Attachment 20170330093113-560.p

20170330093113-560.p

SUPPLEMENT

Supplement

2004-11-08

This document pretains to ITC-214-19930330-00053 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141993033000053_1440412

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\‘«:;.; varTec Telecom, Inc*"? 5o+ ) > 2004
                                            November 5, 2004                        Geemah

VIA OVERNIGHT DELIVERY

Mariene H. Dortch, Secretary                                                        \-
Attention: Wireline Competition Bureau
Federal Communications Commission
Office of the Secretary
9300 East Hampton Drive
Capitol Heights, MD 20743

        Re:     Notification of Voluntary Chapter- 11 BankruptcyFiling Pursuantto §63.03(d)

Dear Ms. Dortch:

        Transmitted herewith on behalfofVarTec Telecom, Inc. ("VarTec‘"), pleasefind one (1) copy ofthis
correspondence for the Commission‘s review and records. This notice is madepursuant to §63.03(d) and
is intended to inform the Commission that VarTec as well as its subsidiaries, Excel Telecommunications,
Inc. ("Excel"), and VarTec Solutions, Inc. £/k/a eMeritus Communications, Inc. ("VarTec Solutions"), have
voluntarily filed for Chapter 11 bankruptcy in the Dallas Division of the United States Bankruptcy Court
for the Northern District of Texas under Case No. 04—81694—SAF—11. A copyofthe bankruptcy filing is
 enclosed for your records.

        VarTec and Excel both provide competitive local exchange services to customers throughout the
 United States, and VarTec, Excel and VarTec Solutions provide international long distance services to
 customers across the United States. This voluntary bankruptcy filing has not resulted in a change ofcontrol
 or ultimate ownership for the Companies. Additional information as required by §63.03(d) and §63.04(a)
 (1)—(4) to notify the Commission of this bankruptcy filing is provided below:                           '

        1) Name, address and telephone number of each company

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

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

                VarTec Solutions, 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 under the laws of the state of Texas.

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


3) Name, title, address and telephone numberof 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 of this 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.

                                              t l%ubglitted


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

Enclosure


     E varTec Telecom, Inc.
                                            November 5, 2004

VIA OVERNIGHT DELIVERY

Marlene H. Dortch, Secretary
Attention: Wireline Competition Bureau
Federal Communications Commission
Office of the Secretary
9300 East Hampton Drive
Capitol Heights, MD 20743

       Re:     Notification of Voluntary Chapter 11 BankruptcyFiling Pursuantto§63.03(d)

Dear Ms. Dortch:

       Transmitted herewith on behalfofVarTec Telecom, Inc. ("VarTec"), please find one (1) copyofthis
correspondence for the Commission‘s review and records. This notice is made pursuant to §63.03(d) and
is intended to inform the Commission that VarTec as well as its subsidiaries, Excel Telecommunications,
Inc. (*"Excel"), and VarTec Solutions, Inc. /k/a eMeritus Communications, Inc. ("VarTec Solutions"), have
voluntarily filed for Chapter 11 bankruptcy in the Dallas Divisionofthe United States Bankruptcy Court
for the Northern District of Texas under Case No. 04—81694—SAF—11. A copy of the bankruptcy filing is
enclosed for your records.          j

        VarTec and Excel both provide competitive local exchange services to customers throughout the
United States, and VarTec, Excel and VarTec Solutions provide international long distance services to
customers across the United States. This voluntary bankruptcy filing has not resulted in a change ofcontrol
or ultimate ownership for the Companies. Additional informationas required by §63.03(d) and §63.04(a)
(1)—(4) to notify the Commission ofthis bankruptcy filing is provided below:

        1) Name, address and telephone number of each company

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

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

               VarTec Solutions, 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 under the laws of the state of Texas.

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


3) Name, title, address and telephone number of the point of contactfor 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 of receipt of this 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.




                                      Me
                                      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 usedby 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 EINor other Tax 1.D. No,.                          Last four digits of Soc. Sec. No. / Complete EIN or other Tax I.D. No.
    {if more than one, state all):                                                                  (if more than one, state all):
                          75—2280200
    Street Address of Debtor (No. & Street, City, State & Zip Code):                                Street 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 Applicabie Boxes)
    Venue (Check any applicable box)
     M 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.
       [ 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
       C    Individual(s)                                 []     Railroad                                               the Petition is Filed (Check one box)
       B    Corporation                                   [      Stockbroker                           C Chapter 7                               B Chapter 11        [ Chapter 13
       D    Partmership                                   []     Commodity Broker                      C Chapter 9                               [J] Chapter 12
       C    Other,                                        D      Clearing Bank                         [ Sec. 304 — Case ancillary to foreign proceeding
                                Nature of Debts (Check one box)                                                                      Filing Fee (Check one box)
       [ Consumer/Non—Business                            N Business                                   B Fuil 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
       B Debtor estimates that funds will be available for distribution to unsecured creditors.
       [CJ] 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            O            0         O              2l              ©
‘[Estimated Assets
‘         $0 to            $50,001 to   $100,001 to    $500,001 to       $1,000,001 to   $10,000,001 o          $50,000,001 to       More than
          $50.000          $100,000     $500,000       $1 milion         $10 milion      $50 miltion            $100 million         $100 million
           O                  O            0                 Q               O                 O                     O                    m
     Estimated Debts
          $0 to            $50,001 to   $100,001 to    $500,001 to       $1,000,001 to   $10,000,001 to         $50,000,001 to       More than
          $50,000          $100,000     $500,000       $1 million        $10 million     $50 miltion            $100 million         $100 million
           O                  O            O                 0                0                 0                    0                    N


Official Form 1) (12/03)
Voluntary Petition                                                             Name of Debtor(s):                                    FORM B1, Page 2
(This page must be completed andfiled in every case)                              VARTECTELECOM, INC.

