13-23254-rdd

Doc 4

Filed 07/29/13

Entered 07/29/13 17:30:54 Pg 1 of 3

Main Document

UNITED STATES BANKRUPTCY COURT SOUTHERN DISTRICT OF NEW YORK ---------------------------------------------------------x In re: EARL SIMMONS,

Chapter 11 Case No. 13-

Debtor. ----------------------------------------------------------x CERTIFICATION OF EARL SIMMONS PURSUANT TO LOCAL BANKRUPTCY RULE 1007-2 EARL SIMMONS, certifies under penalty of perjury as follows: 1. I am the debtor and debtor-inpossession herein (the Debtor), and am fully familiar

with the facts set forth herein. This certification is submitted pursuant to Rule 1007-2 of the Bankruptcy Rules of this Court (LBR). 2. On July 29, 2013, I filed a voluntary Chapter 11 Petition pursuant to Chapter 11 of the

Bankruptcy Reform Act of 1978, as amended by the Bankruptcy Abuse Prevention and Consumer Protection Act of 2005. 3. 4. I am a recording artist and actor. My principal asset is the real property known as and located at 142 McLain Street

Mount Kisco, NY 10549. 5. This Chapter 11 case has been filed to enable me to reorganize my financial affairs and

be able to confirm a Plan of Reorganization. 6. My personal assets are located at Universal Music Publishing.

13-23254-rdd

Doc 4

Filed 07/29/13

Entered 07/29/13 17:30:54 Pg 2 of 3

Main Document

7.

Pursuant to LBR 1007-2(a)(4), a list containing the names and addresses of what I

believe to be the twenty largest unsecured creditors, excluding insiders, has been filed with my Chapter 11 Petition. 8. Pursuant to LBR 1007-2(a)(5), the holders of the secured claims will be set forth in

Schedule D to the Chapter 11 Petition. 9. Pursuant to LBR 1007-2(a)(6), an approximate summary of my assets and liabilities

will be set forth in Schedules A, B, D, E and F to the Chapter 11 Petition. 10. 11. LBR 1007-2(a)(7) is not applicable. I am currently a defendant in an action entitled Heavy Rotation LLC v. Earl Simmons

p/k/a DMX, J-Mike Management and Entertainment, LLC and Jason Fowler (Index No. 65249/2012) pending in the Supreme Court of the State of New York, New York County. I am also currently a defendant in an action entitled Compass Bank v. Earl Simmons; Tashera Simmons et. al. (Index No. 52387/2013) pending in the Supreme Court of the State of New York, Westchester County. 12. A judgment has been entered against me in an action entitled Amusing Diversions, Inc.

v. Dogwear, Inc. a/k/a DMX et. al. (Index No. 108606/04) in the Supreme Court of the State of New York, New York County. A judgment has been entered against me in an action entitled Amusing Diversions, Inc. v. Earl Simmons a/k/a DMX, Tashera Simmons a/k/a Tashera Drughn, and ET Properties 1, LLC (Index No. 22226/2008) in the Supreme Court of the State of New York, Westchester County. A judgment has been entered against me in an action entitled Amusing Diversions, Inc. v. Dogwear, Inc. a/k/a DMX and ET Properties 2, LLC (Index No. 113729/2007) in the Supreme Court of the State of New York, Westchester County. A judgment has been entered

13-23254-rdd

Doc 4

Filed 07/29/13

Entered 07/29/13 17:30:54 Pg 3 of 3

Main Document

against me in an action entitled Sergey Priporin, Olga Priporina and Irina Priporina by m/n/g Yulia Priporina (Index No. 729/05) in the Supreme Court of the State of New York, Westchester County. 13. Pursuant to LBR 1007-2(a)(8), to the best of my knowledge, there is no property of

mine in the possession or custody of any public officer, receiver, trustee, pledgee, assignee of rents, liquidator, secured creditor, or agent of any such person. Dated: July 29, 2013 _/S/ Earl Simmons_________ EARL SIMMONS