6/30/2013 $21,917 Athens, 145 64 Greece Paid by Maryville Maritime Inc. $21,917 Evangelia Pigkou Evangelos Macris 143-145 Notara Street Piraeus, 185 36 Greece 6/30/2013 $18,750 $18,750 Evangelos Macris Frithjof Platou LG, 27 Gloucester Place London, W1U 8HU UK 6/30/2013 $18,750 $18,750 Frithjof Platou Gabriel Panayotides 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia 5/29/2013 $1,423 Athens, 145 64 Greece 6/15/2013 $5,336 6/17/2013 $2,918 6/30/2013 $682,873 $692,550 Gabriel Panayotides $865,121 Sheet no. 4 of 9 continuation sheets Subtotal > 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 24 of 57 4/3/2013 - 7/1/2013 4/3/2013 - 7/1/2013 4/3/2013 - 7/1/2013 4/3/2013 - 7/1/2013 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3B PAYMENTS TO CREDITORS (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) DESCRIPTION Gelasakis Monoprosopi Epe -My Travelnet Souda Square Chania, Greece 6/26/2013 $21,987 $21,987 Gelasakis Monoprosopi Epe -My Travelnet George Perivolaris 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia 7/1/2013 $10,406 Athens, 145 64 Greece Paid by Maryville Maritime Inc. $10,406 George Perivolaris Germanischer Lloyd Ag P.O. Box 11 16 06 Hamburg, 20416 Germany 5/17/2013 $36,022 $36,022 Germanischer Lloyd Ag Ghs / Global Hunter Securities Llc 400 Poydras Street Suite 3100 4/30/2013 $110,000 New Orleans, LA 70130 USA 6/21/2013 $110,000 6/28/2013 $27,567 $247,567 Ghs / Global Hunter Securities Llc Global Maritime Partners Inc 89 Nexus Way Camana Bay Grand Cayman, Kyi9007 Cayman Islands 4/16/2013 $260,000 5/9/2013 $80,000 6/4/2013 $80,000 6/5/2013 $63,500 7/1/2013 $80,000 $563,500 Global Maritime Partners Inc Gmsl / Gettry Marcus Stern & Lehrer Cpa 20 Crossways Park North Woodbury, NY 11797 USA 6/10/2013 $18,000 $18,000 Gmsl / Gettry Marcus Stern & Lehrer Cpa $897,482 Sheet no. 5 of 9 continuation sheets Subtotal > 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 25 of 57 4/3/2013 - 7/1/2013 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3B PAYMENTS TO CREDITORS (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) DESCRIPTION Holman Fenwick & William Friary Court 65 Crutched Friars 4/16/2013 $31,225 London, EC3N2AE UK 5/9/2013 $39,636 $70,861 Holman Fenwick & William Irwin Holdings Co 80 Broad Street Monrovia, Liberia 6/5/2013 $150,432 $150,432 Irwin Holdings Co Ismini Panayotides 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia 4/22/2013 $2,264 Athens, 145 64 Greece 5/12/2013 $4,934 6/17/2013 $4,240 $11,438 Ismini Panayotides Joele Frank/Wilkinson/Brimmer/Katcher 622 Third Avenue New York, NY 10017 USA 5/31/2013 $30,000 $30,000 Joele Frank/Wilkinson/Brimmer/Katcher Marsoft 155 Federal Street Suite 1000 5/16/2013 $37,500 Boston, MA 02110 USA 6/10/2013 $37,500 $75,000 Marsoft $337,731 Sheet no. 6 of 9 continuation sheets Subtotal > 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 26 of 57 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3B PAYMENTS TO CREDITORS (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) DESCRIPTION Miller Buckfire 601 Lexington Avenue 22nd Floor 4/4/2013 $125,000 New York, NY 10022 USA 5/10/2013 $125,000 6/10/2013 $120,802 6/28/2013 $125,000 $495,802 Miller Buckfire Nomura Bank 1 St Martin's-Le-Grand London, EC1A 4NP UK 6/7/2013 $1,311,745 $1,311,745 Nomura Bank Nordea 8th Floor, City Place House 55 Basinghall Street 4/16/2013 $100,000 London, EC2V 5NB UK 7/1/2013 $6,286,081 $6,386,081 Nordea Ourania Galanou 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia 6/30/2013 $22,341 Athens, 145 64 Greece Paid by Maryville Maritime Inc. $22,341 Ourania Galanou Pavlos Kanellopoulos 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia 6/24/2013 $5,035 Athens, 145 64 Greece 6/30/2013 $62,428 7/1/2013 $5,710 $73,172 Pavlos Kanellopoulos Protection