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Canopy Assets and Liab
Canopy Assets and Liab
In re: ) Chapter 11
)
CANOPY FINANCIAL, INC., ) Case No. 09-44943
)
Debtor. ) Hon. Eugene R. Wedoff
On December 29, 2009, Canopy Financial, Inc. (“Canopy” or the “Debtor”) filed its
Schedules of Assets and Liabilities and Statement of Financial Affairs (collectively, the
“Schedules and SOFA”) in accordance with Federal Rule of Bankruptcy Procedure 1007(b).
reasonable efforts to ensure that the Schedules and SOFA are accurate and complete based on
information that was available at the time of preparation. However, as a result of the events
precipitating the Debtor’s bankruptcy filing, namely the discovery of significant financial and
accounting irregularities, many of the Debtor’s historical records are unavailable or inaccurate,
and the Schedules and SOFA may require substantial amendments or revisions to the extent
additional information is uncovered. In addition, the Schedules and SOFA may contain
inadvertent errors or omissions. Accordingly, the Debtor reserves its right to amend the
reference in, and comprises an integral part of, the Schedules and SOFA, and should be referred
to and reviewed in connection with any review of the Schedules and SOFA.
2. Summary of Reporting Policies for Schedules and SOFA. The Schedules and
SOFA have been verified by Robert Angart, the Debtor’s Chief Operating Officer, who was
retained by the Debtor one day before the Petition Date. In reviewing and signing the Schedules
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and SOFA, Mr. Angart necessarily relied upon the efforts, statements, and representations of
other of the Debtor’s personnel and professionals. Mr. Angart has not (and could not have)
personally verified the accuracy of each such statement and representation, including statements
3. Causes of Action. The Debtor has not set forth all causes of action against all
third parties as assets in its Schedules and SOFA. The Debtor reserves all of its rights with
respect to any causes of action it may have, and nothing contained in the Schedules and SOFA
order or any other order entered by the Bankruptcy Court, the Debtor reserves its rights to
dispute or challenge the validity, perfection or immunity from avoidance of any lien purported to
addition, Schedules D, E and F permit the Debtor to designate a claim as disputed, contingent
contingent and/or unliquidated does not constitute an admission that such claim is not subject to
objection. The Debtor reserves the right to dispute, or assert offsets or defenses to any claim
5. Schedule G. While reasonable best efforts have been made to ensure the accuracy
of Schedule G, inadvertent errors or omissions may have occurred. The Debtor hereby reserves
all rights to dispute the validity, status or enforceability of any contracts, agreements or leases set
listing a contract or lease in this Schedule shall not be deemed an admission that such contract is
2
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an executory contract or unexpired lease, or that it is necessarily a binding, valid and enforceable
contract.
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B6 Summary (Official Form 6 - Summary) (12/07)
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SUMMARY OF SCHEDULES
Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A,
B, D, E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor’s assets.
Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor’s liabilities. Individual debtors must
also complete the "Statistical Summary of Certain Liabilities and Related Data" if they file a case under chapter 7, 11, or 13.
H - Codebtors Yes 1
Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy
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B6A (Official Form 6A) (12/07)
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1. Cash on hand X
3. Security deposits with public Security Deposit for San Francisco Office Lease - 144,096.00
utilities, telephone companies, CREA Spear Street Terrace, LLC
landlords, and others. c/o Cornerstone Real Estate Advisors
100 Wilshire Blvd., Ste. 1600
Santa Monica, CA 94105
Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy
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B6B (Official Form 6B) (12/07) - Cont.
6. Wearing apparel. X
9. Interests in insurance policies. Directors' & Officers' Liability Policy ($5,000,000) - Unknown
Name insurance company of each
policy and itemize surrender or Crime Insurance Policy ($1,000,000) - Unknown
refund value of each.
Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy
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B6B (Official Form 6B) (12/07) - Cont.
22. Patents, copyrights, and other Intellectual Property including the CareGain and - 6,100,000.00
intellectual property. Give HealthDirect software platforms (value is based on
particulars. section 363 sale term sheet).
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B6B (Official Form 6B) (12/07) - Cont.
28. Office equipment, furnishings, and Furniture and Fixtures (Book Value) - 1,626,222.00
supplies.
The Debtor's financial statements dated December 31,
2008 are the source for the book value of the Debtor's
office equipment, furnishings, and supplies. Although
this book value appears to be more accurate than some
of the other information set forth in the Debtor's financial
statements, the Debtor has determined that its financial
statements are not reliable, and that its books and
records contain significant financial and accounting
irregularities. Accordingly, there is a material possibility
that the book value of the Debtor's office equipment,
furnishings, and supplies is overstated on the Debtor's
financial statements dated December 31, 2008.
30. Inventory. X
31. Animals. X
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State the name, mailing address, including zip code, and last four digits of any account number of all entities holding claims secured by property of the debtor as of
the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided
if the debtor chooses to do so. List creditors holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and
other security interests.
List creditors in alphabetical order to the extent practicable. If a minor child is a creditor, the child's initials and the name and address of the child's parent or
guardian, such as "A.B., a minor child, by John Doe, guardian." Do not disclose the child's name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). If all secured
creditors will not fit on this page, use the continuation sheet provided.
