Text

Forwards Response to 890717 Request for Info Re Filings W/ Us Bankruptcy Court & Financial Capabilities.Ownership of Unclassified Equipment Remains Unchanged
	ML20246B167
Person / Time
Site:	05000000, 05000603, 05000604
Issue date:	08/08/1989
From:	Irving S; ALL CHEMICAL ISOTOPE ENRICHMENT, INC.
To:	Bernero R; NRC OFFICE OF NUCLEAR MATERIAL SAFETY & SAFEGUARDS (NMSS)
References
	25867, NUDOCS 8908230271
	Download: ML20246B167 (163)
	v • d • e

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NMSS Mr. Robert M. Bernero A'

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Director, Office of Nuclear g

Docxcictitx Material Safety and Safeguards

\\vp United States Nuclear Regulatory Commission

'W / U Washington, DC 20555 l

IN RE:

All Chemical Isotope Enrichment, Inc. Construction Permit, Docket 50-603 and 50-604

Dear Mr. Bernero:

Attached to this letter is a response to request for information, specifically designe6 to reply to your letter of July 17, 1989, and its attachment titled REQUEST FOR INFORMATION All Chemical Isotope Enrichment, Inc.

I hope the information provided herein will satisfy the concerns for the NRC.

Should you need any - further or additional information, or should you find-that any response does not meet the standard of your

concern, please adviso and I will see that additional, supplementary is immediately transmitted.

A1ChemIE appreciates the position of the NRC and the good work you have done to make this Technology Transfer successful.

Very truly.yours, Stephen A.

Irving Attorney at Law SAI/bc 890823027i 890808 l,

3 PDR ADOCK 05000603 FDC p

l Pine Ridge Office Park, Suite 202-B 702 filinois Ave., Ook Ridge, TN 37830 (615) 482-0029 258/07

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RESPONSE TO REQUEST FOR INFORMATION ALL CHEMICAL ISOTOPE ENRICHMENT, INC.

Comes now Stephen A.

Irving, Counsel of Record for All Chemical Isotope Enrichment, Inc.,

(A1ChemIE) in NRC Docket #50-603 and 50-604, and after being first duly sworn in accordance with law would make the following responses to said numerical requests with said responses being true to the best of his knowledge, information, and belief.

1.

Please provide copies of all A1ChemIE filings to date with the U.S.

Bankruptcy Court for the Eastern District of Tennessee (Case #89-01695RS-11A) as well as copies of all order, directives and other pronouncements of the Court to date related to the A1ChemIE case.

Make arrangements to provide copies to NRC of all such filings, orders, and directives promptly as they occur in the future.

RESPONSE

Attached to this response and marked exhibit 1 are true and exact copies of all bankruptcy pleadings filed as of August 7,

1989.

As future pleadings enter the bankruptcy file, A1ChemIE will transmit same to the NRC.

2.

A1ChemIE previously stated that two major factors in its financial capability to proceed with Facility-1, CPDF, were (a) its ownership of saleable, surplus equipment with an appraised value of $28 million; and (b) the availability of bank financing.

Explain in detail the current status of the availability of these two sources of funds.

Indicate and explain the underlying assumptions.

RESPONSE

A1ChemIE's ownership of unclassified equipment at DOE's GCEP facility at Piketon, Ohio, remains unchanged.

The appraised valuation of said equipnant by Marshall and Stevens, property appraisers, remains unchanged.

A copy of an updated certification from Marshall and Stevens is attached hereto as exhibit 2.

A1ChemIE has entered into a financing agreement which is basically of the venture capital type rather than conventional bank financing.

Our funding arrangement provides the same amount of funds as would be provided by bank financing.

A1ChemIE assumes that funds are funds.

Our current financing agreement provides for the input of all monies necessary to fulfill obligations with the DOE to decommission and decontaminate classified equipment, remove both classified and unclassified equipment at the GCEP facility in Piketon,

Ohio, and for necessary operational expenditures to become operative in the CPDF.

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3.

Please explain in. detail any alternate financing plan to 2.(a)Jend (b), above.

Indicate the projected dollar amounts for each assumed source of funds.

Indicate for each source the proj ected' data and amount of funds that will be provided.

Describe for each source the conditions that must be met before funds will be provided to A1ChemIE.

Indicate and explain ~ the underlying assumptions to the - projected alternate sources of funds.

RESPONSE

As stated above, A1ChemIE has entered into a financing arrangement with a private investment organization.

Under this arrangement, the investors will provide for A1ChemIE the $8 million surety instrument necessary to satisfy the DOE's contractual requirements.

Additionally, the investors will provide up to $6 million for A1ChemIE's operational requirements.

Of this amount, $2 million will be a capital investment, and the remaining $4 million will be in the nature of a loan, or.line of credit.

A1ChemIE will secure any debt financing (up to $4 million) with an appropriate debt instrument.

For the capital contribution, A1ChemIE will provide up to 60% of its common stock to the investment organization.

The $8 million bond will be protected by a

$10 million debenture.

A condition precedent to this arrangement.

is the approval by the DOE of the form and substance of any bond submitted by the investors to satisfy A1ChemIE's contractual arrangements with the DOE.

Upon such approval, the $2 million capital investment will be provided to the A1ChemIE Corporation, within six months.

The additional $4 million will be available on an as needed basis.

It is assumed that the A1ChemIE proformas are accurate, and that the bond provided and the funds provided will bo sufficient to enable A1ChemIE's full performance of the contractual agreements with the DOE, as well as enabling the company to get operational in the CPDF.

A1ChemIE's business plan assumes the sale of certain equipment at GCEP and the retention of other equipment for use in A1ChemIE's processes.

A1ChemIE has, at present, a substantial amount of equipment which has already been removed from the GCEP facility and is stored for sale purposes, awaiting court approval.

It is anticipated that removal of equipment and sale of our surplus equipment will proceed regularly, and in an orderly fashion, upon obtaining of the necessary court approval for such actions.

4.

Describe in detail the current status of A1ChemIE's bank i

loans, particularly those from the Anderson County Bank.

Indicate dollar amounts owed and past due.

Describe the effects of any defaults on collateral equipment.

Describe j

the collateral and indicate the effects on the Facility-1 financing plan if the bank takes possession of the i

collateral.

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RESPONSE

A1ChemIE's only bank loans are with the Anderson County l

Bank.

The current amount owed on these loans is approximately $2.9 million.

Once the A1ChemIE bond has been posted with the DOE and approved by the DOE, then $2 million of the above-stated amount will be removed by operation of law as the new bond supplants AlchemIE's former obligations.

The remaining amounts owed to the Anderson County Bank (approximately $900,000) will be paid off in an orderly fashion, through money generated from sale of A1ChemIE surplus equipment.

This has always been a part of the A1ChemIE business plan.

The Anderson County Bank loan is secured by a first security interest in A1ChemIE unclassified equipment, which enables payment of obligations to Anderson County Bank from up to S4 million dollars of A1ChemIE sales.

A copy of the UCC-1 form evidencing this is attached hereto as exhibit 3.

A1ChemIE's obligation to the Anderson County Bank is currently past due and payable.

It should be noted and stressed for purposes of this response that A1ChemIE's decision to enter into a reorganization came as result of the interplay between two l

primary factors:

(1) the February 20, 1989, directive by i

the DOE that A1ChemIE satisfy paragraph 4(a)(iv) of the A1ChemIE/ DOE contract by posting in advance a surety instrument in favor of the DOE in an anount of $8 million.

Both this amount and this approach to satisfy paragraph 4(a)4 of the A1ChemIE/ DOE contract was not anticipated by A1ChemIE.

Given the slight contamination in the classified GCEP equipment, A1ChemIE has had difficulty in finding a bonding company which is willing to provide the necessary surety instruments.-

This is particularly true in light of the current regulatory environment pertaining to disposal of classified contaminated waste.

In any event, as a consequence of the delay of time which has arisen in A1ChemIE's efforts to post the DOE-required bond, A1ChemIE has had to continue operations for seven months longer than anticipated as necessary before the $2 million escrow at Anderson County Bank was released.

This has led to I

increased interest cost, and an inability to reduce the $2 I

million principal in a timely fashion.

As a consequence, the Anderson County Bank, sent notice of foreclosure to A1ChemIE.

In a foreclosure situation, the major difference would be that the Anderson County Bank would be conducting sales operation instead of A1ChemIE.

Additionally, there would be potential additional fees and cost.

This in and of itself would not significantly affect the A1ChemIE business plan.

However, under A1ChemIE's control, sales would be conducted in a fashion to ensure that only equipment that is not process necessary for AlchemIE would be sold.

Under bank control this limitation would not necessarily apply, and A1ChemIE initiated this reorganization action in order to obtain protection from the potential sale of unclassified 1

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equipment which is necessary to A1ChemIE's processes and l

business operation.

A1ChemIE and the Anderson County Bank have now reached an accommodation whereby, once the required bond is posted and approved by DOE, no foreclosure will take place and the obligation to Anderson County Bank will be reduced and satisfied in an orderly manner.

5.

Please explain the effects of the foreclosure and related-actions by the Anderson County Bank and of A1ChemIE's filing with the Bankruptcy Court on A1ChemIE's financing plan to assure that decontamination and disposal of the classified centrifuge equipment will be accomplished.

Indicate the status of the letter of credit to accomplish this.

Describe in detail any alternate financing plan to accomplish decontamination and disposal.

RESPONSE

Much of this inquiry has been addressed above in response to question 4.

If A1ChemIE is still in bankruptcy court when its surety instrument is posted with the DOE, then said instrument will require court approval as part of A1ChemIE's reorganization.

If A1ChemIE is dismissed from bankruptcy court as of the time this surety instrument is posted, then, of course, no bankruptcy court action will be necessary.

A1ChemIE has now filed a Motion to Dismiss its reorganization action.

This may or may not occur.

J During the course of its negotiations with the DOE, A1ChemIE has suggested several alternative financing plans to accomplish decontamination and disposal.

Many of these are in accord with NRC suggested procedures as published in the

" Standard Format and Content of Financial Assurance Mechanisms."

For example, A1ChemIE has suggested an external sinking fund of monies generated from operation.

A1ChemIE has proposed to satisfy the bond requirements by the posting to the DOE of zero coupon bonds in an amount which, when matured, would equal S8 million dollars.

At this time, A1ChemIE wishes to keep open any alternate financing plan options which might satisfy DOE's reasonable concerns to accomplish decontamination and disposal.

Again, much of'this response relates to contractual matters between A1ChemIE and the DOE.

The $517,050 letter of credit provided to A1ChemIE for benefit of the NRC by the Anderson County Bank remains as a viable option to satisfy NRC concerns once the required bond is approved by the DOE.

6.

A1ChemIE has incurred (recently invoiced) licensing fee exrenses due the NRC of $177,589 for the period through Fe:ruary 10, 1989, in obtaining Construction Permits CPEP-1 and CPEP-2, and if work proceeds there will be fees recoverable by the NRC for inspections of A1ChemIE Facility-1 CPDF.

Furthermore, in obtaining the construction permits, A1ChemIE estimated that initial capital costs for

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-the safeguards systems at each f acility will be less than

$100,000 and that monthly operating costs at Facility-1 would be approximately $4,000.

Describe the means by which these expenses will be met.

RESPONSE

These expenses, both NRC licensing fee expenses and all costs for safeguards and security systems will be met by using funds provided by A1ChemIE's investment group.

7.

The Atomic Energy Act of 1954, as amended,- (the Act) contains in its Section 103.d specific prohibitions with regard to licensing a production facility subject to ownership,

control, or domination by aliens or foreign persons, corporations, or governments.

This is incorporated in Title 10 of the Code of Federal Regulations in paragraph 5 0. 33 ( d ) ( 3 )(iii ), paragraph 50.33(d)(4),

and paragraph 50.38.

Although these prohibitions do not preclude foreign investment, such investment must be adequately separated from direct ownership, control or domination of the Section 103 production facility.-

Provide complete information describing how the potential foreign investment in A1ChemIE (ref: Letter of A1ChemIE to DOE dated June 30, 1989) will be structured such that adequate separation from direct ownership, control, or domination is to be achieved.

RESPONSE

No foreign investor will receive any right to control or dominion of the A1ChemIE corporation until such time as the proposal for stock ownership has been approved by both the DOE and the NRC.

Under the A1ChemIE investment arrangement, it is anticipated that up to 27% of the A1ChemIE common stock would be held by an Australian investment group.