Vessels Intern/L Ltd P.O. Box 444 Hatfield Bedfordshire, AL101EN UK 4/24/2013 $57,777 $57,777 Protection Vessels Intern/L Ltd $8,346,919 Sheet no. 7 of 9 continuation sheets Subtotal > 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 27 of 57 4/3/2013 - 7/1/2013 4/3/2013 - 7/1/2013 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3B PAYMENTS TO CREDITORS (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) DESCRIPTION Seaborn Capital Advisors Ltd 17 Spefsippou Street Athens, 10675 Greece 5/10/2013 $15,000 6/26/2013 $10,000 $25,000 Seaborn Capital Advisors Ltd Seward & Kissel One Battery Park Plaza New York, NY 10004 USA 4/30/2013 $53,857 6/26/2013 $14,860 $68,716 Seward & Kissel Skadden,Arps,Slate,Meagher,Flom Llp 40 Bank Street Canary Wharf 5/10/2013 $500,000 London, E14 5DS UK 6/11/2013 $2,500,000 6/26/2013 $54,585 $3,054,585 Skadden,Arps,Slate,Meagher,Flom Llp Stephenson Harwood 10 Ant. Ampatielou Piraeus, 18536 Greece 7/1/2013 $12,102 $12,102 Stephenson Harwood Timagenis Law Office 57 Notara Piraeus, 18535 Greece 6/14/2013 $419,328 6/27/2013 $273,965 $693,293 Timagenis Law Office Trevor Williams 3rd Fl., Par La Ville Place 14 Par La Ville Road P.O Box 2257 6/30/2013 $10,000 Hamilton, HM HX Bermuda $10,000 Trevor Williams $3,863,697 Sheet no. 8 of 9 continuation sheets Subtotal > 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 28 of 57 4/3/2013 - 7/1/2013 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3B PAYMENTS TO CREDITORS (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) DESCRIPTION Unity Marine-Evmar Marine Services Akti Miaouli & 2 Ii Merarchias Str Ionion Building 5/21/2013 $30,000 Piraeus, 18535 Greece $30,000 Unity Marine-Evmar Marine Services White & Case Llp 1155 Avenue of the Americas New York, NY 10036 USA 6/13/2013 $296,678 $296,678 White & Case Llp Wilmington Trust (London) Limited 1 KingS Arms Yard 3rd Floor 6/28/2013 $120,000 London, EC2R 7AF UK $120,000 Wilmington Trust (London) Limited $20,617,209 TOTAL Sheet no. 9 of 9 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 29 of 57 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS DESCRIPTION STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3C PAYMENTS TO CREDITORS WHO WERE INSIDERS Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) (Continuation Sheet) Apostolos Kontoyannis 10, Skouze Street Piraeus, 185 36 Greece 11/5/2012 $3,116 Expense Reimbursement 12/10/2012 $1,479 Expense Reimbursement 2/13/2013 $3,066 Expense Reimbursement 2/15/2013 $1,804 Expense Reimbursement 2/23/2013 $834 Expense Reimbursement 6/24/2013 $3,650 Expense Reimbursement 6/27/2013 $1,277 Expense Reimbursement 6/30/2013 $75,000 Board Member Fees $90,226 Apostolos Kontoyannis Dean Services Limited 1, Kostaki Pantelidi Av. Kolokasides Building 3rd Floor 8/2/2012 $60,923 Nicosia, P.C.1010 Cyprus Rental Fees - Paid by Maryville Maritime Inc. 10/2/2012 $121,847 Rental Fees - Paid by Maryville Maritime Inc. 11/2/2012 $62,386 Rental Fees - Paid by Maryville Maritime Inc. 12/2/2012 $62,386 Rental Fees - Paid by Maryville Maritime Inc. 1/2/2013 $62,386 Rental Fees - Paid by Maryville Maritime Inc. 2/2/2013 $186,426 Rental Fees - Paid by Maryville Maritime Inc. 4/3/2013 $62,386 Rental Fees - Paid by Maryville Maritime Inc. 5/2/2013 $62,386 Rental Fees - Paid by Maryville Maritime Inc. 6/2/2013 $124,771 Rental Fees - Paid by Maryville Maritime Inc. $805,895 Dean Services Limited Evangelia Pigkou 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia, Athens 145 64 Greece 6/30/2013 $78,461 Wages - Paid by Maryville Maritime Inc. $78,461 Evangelia Pigkou Sheet no. 1 of 4 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 30 of 57 6/30/2012 - 7/1/2013 6/30/2012 - 7/1/2013 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS DESCRIPTION STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3C PAYMENTS TO CREDITORS WHO WERE INSIDERS Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) (Continuation Sheet) Evangelos Macris 143-145 Notara Street Piraeus, 185 36 Greece 6/30/2013 $75,000 Board Member Fees $75,000 Evangelos Macris Frithjof Platou LG, 27 Gloucester Place London, W1U 8HU UK 10/3/2012 $102 Expense Reimbursement 6/30/2013 $75,000 Board Member Fees $75,102 Frithjof Platou Gabriel Panayotides 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia, Athens 145 64 Greece 10/8/2012 $1,709 Expense Reimbursement 12/3/2012 $18,154 Expense Reimbursement 12/6/2012 $1,290 Expense Reimbursement 12/10/2012 $1,479 Expense Reimbursement 12/17/2012 $1,286 Expense Reimbursement 2/15/2013 $2,761 Expense Reimbursement 5/29/2013 $1,423 Expense Reimbursement 6/15/2013 $5,336 Expense Reimbursement 6/17/2013 $2,918 Expense Reimbursement 6/30/2013 $3,365,746 Wages $3,402,101 Gabriel Panayotides George Perivolaris 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia 6/30/2013 $10,406 Athens, 145 64 Greece Wages - Paid by Maryville Maritime Inc. $10,406 George Perivolaris Hans Mende Level 20, AMP Place 10, Eagle str. GPO Box 732 6/30/2013 $6,667 Brisbane, Queensland 4002 Australia Board Member Fees $6,667 Hans Mende Sheet no. 2 of 4 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 31 of 57 6/30/2012 - 7/1/2013 6/30/2012 - 7/1/2013 6/30/2012 - 7/1/2013 6/30/2012 - 7/1/2013 6/30/2012 - 7/1/2013 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS DESCRIPTION STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3C PAYMENTS TO CREDITORS WHO WERE INSIDERS Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) (Continuation Sheet) Ismini Panayotides 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia, Athens 145 64 Greece 7/3/2012 $1,664 Expense Reimbursement 10/11/2012 $1,663 Expense Reimbursement 10/24/2012 $1,207 Expense Reimbursement 2/2/2013 $964 Expense Reimbursement 2/28/2013 $2,339 Expense Reimbursement 3/20/2013 $7,432 Expense Reimbursement 4/22/2013 $2,264 Expense Reimbursement 5/12/2013 $4,934 Expense Reimbursement 6/17/2013 $4,240 Expense Reimbursement 6/30/2013 $78,043 Wages $104,751 Ismini Panayotides Ourania Galanou 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia, Athens 145 64 Greece 6/30/2013 $79,982 Wages - Paid by Maryville Maritime Inc. $79,982 Ourania Galanou Pavlos Kanellopoulos 17km National Road Athens-Lamia & Foinikos str. Nea Kifisia, Athens 145 64 Greece 8/28/2012 $2,898 Expense Reimbursement 9/3/2012 $4,318 Expense Reimbursement 9/11/2012 $4,365 Expense Reimbursement 10/11/2012 $1,943 Expense Reimbursement 10/24/2012 $1,284 Expense Reimbursement 12/3/2012 $4,399 Expense Reimbursement 2/13/2013 $4,556 Expense Reimbursement 2/21/2013 $2,273 Expense Reimbursement 6/24/2013 $5,035 Expense Reimbursement 6/30/2013 $239,648 Wages 7/1/2013 $5,710 Expense Reimbursement $276,429 Pavlos Kanellopoulos Sheet no. 3 of 4 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 32 of 57 6/30/2012 - 7/1/2013 6/30/2012 - 7/1/2013 6/30/2012 - 7/1/2013 NAME AND ADDRESS OF CREDITOR DATES OF PAYMENTS/ TRANSFERS AMOUNT PAID OR VALUE OF TRANSFERS DESCRIPTION STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 3C PAYMENTS TO CREDITORS WHO WERE INSIDERS Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) (Continuation Sheet) Trevor Williams 3rd Fl., Par La Ville Place 14 Par La Ville Road P.O Box 2257 6/1/2012 $422 Hamilton, HM HX Bermuda Expense Reimbursement 6/30/2013 $40,000 Board Member Fees $40,422 Trevor Williams Sheet no. 4 of 4 continuation sheets Total: $5,045,441 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 33 of 57 6/30/2012 - 7/1/2013 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 4A ALL LITIGATIONS: 1 YEAR NATURE OF PROCEEDING STATUS OR DISPOSITION COURT