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Type of Debtor Nature of Business Chapter of Bankruptcy Code Under Which
(Form of Organization) (Check one box.) the Petition is Filed (Check one box)
(Check one box.) Health Care Business Chapter 7 Chapter 15 Petition for Recognition of a Foreign
Individual (includes Joint Debtors) Single Asset Real Estate as defined in Chapter 9 Main Proceeding
See Exhibit D on page 2 of this form. 11 U.S.C. § 101 (51B) Chapter 11 Chapter 15 Petition for Recognition of a Foreign
Corporation (includes LLC and LLP) Railroad Chapter 12 Nonmain Proceeding
Partnership Stockbroker Chapter 13
Other (If debtor is not one of the above Commodity Broker ______________________________________________________________________
entities, check this box and state type of Clearing Bank Nature of Debts (Check one box)
entity below.) Other
Financial Services Debts are primarily consumer Debts are primarily business
(Check box, if applicable.) debts, defined in 11 U.S.C. § debts.
Debtor is a tax-exempt organization 101(8) as “incurred by an
under Title 26 of the United States individual primarily for a personal,
Code (the Internal Revenue Code). family, or household purpose.”
Chapter 11 Debtors
Check one box:
Filing Fee (Check one box)
Debtor is a small business debtor as defined in 11 U.S.C. § 101(51D).
Full Filing Fee attached
Filing Fee to be paid in installments (applicable to individuals only) Debtor is not a small business debtor as defined in 11 U.S.C. § 101(51D).
Must attach signed application for the court’s consideration certifying that the debtor is unable to pay fee Check if:
except in installments. Rule 1006(b). See Official Form 3A. Debtor’s aggregate noncontingent liquidated debts (excluding debts owed to
Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for insiders or affiliates) are less than $2,190,000.
the court’s consideration. See Official Form 3B.
-------------------------------
Check all applicable boxes:
A plan is being filed with this petition.
Acceptances of the plan were solicited prepetition from one or more classes of
creditors, in accordance with 11 U.S.C. § 1126(B).
THIS SPACE IS FOR COURT USE
Statistical/Administrative Information ONLY
Debtor estimates that funds will be available for distribution to unsecured creditors.
Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for
distribution to unsecured creditors.
1-49 50-99 100-199 200-999 1,000- 5,001- 10,001- 25,001 50,001- Over
5,000 10,000 25,000 50,000 100,000 100,000
$0 to $50,001 to $100,001 to $500,001 to $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than
$50,000 $100,000 $500,000 $1 million to $10 to $50 to $100 to $500 to $1 billion $1 billion
million million million million
Estimated Liabilities (Consolidated with affiliates)
$0 to $50,001 to $100,001 to $500,001 to $1,000,001 $10,000,001 $50,000,001 $100,000,001 $500,000,001 More than
$50,000 $100,000 $500,000 $1 million to $10 to $50 to $100 to $500 to $1 billion $1 billion
million million million million
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(Official Form 1) (1/08)
FORM B1, Page 2
Voluntary Petition Name of Debtor(s): Lehman Brothers Commodity Services Inc.
(This page must be completed and filed in every case)
All Prior Bankruptcy Case Filed Within Last 8 Years (If more than two, attach additional sheet.)
Location Case Number: N/A Date Filed: N/A
Where Filed: N/A
Location Case Number: Date Filed:
Where Filed: N/A N/A N/A
Pending Bankruptcy Case Filed by any Spouse, Partner or Affiliate of this Debtor (If more than one, attach additional sheet.)
Name of Debtor: (see schedule 1 attached hereto) Case Number: Date Filed:
District: Relationship:
Judge: Peck
Exhibit A Exhibit B
(To be completed if debtor is an individual
whose debts are primarily consumer debts.)
(To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q)
with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the I, the attorney for the petitioner named in the foregoing petition, declare that I have informed
Securities Exchange Act of 1934 and is requesting relief under chapter 11.) the petitioner that [he or she] may proceed under chapter 7, 11, 12, or 13 of title 11, United
States Code, and have explained the relief available under each such chapter. I further certify
that I have delivered to the debtor the notice required by § 342(b).
Exhibit D
NOT APPLICABLE
(To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.)
Exhibit D completed and signed by the debtor is attached and made a part of this petition.
If this is a joint petition:
Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition.
Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately
preceding the date of this petition or for a longer part of such 180 days than in any other District.
There is a bankruptcy case concerning debtor’s affiliate, general partner, or partnership pending in this District.
Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no
principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or
the interests of the parties will be served in regard to the relief sought in this District.
Landlord has a judgment against the debtor for possession of debtor’s residence. (If box checked, complete the following.)
(Address of landlord)
Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire
monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and
Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the
petition.
Debtor certifies that he/she has served the Landlord with this certification. (11 U.S.C. § 362(1)).