However, this group has been fully apprised that all foreign ownership and involvement in the A1ChemIE Corporation will undergo the scrutiny of both the NRC and the DOE, and must 1

be approved by same.

Accordingly, the foreign investment l

group has agreed to place any shares it might have right to acquire in a strict trust, controlled by an independent domestic entity satisfactory to both the NRC and DOE.

No shares would be issued from this trust to any foreign i

investor until such time as A1ChemIE had received advance approval of the intended transaction by the NRC and the l

DOE.

A Board of Directors correspondence further e !

elaborating on this arrangement is attached hereto as I

exhibit 4.

A1ChemIE is fully cognizant that neither license nor any right thereunder may be transferred unless the NRC finds the transfer as in accordance with the provision of the Atomic Energy Act of 1954, as amended, and gives it consent in writing.

l For additional information, a list of proposed investors is attached hereto as Exhibit 5.

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I In general,,to summarize, A1ChemIE is aware of the concerns and regulations involving foreign investment and foreign i,

interest in the A1ChemIE. operation.

.A1ChemIE will' obtain

~~ advance' approval from DOE and NRC prior to placing, any foreign investment group in a position whereby it could.

exercise control or dominion over.tho A1ChemIE operations.

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Respectfully submitted, ALCHEMIE, INC.

h Stephhn A.

Irving Attorney for A1ChemI Inc.

State of Tennessee County of Anderson Personally appeared before me, Ide/eg (J).

'[c_., a n.)tary in and for the county aforesaid, Stephen A.=Irving with whom I am personally-f amiliar and who attested that the foregoing

.statemente were.made to the best.of-his knowledge, information,

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-INFORMATION FOR INITIAL DEBTOR INTERVIEW DATE:

July 12,1989 All Chemical Isotope Enrichment, Itic.

CASE NAME:

CASE liUMBER:

3-89-01695RS-11A BUSINESS INFORMATION:

FUNCTION:

1sotope Separation 4-86 6

DATE STARTED / INCORPORATED:

NUMBER OF. EMPLOYEES:

PARTNERS OR SOLE PROPRIETORSHIP:

CORPORATE OPIICERS, TITLE t OF OWNERSHIP SALARY (past 12 mos,)

NAME Chairman Board

$ 50,963 9.682 Stephen A. Irving, of Dir. & Secretary 22.43 52,921 A. Andrew Carey Member Board of.Dir.

none Mitzi S. Miller, Membe hard of Dir.

4.191 CONDITIONS WHICH CAUSED THE CHAPTER 11 PETITION TO BE F Foreclosure by Anderson County Bank PROPOSED PLAN OF REORGANIZATION:

Full payment to all allowed creditors FINANCIAL CONDITION AS OF FILING DATE (ESTIMATES ARE

' CASH:

$2,000,007.53 INVENTORY: $13,000,000 - Equipment for sale unknown ACCTS. RECEIVABLE (TOTAL):

unk.nown AMOUNT UNCOLLECTIBLE:

n/a FIXTURES & EQUIPMENT:$ 50,027,000 VEHICLES:

REAL ESTATE:

VALUE DEBT LIEN HOLDER LOCATION / DESCRIPTION i

none none ACCOUNTS / NOTES RECEIVABLE FROM OFFICERS:

~hbf0bbbob OTHER SIGNIFICANT ASSETS:

$84,205.55

OF ACCTS: _

l OWING UNSECURED / TRADE ACCOUNTS:

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. DEBTOR INTERVIEW PAGE TWO TAXES:

AMOUNT TAXING AUTHORITY 32.45 City of Oak Ridge 391.97 TN Department of Unemployment W CLAIMS:

15 WAGES OWED:

$ 77,279.90 MOS. IN ARREARS:

1 8,668.05 RENT OWED:

$1,080.60 ACCOUNTS OR' NOTES PAk'ABLE TO OTTICERS:

(DO NOT REPEAT OBLIGATIONS LISTED UN SECURED DEBTS:

COLLATERAL AMOUNT SECURED PARTY

$63,000,000

$2,918,434 Anderson County Bank

$63,000,000

$ 440,000_

Financial Intensive. Care Corp.

cash flow requirements to service the COMMENTS:

Debtor was unable to meet Bank cave written of which Anderson County Anderson County Bank loan, as a result 20, 1989.

notice of foreclosure effective June Oe e

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DECLARATION OF DEBTOR w

I hereby declare under penalty of perjury that all All Chemical Isotope Enrichment, Inc.

- pre-Petition bank accounts of.

(Debtor)'

as' listed below*, were closed on (A1ChemIE)

. on. July 12, 1989 (Date)

Anderson County Ennk

. Depository Name and Address (City & State:)

Clinton,. Tennessee Account Name:

A1ChemlE. Inc.

Account Number: ~80-0234-7 Anderson County Bnnk Depository Name and Addresss (City & State:)_

.Clinton, Tennessee Account Name:

A1ChemTE.'inc.

80.02'b-9

' Account: Number:

Depository Name and Address (City & State:) Anderson County Bank Account Name:

A whnm1p Tnc Clinton, Tennessee Account Number: 80-0257-8 Depository Name and Addrecs (City & State:) Anderson County Bank Clinton,' Tennessee Account Name:

A1ChemTE. Tnc.

Account Number 30-0065-0 1

Page 1 u

d, DECLARATION OF DEBTOR I hereby declare under penalty of perjury that all pre-petition bank accounts of (Debtor) as listed below", were closed on on (Date)

Depository Name and Address (City & State:) Third National Bank Oak Ridge, TN 37830 Account Name:

A1ChemlE, Inc.

Account Number:

80-51232 Depository Name and Addresss (City & State:) Third Nat ional Itank 0ak Ridge TN 37830 Account Name:

A1ChemTE. lnc.

Account 1dmber: 015-10104-05 Depository Name and Address (City & State:)

Account Name:

Account Number:

Depository Name and Address (City & State:)

Account Name:

Account Number l

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I furthar declare under penalty of perjury that all monies have been transferred to the fellowing debtor in possession bank accounts *:

Third Nationni Ilank Depository Name and Address (City & State:)All Chemical 1stoope I'nrichment, Inc.

Oak Ridge, TN Account Name: Debtor in Possession 3-89-01695 RS11A Operat. ing Account.

Account Number: 8060932 Depository Name and Address (City & State:)

Account Name:

Account Number:

Depository Name and Address (City & State:)

Account Name:

Account Number:

I declare under penalty of perjury that the information provided above and on any attachment hereto is true to the best of my knowledge and belief.

July 12, 1989 (L.

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DEBTOR

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,1, INSURANCE EXPIRATION STATEMENT

NAME OF INSURANCE TYPE OF INSURANCE NAME OF EXPIRATION C3MPANY (LIABILITY, FIRE INDIVIDUAL AGENT DATE OF

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F1remans Fund Equipment Liability Tom Tupper 8-12-80 Premise 1,iability Tom Tonner R 1%RO First of Georgia i n g,, r,3 nc,,

Kentucky Central Jnsurance Companies Automobile Ins.

Neil 7. abo 7 10 On Travelers Ins. Co.

Workmans Comp Neil Zahn 2-17 90._

Provident Life Long t.crm Disabilit y Rusty Farrell onnoinn llealth, life, dental renewal date

& short term disabi_lity Rust v Farrell 2-15-90 Principal Mutual I declare under penalty of perjury that the iiiformation provided above and on rny attachments hereto is true and correct to the best of my knowledge and belief.

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O-July 12,1989 Debtor y

(Date)

President Title A. Andrew Carev Printed Name of Signatory

Attach a copy of the insurance binder or the first page of all I

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COMMERCIAL PACKAGE POLICY NEW DECLARATIONS ISSUED EFFECTIVE 00/15/00 09/01/00 AUGUSTA, GEORGIA lPP 4500126 08/15/00 08/15/09 AMERICA FIRST INSURANCE CD.

INSURANCE SERVICE GROUP, INC.

ACCOUNT 4100525 ALCHEMIE, INC.

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BOX 703 AGENT 702 ILLINDIS AVE CLINTON, TENNESSEE 4100525 OAK RIDGE. IN 37030 37716 PHONE?(615) 457-090i

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COMMON POLICY DECLARATIONS STANDARD TIME AT YOUR MAILING ADDRESS SHOWN A FOLICY PERIOD:

12:01 A.M.,

BUSINESS DE'SCRIPTION: WAREHOUSE PARTNERSHIP OTHER INDIVIDUAL CORPORATION FORM OF DUSINESS:

JOINT VENTURE 2N RETU1N FOR THE PAYMENT OF THE PREMIUM, AND SUDJECT TO ALL TH POLICY, WE AGREE WITH YOU TO PROVIDE THE INSURANCE AS STATED IN T AUDIT PERIOD IS:

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PREMIUM 100.00MP l COMMERCIAL PROPERTY COVERAGE PART N/A COMMERCIAL INLAND MARINE COVERAGE PART

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' LOC BLDG LOC DLDG LOC DLDG NO i NO NO NO NO NO NO.

lD'.VALUE:-

IRATION DATE 7ERAGE -

N/A

)UNT bCEMENT COST

.LDING lSONAL PROPERTY NO lLUDING-* STOCK'

& ION GUARD:

LDING

SUNAL PROPERTY N/A INITY.

!THLY LIMIT

N/A lIMUM~ PERIOD

FENDED PERIOD

SES.TO BUSINESS INCOME ONLY-

-TOTAL ADVANCE PREMIUM REFER TO COMMON POLICY DECLARATIONS W) 19 31

_q lg y m

,4 l

Ig g l

l

[gggy n u ers - l pyg [mgNNw3 I

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OESCFitPTION Ct. ASStFICATION

,$msj N.U7 !

6,',* 7 cve Mj',[

5',7,8,"

ra Year Model, Yrade Name. Body Type a

e,,,

3 am u

"*i,

!.img a.. pan, s mia.

usin Seriaf Number (S). Vehicle identalitation Number (VtN) l')du JEEP.

WA6NR 1JUNJ1*aV7JT0652 73910 N/A 0

h/A 2

1.00

.00 A

Dd filistsTOrif Town 4 5tain Wheee the Cove ed EXCEPT FOFI Towmg all phys cal dama.,e lose is payable to you and the Dreyndt Cosa feee g'[*

$,g*O Auto **881 tse lad *'Peny Se'aved loss piiyee nan.ed tat? low as enterrests may appear al the time of the toes

-23,000 U 005 OAK RIuGt T fv AuvANTAGC LEASING CL e /,

AGtssGY BILLLU l'dLIL4 Dy l lf t i I l YI I'/' - I'l 'I']I reces,qued 03/06/89

.,..-.4.,

-... v.....,., s.., a o n...

n........

T. <r " -

-i

a.7,%

lC+40 /Q~l. #..h_..,_ y.G,_:_ - MyM_....:5 e _

_.s.

m 0ALIM8.9Mn.......

i.

L C110 THE CONDnitor:0 CHO..a vi41H ~ HCvtn(St,tDJ OF 1HIS FOfwi.

[]

f 1HIS DINDER IS A TEMPORARY INSUGAIJCf 091JTRACT SUuJt:

--" ~

'~~

7.i~.iEii ho EXTENSION OF

encoucto courany X; ' INSURANCE ADMINISTRATORS, INC.

T_MVELERS,, INSURANCE _,CO.

,1677-NAZ,.,

al i i.: ' "" '"""" i,=

P.O. B0X 4998 n,.i r e u.m

',wn"A *j X

05/12/8 9

' --19:01.- 1

^ ",, ',

06/12/89 KNOXVILLE, TN 37921-0998 i

'NEIL A. ZABO, CPCU fl wir. i.,,o.ta..: e cou..c, n... m.o conn,u n. i[i[ ovt n,un i

~615/523-0451 1

Lui.+ u un ue,n

.u o e m t

.(

._,3 L"3"'""'"C"' V' U"i """"* ' " #8 ""#' '" '"**"'"' #' ' """U'48 CODE Sua.CODC

i. )

.f,

iINGURLD 4l ALCHEMIE, INC., ETAL l:,

702 S. ILLINOIS AVENUE PINE RIDCE OFFICE PARK, SUITE 202 B

{

OAK RIDGE, TN 37830 i

... >+

5 la *"r.. e1** n 'V "y*.ppp.Q~,p.

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!)LDUCIlutt CD...au,bu.*L.{

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e.

-...w bted unt a..Lm t. sit

+

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+

ut u.d.sc.

turitIr$ t. CUWlhAC10HS L Aoi occuhts.t.