OR AGENCY AND LOCATION CAPTION OF SUIT AND CASE NUMBER (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Case Number: 555919019 Piraeus Court of First Instance Dimos Iliopoulos vs. Excel Maritime Carriers Ltd., Maryville Maritime Inc. and Gabriel Panayotides Employee Claim Open EXP. No. 09999-2008-25 Callao, Peru San Fernando S.A. vs. Castalia Services Ltd. / Excel Maritime Carriers Ltd. Cargo Claim Open Sheet no. 1 of 1 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 34 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 4B GARNISHED PROPERTY: 1 YEAR DATE OF SEIZURE DESCRIPTION AND VALUE OF PROPERTY NAME AND ADDRESS OF PERSON FOR WHOSE BENEFIT PROPERTY WAS SEIZED (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Rotterdam, 3012NJ Netherlands Weena 280, Weena 200 Building 8th Floor Rule B Attachment , approximate value $604,000 Chimbusco Europe B.V. vs. Excel Maritime Carrie 3/27/2013 Rotterdam, 3012NJ Netherlands Sheet no. 1 of 1 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 35 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 5 REPOSSESSIONS, FORECLOSURES AND RETURNS: 1 YEAR DESCRIPTION AND VALUE OF PROPERTY (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) DATE OF REPOSSESSION, FORECLOSURE SALE, TRANSFER OR RETURN NAME AND ADDRESS OF CREDITOR OR SELLER Coolsingel 93 Transfer of 100% of the membership interests of Excel Maritime Carriers Ltd. in Hope Shipco LLC to Hope Shipco Holding B.V. as the nominee of ABN Amro Bank N.V. Upon this transfer, the Debtors received a release from liabilities totaling approximately $60.8 million. The Debtors received an independent estimate of the value of the vessel at the date of this transfer which shows an approximate value $40,400,000 ABN Amro Bank, N.V. 5/31/2013 Rotterdam, 3012AE Netherlands Sheet no. 1 of 1 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 36 of 57 PAID BY NAME AND ADDRESS OF PAYEE STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 9 PAYMENTS RELATED TO DEBT COUNSELING OR BANKRUPTCY DATE OF PAYMENT AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Akin Gump Strauss One Bryant Park New York, NY 10036 USA Excel Maritime Carriers Ltd. 4/30/2013 $200,000 6/21/2013 $127,637 $327,637 Akin Gump Strauss Bracewell & Giuliani LLP P.O. Box 848566 Dallas, TX 75284 USA Excel Maritime Carriers Ltd. 7/31/2012 $150,000 9/12/2012 $180,000 9/21/2012 $200,000 9/28/2012 $80,000 11/20/2012 $75,000 3/14/2013 $75,000 5/23/2013 $200,000 6/28/2013 $250,000 $1,210,000 Bracewell & Giuliani LLP Credit Suisse AG St.Alban-Graben 1-3 Basel, CH 4002 Switzerland Excel Maritime Carriers Ltd. 12/17/2012 $240,000 2/19/2013 $248,057 3/7/2013 $48,150 3/15/2013 $111,315 3/27/2013 $87,800 5/28/2013 $149,297 5/31/2013 $120,240 6/28/2013 $145,570 6/28/2013 $74,822 $1,225,251 Credit Suisse AG Sheet no. 1 of 5 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 37 of 57 PAID BY NAME AND ADDRESS OF PAYEE AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 9 PAYMENTS RELATED TO DEBT COUNSELING OR BANKRUPTCY DATE OF PAYMENT (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Deutsche Bank - Steering Committee 1 Great Winchester Street London, EC2N 2DB UK Excel Maritime Carriers Ltd. 11/23/2012 $1,686,000 12/18/2012 $1,571,000 2/4/2013 $898,883 2/21/2013 $361,841 4/4/2013 $783,273 4/22/2013 $597,648 5/30/2013 $1,010,690 7/1/2013 $851,013 $7,760,348 Deutsche Bank - Steering Committee Donlin Recano & Company, Inc. 419 Park Ave. South New York, NY 10016 USA Excel Maritime Carriers Ltd. 5/31/2013 $20,000 6/28/2013 $96,118 $116,118 Donlin Recano & Company, Inc. Global Hunter Securities LLC 400 Poydras Street Suite 3100 Excel Maritime Carriers Ltd. 4/30/2013 $110,000 New Orleans, LA 70130 USA 6/21/2013 $110,000 6/28/2013 $27,567 $247,567 Global Hunter Securities LLC Sheet