Attachment 20170328115529-150.p

20170328115529-150.p

SUPPLEMENT

Supplement

2004-11-08

This document pretains to ITC-214-19900713-00004 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141990071300004_1440194

fi Varlec Telecom, Inc.                                                      ;E]
                                                                           RECD
                                            November 5, 2004

VIA OVERNIGHT DELIVERY

Marlene H. Dortch, Secretary                                                               NOVv 0 8 2004
Attention: International Bureau
Federal Communications Commission
 Office of the Secretary
                                                                                         2C—maiLroom
                                                                                         20—
 9300 East Hampton Drive
 Capitol Heights, MD 20743

        Re:     Notification of Voluntary Chapter 11BankruptcyFiling Pursuan             §63.24
 Dear Ms. Dortch:

         Transmitted herewith on behalf of VarTec Telecom, Inc. ("VarTec"), ple          : find five (5) copies of
 this correspondence for the Commission‘sreview and records. This notice is ma           putsuant to §63.24 and
 is intended to inform the Commission that VarTec as well as its subsidiaries, Ex        | Telecommunications,
 Inc. ("Excel"), and VarTec Solutions, Inc. /k/a eMeritus Communications, Inc. (°        tTec Solutions"), have
 voluntarily filed for Chapter 11 bankruptcy in the Dallas Division of the United        ates Bankruptcy Court
 for the Northern District of Texas under Case No. 04—81694—SAF—11. A copy«              he bankruptcy filing is
 enclosed for your records.

         VarTec and Excel both provide competitive local exchange services to —          itomers throughout the
 United States, and VarTec (ITC—90—152), Excel [ITC—93—145) and VarTec Soluti            ; [ITC—97—227) provide
 international long distance services to customers across the United States. V           ‘ec, Excel and VarTec
 Solutions are authorized by the Commission to provide international switched 1          le telecommunications
 services. This voluntary bankruptcy filing has not resulted in a change ofcontrol       ultimate ownership for
 the Companies. Additional information as required by §63.18 to notify the Comt          sion ofthis bankruptcy
 filing is provided below:

         1) Name, address and telephone number of each coinpany

                VarTec Telecom, Inc.                            VarTec Solutions, Inc.
                 1600 Viceroy Drive                              1600 Viceroy Drive
                Dallas, Texas 75235                             Dallas, Texas 75235
                (214) 424—1000                                   (214) 424—1000
                Excel Telecommunications, Inc.
                1600 Viceroy Drive
                Dallas, Texas 75235
                (214) 424—1000



                                                     1600 Viceroy Drive
                                                     Dallas, Texas 75235


2) The state of organization for each company

       VarTec Telecom, Inc. is organized under the laws of the state of Texas.

       Excel Telecommunications, Inc. is organized underthe laws ofthe state of Texas.

       VarTec Solutions, Inc. is organized under the laws of the state of Delaware.


3) Name, title, address and telephone number of the point of contact for this correspondence

       Melissa A. Drennan, Esq.
       Vice President — External Legal Affairs
       VarTec Telecom, Inc.
       1600 Viceroy Drive
       Dallas, Texas 75235
       (214) 424—1505


4) Name, address, citizenship and principal business of any person or entity that directly or
indirectly owns at least ten percent (10%) of equity of each company and the percentage
owned by each

       for VarTec Telecom, Inc.
       Name: CommuniGroup, Inc.
       Address: 27 South 2nd Street, Bay Springs, Mississippi 39422
       Citizenship: a corporation organized in Mississippi
       Principal Business: telecommunications
       Percentage of Ownership: direct, 82%

       for Excel Telecommunications, Inc.
       Name: Excelcom, Inc.
       Address: 1600 Viceroy Drive, Dallas, Texas 75235
       Citizenship: a corporation organized in Delaware
       Principal Business: holding company
       Percentage of Ownership: direct, 100%

       for VarTec Solutions, Inc.
       Name: Telco Communications Group, Inc.
       Address: 1600 Viceroy Drive, Dallas, Texas 75235
       Citizenship: a corporation organized in Virginia
       Principal Business: holding company
       Percentage of Ownership: direct, 100%


       VarTec appreciates the Commission‘s time and attention in reviewing this filing. Acknowledgment
and date ofreceipt ofthis correspondence are respectfully requested. Please date—stamp the enclosed return
copy ofthis letter and return it in the self—addressed stamped envelope. Please contact the undersigned with
any questions regarding this correspondence directly at (214) 424—1505.




                                      Melidsa A. Drennan, Esq.
                                      Vice President — External Legal Affairs

Enclosure


(Official Form 1) (12/03)
FORM B1                                 United States Bankruptcy Court                                                                                Voluntary Petition
                                                  Northern District of Texas

Name of Debtor (if individual, enter Last, First, Middle):                                          Name of Joint Debtor {Spouse) (Last, First, Middle):
   VARTEC TELECOM, INC.