- - * --* -.-( e41.Y Oht ilha.)

- - - - - * - - ~ - -

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. uau..

1 wonacas coun nsroou I5.100, 4

Ano enoc, ni..a, f 300,.

ruetovLns uAniuTv

,1,reciat conoino.ontsn.iciva.A>inai co.cnn.. a__....

.... _.... _. _ _. + 100,..

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4

9%

o PROVIDENT 4.V E LIFE AND ACCIDENT

,,, g INSullANCE COMPANY

..... ~

AtL PROV!stONS ON THE Al'IAC11tD PAGES ARE A CHATTANOOGA. TN 37402 PARI Of YOUllPOLICY (A STOCK COMPANY 1

=

w President and Sernor. eu President Cluot taucutwa Officer m,m,c,...,.

.,._m

.m-.

m-m _.,.-. m,

the Insured named below; "we,"

In this policy, the words "you" and "your" menn you, Insurance Company.

"our" and "us" mean Provident Life and Accident bject to We will pay benefits for covered loss result.ing from injuries or Sickness suLo nil of the provisions of this policy.

is issued in consideration a legni contract between you and us.

It d repre-in advance of the reqnf red premium and of your statements This policy is of the payment.

sentations in t.he application.

of the policy.

You can NON-CANCELi.AllLE AND CUARANTEED CONTINilA!!LE TO AGE 65 AT Gt continue t.his policy to age 65 by pay.ing premiums on Lime.

Policy Schedule on Page 3 are guaranteed to age 65.

You can renew CONDITIONAL Rf GIIT TO RENEW AFTER AGE 65; PREH10HS ARE NOT GUARA king full time; there is no this policy as long as you are actively and gainfully worYou must pay p titlnd " Premiums and Renewals."

limit.

(For further conditions, see the page licy.)

age See Page 7 for the benefit provisions that will be included in the continned of ranewals.

D I S A 11 I L I T Y INC0HE P O i. I C Y A ANDREW CAREY, the Insured Policy Number 6-335-77810 i

l 10 day right to examine your policy - We want. you to fully unde 1

through whom it. was purchased, within 10 days of satisfied with your policy.

the policy to us, or to the agentWe will refund any premiums you have paid within 10 d its receipt.

It. will be considered never to have been your notice of cancellation and the policy.

issued.

.<-_..a m

.m..

.~

m.m

,.~ V,..

Tl h,,wu,wi.

PROVIDENT b

LIFE AND ACCIDENT IN$LiltANC1' COMPANY CHATTANOOGA. IN 37402 Ali PilOVISIONS ON liff AlIACt ilD PAGt S Af {E A (A STOCK COMPNJY)

PAf ti OF YOUllI'OL ICY President and Senior, ce President Chief Executwe Othcer

. _. _ ~... _

In this policy, the words "you" and "your" mean you, the Insured named below; "we,"

"our" and "us" mean Provident Life and Accident Insurance Company.

We will pay benefits for covered loss resulting from Injuries or Sickness subject to all of the provisions of this policy.

Loss must begin while the policy is in force.

]

This policy is a legal contract between you and us.

It is issued in consideration of the payment in advance of the required premium and of your statements and repre-sentations in the application. A copy of your applicnLion is at.tached and made a part of the policy.

NON-CANCELLAllLE AND CUARANTEED CONTINUABLE TO ACE 65 AT GUARANTEED PREHIUHS: You can continue this policy to age 65 by paying premiums on time. The premiums shown in the Policy Schedule on Page 3 are guaranteed to ags 65.

CONDITIONAL RIC11T TO RENEW APTER ACE 65; PREMlUHS ARE NOT CUARANTEED: You can renew this policy as long as you are actively and gainfully working full time; there is no age limit. You must pay premiums on time at our premium rates then In ef fect at time of renewals.

(For further conditions, see the page titled " Premiums and Renewals."

See Page 7 for the benefit provisions that will he included in the continued policy.)

DISAB1LITY INC0HE POhICY STEPl!EN A 1RVING, the Insured Policy Number 6-335-778182 10 day right to examine your policy - We want you to fully understand and be entirely satisfied with your policy.

If you are not satisfied for any reason, you mny return the policy to us, or to the agent through whom it was purchased, within 10 days of its receipt. We will refund any premiums you have paid within 10 dnyn af ter we receive yoar notice of cancellation and the policy. It will be considered never to have been issued.

- -. ~ ~. - - - -.u

~ - -, - -.. - ~ -.. - - -

- ~ ~ - - -

w.

335

~

YROVIDENT NhD t

LIFE AND ACCIDENT i 4' INSURANCE COMPANY

.I.,,.,,,,,,.,,,,,

l CHATTANOOGA. IN 37402 Ali PilOVISIONS ON UIE AllACf ILD PAGE S AllE A (A STOCK COMPANY)

PAHf OF YOUR POLICY e

p

- 4 l

Senior ce Prer.ident President and Cruel Enecutwe Otticor i.i 1'

l.i r

6.

l In this policy, the words "you" and "your" mean you, the Insured named below; "we,"

"our" and "us" mean Provident Life and Accident Insurance Company.

We will pay benefits for covered loss resulting from Injuries or Sickness subject to all of 'the provisions of this policy.

Loss must begin while the policy is in force.

This policy is a Icgal contract between you and us.

It is issued in consideration of the payment in advance of the required premium and of your statements and repre-centations in the application. A copy of your application is att ached and made a part of the policy.

NON-CANCELLAllLE AND CUARANTEED CONTINUAllLE TO AGE 65 AT GUARANTEED PREH1UMS: You can continue this policy to age 65 by paying premiums on time. The premiums shown in the Policy Schedule on Page 3 are guaranteed to age 65.

CONDITIONAL RICIIT TO RENEW AFTER ACE 65; PREMIUMS ARE NOT CUARANTEED: You can renew this policy as long as you are actively and gainfully working full time; there is no age limit.

You must pay premiums on time at our premium rates then in ef fect at time of renewals.

(For further conditions, see the page titled " Premiums and Renewnis."

See Page 7 for the benefit provisions that will be included in the continued policy.)

D I S A !! I L 1 7 Y INC0HE POLICY

)

STEPl!EN A 1RVINC, the Insured Policy Number 6-335-778182 l

l 10 day right to examine your policy - We want you to fully understand and be entirely satisfied with your policy.

If you are not satisfied for any reason, you mny return the policy to us, or to the agent through whom it was purchased, wit hin 10 days of its receipt. We will refund any premiums you have paid within 10 days af ter we re cive l

your notice of cancellation and the policy. J L will be considered never to have been issued.

_, - -... a mm ~ a.

m..

.a....an

- ~e r

335 L___________

_ 27-89 551 PRINCIPAL MUTUAL LIFE INSURANCE COMPANY

-(FORMERLY BANKERS LIFE COMPANY)

'IEA. BENEFIT AND RATE CARD RENEWAL DATE 2-15 ALCHEMIE INC ACCOUNT NO. NO3G98-01166 702 S ILLINDIS AVE SUITE 202 B.

EFFECTIVE 2-15-89 0AK RIDGE TN.37830 LIFE INSURANCE - MONTHLY PREMIUM RATE PER $1,.000 0F THE MEMBER' S BENEF1T 100% OF ANNUAL SALARY MEMBER' S PREMIUMS-PER $1,000 ATTAINED AGE i$

.08 LESS THAN 30

.11 30 - 39

.23 40 - 44

.34 49

.53

'50 - 54

.94 I

L 55 - 59 1 FA Rn

. Ar Sa.e.c6.~.kh

/

yyg ik'22E.t me nar:.s g f!b?]

I WMP i

1 February 20, 1989 Acct Ho: N3698-1166 ALCHEMIE INC 702 S ILLINOIC AVE SUITE 202 B OAK RIDGE TN 37830 Subject to Thank you for your request to amend your Group Plan.a I

Doost 90-80, S250 change to Preferred Health Partnership PPO,for the Members of your group has Deductible $1000 Out-of-Pocket 1989.

been approved effective February 15, Sincerely

t. f 'llit 1

DONALD E WEITZEL f

cc:

Ron Meendering Gron@ Underwriting F

}

n

-___._....g.

' ACCOUNT NO.-NO3698-0116E fi['#!ALCHEMIE:ilNC.

o.

.o DEPENDENT LIFE: INSURANCE

.THE MONTHLY PREMIUM RATE PER FAMILY-1S'$.85 SPOUSE' S

. SCHEDULE OF BENEFITS

-ELIGIBLE' DEPENDENTS

$2',500

-SPOUSE

= CHILD.

250-14 DAYS::TO 6 MONTHS 6-MONTHS T0;-19 YEARS 1,000 O

s I

a l

l l25 IF YOU HAVE ANY OUESTIONS, CONTACT JUDY SHEEKS AT (308).389-4322.

c+>-

ACCOUNT NO. NO3698-01166 t#

{t

'ALCHEMIE INC-CLASSIFICATION SHORT. TERM DISABILITY A.- DWNER/0FFICER

(.

$ 350 B - - MANAGER 1350' C - SUPERVISOR 250 D - ALL OTHERS 250' SHORT TERM DISABILITY INSURANCE - MO PER $10 0F THE-MEMBER' S BENEFIT

' PAYMENT SCHEDULE 1-B. OCCUPATIONAL.

PREMIUMS PER'$10 AGE BRACKET'

$.41 LESS THAN 30

.41 30 -~39

.41 46 - 44 41 45'- 49'

.50 50

.54~

.61 55 - 59

.80 60

64-1.04 65 AND OVER IF YOU HAVE ANY 00ESTIONS, CONTACT JUDY SHEEKS 25 AT-(308) 389-4322.

t

t...au...$.

.. aua

,.y Kr)

GrDa.)

c) v -

V February 20, 1969 ALCHEMIE INC Acct No: N3698-1166 702 S ILLINOIS AVE SUITE 202 B OAK RIDGE TN 37830 Thank you for your request to amend your Group Plan.

Subject to all provisions of the above Plan, the requested medical plan change to Preferred Health Partnership PPO, Boost 90-80, $250 Daductible $1000 Out-of-Pocket for the Members of your group has been approved effective February 15, 1989.

Sincerely i L.Yh'lfU tt Ron Meendering cc: DONALD E WEITZEL Group Underwriting F (515) 247-6549 A

l

. w,, 2 L

ALCHEMIElINC

' ACCOUNT NO. NO3698-01166 DENTAL INSURANCE SCHEDULED PLAN PREMIUMS ADDITIONAL ADDITIONAL FOR SPOUSE ADDITIONAL MEMBER FOR SPOUSE

& CHILDREN FOR CHILDREN

$ 13.54.

$ 13.54

$ 23.28 9<75 BENEFITS UNDER DENTAL CARE UNITS 2 AND 3 MAY BE DEFERRED FOR SOME EMPLOYEES.

PLEASE REFER TO THE SCHEDULE OF DENTAL PROCEDURES IN.THE DENTAL-PLAN BOOKLET BEFORE SCHEDULING TREATMENT.

4 ANY CHANGE IN MONTHLY PREMIUM RATE DUF TO A CHANGE IN AGE SHALL BE EFFECTIVE ON THE FIFTEENTH DAY OF THE INSURANCE MONTH THAT NEXT FOLLOWS THE DATE OF SUCH CHANGE IN AGE; EXCEPT THAT ANY CHANGE IN A MONTHLY PREMIUM RATE DUE TO ATTAINMENT OF AGE 65 SHALL' BE EFFECTIVE ON THE FIFTEENTH DAY OF THE INSURANCE MONTH DURING WHICH THE MEMBER ATTAINS AGE 65.

WAITING PERIOD:

1 MONTH o

O s

O 25 IF-YdU HAVE ANY QUESTIONS, CONTACT JUDY SHEEKS AT'(308) 389-4322.

m t.u i.

U.ti. Crrp ratisn incomo Tax Return

~~2,oi.

Y $. p g

'a **ada m5 m:= res'=aia, J.u,1y. L,........ ts.s, din,,Jner. 3.0,....is.07..

< g_ p) omnum e,

nn.enut nie r.e ur, hismall(evuiuc semta '

> fg r Ptperw:rk Riductt:n Act N:tice, s:e page 1 cf the instructlIns.

l Checkif a-Use.

Name Numbre asuhtsect t;dy us tunn.s,iate,and /u'tude D. cmployes identificatten numbst b2__12Ob*lO2 (EI

_All. Chemical 13o[, ope jdnflCluuCHL.Anc.

