Attachment 20170321160120-433.p

20170321160120-433.p

SUPPLEMENT

Supplement

2004-11-08

This document pretains to ITC-214-19970415-00212 for International Global Resale Authority on a International Telecommunications filing.

IBFS_ITC2141997041500212_1436564

                                                                           Streamilined          1TC—214—19970415
                                                                              1    cabsians  inco  Mehtnrni  Dnca
                                                                           vartec Solutions, Inc., Debtor—in—Pos



  3
NY3E                                                                        RETURN COPY
     Varfec Telecom, Inc.
                                                                            RECD Nov i 7 2004
                                            November 5, 2004
                                                                                      RECENEDnererrey;
                                                                                              INSPECTED
VIA OVERNIGHT DELIVERY
Marlene H. Dortch, Secretary                                                                NOY 0 8 2004
Attention: International Bureau                                                           Fams
Federal Communications Commission                                                   E:_(_'_'_AMEB_QS_)MI
Office of the Secretary
9300 East Hampton Drive
Capitol Heights, MD 20743

       Re:   _ Notification of Voluntary Chapter 11 BankruptcyFiling Pursyantto§63.24

Dear Ms. Dortch:

        Transmitted herewith on behalf of VarTec Telecom,Inc. ("VarTec"), pleasefind five (5) copies of
this correspondence for the Comunission‘s review and records. This notice is made pursuant to §63.24 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 Rankruptcy 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.

        VarTec and Excel both provide competitive local exchange services to customers throughout the
 United States, and VarTec (ITC—90—152), Excel {ITC—93—145) and VarTec Solutions (ITC—97—227) provide
 international long distance services to customers across the United States, VarTec, Excel and VarTec
 Solutions are authorized by the Commission to provide international switched resale telecommunications
 services. This voluntary bankruptcy filing has not resulted in a change ofcontrol or ultimate ownership for
 the Companies. Additional information as required by §63.18 to notify the Commission 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 under the laws of the state ofTexas.

       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 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.




                                       Melissa 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 VoluntaryChapter 11 BanlcruptcyFiling 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. f/k/a eMeritus Communications, Inc. ("VarTec Solutions"), have
voluntarily filed for Chapter 11 bankruptcy in the Dallas Division ofthe United States Bankruptcy Court
for the Northern District of Texas under Case No. 04—81694—SAF—11. A copy of the bankniptcy 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 resultedin a change ofcontrol
or ultimate ownership for the Companies. Additional information as requiredby §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 organizied ‘ander the laws of the state of Texas.

       Exzel Telecommunications, Inc. is organized undier tie laws of the state of Texis.

       VarTec Solutions, Irc. is crganized under the law;:s of ths state of Dilaware.



3) Name, title, address anc! telep hone number of the poin: of contact fo}: this correspondence

       Melissa A. Drennan, Esq.
       Vice President — Extemiail Legal Aftairs
       VarTec ‘Celecom, 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.




                                              [ &4
                                         C   I 4
                                       Melissa A. Drennan, Esq.
                                       Vice President — External Legal Affairs

Enclosure


(Official Form 1) (12/03}

 FORM B1                                    Unitec! Sita zes Bankt uptc ‘y Court                                                                           Voluntary Petition
                                                       Northern District of Texas

 Name of Debtor (if individual, enter Last,
                                         Fus,_h
                                              fiddle):                                                    Name of Joint Debtor (Spou c) (Last, First, Niiddle):
  VARTEC TELECOM, INC.

                                                                                                          ww
     All Other Names used by the Debtor in the las 6 yeirs                                                All Other Names used Ty_;}; Jcint Debtor ‘n ‘he last 6 yeais
     (include married, maiden, and trade names):                                                          (include maried, maidlen, ar d trade names}:




     Last four digits of Soc. Sec. No. / Complete EIN or ather Tax |.D. No.                               Lastfour digits of Soc. Set.P 0. / Cemplete EDT or other Tax LD. No.
     {if more than one, state all):                                                                       (i"mon: thin one, state all):
                           75—2280200
     Street Address of Debtor (No. & Street, City,_S_ ate ZZip Coc:)-'.-_                                 Siteet Acdress ofloint Delxto . (No. & Street, City, State & Zip Code}:
       1600 Viceroy Drive
       Dallas, TX 75236

