SPWP,I guess Trustee did not like read all bold part??Unreal.
IN THE UNITED STATES BANKRUPTCY COURT
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
IN RE §
§
SUMMIT NATIONAL CONSOLIDATION, § CASE NO. 02-39372-H1-11
INC. § (Chapter 11)
§
DEBTOR §
§
______________________________________________________________________________
MARIO QUENNEVILLE’S EMERGENCY MOTION TO DISMISS CHAPTER 11
______________________________________________________________________________
TO THE HONORABLE UNITED STATES BANKRUPTCY JUDGE:
COME NOW, in proper person, MARIO QUENNEVILLE, the majority shareholder and the majority creditor, who files this Motion to Dismiss Chapter 11 proceeding and in support thereof would respectfully show unto this Court as follows:
1. On March 18, 2002 Mario Quenneville entered into an agreement with Walter Davis (Summit National Consolidation Group Inc) and both agreed that Mario Quenneville would make all corporate decisions.
2. On March 26, 2002 Mario Quenneville signed an agreement in Florida to purchase 65% of all the stock of Summit National Consolidation Group Inc. and Mario Quenneville became the decision maker for the corporation. (EXHIBIT 102)
3. On March 26, 2002 the Headquarter of Summit National was moved to Florida.
4. On March 26, 2002 Walter Davis appointed Mario Quenneville to the Board of Summit.(EXHIBIT 103)
5. On April 10, 2002 the transaction between the parties was completed in Florida and Mario Quenneville became the majority shareholder of Summit and made all corporate decisions. An Employment Agreement for Mario Quenneville was signed.(EXHIBIT 104)
6. On April 25, 2002 Walter Davis filed a false 8-K with the Security and Exchange Commission without consulting Mario Quenneville.(EXHIBIT 105)
7. On June 10, 2002 Walter Davis sent a false press release throughout the Newswire nationwide without the consent of Mario Quenneville.
8. In June 2002 Walter Davis sold A-1 Bayou a subsidiary for $80,000.00 and kept the money for himself. Davis also sold another subsidiary, EISP, for $50,000.00 and kept the money for himself.
9. During May, June and July, of 2002 Mario Quenneville received documents showing that Walter Davis had concealed valuable information regarding the company prior to the transactions of March 18, March 22 and April 10, 2002.
10. On July 10, 2002 Mario requested in writing information from Walter Davis and questioned Davis about the unauthorized issuance of stock to various people (Stock Certificate numbers 5044- 5045-5046-5047-5048 for a total of 6.3 million shares) and the reinstatement of old stock from 2000 (Certificate numbers 4035-4184-4186-4140-4235-5027-5040 for a total of 10,561-581 shares) and shares issued after the agreement (stock numbers 5042-5115-5114-5107-5058-5062-5060-5039-5111-5059 for a total of 5,562,000 unauthorized shares) and the transfer to a third party of 4,000,000 free trading shares to raise personal cash (stock Certificates numbers 5108-5092) Grand total of 26,423,581 unauthorized shares were issued by Davis without authority.
11. On July 19, 2002 Walter Davis forwarded, without authority, documents to Tom Shavez a Market Maker licensed by the NASD. The document explain that the US Bankruptcy court assessed a $42,000,00 judgment against Walter Davis for a payroll loan made to a subsidiary in which he received repayment as a priority creditor. The board of Summit indemnified him by giving him 20 million shares valued at $400,000.00.
12. On August 7, 2002 a temporary Restraining Order was granted by the state court against Summit and Walter Davis Case No. 98-00360B in the 55 Judicial District Court of Harris County Texas. A hearing was set for August 20, 2002. On the same order, the State Court Judge issued a Turnover Order pertaining to certain properties and Interlabs assets. Mario Quenneville was not informed by Davis.
13. On August 11 and 13, 2002 Walter Davis informed Mario Quenneville that he would resign from the Board of Directors of Summit.
14. On August 15, 2002 an emergency Board meeting of the shareholders was held in Florida.
15. On August 15, 2002 Walter Davis was removed from the board of directors by the majority of the shareholders.
16. On August 15, 2002 a new Board of Directors was elected.
17. On August 16, 2002, Walter Davis without the knowledge of Mario Quenneville reissued an old press release dated May 2002 to create a new interest and to manipulate the stock price and sell his Free Trading Shares. As a 10% owner of a publicly traded company Walter Davis failed to request permission from the Security and Exchange Commission.
18. On August 17, 2002 Jeffery Karshmer council for Petterson/Little contacted Mario Quenneville and sent a copy of the Turnover Order and the Temporary Restraining Order. Case No. 98-00360B in the 55 Judicial District Court of Harris County Texas.
19. On August 18, 2002 Mario Quenneville started questioning Nelson Jones about the case. Walter Davis was nowhere to be found.