A Cunsolidatedsetum 3

! Dd'e "x"' pad 8'd

8. Personal Holdmg Co Other.

C.tiusmen coaeno c.ee wise

.102..Sv. Illinois _ Avenue, Suite 202 B 1986 s$ ~

I Iotal assets (see specilic leastsucleuses)

EII g ug g

2815 se trpe.

_ Oak nir1rm, TN 37830 Donars cont.

C. Check t.ua af there has been a thange us adasess hum the piewmus year

>l R,5 700.031 la Causs e ceipts or sales b less setuins and allowances.

. 0d >

Ic l

2 Cost of Ecods scid and/or operations (Schedule A).

2 3 Gross profit (line lc lessline 2).

3

'h 4 Dividends (Schedule C) 4

_5 14,101 8

5 interest 4

3 6 Gross tents 6

h 7 Grossroyalties.

7 6

8 Capital gain net income (attach separate Schedule D).

8 9 Net gain or (ioss) from form 4797, line 17. Part it (attach form 4797).

9 10 Other income (see instructions-attach schertute).

10 11 TOTAlincome-Add lines 3 through 10 and enter here..........>

11 1,,1, n1 12 Compensationof officers (Schedule E)

__1_2_

13a Sa!ariesandwages.............................,b Less jobscredit.................... Bala nt.e >

,,13_c_

14 Repairs 14 15 Dad debts (Schedule Fif reserve method is used).

_15 16 Rents.

16 17 Taxes.

17 18. Interest 18 19 Contributions (see instructions for 10% limitation).

19_

~

7Jg@

_20

/

20 Depreciation (attach form 4562) 3 21 Less depreciation claimed in Schedule A and elsewhere on return.

21a 21b

.8 22 Depletion.

22 5

23 Advertising

_2,3 24 Pension, profit sharing. etc.. plans 24 25 25 Employee benefit programs 26 Other deductions (attach schedule). From,F,or,m,!aS62.....

26 6,636 27 TOTAL deductions-Add lines 12 through 26 and enter here.

27 6,636 28 Taxable income before net operating loss deduction and special deductions (line 111ess line 27).

28 (2,235) 29 Less: a Net operating loss deduction (see instructions).

29a b Special deductions (Schedule Cl 29b 29c 30 Taxable income (line 28 less line 29c).

30 (2,235) 31, 0

31 TOTAL TAX (Schedule J).

32 Payments: a 1985 overpayment credited to 1986 E/// ///f//g/fqQ//i f

b 1986 estimated tax payments

/44,#44/###/u/#//Edd c

Less 1986: 'und applied for on form 4466.

(

)

x d

Tax ceposited with form 7004 13 e

Credit frorn reculated investment companies (attach form 2439).

f Creoit for federal ta x on Ea soline and special luels (attach form 4136),

32 33 Enter any PENALTY lor underpaymerit of estimated tax-check > C if form 2220 is attached.

_33 34 T AX DUE-Il the totalof lines 31 and 33 is larger than line 32, enter AM0t>NT OWED.

34 0

35 OVERPAYMENT-if line 32 is larger than the total of hnes 31 and 33. enter AM0tJNT OVERPAID 35 36 [ uter amount of line 35 vou want: Credited to 1987 estimated tas >

Refunded >

36 j

Undu penaihes of pequey.1 declase that I have e manuned tins seturn.,includa.g accompanynir schcouses arus statements, m.J to the t est or my basuwie Please uener. a uue. conect. =ui compicie. oeciani.on oi e.eva m touie u.an ia.ca,e<> is oasec on au nao,mahun oi -hich p. epa.m i.as ant nou oge.

k

$h l ri,b / )

k

('{ {i k signatureofu flere er Date /

Idae Data Cheth of Psepaeer's sonat se:cursty punaibi'r E

b U

( 8_

/

[l,%n'$p' a w N. m Q s o u g u.c'._c w s _ c. m m r.,,nsn.meto, gry am a m

,N 3m, a,so noa,ess 34 ii 0;' tlf IA trai,4 J H w____.___-._---

(

R fodu I!?o(198(4 IQc 3 ff@fN Tax Computati:n (See instructions)(Fiscal year corporations see page 12 of instructions beiore compteting Schedule J)

'f [b i f

1 Check if you are a member of a controlled croup (see sechons 1561 and 1563)

. >l )

}hj3 2a H hne l is checked. i.ee instructions. Enter your portion of each $25.000 texable inconie bracket amount:

l

~,7 8f (1) $....................th) $................... 0 h) $................... (n) $................. $M5&pygg,ft)Mydd bil your tax year includes July 1,1987, see instructions and enter share of tax bracket amounts is)............... (h)...................

3 locome tax (see instructions LOJgure the tax; enter this tax or alternative tax.whichever is less). Check

. h,,,,, 'ifT

,,9,,,,,,,,,,,

if alternative tax is used >

N 4a foreign iax credit (attach form ll l 8) 4a b Possessions tax credit (attach forrn 5735).

___b gh 4

c Orptwn drug credit (attach form 6765)

,,,.C,,.

d Credd for fuel produced from a nonconventional source (see in-dd8

',g

e

, ie h

)

structi:.ns) d e

General business credit. Enter here a.sd check which forms are D h

6, a[ta{hed Uform 3800 C form 3468 U forrn 5884$

M N e

L_.I form 6478 0 ro,m 8007 rorrn67c5 0 rorm858s.

4.n. EE e

S Total-Add hnes 4a through 4e.

-_ 5 6 Line 3 less line 5.

_6 0

--7 7 Personal holdinE company tax (attacti Schedule PH (Form 1120)).

B Tax from recomputing prior year investment eredit (attach form 4255) 8 9 Minimum tax on tax preference items (see instructions-attach form 4626)

_.9 10 Total tax-Add hocs 6 throuch 9. Enter here and on hne 31 pace 1.

Io o

Additional information (See instruction f) fes No. e) Enter highest amount owed to the corporation by such I,'s Ng,

(

H Did the corporation claim a deduction for esp es connected with:

& VJ owner during the year >....................

g' ph (1) Entertainment facihty(boat. resort. ranch.etc)?.

X N ote: Tor purposes oll(lj and l(?). "h(ghest amounl owed" includes loans and accoun/J rectaable/papble.

k (2) Living accommodahons(except employees on business)?

&{

(3) Imployees attendmg conventions or meetuigs outside the North 3',

J Refer to the list in the instructions and state the principal y

Anierican area? (See section 274(h))

_l.

Busmess activity >..!$3 ppfAc tt)f,1JT....,,....

(4) [mployees'famihes at conventions or mechngs?

,J, hoductorservice >..lforJp) pry;ot. AT, lgot ppm g,

if "Yes," were any of these conventions or meetings outside the g2 y$

K Was the corporation a U.S. shareholder of any controlled loleign flu H North Anuican area? (See settion ?/4(h))

corporation? (See sect ons 95 t and 957.).

..h,X, (5) Imployee or family vacations not reported on form W ??

J, if "Yes,":ttach iorm 5411 for each such corporation.

i' I (1) Did the corporahon at the end of the tan year own,directly or T L At any time during the tai year. did the corporahon liave an interest j 'y indirectly. 50% or more el the voting stock of a domestic h h in or a signature or other authority over a imanciat account in a dl 3M corporahon!(f or rules ol attribution. see section ?67(c).).

foreign country (such as a bank account. secordies account, or h fh if "Yes." attach a schedule showing- (a) name, adJtess. and k

other financialaccount)?.

idenhlying number; (b) percentage owned, (c) tatable income or f5I (See instruction I and f ling requirements for form 1D f 90 ??.l.)

N@,k (toss) tefore NOL and special deductions (e g. If a fonn 1170:

t,k N$

If "Yesl' enter name of foreign country >...............

trom form !!?0. hne ?B. page 1) of such corporation for the tan N h M Was the corporation the grantor of, or transferor to a foreign trust L

yeat endmg with er withm your las ycar;(d) tughest amcunt owed h h which existed during the current tai year. whether or not the N try the corporahon to such corporation during the year; and (e)

$ h corporation has any benehtial irderest in it ?.

,X tughest amount owed to the corpo ation by such corparabon f

11 "Yes," the corporahon may have to f le iorms 35?0. 35?0 A.or 9?S. I,f{,

during the year.

N Dunne this tai year, did the corporation pay dividends (other than g (2) Did any indwidual. partnership, corporation. estate. or trust at stock dmdends and distribubons in exchange for stock)in eacess el the g the end of the tai year own, directly or induettfy 50% or more 3L 1 corporation's current and accumulated canungs and piofits? (See T/E 4

of the corporation's voting stock? (for rules of attnbuhon, see

'l' sechons 301 and 315.).

,, X section 267(c))lf"Yes,* comp lete(a)through(e).

Y,,

If "Yes," ide form $452. ll this is a consolidated retura, answer (a) Attach a schedule showing name. address, and identifying 7'

igj here for parent corporation and ca form 851. Allikations Schedute, h g

]

number.

c for each subsidiary.

g g (b) Enter percentageowned >

-} 4 0 During this tax year did the corporation mamtain any part of its his l

(c) Was the owner of such voting stock a person other than a g p accountmg/tas records on a computerized systern?.

7,,

', l P Checksthodof accounting:

M.,,h I

U.S. person? (See inst uchont) Note: II "res.* Ihr 2 f T

corporaljon may have lo file form 5472..

(1)

Cash

,{ $'}

if "Yes." enter owner's country >.............

,I,,

(2) l Accrual

$ TM (d) Inter highest amount owed by the corporation to such S

hW) q (3)

Other (specify) >..............,......, $

owner during the year >

$f M Q Check this box il the corporahon issued pubhcly ottered debt

?M v

W instruments with originalissue discount.

h 4 Id 1

ti 50. the corporal on may have to hie form 8781, b $,

o as..e on I

w two l

a

c. g g Depreciation and Amcrtizatign "8 "' I5" 0"1-

' ment or the leenury.

S23 67pirst)Instructlins.

i Intemar Hevenue serdre

> Attach this form to your return.

Sequente No 67_

Idenurying numbas luum(s)as piown on estuen All Chemteal Istope Enrichment, Inc.

62-1286782 i

ousmess os acimiy to misch ines tuem seletes Enrielunent of Istonen Depreciation (Do riot use this t att for automobiles. certain olhur vehicles. computers. and property usud for J

enlunalltmorit. recreation. Or amusement instead, use Part lit.l t

See instrucroons undur Iron You Should Nore far new ruics for certain assers jdaced in service ahor July 31. 1996.

Seetlott A.-Election To Emperise Recovery Property (Section 179) 1 (e)Classof property (td Cost (c) bpense deduction k

2 Listed property-Enter totaf froen Part ill.Section A. column (h).

3 lotal(see instructions for limitations). (Partnerships or S corporations-see the Schedule K and Schedule K 1 Instructions of form 1065 or 1120S)

Section D.-Depreciation of Recovery I'roperty (b) Date (t) oasis for depreciation

(*I $"#

(a) Class of property I

piaced m (Dusu3ess use unir-see Idl '[j'Y g,g",;,,

(r) Deduchon netwece uihtfuchons) deprenaison t%p;WJM,h@7@,d h,hfh h,?[tMx;>hh 4 Accelerated Cost Recovery System (ACRS)(see instructions): for assels pbcedin servicc 0N LY is f

l during tan year beginningin 1986 Ws a 3-year property I'

h, hh N;pg,y,$,j,3gy l

b S year property ggy y

Y,N @'

l

f%s.ggggg'g,!

(

c 10-year property 20 F" 23 d 15 year public utility

. property e Low income housing f 15-year realproperty l

g 18 year realproperty l

h 19 year real property I

4 5 Listed property-Enter total from Part 111. Section A. column (E).. -

+...

6 ACRS deduction for assets placed in service prior to 1986 (see instructic1s)

Section C.-Depreciation of Nontecovery Property i

l 7 Property subject to section 168(e)(2) election (see instructions) i 8 Other depreciation (see instructions) l Section D.--Summary l

9 0 depreciation from form 456?A(see instructions).

10 Total (add deductions on lines 3 throudh 9). Enter here and on the Depreciation line of your return (Partner.

ships and S corporations-Do NOT include any amounts entered on hne 3.).

I:ITIUI Amort!zation (e) Amostda (a) Descey$0n of psoperty (b) Date acquhed

$I,C"

\\

f

","" ** "".s e"'

d

('8

,b t

mem 5' 8/f'T'7)i775/Fr5FitFJE3

_ 1 Amortintion Ior property placed in service only during tax year beginning in 1986 Wd@rS W l.