                                                        W22llilk z_
     County of Residence or of the                                                                        County of Residence « oi‘ths
     Principal Plece of Business:               Dallas Coun ty                                            Principal Place of Business:
     Mailing Address of Debtor (if different from sree: address):                                         Mailiig Address of Jc int 1Jel tor (if different from street adai)z




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


                                                       Inform ition Regardi:é T}: Jebtor (Check the Erpfl_ia \-I;EE ‘xes)
     Venue (Check any applicable box)
      M Debtor has been domiciled or has had a residence, prircipal pls se 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 130 days than in any other l)istrict.
        [ There is a bankruptcy case concerning debtor‘s affiliate, genura partner, or partneiship perding i1 this District.
                         Type of Debtor (Check all boxes that apply)                                                  Chapter or Section )f Bankruptcy Code Under V/hich
        C    Individual(s)                                 []      Railroad                                                       the Petitior is Filed (Check one box)
        B    Corporation                                   [       Stockbroker                              J Chapter *‘              BM Chapter 11        [] Chapter 13
        C    Partnership                                   [X      Commodity Broker                         D Chapter 9               [ Chapter 12
        C    Other,                                        C       Clearing Bank                            D Sec. 304 — Case ancillary to foreign proceeding
                                 Nature of Debts (Check one box)                                                                          Filing Fee (Check one box)
        [ Consumer/Non—Business                            N Business                                       B Full Fiting Fee attached
                                                                                                            C Filing Fee to be paid in nstallments (Applicable to individuals only.)
                 Chapter 11 Small Business (Check all boxes that apply)                                           Mustattach signed appl cation for the court‘s consideration
        C 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)                                                s

     StatisticalU/Administrative Information (Estimates only)                                                                                             THIS SPACEIS FOR COURT USE ONLY
        B Debtor estimates that funds will be available for distribution to unsecured credltors
        [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           16—49        50—99       100—1899         200—899     1000—over
                                                         O             O            [             O               0             E
‘[Estimated Assets
{A         $0 to            $50,001 to   $100,001to     $500,001to         $1,000,001to        $10,000,001 1          $50,000,001 to      More than
           $50.000          $100,000     $500,000       $1 milion          $10 milion          $50 million            $100 million        $100 milon
            O                  O            O                 OQ               U                     0O                    O                   d
      Estimated Debts
           $0 to            $50,001 to   $100,001 to    $500,001to         $1,000,001 to       510,000,001 to         $50,000,001 to      More than
           $50,000          $100,000     $500,000       §1 mitlion         $10 million         $50 million            $100 million        $100 million
            O                  Q            O                 0                C                     O                     O                   H


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

                                   Prior Bankruptcy Case Filed Within Last 6 Years (If more than one, attach additional sheet)
 Location                                                                       Case Number:                          Date 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
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 of title 11, United States Code, understand         [1 Exhibit A is attached and made a part ofthis 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 oftitle 11, United States                         (To be completed if debtor is an individual
Code, specified in this petition.                                                      &          whose debts are primarily consumer debts)
                                                                                I, the attorney 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 oftitle 11, United States Code, and have
      Signature of 1      stor                                                  explained the relief available under each such chapter.
                                                                                 X
      Signature of |      1t Debtor                                                  Signature of Attormey for Debtor(s)            Date

                                                                                                                 Exhibit C
      Telephone Ni        ber (If not represented by attorney)
                                                                                Does the 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 of this petition.
                                Signature of Attorney                              N No
            is/ Danic     2. Stewart, SBT #19206500
                                                                                                Signature of Non—Attorney Petition Preparer
      Signature of .       orney for Dsbtor(s)
                                                                                I certify that I am a bankruptcy petition preparer as defined in 11 U.S.C.
       Daniet C. S        wart, SBT #192065500                                  § 110, that I prepared this document for compensation, and thatI have
      Printed Name        ‘Attorney for Debtor(s)                               provided the debtor with a copy ofthis document.
      Vinson & EP         ins L.L.P.
      Firm Name                                                                      Printed Name of Bankruptcy Petition Preparer
      ©3700 Tram          »II Crow Center
       2001 Ross          venue
      _DaliasTX            201—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                                                            C              Names and Social Security numbers ofall other individuals who
                                                                                     prepared or assisted in preparing this document:
                Signature of Debtor (Corporation/Partnership}
I declare under penaity 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
                                                                                     U.SC. § 110; 18 U.S.C. § 156.
      Date