If any entity other than a spouse in a joint case may be jointly liable on a claim, place an "X" in the column labeled "Codebtor" ,include the entity on the appropriate
schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be
liable on each claim by placing an "H", "W", "J", or "C" in the column labeled "Husband, Wife, Joint, or Community".
If the claim is contingent, place an "X" in the column labeled "Contingent". If the claim is unliquidated, place an "X" in the column labeled "Unliquidated". If the
claim is disputed, place an "X" in the column labeled "Disputed". (You may need to place an "X" in more than one of these three columns.)
Total the columns labeled "Amount of Claim Without Deducting Value of Collateral" and "Unsecured Portion, if Any" in the boxes labeled "Total(s)" on the last
sheet of the completed schedule. Report the total from the column labeled "Amount of Claim" also on the Summary of Schedules and, if the debtor is an individual with
primarily consumer debts, report the total from the column labeled "Unsecured Portion" on the Statistical Summary of Certain Liabilities and Related Data.
Check this box if debtor has no creditors holding secured claims to report on this Schedule D.
C Husband, Wife, Joint, or Community C U D AMOUNT OF
CREDITOR'S NAME O O N I
D H DATE CLAIM WAS INCURRED, N L S CLAIM
AND MAILING ADDRESS E T I P WITHOUT UNSECURED
INCLUDING ZIP CODE, B W NATURE OF LIEN, AND I Q U PORTION, IF
T J DESCRIPTION AND VALUE N U T
DEDUCTING
AND ACCOUNT NUMBER O G I E VALUE OF ANY
(See instructions above.) R
C OF PROPERTY E D D
SUBJECT TO LIEN COLLATERAL
N A
T T
Account No. Leases Dated 3/27/2009 and 4/7/2009 E
D
Value $
Subtotal
0
_____ continuation sheets attached 425,604.88 0.00
(Total of this page)
Total 425,604.88 0.00
(Report on Summary of Schedules)
Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy
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B6E (Official Form 6E) (12/07)
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Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E.
TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets)
Domestic support obligations
Claims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor, or the parent, legal guardian, or responsible relative
of such a child, or a governmental unit to whom such a domestic support claim has been assigned to the extent provided in 11 U.S.C. § 507(a)(1).
Deposits by individuals
Claims of individuals up to $2,425* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not
delivered or provided. 11 U.S.C. § 507(a)(7).
* Amounts are subject to adjustment on April 1, 2010, and every three years thereafter with respect to cases commenced on or after the date of adjustment.
1 continuation sheets attached
Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy
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B6E (Official Form 6E) (12/07) - Cont.
Unknown 0.00
Account No.
Dept. of Treasury
Internal Revenue Unknown
Centralized Insolvency Operations
- X X
P.O. Box 21126
DE 19914
Unknown 0.00
Account No.
Unknown 0.00
Account No.
2,117.74 2,117.74
Account No.
Unknown 0.00
1
Sheet _____ 1
of _____ continuation sheets attached to Subtotal 0.00
Schedule of Creditors Holding Unsecured Priority Claims (Total of this page) 2,117.74 2,117.74
Total 0.00
(Report on Summary of Schedules) 2,117.74 2,117.74
Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037 Best Case Bankruptcy
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In re Canopy Financial, Inc. Case No. 09-44943
Debtor(s)
NOTES TO
NOTE 1: General. As previously disclosed, the Debtor has determined that a substantial amount of funds
belonging to customers whose health savings accounts (“HSAs”) were serviced by the Debtor have been
misappropriated. The Debtor has scheduled the individual holders of HSA accounts maintained or provided
through Dewitt Stern Group, FlexRight, ISU Financial Services, Inc., Shawnee Administrative Services, LLC,
and Veritas Health Systems Administrators and Insurance, as well as those individuals who maintained
accounts directly through Canopy’s own “Wellfund” HSA program (collectively, the “Scheduled Individuals”).
The “amount of claim” listed for the Scheduled Individuals is the amount of the Scheduled Individual’s HSA
account balance as of December 1, 2009 as reflected on the Debtor's books and records.
NOTE 2: Coventry Health Care. As previously disclosed, the Debtor has determined that a substantial
amount of funds belonging to customers whose health savings accounts (“HSAs”) were serviced by the Debtor
have been misappropriated. 13,697 of the affected HSA accounts, with account balances aggregating more than
$17 million, were serviced by the Debtor pursuant a contract with Coventry Health Care. Coventry Health Care
has established and cash-funded a new account from which it will fund continued debit card and ACH
transactions for its customers, and Coventry Health Care has informed the Debtor that it will cover its
customers’ losses and assert a claim, inter alia, against the Debtor for the aggregate amount of its customers'
losses once that is definitively ascertained. Accordingly, the Debtor has scheduled a single claim in the amount
of $17,071,916.55 for Coventry Health Care, being the obligation reflected on the Debtor's books and records,
and has not scheduled the holders of the 13,697 affected Coventry Heath Care-related HSA accounts as
individual creditors.