Organization and year ender startun costn 6-30-87 402.Shh Ph8/195 60 6,636

__2 Amortization ior property ptated in service ptior to 1986.

3 Total. Enter here and on Other Deductions or Other Expenses line of ynur return.

6,636 S2e Papeswork rteduction Act Notka en page I of the separate instructions. Preparer's Edition wir seso ao anurir form 4562 oses)

C_______

..;,. ~

All Chemical Isotope Enrichment, Inc.

62-1286782 Amortization of Organization Expenditures _

July 1, 1986 - June 30, 1987 All Chemical Isotope Enrichment, Inc, elects to amortize its orgainzational and startup expenses ratably over a 60-month period, under Code Sections 248 and 195. The following information is submitted as required by the appropriate Regulations:

Descrips: ion of expense Date incurred Amount Schedule Attached Fiscal year

$402,543.91 ended 6-30-87 1

Month taxpayer began business:

June, 1987 Amortization period:

60 months i

e

C: -

9 All Chemical Isotope Enrichment. Inc.

62-1286782 Organizational Expenses

$ 43,837.55 Professional compensation Fringe benefits 1,585.00 Bank charges 104.27 Consultants 165,774.14 Depreciation expense 2,200.00 Dues ans suberiptione 560.56 Brochure 6,164.98 Business r,.eals and, entertainment 4,666.11 Insuranco 3,565.87 Insurance - employee 1,918.05 Accounting 12,512.50 Legal 3,356.56 Secretarial services 3,241.15

.F Miscellaneous' 1,784.68 Reproduction 1,565.11 Office supplies 6,011.01 Postage 1,134.69 Payroll taxes 5,204.88 Promotion 1,060.89 Marketing expense 2,899.00 Rent - furniture 1,105.90 Rent - equipment 69.98 Rent - space

?2.671.00 Supplies 751.35 Salaries 65,877.46 Security cicarances 14,700.00 Security system expense 447.00 Building maintenance 1,284.01 Repairs and maintenance 475.45 Licensing and permits 12,790.38 Taxes 35.00 Telephone 5,937.99 Mobile phone 724.00 Travel 11,701.66 Utilities 1,435.13 Research expense 187.46 Interest expense 3,'203.14

_$ 4 02, 54 3. 91_

A

.a.,, s. -

w.

4 Y IcNNESSLL

..n,..~....

1,,,,,

>r.

TANGIBLE PERSONAL PROPERTY SCHEDULE

.Q%Qg9 FOR REPORTING J-6_/-yby9)"C COMMERCIAL AND INDUSTRIAL PERSONAL PROPERTY PASSESSOR'S USE ONLYM.h

~

e n

x o IN ACCORDANCE WITH T.C.A. 67-5-903 THIS SCHEDULE MUST BE COMPLETED. SIGNED ON THE REVERSE SIDE. AND FILED WITH THE ASSESSOR OF PROPERTY DY MAPCH 1.

TOTAL THIS StDE APPR YEAR 8 FAILURE TO DO SO WILL RESULT IN A FORCED ASSESSMENT. AND YOU WILL DE SUBJECT TD1AL REVLHSC SIDE CARD NUM i TO A PENALTY AS PROVIDED BY STATE LAW.

TOTAL ATTACHMEN.$

NUM 0F CA105. I rm r;ist ~- map Nr.

cap cTL uAp P/s s/l OTy vAnD TOTAL APPHAISED VALUE PROP TYPE 8 C8 02 023-:C 023-CC 001. 00P 012 549 00 ASSESSMENTIATID.

X.3D [

WARD '

ASSESSMENT CITY I uus Na ALL CHEMICAL ISOTOPE l

ASMNT TYPE: L! PARCEL STATUS-l _.I

' $$D1'I ENRICHMENT INC SW. 202B SCHEDULE FURNISHED _/ /_

SSD2'I i

702 S. ILL. AVE SCHEDULE RETuauED._ /_ /__.

j AREA CODE f O ' W 2'"

OAK RIDGE TN 37830 DESK AUDITED:BY '

I DATE

/J_ -

FIELD AUDITED:DY ' '

i DATE {

/ /_

BUSINESS CODE: '

qt

4 UNITS TYPEi NUMBEft li-APPRAISED 5 PER UNIT f,y

i PART !.' GENERAL DATA i. _

t -

c.

PROPERTY ADDRESS l'IO? L T I 1.

AVF i

OWNER OF REAL ESTATE t James R. Ihrbin Dr. Andrew A. Carey - President 1

b TYPE OF BUSINESS I

I BUSINESS OWNER (S) i 4

N A*

BUSINESS PHONE. (615 y 482-0027 I

CONTACT PERSON f BUSINESS LOCATED: OUTSIDE CITY UMITS STATE SALES TAX NO.

i 2-621286782-G1-4 (phse check one)

INSIDE CITY LIMITS

@ CITY IRS IDENTIFICATION NO.

b2OIN I

(and cate cny located in)

BUSINESS UCENSE NO.

i 4F YO W84E OUT OF SUS 4 NESS AN THIS COUNTY ON JANUAD,Y 1. PLEASE NOT8FY THE ASSESSOR OF PROPERTY OF THE DATE OUT OF BUS 4 NESS IN ORDER TO AVOID A FORCEO, ASSESSMENT.

PART!!. OWNED PERSONAL PROPERTY Report all personal p,operty owned by you and used or held for use in your business or profession as of January 1, including items fully depreciated on your accounting records. Do not reporf. inventories of merchandise held for sale or exchange or finished goods in the hands of the manufacturer.

A separate schedule should tie filed for each business location.

List the total original cost to you for each group below by year acquired. For years in which cost on file is provided, list under revised cost i

' Lany new cost totals fesulting from the disposition of property. ProportY on which you wish to report a nonstandard value must be reported

' in PART V of this schedule and not in this section.

~

- ~

- JMD a.,...,.-,...

Q ~e y. =, ~ m__

~-

GROUP 4 - A!RCRAFT. TOWERS. AND BOATS GROUP 0 - BILLBOARDS. TANKS. AND PIPELINES i GROUP 1 - FURNITURE, FIXTURESJ VEHICLES,!

YEAR COST ON FILE flEVISED COST DEPR YEAR COST oN FILE REVtSED COST DEPR i CENERAL EQUIPMENT, ' AND ALL OTHER PHO-;

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=,

ALCHEMIE, INC.

DALANCE Sl!ECT January 31, 1989 ASSETS l

CURRCNT ASSCTS' 50.00 Petty Cash 1,544.69 Cash in-Banks-Checking 90.26 Cash in Banks-Savings 16.176.47 Cash - ACD - Operating 19,205.09 Cash - ACD 166.23 C.sh - Payroll 100.00 Cash - Pension 1,561,316.00 Accounts Iteceivable

$ 1,598.648.74 TOTAL CURRENT ASSETS FIXED ASSETS 58.537.60 Machinery and equipment-cpst Accumulated Depreciation-Mach. & Equip.

(1,204.00) 103,953.92 Furniture and Fixtures-cost Accumulated Depreciation-Furn. & Fix.

(12,100.00) 850,000,000.00 Unclassified Equipment 150,000.00 Inventory Verification 50.299,187.52 TOTAL FIXED ASSETS OTHtn ASSETS Unclassified equipment-held for sale

$25,062,620.05

$54.331.91

-OrDan. & Start-up Couts (141,701,16)

Accum. Amortization 100.00 Deposits 2.000,000.00 Anderson County Dank Escrow 65,573.77 Interest Receivable-escrow Amort. Asset-Finders Feo 400,000.00 27,940.974.57 TOTAL OTIIER ASSETS

$ 79.838,760.83 t,

TOTAL ASSETS

Assets are recorded at their liquidated value with a concurrent deferred credit established to refacet a zero basis in the equipment.

As the equpiment is sold, the asset and the deferred credit are Leduced.

Any procreds from the sale is gain and goes directly to ircone.

- $48,000,000 in Clarsified Equipment will be added to balance sheet when D&D requirements are met r.er DOC regulations and title is transferred tc A1 Chem 1E, Inc.

+

ALCHEMIE. INC.

BALANCE SUCET January 31, 1909 LIABILITIES AND STOCKHOLDERS

EQUITY CURRENT LIABILITIES

$ 2.251.210.91 Noto Payable-Acc 4.699.46 Note Payable-ACD 60.106.13 Accounts Payable-CEO. Inc.

100.477.06 Accounts Payable-UBE. Inc.

67.070.19 Accounts Payable 398.70 SUTA Payable (157.50)

FUTA Payable 429.052.05 Note Payable-JHS 100,660.77 Hotes Payable-ACB 41.205.53 Notes Payable-ACD

$ 3.062.723.22 TOTAL CURRENT LIABILITIES LONC-TERM LIABILITIES 36,350.00 Contracts Payable 2.123.87 Capital Lease-Lanier (451.07)

Deferred Interest-Capital Lease 7.923.03 Hota Payable-TN Commercial Credit (4,166.72)

Deferred Interest-TN Comm. Credit 26.163.49 Note Payable-First Concord (11.348.00)

Def erred Interest-First Concord 75.067.620.05 (Tax) Deferred Cr-Liquidated Value of Equip.

75.119,234.65 TOTAL LONC-TERM LIABILITIES 70.181.957.07 l

TOTAL LIABILITIES l

CAPITAL 1.344.183.00 Common Stock 3,550.00 Stock options.

(309.069.96)

Retained Earnings 1.656.802.96 TOTAL CAPITAL

$ 79,038.760.83 TOTAL LI ABILITIES AND CAPITAL

4aC.

INCOME STATEMENT PERIOD ENDING:

JANUARY 31, 1989 s

CURRENT YEAR-TO-DATE INCOME 645,461.55 100.0 2,837,379.95 100.0 SALE OF FIXED ASSETS 645,461.55 100.0 2,837,379.95 100.0 TOTAL INCOME EXPENSES

.00

.0 55,433.16 2.0 AMORTIZATION EXPENSE

.00

.0 1,180.86

.0 670.00

.1 961.44

.0 PROFESSIONAL COMPENSATI

.00

.0 51,503.94 1.8 SANK Cl!ARCES(MISC.)

CONSULTANTS 28,063.81 4.3 244,246.86 8.6

.00

.0 984.04

.0 SALARIES AND FRINGES

.00

.0 1,905.92

.1 DUES AND SUBSCRIPTIONS BROCHURE

.00

.0 128,900.00 4.5

.00

.0 40,968.72 1.4 1

DIRECT SALES COMMISSION INSURANCE (116.22)

(.0) 7,266.58

.3

.00

.0 4,408.00

.2 l

INSURANCE - EMPLOYEE ACCOUNTING

.00

.0 5,875.00

.2 LEGAL

.00

.0 1,500.00

.1 110,126.83 17.1 294,773.78 10.4 SECRETARIAL SERVICES CONTRACT LABOR 276.85

.0 2,541.02

.1 MISCELLANEOUS

.00

.0 2,503.59

.1 REPRODUCTION 413.77

.1 7,657.00

.3 116.00

.0 1,093.60

.0 OFFICE SUPPLIES POSTAGE

.00

.0 10,619.16

.4

.00

.0 4,059.81

.1 MARKETING EXPENSE RENT-EQUIPMENT

.00

.0 36,029.00 1.3 RENT-SPACE

.00

.0 171,896.54 6.1

.00

.0 66.34

.0 SALES COMMISSIONS SUPPLIES

.00

.0 5,662.64

.2 2,107.57

.3 20,249.88

.7 DUILDING MAINTENANCE TAXES 71.54

.0 7,116.61

.3 TELEPHONE 231.66

.0 23,223.80

.8 TRAVEL

.00

.0 3,275.30

.1 1

UTILITIES

.00

.0 2,393.98

.1 l

ACCESS PERMIT INFORMATI

.00

.0 5,000.00

.2 LAND ESCROW 141,961.81 22.0 1,143,294.57 40.3

{

j TOTAL EXPENSES 503,499.74 78.0 1,694,085.38 59.7 OPERATING INCOME OTHER INCOME 12.27

.0 58,642.91 2.1 686.00

.1 3,430.00

.1 INTEREST INCOME

.00

.0 50.00

.0 RENT INCOME MISC. INCOME 698.27

.1 62,122.91 2.2 TOTAL OTHER INCOME OTHER EXPENSES

.00

.0 192,187.52 "6.8

.00

.0 104.97

.0 INTEREST EXPENSE FRANCHISE G EXCISE TAX l

p-_.___.,_,____

~-

_ _ _ ~'

...... -suC.