                                                    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.                            11/71/04    Northern District of Texas     Affiliate
Excel Communications                            1171704     Northem District of Texas      Affiliate
Marketing, Inc.
Excel Management Service,                       1171104     Northern District of Texas     Affiliate
Inc.           T
Excel Products, Inc.                            11/1104     Northern District of Texas     Affiliate

Excel Telecommunications,                       11/1/04     Northern District of Texas     Affiliate
Inc.

Excel Telecommunications of                     1171704     Northern District of Texas;    Affiliate
Virginia, Inc.
Excel Teleservices, Inc.                        11/71/34    Northem District of Texas:     Affiliate

Excelcom, inc.                                  11/1/1)4    Northem District of Texas;     Affiliate
Telco Communications                            1171714     Northern District of Texas;    Affiliate
Group, Inc.

Telco Network Services, Inc.                    1111344     Northem District of Texas      Affiliate
VarTec Business Trust                           11/1/04     Northern District of Texas     Affiliate
VarTec Properties, Inc.                         11/71/04    Northern District of Texas    A‘filiate
VarTec Resource Services,                       11//04      Northem District of Texas      Afiliate
Inc.
VarTec Solutions, Inc.                          11/1/04     Northern District of Texas    Affiliate
VarTec Telecom Holding                          11/1/04     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.
a20435_ 100C


Daniel C. Stewart, SBT #19206500
William L. Wallander, SEBT #20780750
Richard H. London, SBT #24032678
VINSON & ELKINS L.L.P.
3700 Trammell Crow Center
2001 Ross Avenue
Dailas, Texas 75201—2975
Tel: 214—661—7299
Fax: 214—220—7716
VarTec@velaw.com

PROPOSEDATTORNEYS FOR THE DEBTORS

        >            N 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)
                 n                           §     {Joint Administration Requested)

               NOTICE OF FILING OF CHAPTER 11 BANKRUPTCY CASE
                   AND PROTECTIONS OF 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"):

        o       VarTec Telecom, Inc.

        e       Excel Communications Marketing, Inc.

        o       Excel Management Service, Inc.

        o       Excel Products, Inc.

          o     Excel Telecommunications, Inc.

          o     Excel Telecommunications of Virginia, Inc.

          e     Excel Teleservices, Inc.



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


              Excelcom, Inc.

              Telco Semmuninations Sroup, ‘nc.

              Telco Ne tworl« S ervices Inc.

              VarTes l Jusines s Trust

              V arTes L‘ropertiis, Inc.

              \arTes Nlesourcs Services, Inc

              VarTe:s Solution s, Inc.

              VarTes Celecon Holding Compary

              VarTes Celecon Intemnitiong! Holding Sompany

              VarTtec Celecon of Virg‘nia, inc.

       2.     F ursuan to Elar kruptcy Code {} €62 anid other applicable bar kruptcy law,

th : filing of the: Case: opera‘ es as &n autornalic st iy — a fully enforceable: federal law

injunction — prohibitin 3 all er tities from, am n3 oth sr thing:s:

              the seto f of an debt owing t any D sbtor that arose before the Petition
              Liate;

              the atter ipt to tt rminate an executory ¢ ontract with any of the Jebtors;

              tie com nencer 1ent or continuiat on of a judi :ial, administra ive or other
              ection c proce ading zgainst any Debtor that was or coult 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 property of 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


        e      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 & ELLKINS L.L.P.
                                           2001 Ross Avenue
                                           3700 Trammell Crow Cionter
                                           Dallas, Texas: 75201
                                           Tel: 214—661—7299
                                           Fax: 214—220—7716


                                           By:           Is/ D:aniel C. Stewart (11/1/04)_
                                                  Daniel C. Steviart, SBT #19206500
                                                  William L. V/allarider, 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



Document Created: 2019-10-27 14:07:40
Document Modified: 2019-10-27 14:07:40

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