no. 2 of 5 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 38 of 57 PAID BY NAME AND ADDRESS OF PAYEE AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 9 PAYMENTS RELATED TO DEBT COUNSELING OR BANKRUPTCY DATE OF PAYMENT (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Global Maritime Partners Inc 89 Nexus Way Camana Bay Excel Maritime Carriers Ltd. 10/19/2012 $30,000 Grand Cayman, KYI9007 Cayman Islands 6/5/2013 $63,500 7/1/2013 $80,000 11/6/2012 $30,000 12/3/2012 $30,000 12/28/2012 $30,000 1/31/2013 $30,000 2/28/2013 $30,000 4/16/2013 $260,000 5/9/2013 $80,000 6/4/2013 $80,000 $743,500 Global Maritime Partners Inc Joele Frank, Wilkinson Brimmer 622 Third Avenue 36th Floor Excel Maritime Carriers Ltd. 5/31/2013 $30,000 New York, NY 10017 USA $30,000 Joele Frank, Wilkinson Brimmer Sheet no. 3 of 5 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 39 of 57 PAID BY NAME AND ADDRESS OF PAYEE AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 9 PAYMENTS RELATED TO DEBT COUNSELING OR BANKRUPTCY DATE OF PAYMENT (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Miller Buckfire 601 Lexington Avenue 22nd Floor Excel Maritime Carriers Ltd. 9/11/2012 $200,000 New York, NY 10022 USA 4/4/2013 $125,000 5/10/2013 $125,000 6/10/2013 $120,802 6/28/2013 $125,000 9/24/2012 $125,000 9/28/2012 $80,000 10/22/2012 $125,000 11/28/2012 $125,000 1/7/2013 $125,000 1/25/2013 $125,000 3/6/2013 $125,000 4/2/2013 $78,017 $1,603,819 Miller Buckfire Skadden,Arps,Slate,Meagher,Flom LLP 40 Bank Street Canary Wharf Excel Maritime Carriers Ltd. 9/28/2012 $250,000 London, E14 5DS UK 11/28/2012 $300,000 12/17/2012 $400,000 4/2/2013 $400,000 5/10/2013 $500,000 6/11/2013 $2,500,000 $4,350,000 Skadden,Arps,Slate,Meagher,Flom LLP Sheet no. 4 of 5 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 40 of 57 PAID BY NAME AND ADDRESS OF PAYEE AMOUNT OF MONEY OR DESCRIPTION AND VALUE OF PROPERTY STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 9 PAYMENTS RELATED TO DEBT COUNSELING OR BANKRUPTCY DATE OF PAYMENT (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Timagenis Law Office 57 Notara Piraeus, 18535 Greece Excel Maritime Carriers Ltd. 9/11/2012 $128,524 9/28/2012 $129,865 12/28/2012 $186,397 6/14/2013 $419,328 6/27/2013 $137,310 $1,001,424 Timagenis Law Office Sheet no. 5 of 5 continuation sheets Total: $18,615,663 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 41 of 57 NAME AND ADDRESS OF TRANSFEREE, RELATIONSHIP TO DEBTOR STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 10A OTHER TRANSFERS DESCRIBE PROPERTY TRANSFERRED VALUE RECEIVED DATE Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) (Continuation Sheet) $0 Excel Maritime Carriers Ltd. contributed its 71.4% membership interest in Christine Shipco LLC to Christine Shipco Holdings Corp. in exchange for the concomitant increase in the value of its shareholding in Christine Shipco Holdings Corp. Christine Shipco Holdings Corp. Trust Company Complex, Ajeltake Island Non-Debtor Wholly-Owned Subsidiary Majuro, 96960 Marshall Islands Ajeltake Road 6/26/2013 Sheet no. 1 of 1 continuation sheets Total: $0 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 42 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 11 CLOSED FINANCIAL ACCOUNTS FOR 1 YEAR PRIOR TO FILING DATE (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) TYPE OF ACCOUNT, LAST FOUR DIGITS OF ACCOUNT NUMBER, AND AMOUNT OF FINAL BALANCE NAME AND ADDRESS OF INSTITUTION
