Debtor
1. Petitioner’s post office address is 6012 Third Street, Modesto, California 95351
2. Petitioner’s Federal Tax I.D. number is 94-1599959
3. Petitioner has had its principle place of business and principal assets within this District for the preceding 180 days.
4. Exhibit "A" is attached to and made a part of this petition.
5. Petitioner has not had a case pending under Title 11 at any time in the preceding 180 days where;
(a) The case was dismissed by the Court for wilful failure of the debtor to abide by orders of the Court, or to appear before the Court in proper prosecution of the case; or
(b) The peitioner requested and obtained the voluntary dismissal of the case following the filing of a request for relief from the automatic stay provided by Section 362 of Title 11.
6. Petitioner is qualified to file under this petition and is entitled to the benefits of Title 11, United States Code, as a voluntary debtor.
7. Petitioner intends to file a Plan pursuant to Chapter 11 of said Title 11.
WHEREFORE, Petitioner, UNIVERSAL LIFE CHURCH, a California non-profit corporation, prays for relief in accordance with Chapter 11 of Title 11, United States Code.
Dated: November 28, 1989
Respectfully Submitted,
ALTMAN, COLLINS & GROSS
Attorneys at LawBy:
CARL W. COLLINS
Attorney for Debtor
I, LIDA G. HENSLEY, certify under penalty of perjury that the foregoing is true and correct.
Executed at Modesto, California, on November 28, 1989.
1. Petitioner’s employer ID number is 94-1599959.
2. Petitioner has no securities registered under section 12 of the Securities and Exchange Act of 1934.
3. The following financial data is the latest available information and refers to petitioner’s condition on November 29, 1989:
a. Total assets are approximately $3,784,548.00
b. Total liabilities are unknown.
c. Secured debt, excluding that listed below totals $0.00 and is held by approximately 0 creditors.
d. Debt securities held by more that 100 holders totals $0.00 and is held by approximately o creditors.
e. Secured debt totals $0.00 and is held by approximately 0 creditors.
f. Unsecured debt is unknown and is held by approximately 20 creditors.
g. Other liabilities, excluding contingent or unliquidated claims totals $0.00 and is held by approximately 0 creditors.
h. Number of shares of common stock totals $0.00 and is held by approximately 0 creditors.
Comments if any: none
4. The petitioner is a non-profit California corporation doing business as a tax exempt church under Internal Revenue Code Sections 501 (c)(3) and (4).
5. No person directly or indirectly owns, controls, or holds, with power to vote, 20% or more of the voting securities of petitioner.
6. Petitioner does not, directly or indirectly, own, control, or hold, with power to vote, 20% or more of the voting securites of any corporation.
a. The petitioner carries on business under the name of UNIVERSAL LIFE CHURCH, a California non-profit corporation at 601 Thrid Street, Modesto, California 95351.
b. The petitioner’s business is a church, featuring religious activities. Also active in social welfare, providing low housing income. Universal Life Church was incorporated in 1962. The low income housing program began in approximately 1977.
c. The petitioner has carried on business under the name and at the address listed below during the six years immediately preceding the filing of the original petition herein.
Numerous chartered congregations around the country operate under the name Universal Life Church, Inc., under our mother church status. Formation of an unincorporated association called Universal Life Church began in November, 1988. It is a church headed by Reverend Kirby Hensley. It currently receives small donations from the general public and is operated out of the 601 Third Street, Modesto, California location.
d. The petitioner’s federal employer identification number is 94-1599959.
a. During the two years immediately preceding the filing of the original petition herein, the books of account and records of the petitioner have been kept by or under the supervision of:
Universal Life Church. As a tax-exempt church, we are not required to file tax returns or prepare financial statements.
b. During the two years immediately preceding the filing of the original petition herein, the books of account and records have been audited by:
None known to Petitioner.
c. The books of accounts and records of petitioner are now in the possession of:
The current, and most of the historical, accounting records are kept at 601 Third Street. Records for the period May 1, 1982 through April, 30, 1985 are at Ristau & Co., Inc., CPA’s, 101 College Avenue, Suite 1, Modesto, California 95350 fort he convenience of the IRS auditors who are examining those years.
d. If any of these books and records are not available, explain:
All Available.
e. If any books of accounts or records relating to your affairs have been destroyed, lost or otherwise disposed of within the two years immediately preceding the filing of the original petition herein, give particulars, including date of destruction, loss or disposition, and reason therefor.