All Other Names used by the Debtor in the last 6 years                                              All Other Names used by the Joint Debtor in the last 6 years
(include married, maiden, and trade names):                                                         (include married, maiden, and trade names):




 Last four digits of Soc. Sec. No. / Complete EIN or other Tax L.D. No,.                            Last four digits of Soc. Sec. No. / Complete EIN or other Tax LD. No.
 {if more than one, state all):                                                                     (if more than one, state all):
                                  75—2280200
 Street Address of Debtor (No. & Street, City, State & Zip Coade):                                  Strest Address ofJoint Debtor (No. & Street, City, State & Zip Code):
   1600 Viceroy Drive
   Dallas, TX 75236


 County of Residence or of the                                                                      County of Residence or of the
 Principal Place of Business:               Dallas County                                           Principal Place of Business:
 Mailing Address of Debtor(if different from street address):                                       Mailing Address of Joint Debtor (if different from street address):




 Location of Principal Assets of Business Debtor
 (if different from street address above):


                                                  Information Regarding the Debtor (Check the Applicabile Boxes)
 Venue (Check any applicable box)
  K Dcbtor 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.
    J There is a bankruptcy case concerning debtor‘s affiliate, general partner, or partnership pending in this District.
                     Type of Debtor (Check all boxes that apply)                                                Chapter or Section of Bankruptcy Code Under Which
    [ Individual(s)                                   [] Railroad                                                       the Petition is Filed (Check one box)
    R Corporation                                     [] Stockbroker                                  C Chapter 7               B Chapter 11         [ Chapter 13
    D Partnership                                     D Commodity Broker                              C Chapter 9               C Chapter 12
    C Other,                                          C Clearing Bank                                 [ Sec. 304 — Case ancillary to foreign proceeding
                             Nature of Debts (Check one box)                                                                         Filing Fee (Check one box)
    D Consumer/Non—Business                           N Business                                      B Full Filing Fee attached
                                                                                                      J Filing Fee to be paid in installments (Applicable to individuals only.)
             Chapter 11 Small Business (Check all boxes that apply)                                         Must attach signed application for the court‘s consideration
    [ Debtor is a small business as defined in 11 U.S.C. § 101                                              certifying that the debtor is unable to pay fee except in installments.
    L Debtor is and elects to be considered a small business under                                          Rule 1006(b). See Official Form No. 3.
         11 U.S.C. § 1121(e) (Optional)                                              ~


  Statistical/Administrative Information (Estimates only)                                                              s                             THIS SPACEIS FOR COURT USE ONLY
    W 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:
  Estimated Number of Creditors                    115           1849        50—99       100—199          200—899     1000—over
                                                    O            s            0             O               A              @
‘IEstimated Assets
       $0 to            $50,001 to   $100,001t0    $500,001 to       $1,000,001 to       $10,000,001 t          $50,000,001 to       More than
       $50.000          $100,000     $500,000      $1 millon         $10 million         $50 miltion            $100 million         $100 millon
       J                   O            O                O               U                     0                     O                    I
  Estimated Debts
       $0 to            $50,001 to   $100,001to    $500,001 to       $1,000,001 to       $10,000,001 to         $50,000,001 to       More than
       $50,000          $190,000     $500,000      $1 million        $10 million         $50 million            $100 million         $100 million
        O                  C            O                OQ               C                     U                    OQ                   N


Official Form1) (12/03)
                                                                             Name of Debtor(s):                                     FORM B1, Page 2
Voluntary Petition
(This page must be completed andfiledin every case) .                          VARTEC TELECOM, INCG.

                               Prior Bankruptcy Case Filed Within Last 6 Years (If more than one, attach additional sh«:et)'
 Location                                                                 Case Number:                        JDate Filed:
Where Filed: — None—
             Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor(If more than one, attach additional sheet)
Name of Debtor:                                                              Case Number:                           Date Filed:
ISee attached Schedule 1.
District:                                                                    Relationship:                          Judge:


                                                                        Signatures
                 Signature(s) of Debtor(s) (IndividuaUJoint)                                                  Exhibit A
1 declare under penalty of perjury that the information provided in this     (To be completed if debtor is required to file periodic reports (e.g., forms
petition is true and correct.                                                10K and 10Q) with the Securities and Exchange Commission pursuant to
[If petitioner is an individual whose debts are primarily consumer debts     Section 13 or 15(d) of the Securities Exchange Act of 1934 and is
and has chosen to file under chapter 7] I am aware that I may proceed        requesting relief under chapter 11)
under chapter 7, 11, 12, or 13 oftitle 11, United States Code, understand       [ Exhibit A is attached and made a part of this petition.
the relief available under each such chapter, and choose to proceed under
chapter 7.                                                                                                    Exhibit B
I request relief in accordance with the chapter of title 11, United States                     (To be completed if debtor is an mdxwdual
Code, specified in this petition.                                                              whose debts are pnmanly consumer debts)
                                                                             I, the attorney for the petitioner named in the foregoing petition, declare
                                                                             that I have informed the petitioner that [he or she} mayproceed under
 X                                                                           chapter 7, 11, 12, or 13 of title 11, United States Code, and have
     Signature of Debtor                                                     explained the relief available under each such chapter.