DATE OF SALE OR CLOSING St.Alban-Graben 1-3 date of closing: 11/22/2012 Credit Suisse Usd Current Account, XXX3021, final balance: $0 Basel, CH 4002 Switzerland St.Alban-Graben 1-3 date of closing: 11/22/2012 Credit Suisse Eur Current Account, XXX2302, final balance: $0 Basel, CH 4002 Switzerland City Point date of closing: 5/27/2013 Macquarie Bank Limited London, EC2Y 9HD UK Margined Transaction Account, XXXEXC01, final balance: $0 1 Ropemaker Street Branch No. 600 date of closing: 5/27/2013 Deutsche Bank AG Hamburg, 20457 Germany Margined Transaction Account, XXX0600, final balance: $0 Region Nord-Alter Wall 53 Sheet no. 1 of 1 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 43 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 13 SETOFFS BY ANY CREDITOR OR BANK: 90 DAYS PRIOR TO FILING AMOUNT OF SETOFF (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) DATE OF SETOFF NAME AND ADDRESS OF CREDITOR 1 St Martin's-Le-Grand Nomura International PLC 6/7/2013 $1,280,000 London, EC1A 4NP UK Sheet no. 1 of 1 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 44 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 18A LIST OF PARTNERSHIPS OR 5% OWNERSHIPS: 6 YEARS NAME ADDRESS NATURE OF BUSINESS LAST FOUR DIGITS OF TAXPAYER I.D. BEGINNING AND ENDING DATES (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Amanda Enterprises Limited 80 Broad Street 7/27/2012 through Current 8034 Corporation Monrovia, Liberia Barland Holdings Inc. 80 Broad Street 7/27/2012 through Current 8057 Corporation Monrovia, Liberia Candy Enterprises Inc. 80 Broad Street 7/27/2012 through Current 8053 Corporation Monrovia, Liberia Castalia Services Ltd. 80 Broad Street 7/27/2012 through Current 8055 Corporation Monrovia, Liberia Christine Shipco Holdings Corp. Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 6/20/2013 through Current Corporation Ajeltake Island Coal Gypsy Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Sheet no. 1 of 8 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 45 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 18A LIST OF PARTNERSHIPS OR 5% OWNERSHIPS: 6 YEARS NAME ADDRESS NATURE OF BUSINESS LAST FOUR DIGITS OF TAXPAYER I.D. BEGINNING AND ENDING DATES (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Coal Hunter Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Coal Pride Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Excel Maritime Carriers LLC 777 Westchester Avenue White Plains, NY 10604 USA 12/13/2012 through Current 9430 Limited Liability Company Suite 101 Fianna Navigation S.A. 80 Broad Street 7/27/2012 through Current 8041 Corporation Monrovia, Liberia Fountain Services Limited 80 Broad Street 7/27/2012 through Current 8054 Corporation Monrovia, Liberia Grain Express Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Sheet no. 2 of 8 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 46 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 18A LIST OF PARTNERSHIPS OR 5% OWNERSHIPS: 6 YEARS NAME ADDRESS NATURE OF BUSINESS LAST FOUR DIGITS OF TAXPAYER I.D. BEGINNING AND ENDING DATES (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Grain Harvester Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Harvey Development Corp. 80 Broad Street 7/27/2012 through Current 8048 Corporation Monrovia, Liberia Ingram Limited 80 Broad Street 7/27/2012 through Current 8039 Corporation Monrovia, Liberia Iron Anne Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Iron Beauty Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Iron Bill Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Sheet no. 3 of 8 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 47 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 18A LIST OF PARTNERSHIPS OR 5% OWNERSHIPS: 6 YEARS NAME ADDRESS NATURE OF BUSINESS LAST FOUR DIGITS OF TAXPAYER I.D. BEGINNING AND ENDING DATES (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Iron Bradyn Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Iron Brooke Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Iron Fuzeyya Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Iron