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(Official Form 1) (1/08)
FORM B1, Page 3
Voluntary Petition Name of Debtor(s): Lehman Brothers Commodity Services Inc.
(This page must be completed and filed in every case)
Signatures
Signature(s) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative
I declare under penalty of perjury that the information provided in this petition is true and I declare under penalty of perjury that the information provided in this petition is
correct. true and correct, that I am the foreign representative of a debtor in a foreign
[If petitioner is an individual whose debts are primarily consumer debts and has chosen to proceeding, and that I am authorized to file this petition.
file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12 or 13 of title
11, United States Code, understand the relief available under each such chapter, and
choose to proceed under chapter 7. (Check only one box.)
[If no attorney represents me and no bankruptcy petition preparer signs the petition] I have
obtained and read the notice required by 11 U.S.C. § 342(b). I request relief in accordance with chapter 15 of title 11, United States Code.
Certified copies of the documents required by 11 U.S.C. § 1515 are attached.
I request relief in accordance with the chapter of title 11, United States Code, specified in
this petition. Pursuant to 11 U.S.C. § 1511, I request relief in accordance with the chapter of title
11 specified in this petition. A certified copy of the order granting recognition of
the foreign main proceeding is attached.
X
Signature of Debtor
X X
Signature of Joint Debtor (Signature of Foreign Representative)
Telephone Number (if not represented by attorney) (Printed Name of Foreign Representative)
Date Date
The debtor requests the relief in accordance with the chapter of title 11, United States
Code, specified in this petition.
Bryan Marsal
Printed Name of Authorized Individual
October 3, 2008
Date
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Schedule 1 to Chapter 11 Petition
Each of the affiliated entities listed below (including the debtor in this chapter 11
case) filed a voluntary petition for relief under chapter 11 of title 11 of the United States Code
(the “Bankruptcy Code”) in the United States Bankruptcy Court for the Southern District of New
York (the “Court”).
Lehman Brothers Holdings 08-13555 (JMP) September 15, 2008 Indirect Parent Peck
Inc.
PAMI Statler Arms LLC 08-13664 (JMP) September 23, 2008 Affiliate Peck
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CERTIFICATE OF RESOLUTIONS
RESOLVED, that in the judgment of the Board, it is desirable and in the best
interests of the Company, its creditors, employees, and other interested parties that a
petition be filed by the Company seeking relief under the provisions of chapter 11 of title
11 of the United States Code (the “Bankruptcy Code”).
RESOLVED, that each of the President, Chief Executive Officer, Senior Vice
President, Vice President, Secretary, Assistant Secretary, Treasurer, Assistant Treasurer,
Managing Director, and Assistant Controller (each such officer or designee being an
“Authorized Person” and all being the “Authorized Persons”) are hereby authorized,
empowered and directed, in the name, and on behalf of the Company, to execute and
verify petitions and amendments thereto under chapter 11 of the Bankruptcy Code (the
“Chapter 11 Case”) and to cause the same to be filed in the United States Bankruptcy
Court for the Southern District of New York at such time or in such other jurisdiction as
such Authorized Person executing the same shall determine.
RESOLVED, that the law firm of Weil, Gotshal & Manges LLP is hereby
engaged as attorneys for the Company under a general retainer in the Chapter 11 Case,
subject to any requisite bankruptcy court approval.
RESOLVED, that each Authorized Person, and such other officers of the
Company as the Authorized Persons shall from time to time designate, and any
employees or agents (including counsel) designated by or directed by any such officers,
be, and each hereby is, authorized, empowered and directed, in the name and on behalf of
the Company, to execute and file all petitions, schedules, motions, lists, applications,
pleadings and other papers, and to take and perform any and all further acts and deeds
which he or she deems necessary, proper or desirable in connection with the Chapter 11
Case, with a view to the successful prosecution of such case.
RESOLVED, that each Authorized Person, and such other officers of the
Company as the Authorized Persons shall from time to time designate, be, and each
hereby is, authorized, empowered and directed, in the name and on behalf of the
Company, to engage and retain all assistance by legal counsel, accountants, financial
advisors, restructuring advisors, and other professionals in connection with the Chapter
11 Case, with a view to the successful prosecution of such case.
RESOLVED, that each Authorized Person, and such other officers of the
Company as the Authorized Persons shall from time to time designate, and any
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employees or agents (including counsel) designated by or directed by any such officers,
be, and each hereby is, authorized, empowered and directed, in the name and on behalf of
the Company, to cause the Company to enter into, execute deliver, certify, file and/or
record, and perform such agreements, instruments, motions, affidavits, applications for
approvals or ruling of governmental or regulatory authorities, certificates or other
documents, and to take such other action as in the judgment of such person shall be or
become necessary, proper, and desirable to effectuate a successful reorganization of the
business of the Company.
