andersen i partners · 2016. 8. 18. · fidelity insurance policy dkk 3,135.00 mileage dkk 3,404.94...

6
BRUUN & HJEJLE ANDERSEN I PARTNERS Our ref. 31064S-3-AHJ CREDITOR INFORMATION CIRCULAR NO.2 Report pursuant to section 125(1) of the Danish Insolvency Act Bankruptcy Court's reference no.: Name: Registered address: Business reg. no.: Reference date: Date of bankruptcy order: Trustee: Kolding Copenhagen Odense Hamburg SKS 521-489/2016 - The Bankruptcy Court in Odense Bios Ambulance Services Danmark A/S under konkurs (in bankruptcy) Blangstedgaardsvej 8, DK-5220 Odense Sø 35815619 25 July 2016 27 July 2016 Lawyer Henrik Selchau Poulsen, Bruun & Hjejle Lawyer Jan Bruun Jørgensen, Andersen Partners

Upload: others

Post on 05-Feb-2021

3 views

Category:

Documents


0 download

TRANSCRIPT

  • BRUUN & HJEJLE

    ANDERSEN I PARTNERS

    Our ref. 31064S-3-AHJ

    CREDITOR INFORMATION CIRCULAR NO.2 Report pursuant to section 125(1) of the Danish Insolvency Act

    Bankruptcy Court's reference no.:

    Name:

    Registered address:

    Business reg. no.:

    Reference date:

    Date of bankruptcy order:

    Trustee:

    Kolding Copenhagen Odense Hamburg

    SKS 521-489/2016 - The Bankruptcy Court in Odense

    Bios Ambulance Services Danmark A/S under konkurs (in

    bankruptcy)

    Blangstedgaardsvej 8, DK-5220 Odense Sø

    35815619

    25 July 2016

    27 July 2016

    Lawyer Henrik Selchau Poulsen, Bruun & Hjejle

    Lawyer Jan Bruun Jørgensen, Andersen Partners

  • In continuation of creditor information circular no. l, we, the trustees, hereby

    present a report pursuant to section 125(1) of the Danish Insolvency Act:

    On 27 July 2016, the Bankruptcy Court in Odense made a bankruptcy order

    against Bios Ambulance Services Danmark A/S, Blangstedgaardsvej 8, DK-5220

    Odense, company reg. no. 35815619. Bankruptcy proceedings against the

    company were commenced on the basis of a petition filed by a creditor and

    received by the Bankruptcy Court on 25 July 2016, which date is thus the

    reference date of the estate.

    The Bankruptcy Court appointed Lawyer Henrik Selchau Poulsen, Bruun & Hjejle,

    and Lawyer Jan Bruun Jørgensen, Andersen Partners, as trustees of the estate in

    bankruptcy.

    A fidelity insurance policy in the amount of DKK 2,500,000 has been taken out

    with Tryg Forsikring A/S under policy no. 67462141.

    Redirection of letters has not been requested.

    The company's bankers were Rabobank Nederland and Danske Bank A/S.

    Statements of account for a two-year period prior to the reference date have

    been requisitioned.

    On 2 August 2016, creditor information circular no. 1 was sent to all ascertained

    creditors pursuant to section 124 of the Danish Insolvency Act.

    1. Information about the company

    The company was founded on 20 March 2014 with a share capital of DKK

    500,000 paid up in cash at the price of 100. The founder of the company was

    Aktieselskabet Stakemann, Kronprinsessegade 18, 1306 Copenhagen K and the

    company is a so-called shelf company.

    According to a report from the Danish Business Authority, the company is wholly

    owned by Cetorhinus Maximus B.V.

    The registered auditor of the company was Baker Tilly Denmark Godkendt

    Revisionspartnerselskab. The auditor took up the appointment on 23 November

    2015.

    Page I 2

  • According to its registration with the Danish Business Authority, the object of the

    company was to provide ambulance services, and the activities of the company

    have consisted thereof.

    2. Assets and administration of the estate to date

    Since the date of the bankruptcy order, the trustees have been endeavouring to

    preserve the activities of the estate, preserve the assets of the estate and

    register any claims against the estate, negotiate a transfer of the business and

    prepare the completion thereof.

    On the same day as the bankruptcy order was made, the trustees entered into

    an agreement with the Region of Southern Denmark on continued operation, to

    the effect that the company's ambulance services could be continued.

    Briefly, the object of the agreement was that the estate should continue the

    usual operations of the company. If and to the extent that the operations should

    be loss-making, the Region of Southern Denmark would cover the loss in

    relation to the estate.