Kalypso Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Iron Knight Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Sheet no. 4 of 8 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 48 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 18A LIST OF PARTNERSHIPS OR 5% OWNERSHIPS: 6 YEARS NAME ADDRESS NATURE OF BUSINESS LAST FOUR DIGITS OF TAXPAYER I.D. BEGINNING AND ENDING DATES (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Iron Lindrew Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Iron Manolis Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Iron Miner Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Iron Vassilis Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Kirmar Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Sheet no. 5 of 8 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 49 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 18A LIST OF PARTNERSHIPS OR 5% OWNERSHIPS: 6 YEARS NAME ADDRESS NATURE OF BUSINESS LAST FOUR DIGITS OF TAXPAYER I.D. BEGINNING AND ENDING DATES (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Lowlands Beilun Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Marias Trading Inc. 80 Broad Street 7/27/2012 through Current 8036 Corporation Monrovia, Liberia Maryville Maritime Inc. 80 Broad Street 3/31/2001 through Current Corporation Monrovia, Liberia Minta Holdings S.A. 80 Broad Street 7/27/2012 through Current 6499 Corporation Monrovia, Liberia Oceanaut Inc. Ajeltake Road ,Ajeltake Island 5/3/2006 through 4/13/2009 Corporation setup to be an acquisition vehicle. However, no acquisition was ever consumated. Majuro, MH96964 Marshall Islands Odell International Ltd. 80 Broad Street 7/27/2012 through Current 2027 Corporation Monrovia, Liberia Sheet no. 6 of 8 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 50 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 18A LIST OF PARTNERSHIPS OR 5% OWNERSHIPS: 6 YEARS NAME ADDRESS NATURE OF BUSINESS LAST FOUR DIGITS OF TAXPAYER I.D. BEGINNING AND ENDING DATES (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Ore Hansa Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Pascha Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Point Holdings Ltd. 80 Broad Street 7/27/2012 through Current Holding Monrovia, Liberia Sandra Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Santa Barbara Shipco LLC Trust Company Complex, Ajeltake Road Majuro, MH96960 Marshall Islands 7/27/2012 through Current 2212 Limited Liability Company Ajeltake Island Snapper Marine Ltd. 80 Broad Street 7/27/2012 through Current 8051 Corporation Monrovia, Liberia Sheet no. 7 of 8 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 51 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 18A LIST OF PARTNERSHIPS OR 5% OWNERSHIPS: 6 YEARS NAME ADDRESS NATURE OF BUSINESS LAST FOUR DIGITS OF TAXPAYER I.D. BEGINNING AND ENDING DATES (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) Tanaka Services Ltd. 80 Broad Street 7/27/2012 through Current 8037 Corporation Monrovia, Liberia Teagan Shipholdings S.A. 80 Broad Street 7/27/2012 through Current 8045 Corporation Monrovia, Liberia Thurman International Ltd. 80 Broad Street 7/27/2012 through Current Holding Monrovia, Liberia Whitelaw Enterprises Co. 80 Broad Street 7/27/2012 through Current 8050 Corporation Monrovia, Liberia Yasmine International Inc. 80 Broad Street 7/27/2012 through Current 8046 Corporation Monrovia, Liberia Sheet no. 8 of 8 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 52 of 57 NAME AND ADDRESS DATES SERVICES RENDERED TITLE STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 19A BOOKS, RECORDS AND FINANCIAL STATEMENTS - BOOKKEEPERS Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) (Continuation Sheet) 17th Km National Road Athens-Lamia & Finikos Street Athens, 145 64 Greece