N/A.
The dates, and names and addresses of the persons to whom petitioner has issued financial statements within the two years immediately preceding the filing of the original petition herein, are as follows:
No financial statements issued.
Universal Life Church does not have "inventory." However, Universal Life Church does own residential property which rents to low income people. See attached Exhibit "A". See the listin of real property under Schedule B-1 in the STatement of Assets for assessed value of rentals.
The dates, sources, particulars, and amounts of income received by the Petitioner during each of the two years immediately preceding the filing of the original petition herein, other than from the operation of petitioner’s business, are as follows:
Received interest from CD’s and savings and interest on the unpaid balances on notes receivable (both secured by low housing and unsecured). See attached Exhibit "A".
a. No tax returns have ever been prepared as Universal Life Church is exempt under IRC § 501 (c)(3).
b. What tax refunds (income or other) have you received during the two years immediately preceding the filing of the original petition hereis?
N/A.
c. To what tax refunds (income or other) if any, are you, or may you be entitled?
None that Universal Life Church is aware of.
a. BANK ACCOUNTS: Within the two years immediately preceding the filing of the original petition herein, the petitioner maintained bank accounts, alone or together with any other persons, and in petitioners own name or any other name as follows:
See attached Exhibit "B"
b. SAFE DEPOSIT BOXES: Within the two years immediately preceding the filing of the original petition herein, the petitioner maintainedsafe deposit boxes or other depositories as follows:
Wells Fargo Bank. 1120 "K" Street, Modesto, California, in name of ULC, Inc. contains documents including NOtes, Deeds of Trust, etc.
That the only property or properties held by petitioner for any other person are as follows:
Under our Receipts and Disbursements program, we hold funds for some of our congregations. See attached Exhibit "C". Various congregations around the country have recorded title to real property in the name of Universal Life Church, Inc.
The following proceedings under the Bankruptcy Act or Title 11, United States Code have previously been brought by or against petitioner:
None.
a. At the time of filing of the original petition herein, certain property of the petitioner was in the hands of a receiver, trustee, or other liquidating agent, as follows:
None.
b. Within the two years immediately preceding the filing of the original petition herein, the petitioner made assignments of petitioner’s property for the benefit of creditors or general settlements with petitioner’s creditors, as follows:
None.
Things of value in which petitioner has an interest are being held by:
N/A.
a. The petitioner was a party to the following suits pending at the time of the filing of the original petition herein:
See attached Exhibit "D"
b. Within the year immediately preceding the filing of the original petition herein, the petitioner was a party to suits which where terminated, as follows:
See attached Exhibit "D"
c. Within the year immediately preceding the filing of the original petition herein, property of the petitioner was attached, garnished, or seized under legal or equitable process, as follows:
None.
During the year immediately preceding the filing of the original petition herein, petitioner made repayments on loans in whole and in part, and made payments on installemt purchases of goods and services, as follows:
None.
a. During the year immediately preceding the filing of the original petition herein, the petitioner made gifts, other tha ordinary and usual presents to family members and charitable donations, as follows:
None.
b.During the year immediately preceding the filing of the original petition herein, the petitioner transferred or made other disposition, either absolutely or for the purpose of security, of property, as follows:
Sold 1974 GMC Motorhome to Rudy Eller in February 1989 for $12,000;
Sold a Lincoln automobile to Manzanita Lowarch in March 1989 for $11,000;
Sold a Chevy van to Gary Hensley in June 1989 for $4,500;
See attached Exhibit "E" for sales of real property.