20. On August 18, 2002 Mario Quenneville as the majority shareholder removed Nelson Jones as the counsel for Summit.
21. On August 19, 2002 Walter Davis issued another false press release to the public in order to sell his stock.
22. On August 20, 2002 Walter Davis appeared under subpoena in District Court with Petterson/Little and Walter Davis and Nelson Jones took action to avoid to be served and to conceal the information from Mario Quenneville.
23. On August 20, 2002, Walter Davis and Nelson Jones filed without any authority and without the knowledge of Mario Quenneville an unauthorized relief under Chapter 11 of Title 11 of the United States Bankruptcy Court for the Southern District of Texas. On the behalf of Summit National Consolidation Group, Inc. (hereinafter referred to “Summit”).
24. On September 2002 Mario Quenneville filed an Amended Motion to show Authority. The Motion is still pending.
25. On January 2003, Mario Quenneville filed an objection to the Disclosure Statement.
26. On December 17, 2002 Walter Davis and Nelson Jones filed a false disclosure statement with this court.
27. On January 2, 2003, the transfer agent Thomas Laucks advised Mario Quenneville that Walter Davis had lied on March 26, 2002 about the number of shares issued in Summit.
28. On January 3, 2003 the transfer agent Thomas Laucks advised Mario Quenneville that Walter Davis had issued to himself at total of 18 million illegal shares on March 18, 2002 and had failed to reverse himself when he did a reverse split in 2001.
29. On January 7, 2003, a hearing was held to compel Summit to effectuate a Plan of
Reorganization on or before April 11, 2003. The Court prepared the Order and subsequently was entered by the Court on January 9, 2003.
30. On May 28, 2003, the annual Shareholder meeting was held at the factory in Florida.
31. On May 13, 2003, (Docket No. 89) an Order Approving Disclosure Statement and
Setting Hearing on Confirmation was entered by the Court.
32. On June 22, 2003, the majority of the shareholders rejected the plan of reorganization.
33. The Plan of Reorganization hearing was conducted on July 9, 2003.
34. As the Docket Sheet will reflect, numerous unanswered motions were filed in this instant case to continue the hearing on the confirmation of the Plan and to seek cooperation from the principals of the Debtor in compliance with certain fiduciary responsibilities.
35. On August 20, 2003 (Docket No. 142) an Order Granting Application Comprise
Controversy and Dismissing Proceeding was entered by the Court. The case was closed by the Bankruptcy Court on November 17, 2004.
36. On December 15, 2004, a Motion for Enforcement of Settlement Agreement was
filed by Walter Davis and ultimately on June 11, 2004, Mr. Davis filed a Motion to Reopen Chapter 11 case.
37. The Court set a Status Hearing on January 31, 2005, on the Order Reopening
Chapter 11 case. This Order was entered by the Court.
38. On February 12, 2005 Mario Quenneville paid Walter Davis in full and this was confirmed by the transfer agent on February 14, 2005.
39. On February 15, 2005 the transfer agent confirm that Walter Davis shares had been received by him in accordance with the settlement agreement.
40. On February 16, 2005 Troy Wilson counsel for Walter Davis called Eugene Pitman Attorney for Quenneville to inform him that they would join Mario Quenneville to dismiss the bankruptcy case on February 17, 2005. Mr. Pitman advised Mario Quenneville that his presence was not needed in court on February 17, 2005.
41. On February 17, 2005 Troy Wilson council for Walter Davis faxed to Mr. Eugene Pitman a copy of the Motion to Dismiss to be presented to the court immediately.
42. On February 17, 2005 Troy Wilson failed to present to the court the Motion To Dismiss.
43. On February 17, 2005, the United States Trustee filed an Application for Order
Approving the Appointment of a Chapter 11 Trustee. The United States Trustee consulted with Eugene J. Pitman, counsel for Debtor and/or Mario Quenneville and Troy J. Wilson, attorney for Walter Davis regarding the appointment of Charlie Gerhardt as Trustee.
44. On February 17, 2005, Judge Isgur signed the Order Directing Appointment of the Chapter 11 Trustee. Subsequently, Charlie Gerhardt was appointed and approved as the Chapter 11 Trustee to conduct and manage the affairs of the Debtor.
45. Mario Quenneville did not stop operations in February and met with the Trustee in Houston during the EPPS convention for Summit (Superwipes Inc.) in April, 2005.
46. On April, 2005, The Trustee met with Mario Quenneville and several shareholders and creditors in Florida. Mario Quenneville cooperated and gave to Trustee all requested information plus more and Trustee sent them by Fedex to Houston.
47. The Trustee agreed on that meeting to sublease the building located at 611 Florida in Ozona, Florida during his trip to Florida in April. The current total due for rent is $46,184.80.