Dimitrios Michos Accounts Manager 4/15/2008 through Present Nea Kifisia 17th Km National Road Athens-Lamia & Finikos Street Athens, 145 64 Greece Christina Zitouni Chief Accounting Officer 4/1/1997 through Present Nea Kifisia 17th Km National Road Athens-Lamia & Finikos Street Athens, 145 64 Greece Pavlos Kanellopoulos Chief Financial Officer 4/27/2010 through Present Nea Kifisia 17th Km National Road Athens-Lamia & Finikos Street Athens, 145 64 Greece Loukas Economou Deputy Accounts Office 11/3/1997 through Present Nea Kifisia Sheet no. 1 of 1 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 53 of 57 NAME AND ADDRESS DATES SERVICES RENDERED STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 19B BOOKS, RECORDS AND FINANCIAL STATEMENTS - AUDITORS Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) (Continuation Sheet) 11th Km National Road Athens-Lamia Ernst & Young (Hellas) Certified Auditors - Accountants S.A 12/31/2010 through Current Athens, 144 51 Greece Sheet no. 1 of 1 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 54 of 57 NAME AND ADDRESS TITLE STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 19C BOOKS, RECORDS AND FINANCIAL STATEMENTS - POSSESSION Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) (Continuation Sheet) 17th Km National Road Athens-Lamia & Finikos Street Athens, 145 64 Greece Christina Zitouni Chief Accounting Officer Nea Kifisia 17th Km National Road Athens-Lamia & Finikos Street Athens, 145 64 Greece Pavlos Kanellopoulos Chief Financial Officer Nea Kifisia Sheet no. 1 of 1 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 55 of 57 STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 21B CURRENT OFFICERS, DIRECTORS AND SHAREHOLDERS NAME AND ADDRESS TITLE PERCENTAGE OF STOCK OWNERSHIP (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) NATURE OF STOCK OWNERSHIP Apostolos Kontoyannis 10 Skouze Street Piraeus, 18536 Greece Director Evangelos Macris 143-145 Notara street Piraeus, 18536 Greece Director Frithjof Platou 27 Gloucester Place London, United Kingdom Director Gabriel Panayotides 17th Km National Road Athens-Lamia & Finikos Street Nea Kifisia Chairman Athens, 14564 Greece Ismini Panayotides 17th Km National Road Athens-Lamia & Finikos Street Nea Kifisia Board Secretary Athens, 14564 Greece Pavlos Kanellopoulos 17th Km National Road Athens-Lamia & Finikos Street Nea Kifisia Officer Athens, 14564 Greece Trevor Williams 3rd Fl., Par La Ville Place 14 Par La Ville Road P.O Box 2257 Director Hamilton, Bermuda Sheet no. 1 of 2 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 56 of 57 NAME AND ADDRESS TITLE PERCENTAGE OF STOCK OWNERSHIP STATEMENT OF FINANCIAL AFFAIRS - EXHIBIT 21B CURRENT OFFICERS, DIRECTORS AND SHAREHOLDERS (Continuation Sheet) Excel Maritime Carriers Ltd. In re ___________________________________________ , Case No. ______________________________ Debtor (if known) 13-23060 (RDD) NATURE OF STOCK OWNERSHIP Gabriel Panayotides 17th Km National Road Athens-Lamia & Finikos Street Nea Kifisia Class A Shares 35.5 Holder of Class A Shares Athens, 14564 Greece Ismini Panayotides 17th Km National Road Athens-Lamia & Finikos Street Nea Kifisia Class A Shares 4.8 Holder of Class A Shares Athens, 14564 Greece Gabriel Panayotides 17th Km National Road Athens-Lamia & Finikos Street Nea Kifisia Class B Shares 51 Holder of Class B Shares Athens, 14564 Greece Ismini Panayotides 17th Km National Road Athens-Lamia & Finikos Street Nea Kifisia Class B Shares 10.1 Holder of Class B Shares Athens, 14564 Greece Mary Panayotides 17th Km National Road Athens-Lamia & Finikos Street Nea Kifisia Class B Shares 18.8 Holder of Class B Shares Athens, 14564 Greece Sheet no. 2 of 2 continuation sheets 13-23060-rdd Doc 161 Filed 08/14/13 Entered 08/14/13 20:32:35 Main Document Pg 57 of 57