     Signature of Joint Debtor                                                   Signature of Attorney for Debtor(s)              Date

                                                                                                              Exhibit C
     Telephone Number (If not represented by attorney)
                                                                             Doesthe debtor own or have possession of any property that poses
                                                                             a threat of imminent and identifiable harm to public health or
                                                                             safety?
     Date
                                                                                C Yes, and Exhibit C is attached and made a part ofthis petition.
                           Signature of Attorney                                W No
 X       is/ Daniel C. Stewart, SBT #19206500
     Signature of Aitorney for Debtor(s)                                                     Signature of Non—Attorney Petition Preparer
                                                                             I certify that I am a bankruptcy petition preparer as defined in 11 U.S.C.
      Daniet C. Stewart, SBT #19206500
                                                                             § 110, that I prepared this document for compensation, and that I have
     Printed Name of Attomey for Debtor(s)                                   provided the debtor with a copy of this document.
      Vinson & Elkins L.L.P.
     Firm Name                                                                   Printed Name of Bankruptcy Petition Preparer
      3700 Trammell Crow Center
      2001 Ross Avanue
     _Dalias, TX 75201—2975                                                      Social Security Number (Required by 11 U.S.C.§ 110(c).)
     Address
      (214) 220—7700 Fax: (214) 220—7716
     Telephone Number
                                                                                 Address
      October 31, 2004
     Date                                                                        Names and Social Security numbers of all other individuals who
                                                                                 prepared or assisted in preparing this document:
               Signature of Debtor (Corporation/Partnership}
1 declare under penalty of perjury that the information provided in this
petition is true and correct, and that I have been authorized to file this
petition on behalf of the debtor.
The debtor requests relief in accordance with the chapter of title 11,           If more than one person prepared this document, attach additional
United States Code, specified in this petition.                                  sheets conforming to the appropriate official form for each person.

 X _is/ David G. Walsh                                                       X
     Signature of Authorized Individual                                          Signature of Bankruptcy Petition Preparer
      David G. Walsh
     Printed Name of Authorized. Individual                                      Date

      Chief Restructuring Officer                                                A bankruptcy petition preparer‘s failure to comply with the
     Title of Authorized Individual                                              provisions of title 11 and the Federal Rules of Bankruptcy
      October 31, 2004                                                           Procedure may result in fines or imprisonment or both. 11
     Date                                                                        U.S.C. §110; 18 U.S.C. § 156.


                                                    SCHEDULE 1
                                                        TO
                                                 VOLUNTARY PETITION

The following affiliated entities (collectively, the "Debtors") will be filing, or have filed, voluntary petitions on
November 1, 2004:


Name of Debtor                 —Case            Date        District                       Relationship         Judge
                                Number          Filed                                      to Other Debtors
VarTec Telecom, Inc.                            1171704     Northern District of Texas     Affiliate
Excel Communications                            111704      Northem District of Texas      Affiliate
Marketing, Inc.
Excel Management Service,                       1171104    Northern District of Texas      Affiliate
Inc.          J
Excel Products, Inc.                            1171104     Northern District of Texas     Affiliate

Excel Telecommunications,                       111104      Northern District of Texas     Affiliate
Inc.

Excel Telecommunications of                     1171704     Northern District of Texas _   Affiliate
Virginia, Inc.
Excel Teleservices, Inc.                        11/1/}4     Northem Districtof Texas _     Affiliate
Excelcom, inc.                                  11/1/04     Northem District of Texas _ Affiliate
Telco Communications                            11/1/34     Northern Districtof Texas — Affiliate
Group, Inc.
Telco Network Services, Inc.                    11/1704     Northem District of Texas_     Affiliate
Vartec Business Trust                           1171704     Northern District of Texas     Affiliate
VarTec Properties, Inc.                         11/1/04     Northern District of Texas     Affiliate
VarTec Resource Services,                       11/1/04     Northem District of Texas      Affiliate
Inc.
VarTec Solutions, Inc.                          1171104     Northern District of Texas     Affiliate
VarTec Telecom Holding                          1171104     Northern District of Texas     Affiliate
Company
VarTec Telecom                                  11/1/04     Northern District of Texas     Affiliate
International Holding
Company
VarTec Telecom of Virginia,                     11/1/04     Northern District of Texas     Affiliate
Inc.
2204351.00C