    Subsequently, the trustees have examined the market to find potential buyers of

    the company's assets and activities.

    On the basis thereof and following negotiations and a due diligence process, an

    agreement has been made with the Region of Southern Denmark on sale of the

    majority of all the company's assets and activities, except for i.a. any amounts

    receivable concerning the period prior to the bankruptcy.

    The date of completion is no later than three working days after the Danish

    Competition and Consumer Authority's approval of the transfer. The Danish

    Competition and Consumer Authority approved the agreement on 12 August

    2016 and consequently the date of completion is 18 August 2016.

    Until then, the agreement on the continued operation of the estate continues to

    be in effect.

    The transfer takes place at book values less 15 %. The purchase price has not yet been finally determined.

    The purchase price is due and payable on 15 September 2016. It concerns free

    funds for the estate, as the assets have not been charged.

    Page I 3

  • The preliminary statement of assets and liabilities is as follows:

    3. Assets and liabilities

    Assets:

    Balance with Danske Bank

    Balances with BIOS's lawyer - prepayment

    Sale of operating machinery, equipment, stocks,

    leasehold improvements, deposits, etc. -

    not yet calculated

    Paid Kontorsupermarked A/S

    DKK 718,074.43

    30,737.84

    DKK

    DKK 1,990.00

    Claims relating to reimbursement, e.g. concerning DKK

    maternity/paternity leave ?

    Claims relating to any disputes, e.g. claim against

    Falck of which notice has been given

    Repayment of premium

    DKK

    DKK

    Total assets, estimated so far DKK

    Liabilities:

    Claims under section 82 of the Insolvency Act,

    lodged so far: DKK 1,140,464.07

    Claims under section 93 of the Insolvency Act,

    lodged so far: DKK 750.00

    Claims under section 94 of the Insolvency Act,

    lodged so far: DKK 101,722.02

    Claims under section 95 of the Insolvency Act,

    lodged so far: DKK 3,057,486.17

    Claims under section 97 of the Insolvency Act,

    lodged so far: DKK 48,402,338.78

    ?

    ?

    ?

    ?

    Page 14

  • Claims under section 98 of the Insolvency Act, DKK 31,786,391.00

    lodged so far:

    Total liabilities, lodged so far DKK 84,489,152.04

    Costs:

    Fee, bankruptcy petition DKK 750.00

    Danish Official Gazette, notice DKK 281.25

    Fidelity insurance policy DKK 3,135.00

    Mileage DKK 3,404.94

    Meals DKK 3,373.16

    Total costs DKK 10,944.35

    In addition, there will be additional costs incurred in connection with the

    administration of the estate.

    4. Future estate administration

    The trustees' future estate administration is at present expected to consist in:

    Completion of the transfer to the Region of Southern Denmark;

    Recovery of any reimbursement claims belonging to the estate, e.g.

    relating to maternity/paternity leave;

    Handling of legal actions and disputes;

    The Falck matter;

    Continuous registration of claims against the estate and subsequent

    adjudication of claims and the related handling of various questions from

    creditors and employees, etc.;

    General tasks of estate administration, including examination of voidable

    transactions, management liability and management disqualification as a

    result of bankruptcy.

    5. Future information to creditors

    Before 25 November 2016, the creditors will receive a detailed statement of the

    status of the estate in bankruptcy and the reasons for the bankruptcy.

    By creditor information circular no. 1 of 2 August 2016, all ascertained creditors

    were requested to lodge their claim with the trustee, accompanied by

    Page I 5

  • documentation of the claim, within four weeks of the date of the bankruptcy

    order. If no claim is lodged, no further information about the administration of

    the estate will be sent, just as claims that have not been lodged will not be

    considered in connection with the administration.

    6. Communications to the trustee

    Inquiries to the trustee regarding the administration of the estate should be

    addressed to Lawyer Rasmus Moliin, [email protected] or Lawyer Rikke Licht

    Bøtcher, [email protected], who assist the undersigned trustees with the administration of the estate.

    Claims against the estate should be lodged with biosanmeldelse@andersen- partners.dk. Please address any communication relating to the lodging of claims

    to Secretary Jeanette Lehn Lille-Sellebjerg at biosanmeldelse@andersen-

    partners.dk.

    Copenhagen, on 17 August 2016

    ~(JL Henrik Selchau Poulsen,

    Bruun & Hjejle

    Page I 6