INCOME STATEMENT; p ? J\\ : ' '

/f*

PERIOD ENDING: ' JANUARY 31, 1989 b

YEAR-TO-DATE

-CURRENT 6.8 192,292.49

.00

.0 TOTAL OTHER EXPENSES 55.1 504,198 01 78.1.

1,563,915.80

=

' NET INCOME

=

1 m__m m.__m.___

______u

j..

m:

CERTIFICATION OF RECEIPT OF OPERATING GUIDELINES AND REPORTING REQUIREMENTS FOR CHAPTER 11 CASES All Chemical Isotope Enrichment, Inc.

Re:

Case No.:

3-89-01695RS-11A I hereby certify that I have received from the Assistant United States Trustee the Operating Guidelines and Reporting Further, I hereby certify that Requirements for Chapter 11 Cases.

I have read and understand the guidelines and requirements, and I agree to perform in accordance with said guidelines and requirements.

rb%f NI de July 12, 1989 (Debtor)

(Date)

President (Title)

A. Andrew Carey (Printed Name of Signatory)

The undersigned, as counsel for the debtor, has read and reviewed with the debtor, the operating guidelines and reporting requirements discussed above.

I (Attorney for Debtor)

~~~

(Date) l 1

i

e--

'- - z\\

s 8-3 COMMIRCIAL NIW ACCOUN1%

gg, g,oo 9.i3 gi %3

~

^E"' '"" ;

1 Chemical Isotope EnrithMMt"in'd, Debtor in hyd

=pA__ parding_Ac.cL__8060932_.

s -- W X

J

%.rl&WM/C oinoxso.

ux4~ 'hso :

usn onNo, on Nin ut

~o sa.~ -

,3n,y 00 7-12-89 W. Hill 1

i yy,.

1)of Of ORGAN!ZAllON: t h*P OINdiusuir M Psu1Niusnil* LINoN+NoHI (jinnik.__

Tyrt Of ACCOUNI:

ChtChlNG: XhuxM tlNoW [ l Min R NoW 1jMAHA C olHl k l'i kiG film. l'g e t swa>

f l uisu u.

%AVINGS:

7.02_SoultLIll_inois AvenueJyite. 202B Oa.lL11.dge. Ttt._31810 482-0027 noso n a mi.

wNouluP^uuHPNo-At t tnmi anows w lHIK1) NAllONAl LIANA I

h.

=

w COMM[RCIAL N[W ACCOUNT %

B65 00J t.81 '. ss) l AEou~nnu All ' Chemical Isotope Enrighgent Jng, Debtor in-P ss i n 3-8 9

S-11APapro'llAcct.

8060924 l

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e 9

CORPORATE RESOLUTION FOR THE ACCOUNT OF ALL CllEMICAL ISOTOPE ENRICHMENT, INC.

Debtor in rossession 3-89-01595-RS-IIA Operating Acct il 8060932 I,

Stetihen A. Irving secretary of All Chemical Inntonn Enrichment, Inc.. a corporation, duly organized tmo existing under the laws of the state of Tennessee do hereby certify that the following is a true and correct copy of certain resolutions duty adopted by the Board of Directors of said corporation at a meeting thereof duly called and held on th, 12 th day of July 19 Ro at which a quorum was present; that said resoluthms have been duty entered on the Minute flook of this corporation; that the same are in conformity with the charter and by-laws of said corporation and have never been modified or rescinded:

RI. SOLVED that TillRD NATIONAL ltANK be and the same is designated as a depository of this emporation; that any ofGeer of this corporation be and he is hereby authorized to open an account or accounts with said Bank un such terms and condi-tions as he tuay deem proper; that vid llank is authorized to accept for deposit or collection any dratt or check or other instrument bcaring the endorsement of this corporation, whether stamped, wotten, or otherwise, and with or without the designation of the person making nuth endorsement.

DE IT FURT11ER RESOLVED that any and all funds of this corporation in any such account or accounts may be withdrawn by check, draft, order or other instrument when signed in the name of this corporation by any_ _/

of the following officers or employees, to-wit: (*) (Give name and titic)

Charles W. Kite, Attorney And the said Bank is hereby authorized to pay such checks, drafts, orders or other instruments, and also to receive the same for the credit of or in payment from the payce or any other holder when so signed, without inquiry as to the circumstances of their issue or the disposition of their proceeds, whether drawn to cash or bearer, or to the individual order of, or tendered in payment of individual obligations of the officers or employees above named, or other officers or cmployees of this company, or otherwise, DE IT FURTHER RESOLVED that any of the following officers, to-wit: (*) (Give name and titic)

NA i

1 i

he and they are hereby authmimi on behalf of this corporation from time to time to borrow money and obtain credit from TlW T111RD N A flONAL ltANK withont timit as to amount, on such terms as are desmed by said otticer(s) advisable;to sellor discount any notes, bd!< or annunts receivable, acceptances or any other instruments or property of this corporation on such terms as said of ricer (s) deem udviuble; as security for the payment of any and all such loans and credits, renewals, estensions and changes in form thereof, and/or for the payment of any or all other indebtedness, habdities and obbeations of this corporation to said flank, actual, ihrect and contingent, now esisting or hereafter arising, howsoever created, held and/or acquired by said llank, whether in the usual runrse of bushess deatmgs or olherwise, to assign, pledge, hypothecate, mnugage, trustee or otherwise create a ben upon,or transfer title to any stocks, bonds, debentures, notes, bills or accounts icecivable, bdis of lading, warehouse receipts, chosen in aetmn, instru-ments, negotiable or otherwise, real estate, including royalty or m;ncial interests in land, or oil and gas mining leases, or any other property of this corporation, on such terms as are deemed by said o ficerts) to be advisable;and,in furtherance of and in connection r

with the foregoing, to make, csecute and deliver in the name of and on behalf of this corporation, under its corporate seat or other-wise, checks, notes, renewat no:es and estensions, awgnments, endorsements, mortgages, deeds of trust, guaranties, or other instru-ments or instructions as may be deemed adviuble by wid otTicer(s).

j BE IT FURTHER RESOLVED that all actions heretofore taken by said officer (s) in obtaining inans or credits on behalf of this corporation and in the exercise of the authority and powers herein granted are hereby ratified, adopted and confirmed.

DE IT FURT1IER RESOLVED that said Bank is authorized to follow the instructions of said officer (s) in the disposition of any proceeds of any such loan, credit, discount, or sale, whether for payment to or for credit in this or any other bank to the account of this corporation, or such ollicer(s) individually or in their otiirial capacity, or any third person, or otherwise, DE IT FURTIIER RESOINED that the foregoing resolutions are to continue in force until written notice of rescission or mothfcation thereof has been received by said ihnk.

12th IN WITNESS W11EREOF, we have hereunto set our hands and the seal of this corporation this the_

day of Julv

-19R4 (Corporate Seal) C'.O E.e:>v Om t duz. -)

(

ffUVY Y

/VwI O* A ) 1 - 3 A

('Where joint signatures are required or where C cr m it is necessary for countersignature, so indicate.)

'w:

. CORPORATE RESOLUTION FOR THE ACCOUNT OF

~

p ALL CIIEMICAL ISOTOPE ENRICIIMENT. INC.

Debtor in Possession 3-89-01695-RS-11A Payroll Acct # 8060924 All Chemical Isotope Stephen A. Irvinn

. Secretary of y,

r Tennessee Enrichment. Inc, a corporation, duty organized sna exit, ting under the laws of the state o do hereby certify that the following is a true and correct copy of certain resolutions duty adopted by the Board of Directors 12 th July 39 89_

of said corporation at a meeting thereof duty called and held on th, day or at which a quorum was present; that said resolutions have been duty entered on the Minute Ikiok of this corporation; that i

the same are in conformity with the charter and by-laws of said corporation and have never been modified or rescinded:

kl3OLVED that TillRD NATIONAL llANK be and the same is designated as a depository of this corporation; that any officer of this corporation be and he is hereby authorirxd to open un account or accounts with said Bank on such terms and condi-tions as he may deem proper; that wid Itank is authoriad to accept for deposit or collection any draft or check or other instrument bearing the endorsement of this corporation, whether stamped, written, or otherwise, and with or without the designation of the person making sush evidursement.

I DE IT FURTIIER RESOLVED that any and all funds of this corporation in any such account or accounts may be withdrawn by cheek, draft, order or other instrument when signed in the name of this corporation by any 1

of the following ofhcers or employees, to-wit: (*) (Give name and title)

Charles E Kite, Attorney And the said Bank is hereby authorized to pay such checks, drafts, orders or other instruments, and also to receive the same for the credit of or in payment from the payee or any other holder when so signed, without inquiry as to the circumstances of their issue or the di:, position of their proceeds, whether drawn to cash or bearer, or to the individual order of, or tendered in payment of individual obligations of the officers or employees above named, e other oMcers or employees of this co or otherwise.

BE IT FURTilER RESOLVED that any of the fo!!owing omcers, to-wit: (*) (Give name and title)

NA be and they are hereby authoriyed on behalf of this corporation from time to time to borrow money and obtain credit from TffE lillRD NATIONAL BANK wnhout hmit as to amount, on such terms us are desmed by said of ficer(s) advisable;to sell or discount j

i any notes, bills or accounts receivable, acceptances or any other instruments or property of this corporation on such terms as s if ollieer(s) deem advisable; as hecurity for the payrneut of any and all suchloans and credits, renewals,estensions and changes n orm j

thereof, und/or for the payment of any or a!! other indebtedness, habdities and obligations of this corporation to said llank, actual, i

ducci and contingent, now esisting or hercafter arising, howsoever created, held and/or acquired by 4 aid ttank, whether in the usual course of business deahngs or otheru tse, to assign, pledge, hypothecate, mortgage, trustee or otherwise create a hen upon,or transfer l

tule to any stocks, bonds, debentures, notes, bills or accounts receivable, bills of lading, warehouse receipts, chosen in action,instru-ments, negotiable or otherwise, real estate, including royalty or mineral interests in land, or uit and gas mining leases, or any other property of this corporation, on such terms as me deemed by said officer (si to be advisable;and,;n furtherance of and in connection with the foregoing, to make, esecute and dehver in the name of and on twhalf of this corporation, under its corporate sealor other.

wise, checks, notes, renewal notes and estensions, assignments. endorsements, mortgages, deeds of trust, guaranties, or other instro-ments or instructions as may be deemed advisable by said officer (s).

BE IT FURTliER RESOLVED that all actions heretofore taken by said officen(s) in obtaining loans or credits on behalf of this corpoution ax in the exercise of the anthority and powers herein granted are hereby ratified, adopted and conf rmed.

i BE IT FURTHER RESOLVED that said Bank is authorired 'o follow the instructions of said ofGeer(s) in dispmition el any proceeds of any such loan, credit, discount, or sale, whether for payment to or for credit in this or any other bank to the account af this corporation, or sud, ofhccr(s) individually or in their official capacity, or any third person, or otherwise.

DE IT FURT11ER RESOLVED that the foregoing resolutions are to continue in force until written notice of rescission or modification thereof has been teccived by said llank.

12th IN WITNESS WilEREOF, we have hereunto set our hands and the seal of this corporation this the day or July 19 M bdA,a tMbe-(Corporate Seal) (% et

^

(*Wherc joint signatures are required or whe

/

Secretary

()

it is necessary for countersignature, so indicate.)

l f

4 CORPORATE RESOLUTION FOR THE ACCOUNT OF ALL CHEMICAL ISOTOPE ENRICIIMENT, INC.

8060916 3-89-01595-RS-11A Tax Account Debtor in Possession All Chemien1 Tsotopr. Fnrichmr'nt, Stephen A. Irvinn Secretary of

a corporation, duly organized tmd existing under the laws of the s g, _

IUC*

d d by the Board of Directors do hereby certify that the following is a true and correct copy of certain resolutions duly a op Julv 1989,.