Danie! C. Stewart, SBT #19206500
William L. Wallander, SBT #20780750
 tichard H. London, SBT #24032678
VINSON & ELKINS L.L.P.
3700 Trammel} Crow Center
2001 Ross Avenue
Dalilas, Texas 75201—2975
Tel; 214—661—7299
Fax: 214—220—7716
VarTec@velaw.com
PROPOSED) ATTORNEYS FOR THE DEBTORS

       =            IN THE UNITED STATES BANKRUPTCY COURT
                      FOR THE NORTHERN DISTRICT OF TEXAS
                                 DALLAS DIVISION

 IN RE:                                    §
 VARTEC TELECOM, INC., et al.,             g     CASE NO. 04—81694—SAF—11

           DEBTORS.                        g                 (Chapter 11)
                ~                          §       (Joint Administration Requested)

               NOTICE OF FILING OF CHAPTER 11 BANKRUPTCYCASE
                   AND PROTECTIONSOF THE AUTOMATIC STAY
TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE:

        1.     On November 1, 2004 (the "Petition Date"), the following entities (the

"Debtors") each filed a vofuntary petition for relief {collectively, the "Cases") under

chapter 11 of title 11 of the United States Code (the "Bankruptcy Code"):

        e      VarTec Telecom, Inc.

        o      Excel C'ommunications Marketing; Inc.

        o      Excel Management Servi;:e, Inc.

        o      Excel Products, Inc.

        o       Excel Telecommunications, Inc.

        o       Excel Telecommunications of Virginia, Inc.

        o       Excel Teleservices, Inc.



 NOTICE OF FILING OF CHAPTER 11 BANKRUPTCY CASE AND AUTOMATIC STAY            Page 1 of 3


              Excelcom, Inc.

              ~"elco Communications Group, :.

              ""elco N:stwork Services, Inc.

       e      arTec 3usiness Trust

       e      VarTec Propierties, Inc.

       &      \/arTec Resource Serv ces, In\

       e      \VarTec Solutioris, Inc.

       e      ‘/arTec Telecom Holding Ceom         1y

       e      ‘\ZarTtec Telecorn International     Iding Company

       &      ‘YZartec Telecorn of Virginia, In

       2.     Pursuar t to Bankruptcr Code         362 and other applicab e ba wkruptcy law,

the filing of the Cases operetes as an auto        ific s ay — a fully enfor :eable federal saw

injunction — pr ohibitirt g all entities fom, an   ig other things:

       o      the setcff of arly debt owing t      iny C ebtor thiat arose heforn: the Petition
              Date;

       o      the atteinpt to tarminat: an ex      itory sontrac| with any of the Debtors;

       o      the commencement o|: contin    :jon of a jud‘cial, administr: tive or other
              action ur proceeding against any Debtor that was or could have been
              commenced before the Petition Date;

       o      the attempt to recover on any claim against any Debtor that arose before
              the Petition Date;

       e      the enforcement, égainst any Debtor or against property of the estate, of
              any judgment obtained before the Petition Date;

       o       any act to obtain possession of property of the estate or to exercise
               control over property of the estate;

       e       any act to create,perfect,or enforce any lien against property of the
             _ estate; or



NOTICE OF FILING OF CHAPTER 11 BANKRUPTCY CASE AND AUTOMATIC STAY                    Page 2 of 3


        o      any act to collect, assess or recover a claim against any Debtor that arose
               before the Petition date.

        3.     Actions taken in violation of the automatic stay are void, and a violation of

the automatic stay is contempt of court.. Violation of the automatic stay can result in

liability for damages and, in appropriate cases, punitive damages. The Debtors

will enforce the rights and protections provided to them pursuant to the automatic stay

of Bankruptcy Code § 362.

                                           Respectfully submitted,

                                           VINSON & |ZLKINS L.L.P.
                                           2001 Ross Avenue
                                           3700 Trainmell Crow Center
                                           Dallas, Tiexas 75201
                                           Tel; 214—661—7299°
                                           Fax: 214—220—7716


                                           By:          _/s! Daniel C;. Stewart (11/1/04) __
                                                  Daniial C. Stewiart, SBT #19206500
                                                  Williaim L. W.allander, SBT #20780750
                                                  Richard H. LonJon, SBT #24032678

                                           PROPOSED ATTORNEYS FOR
                                           THE DEBTORS


881567_3.D0C




NOTICE OF FILING OF CHAPTER 11 BANKRUPTCY CASE AND AUTOMATIC STAY                 Page 3 of 3



Document Created: 2019-04-17 21:36:11
Document Modified: 2019-04-17 21:36:11

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