RESOLVED, each Authorized Person, and such other officers of the Company as
the Authorized Persons shall from time to time designate, be, and each hereby is,
authorized, empowered and directed, in the name and on behalf of the Company, and any
such actions heretofore taken by any of them are hereby ratified, confirmed and approved
in all respects: (i) to negotiate, execute, deliver and/or file any and all of the agreements,
documents and instruments referenced herein, and such other agreements, documents and
instruments and assignments thereof as may be required or as such officers deem
appropriate or advisable, or to cause the negotiation, execution and delivery thereof, in
the name and on behalf of the Company, as the case may be, in such form and substance
as such officers may approve, together with such changes and amendments to any of the
terms and conditions thereof as such officers may approve, with the execution and
delivery thereof on behalf of the Company by or at the direction of such officers to
constitute evidence of such approval, (ii) to negotiate, execute, deliver and/or file, in the
name and on behalf of the Company, any and all agreements, documents, certificates,
consents, filings, and applications relating to the resolutions adopted and matters ratified
or approved herein and the transactions contemplated thereby, and amendments and
supplements to any of the foregoing, and to take such other action as may be required or
as such officers deem appropriate or advisable in connection therewith, and (iii) to do
such other things as may be required, or as may in their judgment be appropriate or
advisable, in order to effectuate fully the resolutions adopted and matters ratified or
approved herein and the consummation of the transactions contemplated hereby.
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RESOLVED, that, any and all past actions heretofore taken by officers of the
Company in the name and on behalf of the Company in furtherance of any or all of the
preceding resolutions be, and the same hereby are, ratified, confirmed, and approved.
IN WITNESS WHEREOF, I have set my hand this 3rd day of October, 2008.
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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
:
In re : Chapter 11 Case No.
:
Lehman Brothers Commodity Services Inc., : 08-_______ (JMP)
:
Debtor. :
:
---------------------------------------------------------------x
Following is the list of creditors, as of September 15, 2008, holding the thirty (30)
largest unsecured claims against the Debtor and its affiliates.2
The list of creditors has been prepared in accordance with Rule 1007(d) of the
Federal Rules of Bankruptcy Procedure. This list does not include (i) persons who come within
the definition of “insider” set forth in section 101(31) of title 11 of the United States Code, or (ii)
secured creditors unless the value of the collateral is such that the unsecured deficiency places
the creditor among the holders of the thirty (30) largest unsecured claims. Please note that the
list of creditors below consists of the top thirty (30) largest unsecured claims against Lehman
Brothers Holdings Inc. and its debtor and non-debtor affiliates on a consolidated basis.
1
Refer to list included with the chapter 11 petition of the Debtor’s affiliate, Lehman Brothers Holdings
Inc., Case No. 08-13555 (JMP).
2
This information herein shall not constitute an admission of liability by, nor is it binding on, the Debtor.
Nothing herein shall affect the Debtor’s right to challenge the amount or characterization of any claim at a
later date. The list sets forth the creditors holding claims against the Debtor and its consolidated affiliates,
including non-debtor affiliates. As soon as information regarding the creditors of the Debtor is available,
an updated list will be filed.
3
All claims are subject to reconciliations, credits, and adjustments, which are not reflected on this list.
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DECLARATION UNDER PENALTY OF PERJURY:
Services Inc., named as the debtor in this case (the “Debtor”), declare under penalty of
perjury that I have read the foregoing list of creditors holding the thirty (30) largest
unsecured claims against the Debtor and that it is true and correct to the best of my
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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
:
In re : Chapter 11 Case No.
:
Lehman Brothers Commodity Services Inc., : 08-_______ (JMP)
:
Debtor. :
:
---------------------------------------------------------------x
LIST OF CREDITORS1
The list of creditors will contain only those creditors whose names and addresses were
maintained in the Debtor’s database or were otherwise ascertainable by the Debtor. The
schedule of liabilities to be subsequently filed should be consulted for a list of the Debtor’s
creditors that is comprehensive and current as of the date of the commencement of this case.
1
The information herein shall not constitute an admission of liability by, nor is it binding on, the Debtor.
2
The motion was granted and an order entered on September 16, 2008 [Docket No. 52].
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UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
---------------------------------------------------------------x
:
In re : Chapter 11 Case No.
:
Lehman Brothers Commodity Services Inc., : 08-_________ (JMP)
:
Debtor. :
:
---------------------------------------------------------------x
The Debtor does not believe it owns or possesses any real or personal
property that poses or is alleged to pose a threat of imminent and identifiable
harm to the public health or safety. To the extent the Debtor has an interest in
such property, to the best of the Debtor’s knowledge, the Debtor is in compliance
with all applicable laws, including, without limitation, all environmental laws and
regulations.
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