                              Prior Bankruptcey Case Filed Within Last 6 Years (If more than one, attach additional shoct).
 Location                                                                 Case Number:                         Date Filed:
Where Filed: — None —
             Pending Bankruptcy Case Filed by any Spouse, Partuer, or Afflliate 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) (IndividuaU/Joint)                                                   Exhibit A
I 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 undcr each such chapter, andchoose 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 individual
Code, specified in this petition.                                                               whose debts are primarily consumer debts)
                                                                               I, the anomn-y for the petitioner named in the foregoing petition, declare
                                                                               that I have informed the petitioner that [he or she} may proceed under
 KX                                                                            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.
                                                                                X
      Signature of Joint Debtor                                                     Signature of Attorney for Debtor(s)            Date

                                                                                                                Exhibit C
      Telephone Number (If not represented by attorney)                        Does the debtor own or havepossession of any property that poses
                                                                               a threat of imminent and identifiable harm to public health or
                                                                               safety?
      Date
                                                                                  D Yes, and Exhibit C is attached and made a part of this petition.
                            Signature of Attorney                                 W No
          is/ Daniel C. Stewart, SBT #19206500
      Signature of Attorney for Debtor(s)                                                       Signature of Non—Attorney Petition Preparer
                                                                               I certify that I ama bankruptcy petition prepareras defined in 11 U.S$.C.
       Daniel C. Stewart, SBT #19206500                                        § 110, that 1 prepared this document for compensation, and that I have
      Printed Name of Attorney 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 Avenue
      _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}
I 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
  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
                                                                                    V.SKC. §110; 18 U.S.C. § 156.
      Date


                                                     SCFHEDULE 1
                                                          TO
                                                 VOLUNT, AFY PETITION

The following affiliated entities (collectively, the "Debters") 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.                            1171104     Northern District of Texas     Affiliate
Excel Communications                            1171704     Northem District of Texas      Affiliate
Marketing, Inc.
Excel Management Service,                       11/71/04    Northern District of Texas     Affiliate
Inc.           C
Excel Products, Inc.                            1171104     Northern District of Texas     Affiliate
Excel Telecommunications,                       11/1/04     Northern District of Texas     Affiliate
Inc.

Excel Telecommunications of                     117104      Northern Disrict of Texas      Affiliate
Virginia, Inc.
Excel Teleservices, Inc.                        117104      Northem Dis‘rict of ‘Texas     Affiliate

Excelcom, inc.                                  11/104      Northem District of Texas      Affiliate
Telco Communications                            11/71,04    Northern Dis‘rict of ‘Texas    Affiliate
Group, Inc.

Telco Network Services, Inc.                    11/1704     Northem District of ‘Texas     Affiliate
VarTec Business Trust                           11/1/04     Norther 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                          11/1/04     Northern District of Texas     Affiliate
Company
VarTec Telecom                                  11/1/04     Northem District of Texas      Affiliate
International Holding
Company
VarTec Telecom of Virginia,                     11/1/04     Northern District of Texas     Affiliate
Inc.
#28435_1.00C


Danie! C. Stewart, SBT #19206500
William L. Wallander, SBT #20780750
Richard H. London, SBT #24032678
VINSON & ELKINS L.L.P.
3700 Trammel} Crow Center
2001 Ross Avenue
Dailas, 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.,              §     CASE NO. 04—81694—SAF—11
                                           §
           DEBTORS.                        §                  (Chapter 11)
                ~                           §      (Joint Administration Requested)

               NOTICE OF FILING OF CHAPTER 11 BANKRUPTCY CASE
                   AND PROTECTIONS OF THE AUTOMATIC STAY

TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE:
        3      On November 1, 2004 (the "Petition Date"), the following entities (the

"Debtors") each filed a voluntary 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 Communications Marketing; Inc.

        o      Excel Management Servi;:e, Inc.

        o      Excel Products, Inc.

        o       Excel Telecommunications, Inc.

        o       Excel Telecommunications of Virginia, lhc.

        o       Excel Teleservices, Inc.



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


              Excelcom, Inc.

              Telco Communications Sroup, Inc:.

              Telco Network Siervices , Inc.

              VarTec BBusiress Trust

              VarTec |ropartias, Inc.

              VarTec N Reso 1rce Services, Inc.

              VarTec {Solut ons, Inc.

              VarTec ""elecom Holdin 3 Compary

              VarTec ‘"elecom Intern:i itional Hoiding Sompany

              VarTec ""elecom of Virc inia, Inc:.

       2.     Pursuant to Bankruptcy Code <}; 262 and othe applicabls bar ;kruptcy le w,

the filing of ths Case:: operates as in autoinaltic st ay — a ‘ully enforceable federal law

injunction — prohibiting all eritities fom, among othar thing s:

              trie setof of any debt owing to any Dabtor that arose kefore the Petition
              Date;

              tie atter 1pt to terminate an exe cutory contract with any cf the Debtors;

              tie commenceinent or continuation of a judicial, administrative or other
              action or proceeding «against any Debtor that was or could have been
              commenced before the Petition Date;

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

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

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

              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

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

of Bankruptcy Code § 362.

                                           Respectfully submitted,

                                           VINSON & ELKINS L.L.P.
                                           2001 Ross Zvenue
                                           3700 Trammell Crow Center
                                           Dallas, Texas 7520°|
                                           Tel: 214—661—7299°
                                           Fax: 214—221)—7716


                                           By:           _Is! Daniel C. Stewart (11/1/}4)__
                                                  Daniel C. Stewart, SBT #1920650)
                                                  Willia m L. ‘Wallaincler, SBT #20780750
                                                  Richard H. London, 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



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Document Modified: 2019-04-09 02:28:19

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