12th a,y og of said corporation at a meeting thereof duty called and held on the d on the Minute Book of this corporation; that at which a quorum was presenti that said resolutions have been duly enteref said corporation the same are in conformity with the charlor and by-laws o f this corporation; that any RLSOINFD that TittRD NATIONAL llANK be und the same is designated as a depository oounts wit deposit or collection any draf t or check or other instrumentith officer of tins corporation tie and he is hereby authorized to open an account or acc tions as he may deem proper; that said 11ank is authorized to accept for bearing the endorsement at this corporation, whether stamped, written, or otherwise, and with or w h account or accounts may per son making such endorsement.

DE IT FURTl!ER RESOLVED that any and all funds of this corporation in any suc

/

i by any be withdrawn by check, draft, order or other instrument when signed in the name of this c

(*) (Give name and title) of the futtowing oMcers or employees, to-wit:

Charles W. Kite, Attorney I

I Y

d also to receive the same And the said Bank is hereby authorized to pay such checks, drafts, ord inquiry as to the circumstances for the credit of or in payment from the payee or any other hohler when so signed, witho h

E s or employees of this company, of their issue or the disposition of their proceeds, whether in payment of individual obligations of the othcers or employees above named, or ot er o ccr '

or otherwise.

of the following officers, to-wit: (*) (Give name and tit!c)

BE IT FURTHER RESOLVED that any_

f y and obtain credit from Tim he and they are hereby authorized on behalf of this corporation from time to time to burrow mone d by said of ficer(s) advisable;to sell or discount nts or property of thrt corporation on such terms as said TillHD NATIONAL BANK without limit as to amount, on such terms us are drume f any and all suchloans and credds, renewals, extenuons a i

any notes, bills or accounts reecevable, acetTlances or any other nstrume of ficer(s) deem advisable; as security for the payment o i d by said Itank, whether in the usual h

thereof, and/or for the payment of any or all other indebtedness, habi tees antgage, trustee direct and cordingent, now esting or hercalter arising, howsoever created, hetJ and/or acqu re course of business deahngs or otherwne, to assign, pledge, hypothecate, morbilh of lading, warche use rescj il and gas mining leases, or any other bl title to any stocks, bonds, debentures, notes, bills or accounts accciva e,ments, ne J

l d be advisable;and,in furtherance of and in connection f und on behalf sJ this corporation, under its corporate seat or other-property of this emputation, on sush terms as are deemed by said of ficerts) to ents, mortgages, deeds of trust, guaranties, or other instru-with the foregoing, to make, esecure and dehver in the name o d

wise, chetks, notes, renewat notes and ester sions, asurnments, en orsem 5

ments or mstructions as may be deemed advisable by sud of ficer(s).

dits on behalf of this corporation and in the exercise of the authority hereby ratified, adopted and M ( ) in the BE IT FURTHER RESOLVED that said Bank is authorised to fo confirmed.

dit in this or any other disposition of any proceeds of any such loan, credit, discount, or sale, whether for p i

third person, or bank to the account of this corporation, or such officer (s) individually or in their otheia i

f i in DE IT FURTTIER RESOLVED that the foregoing resolutions are to continue i otherwise, 12th or modification thereof has been received by said Bank.

IN WITNESS WHEREOF, we have hereunto set our hands and the seal of this 19~ R9

/

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Alfl V Q

day of (Corporate Scal) O CLMet# bg b D/w

/ (!

CA_.5' f

O v

(*Where j,omt egnatures are rectuired or whereit is necessary for countersignature, so ind Secretary

g q~,.C

(.,y STATEMENT OF FINANCIAL-AFFAIRS FOR DEBTOR ENGAGED IN BUSINESS -

UNITED STATES BANKRUPTCY COURT FOR THE

.....EasW!............... DISTRICT OF,....'I e.nn,e,s,s,e,e,,,

X in r2 All, Chemical Isotope Enrichment, Inc.

a/k/a A1ChemIE, Inc.

c,,, no. p.g.p9s.

......c.

D1btor [ set forth here all names including trade names used by Debtor within last 6 years)

Sociat Security Number.

J and' Debtor's Employer's Tax identification No.. 62,1286.7.82 X

' Statement of Financial Affairs for Debtor Engaged in Business -

,,n.ci...ii.............-......i.is..i....,,,........

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1. N-ture, location. and name of business

8. Undir what name and where do you carry on your business?

All Chemical Isotope Enrichment, Inc.

702 S. Illinois Ave. Suite 202B-Oak Ridge, TN 37830

b. In whit business are you engaged? (if business operations Isotope Separation hme betn terminated, give the date of termination.) -

c. Wheat did you commence the business?

April 1, 1986

d. Whste else, and under what other riames, have you Carried on bunnets within the sia years immediately preceding the fihng None of ms original petition herein? (Give street addresses, the names of Eny putnurs, joint adventurers. or other associates, the nature of th3 business, and the periods for which it was carned on)

2. Books end records.

a. Dy whom, or under whose supervision, have your books of ac.

Dennis L. Bell 198b-1988 ccunt and records been kept dunng the six years immediately John H. Smelser8 Jr. 1988-1989 preceding the fihng of the onginal petition herein? (Give names, addrestos, and penods of time)

b. By whom have your books of account and records been Pugh &' Company

""dded *"i"o h* *'" Y'a'5 '***d'aY D'eceding the hhng of P. O. Box 50250 the original petition heresn? (Give names, addresses, and dates of Knoxville, TN 37950 March 1989 audasa

c. In whose possession are your books of account and records?

Amy S. Thompson (Give names and addresses 4 702 S. Illinois Ave. Oak Ridge, TN 37830

d. If any of these books or records are not available, explain.

e. Have cny books of account or records relating to your affairs inen destroyed. Jost, or otherwise disposed of wnhin the two years No immed dely preceding the fihng of the original petition herein?

(if so, give particulars, including date of destruction. loss. or dis-position, and reason therefor.)

3. Fintnclit statements.

Hsve you issued any written financial statements within the two YeS yem imniediaieiy preceding ine nhng otine onginai petnion here.

Shareholders Meetings, June 1988, September 1988

_ in? (Give dates, and the name and addresses of the persons to whom maued, including n,ercantile and trade agencies) i l 4. Inv;ntities.

a. When was the last inventory of your property takeny 9/88 l

b. By whom, or under whose supervision, was thes inventory Earl Clark, International llauling & Rigging i

taken?

c. What was the amount, in dollars, of the inventory? (Stato whether It'e mventory was taken as cost, market, or otherwise.)

not per[ormed

d. When was the next prior Inventory of your property taken?

I/88

e. Dy whom. or under whose supervision, was this inventory Marshall Stevens, Inc.

taketi?

f. What was the amount, in doflars, of the inventory? (State h 10,

,M

@ M d y U @i M ion M ue whether the enventory was taken at cost, snarket, or otherw.e )

l 4

Ahty b.

1 MaupSon

.e.

g. th whodpossession are the ricords of the two snventones 702 S. Illinois Ave.

above;aierr= to? (cive n:mus and addreses)

Oak Ridge, TN M830

) income other than from operation of business,

$500,000.00 9/86 Privete Offering wh1 amount as income, other than iroen operatien of your -

busmebs, have you received during each of the two years im-7040E00 V88 Priv e O m m 8 maaattiv preceding tne tiime of ine originai petition heremt (cive particulars inciudmg eacn source, and ih; amouni received 82,000.00'2/89 Interest on $2million thIrrtrom )

3 T_ap_retulns_and tef.un,ds_,

E in whose possession are copies of your federal, state and

' municipIl income tax returns for the three years immediately pre-Amy S. Thompson cedirsj the filing of the onginal petit on herein?

. b. What tax refunds { income or other) have you received dunng

~ the two years immed6ately preceding the filing of the ongendi none

petition hirein?

c. TJ wtti tax refunds (income or other),if any, are you, or may you be, ent6tted? (Give particulars, including information as to any none n fund pryable jointly to you and your spouse or any other person i

9. Fin *ncial accountsgertificatelof_ deposit _and_ safe depodt_ bones.

Third National Bank Checking Acct # 8051232

e. wn t recounts or certificates of deposit or shares in banks, saw.os end toan, thrift. building and scan and homestead associa.

11% Od M4e Tumdh tions, crrdit unions;brokeraigu houbes, pension funds and the 11Ae Oak Ridge, TN 37830 have you maintamed, alone or together with any other person, cnd en your own or any other name, wiihm inn two years im.

Stephen A. Irving, Rt 7 Dixon-Rd. Lenoir City, TN nwdiately preceding the filing of the onginal petition hereint (Gwe lhe name and addresh ut each institution, the naine and numoer under which inir eccousii ot ocrtiiicaic is mainiamed. and Anderson County Bank, 101 S. Main St. Clinton TN

. dS*aw7iNrIn7s"uc$'"'c*co,*i>$ " '"" " ""'"

Acct # 80-0234 Payrall, # 80-0233 Checking

30-0065-0 Money Market, # 80-0257-8 Pension Plan

b. Whti safe deposit box or boxes of other depository or de-gggyg }7yjng - same US DDove pobitones have you kept or used for your securthes, cash, or A. A. Carey - Rt 7, Dixon Rd. Lenoir Cfty, TN otner vaiuabies withm tne two veurs immediately preceding the filing of the onginal peht on heruin? (Give the name and address Amy Thompson - 8207 Burchfield Dr, Oak Ridge TN of the bank or other depository, the narne m which euch isoa or Mitzi Miller - Rt 2 Box 248 Powell TN othw depository was kept, the name and address of every person w;io had the right of access thereto, a description of the contents eherect, and, il the box has been surrendered, state when but.

Adured or, if transferred, whcn transferred. and the name und none address of the transferee.)

l 8. Priperty held for another person, What property do you hold for any other person? (Give name none tnd address of each person, and desenbe the property, the

' asnount or value thereof and all writmgs relating thereto) 9 Property held by another person, is eny other person holding anything of value in which you none hive an interest? (Give name and addseus,locahon and descop-

- t on of the property, and circumstances of the holding j 00, Pnot bynkruptcy proceedings.

WhLt cues undur the barikruptcy Act or title 11. United States Cooe hue prewicusty been brought by or against you? (State none the locauori of the bankrepte, court, the nature and number of the case, and whether a discharge was granted or derned, 'So

- crse was dismissed, or a composition, arrangement, or plan was confirraed.)

11. nic;intships.ge3eral ass 6 nenents, and other modes 9

M_I.klu,sja,tio,n,,

a. Was any of your property, at the time of the films of the Do origmal pehtion herein,in the hands of a receiver, trustee, or other liquidahng agent? (if so,give a bnut descnphon of the property and the name and address of the recerser, trustee, or other agent, if tne agent was appointed in a court proceeding, the name and 10-chon of the court, the title and number of the case,and the nature thtreof.)

1 I'

___m-

J bMs you made any tusignmoni oi vour property lor ine tienetil

_DCC-1 Anderson County Bank, $4',000,'000 3/88 e

jf your cr2diturn, or any generas sutuoment wim your c.caturs, UCC-l'CEO, Inc.

-$- 400,000-6/88-

, withs4 th3 Iwo years immeanately precethng the filing of the ongen+

j- (f pehtson herein? (if so. give dates, the name and addsess of the.

, assignee, and a briet statenient of the turens of asstDninent or uunlutnurstk,

' 12, Syles,caecutions, and attachments.

l e yhu a pany to any susi pending at the time of the filing of Anderson County, 7th Judicial District Circuit Div.

a L th3 original pehtson herein? {lf so, give the name and locahon Civil Action - Temporary Restraining Order on th, court and the hue and nature or the proceedings Anderson County, 70h Judicial District Circuit Div.

b. WM2 you a party to any suit terminated within the year im-civil Action -_ Complaint mediatify precedirig the fahng of the origmat puhtion herem? (11 so, '

gF3 the narne and location of the court,the htie and nature of the proceeding, and the result )