48. The proposed Settlement Agreement was received by Mario Quenneville without the schedules attached.
49. The List of Creditors provided by Mr. Cowgill is inaccurate. Most of the creditors have been settled and paid by Mario Quenneville since 2002.
50. On April 25, 2005 and in good faith Mario Quenneville personally sent to the Trustee Charlie Gerhardt $32,500 as requested to expedite this case and bring it to conclusion.
51. The Trustee has failed to analyze in deepness this Chapter 11 case filing and it is apparent to all interested shareholders who represent 90% of the company that the Trustee has taken sides (bias). The company has operated from Florida since March 26, 2002 and the venue should have been in Florida.
52. At the time of this filing Summit was not in financial trouble and was capable of operating efficiently and raising all capital necessary to continue its business plan.
53. Due to the lack of cooperation of the Trustee and the failure in providing all necessary information to this court, it is noticeable that of all relevant information concerning this case and all documentation provided by Mr. Quenneville is not going to occur. After reviewing all information, the Settlement Agreement, which is attached to the Trustee’s Motion for Authority to Approve Compromise should be denied and is in the best interest of the estate and the shareholders.
54. Since the filing of this unauthorized Chapter 11 by Walter Davis and Nelson Jones in 2002, Mario Quenneville and the Shareholders have suffered tremendous and irreparable damages.
55. If the Court does not approve the proposed Compromise of Controversy the dismissal of the Chapter 11 case is in the best interest of the shareholders and the company. The dismissal will allow the company to operate normally on an ongoing business.
56. It is not feasible to convert this case or attempt to continue in a Chapter 11
proceeding and the major basis for that analysis is the fact that Mr. Quenneville did not ceased all operations of 2/22/05 as described by Trustee and the company still have the opportunity and the capability to fulfill contracts and seek new accounts.
57. Mr. Quenneville believes that the Trustee will not and did not present this case properly to this court and believes that the Trustee will not provide the entire information to this court; this Chapter 11 Debtor cannot confirm a plan or continue the operations of the Debtor. In the event that the Court does not approve of the Trustee’s Compromise and Settlement Agreement, Mario Quenneville and the shareholders believes that it is in the best interest of the estate for the above referred Chapter 11 case be dismissed and to continue its operations normally.
58. The conversion of this Chapter 11 is not economically advisable and would not benefit any of the creditors and shareholders of the estate.
59. A copy of this Motion has been sent to the known Creditors and Shareholders and all parties in interest who are entitled to receive notice.
WHEREFORE, PREMISES CONSIDERED, Mario Quenneville, in proper person, and the majority of the shareholders prays that the Court grant the Motion to Dismiss Chapter 11 Case for the reasons set forth above and for such other and further relief in law and in equity as this Court deems just.
Respectfully submitted this 7th day of October, 2005.
MARIO QUENNEVILLE INDIVIDUALLY AND ON THE BEHALF OF THE MAJORITY OF THE SHAREHOLDERS
By:_________________________________
Mario Quenneville
318 Causeway Blvd
Dunedin, Florida 34698
727-542-5782
Fax 866-829-1573
Email mario@superwipes.com
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing has been served upon the attached by Mario Quenneville to the US Trustee and to all parties requesting notice via first class mail, proper postage affixed and email, on this 7th day of October, 2005.
____________________________________
FOR THE SOUTHERN DISTRICT OF TEXAS
HOUSTON DIVISION
IN RE §
§
SUMMIT NATIONAL CONSOLIDATION, § CASE NO. 02-39372-H1-11
INC. § (Chapter 11)
§
DEBTOR §
ORDER DISMISSING CHAPTER 11 CASE
Came on for consideration the Motion to Dismiss Chapter 11 Case filed by Mario Quenneville, on SUMMIT NATIONAL CONSOLIDATION, INC., and it appearing to the Court that the Chapter 11 filing was inappropriate and without authority. Further, it appears that all parties entitled to receive notice have received a copy of the Motion. It is the Court’s opinion that said Motion should be granted. It is
ORDERED that Mario Quenneville’s, CEO and majority shareholder of SUMMIT NATIONAL CONSOLIDATION GROUP, INC., Motion to Dismiss Chapter 11 is hereby GRANTED; it is further
ORDERED that the Debtor, SUMMIT NATIONAL CONSOLIDATION GROUP, INC., Case No. 02-39373 is hereby DISMISSED; it is further
ORDERED that the U. S. Trustee is to pay the outstanding rent for the Debtor out of the funds he collected in this matter so the debtor can continue its operations.
ORDERED that the Court finds the Corporate Headquarters for the Debtor were transferred
Pre-petition to Florida and for that reason any further dealings with the Debtor must be pursued
in the Federal District Court for the District of Tampa Florida.
SIGNED this __________ day of October, 2005.
______________________________________
UNITED STATES BANKRUPTCY JUDGE
MARVIN ISGUR
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