c, Has eny of your propeedy been attached, garnished,or seized under cny legal or equitable process within the year immediately.

no precieng the liling of the original petition herein? (tf so, describe 1th3 property 4eized or $erson garnished, and at whobe suit.)

(13, e.Plyments of loans, installment purchasesgothe,r l debt 2.

Wh*.;t payments in whole or in part have you made during the.

ye r immediately preceding the filing of the original petihon herein Anderson County Bank-- various notes on cny of the following: (t) loans; (2) installment purchases of :

goods and services; anti (3) other debts? (Give the names and addreises of the persons receiving payment, the antounts of the See-Schedule C

. toans or other debts and of the purchase price of the goods and

' services,the dates of the onginal transa;tions, the amounts and datJs of payments, and,if any of the payees are your relatives or in:iders, the relationship; 6f the debtor is a partnerbhtp and any -

of the payees is or was a partner or a relative of a partner, state th3 rItationship; if the debtor is a corporation and any of the

- payees is or was an officer, director, or stockholder, or a relative

- of an officer, director, or stodholdur, state the relationship.)

' b.ht:ffs,

' Whit debts have you owed to any credator, including any bank,.

which were seto!! by that creditor against a debt or depobit owing by tha creditor to you dunng the year imtnediutely prec ding the.

filing of the ongmal pehtion hereen? (Give the names and ad-none

drssses of the persons setting off such debts,the dates of the set-offs, thz amounts of the debts owing by you and to you and,if any of the creditors are your relatives or insiders, the relahonship )

.14. Tr nsfers of property.

a. H2re you made any gifts, other thart ordsnary and usual pre-

l bents to family members and charitable donations during the year immediately precedmg the fihng of the original petition heruin?

DOne

- (il to, give names and addresses of donees and dates, descop-

. tion, and value of gifts.).

b. Have you made any other transler, absolute or for the purpose of secunty, or any other disposition which was not in the ordt-nary course of business during the year immediately preceding the none fihng of the onginal petition herein? (Give a descripuon of the pro-

' purty, the date of the transfer or disposition, to whom transferred or how disposed of, and state wh3ther the transferee is a relative, partner, shareholder, othcer, director or insider, the consideration, if any, seceived for the property, and the esposition of such

. considereon.)

15. Aciounts and other receivables.

Have you assigned, e6'her absolutely or as security, any of your

- tecounts or other receivables during the year immeosate y pre-cedmg the filing of the onginal petition herein? fit so, give names

' and addresites of assignees,)

16.' HTMtessions and returns.

, Has any property been returned to, or repossessed by, the seller,4essor, or a secured party dunng the vuur immediatuiy pre-coding the filmg of the original petition herein? {lf so, give part-gg iculars, including the name and address of the party getting the property and its descriphon and value.)

fDRM 8. hee 3 JtKV 10 1984 '

GIAhAM rithti ait.At Paikffits inna 1814, IA1HvilW HIlfMIS 11 f,7706 ('Hreisf f Mo R5t 361J 14 ittirass 1,18 6J? %00

__ J

i s

$5156.00-

. # you arn tenant os busmess property. wnat is thi name end liarbin ComEanY, hway 5/3U89

adanss of your landlord, the cmount of your fintal, th) date to 6408 Clinton ihg whicn rini had been paid et the ume of thi hhno of sne or,gmai pehhon herein, and the amount of security held by the landlord?}(nOxVille, TN 37912

18. Losses, c Have you suttered any losses from tire, theft,or gambling during tro year immediately precedmg the fahng of the ot#gtnal petdon none hmin? (if so, give parbcutar4,includmg dates, names, and places, cnd the 6 mounts of money or value arid general description of property los!.)

b. Was the loss covered in whole or part by inscrance? (Il so, give parbcukrs.)

19, Withdrawals,

s. If you are an individual yoprietor of your business, what none personal withdrawals of any kired have you made from the business dunng the year ommed6ately precedmg the fahng of the ongmal petihon horem?

b. If the debtor is a partnership or corporahon,what withdrawals, m Eny lonn tmcluding compensabon, bonuses or loans), have been Done made or received by any niember of the partnership, or py any Dibccr, director, insider,managirig ekocuhve,or shareholder of the corporahon,dunng the year unmediutely preceding the hhng ul the engmal petdion herein? (Give the name and destgraabon or re.

lahonship to the debtor of each person, the dates and amounts of mthdrawats, and the nature or purpose thereof) 20 P;yments or tranfers to attorneys and other persons.

6/89 a Have you consulted an attorney dunng the year immediately Charles Kite priceding or since the hhrig of the ongmat petshon herum? (Gsve P. O. Box 5260 dites, name, and addrsss i Sevierville, TN 37864-5260

b. Have you during the year immediately preceding or since the hiing of frie onginal petition herem paid any money or trans-farred a-ey omperty to the attorney, to any otner person on the attorney's behalt, or to any other person rendenng services to you

$5*000.00 m connect on with this case? 01 so, give particulars, including a.nount paid or value of property transferred and date of paymerit or transferj

c. Have you, either dunno the year immediately precedmg or since the bhng of the original petition herum, agreed to pay any money no or transier any property to an attorney at tow, or to any other perso4 on the attorney's behall, or to any other person rendenng services to you m connechon with this case? Cf so, give particulars, mcludmg amount and terms of obhgationa lit the d_eb_ tor is ayartn_er_ ship of corpora

ion the f,ollow-L 4,ng a,dd6tional questions should be answered.)

21, Mernbers_of pa_rtnershipioffjce,,s, directors, managers, r

and pnncipal stockholders of corporation.

Stephen A. Irving, Rt 7 Dixon Rd. Lenoir City, TN

a. wnat is the name and address or eacn n,ernber of tne partner.

Chairman, Board of Directors ship, or the name, htte, and addeess of each otticer, duector-Andrew Catey, Rt 7 Dixon Rd. Lenoir City. TN ensider, and managing execuhve, and of each stockholder holding A,.

20 percent or more of ine issued and outstanding stock, or irie Member, Board of Directors (owns 21% of stock) corporanon?

Mitzi S. Mi11er Rt 2 Box 248 Powell TN, Member

b. Durmg the year immediately preceding the friang of the origma, pehhun herein, has any member withdrawn from the partamtship, Benny Mullins - Member Board of Directors - Lack of orahon iermmated his retatiorrsnip, or any stockholder hoidmg eo 777 Emory Valley Rd. Oak Ridge, TN 37830 time or.any uticer.ducctor, insider.or tnanagmg eaccuhve nt the corp-percent or enore of tree issuitd slock dispobed of more than 50 Buzz Elkins - Member Poard of, Directors perceni oi his hoidoss7 ci so, g,ve name and addresund reason First American Bank, 45 New York Ave. Oak Ridge, TN tor dndrawai,iermmation. or dispositmn, d kao*al conf 1iCt af interest

c. Has any person acquired or disposed of 20 percent or more of the stock of the corpornhon dunng the year immediately pre.

cedmg the hhng of the peuhon? {ff so, give name and address no and parhculars)

,A, Andrew Carey.

. declare under penalty of perjury that I have read the answers contained in the foregoing statement of affairs and that they are true and correct to the best of my knowledge,i f,

Executed on, J.uly. 5,,1989.

g, g (/ g g,

ADvisony cow mrrtE Nort baens o the nuestions on them Iorm see the huvun se on f arm pso 7. kenemens ei hae%see Atte.te toe Denius Not Ingavec m susiness the aussi*tm *, ped *e sweaa sepeid to i36 muuuem mai.mpow ueen sesse va geoo er mesmes ins sweese non ii.udoi an semi,ett to siuntee soes een6en s

miosmenon ees.eduie o.

e 4, tra me e,e heapias own eenpact to tonee seen.m.i un or essannion ens heis. e in. innaiose si.e sie heidme e moi.onai s

t 800 B513BM,IN silN06 f,it 637 %04

_ $McGlt@ &f CA1 PillNtf RS, DOX 18fil. I AinW W HilGHtS. IL 6??08, PflDNI ENMMvisAm _

SCHEDULE C l

Creditor Payment Date Payment Amount Anderson County Bank 101 S. Main Street Clinton, TN-37716 Note #3590 (5-12-88) 06-10-88 interest 3,629.59 (A1 Chem 1E) Note Amount 07-26-88. interest 3,629.59

$384,000 09-06-88 interest 3,829.48 11-03-88 principal 87,901.36 y

11-03-88 interest 12,098.64 11-10-88 prin. & int.

22,000.00 11-14-88 prin. & int.

22,000.00 11-15-88 principal 1,300.00 11-16-88 prin. & int.

22,000.00 11-18-88 prin. & int.

22,000.00 11-21-88 principal 50,000.00 11-22-88 prin. & int.

22,000.00 12-01-88 prin. & int.

35,000.00 12-06-88 principal 600.00 12-12-88 principal 10,000.00 12-15-88 principal 26,050.00 12-19-88 prin. & int.

21,500.00 12-21-88 prin. & int.

22,777.00 12-27-88 principal 641.20 12-29-88 prin. & int.

11,060.50 02-10-89 prin. & int.

5,303.41 Note #4499 (A1ChemIE) (8-12-88) l Note amount S250,000 09-07-88 251,890.41 l

I Note #3467 (J.H. Smciser)(05-04-88)

Note amount S450,000 12-08-88 principal 122,705.62 12-08-88 interest 29,564.38

All funds received from sale of equipment were paid directly to an account at Anderson County Bank on checks payable to A1ChemIE and Anderson County Bank jointly.

As of this time, Anderson County Bank has not provided, although specifically requested in l

writing, an accounting of all funds received.

Advantage Leas.4ng 10501 Wayzata B /d.

07-29-88 4,059.8)

Minnetonla, MN 55343 01-26-89 196.52 2-20-88 02-15-89 498.81 j

Note amount 22,987.00 04-06-89 1,021.91 Jeep Lease l

l L_

n-SCHEDULE C continued

?

Creditor Payment Date Payment Amount Tennessee Commercial Credit 390.31 P.O. Box 188 07-26-88 371.72 Loudon, TN 37774 08-12-88 371.72 07-09-87 09-12-88 390.31 Note amount.S9,605.26 11-21-88 390.31 11-23-88 371.72 12-12-88 390.31 01-19-89 371.72 02-14-89 390.31 03-22-89 761.10 06-13-89 Lanier Financial Services 168.20 P.O. Box 105102 07-26-88 160.19 Atlanta, GA 30348 08-12-88 3-16-87 09-06-88 160.19 Note amount S4,810.77 10-05-88 160.19 168.20 11-21-88 12-12-88 168.20 01-19-89 168.20 02-23-89 168.20 04-05-89 328.39 336.40 06-13-89 LeaseFirst 512.97 P.O. Box 2459 06-21-88 Southfield, MI 07-26-88 486.39 48037-2459 08-23-88 553.18 AT&T Phone system 09-14-88 549.84 04-20-88 11-11-88 483.05 Note amount $18,500 11-21-88 549.84 12-12-88 549.83 01-19-89 483.04 02-15-89 483.84 03-22-89 483.84 06-12-89 1,651.89

il I-

'i

. i ;. +

j.

l AMENDMENT TO STATEMENT OF FINANCIAL AFFAIRS FOR DEBTOR ENGAGED IN DUSINESS

\\

14 i

Transfer of Property

~

Cctober 11, 1988 i

Lanier, Series VI Telephone System

$2,709 One 20-button phone, eight 10-button speakerphones, five 10-button phones y

l w/out speakerphone J

October 11, 1988 i

Furniture, 6 desks, 13 chairs, 6 bookcases,

$5,053.50 i

1 table, 1 conference table and 4 chairs i

i Sold to:

Universal Drokers of Equipment, Inc. (UDE) 700 S.

Illinois Avenue, suite A104 j

Oak Ridge, Tennessee 37830 Contractor i

Cor: sideration deducted from contract fees payable l

1 to UBE in month of October.

j I

i l

1 l

l i

l 3

I 1

SCHEDULES OF ASSETS AND LIABILITIES UNITED STATES BANKRUPTCY COURT FOR THE

....... Eastern........,

..... DISTRICT OF i

..IP""P8MI......

1 " ' *-. All Chemical - 1sotope' Enrichment, Inc.

i8 En/k/a A1ChemIE, Inc.

case No. 3-09

695, l Debtor {s',1 forth here all names including trade names used by Debtor within last 6 years].

! Social Security Number..

.,s L asid Debtor's Employer's Tax identification No M~.

b.

Schedule A - Statement of All Liabilities of Debtor.

' Schedules A-1. A4 and AM must include all the chums against the dotator or ene cootor a propmty as of the date el the tehng of the pelshun by or u0ainst the dubtor Schedule A-1.- Creditors having priority.

. _ ~ ~,-

.n..~

~ _..-

Naguic of #Uu.

thme ut coeddor and Specif y when clann was mcursed 4 nd the consistes-indicate il s. tams na Amount of clmm wnp.t tu mmhng addren utsun thmutor. when clmm am 6ubject to betutt, conhngent, unhque-evident ed tsy a sudDment, negotiable instrument.

Cated, or disputed.

ancluding op couu..

os other weiht g. Or incusted un pmintre of Ju6nt cunicat. tor. ho mdnato. specify siame et siny partnut.

'" I""I '*" d'I'" "#" ""Yd'Id

~..~ _ :. ;..

g 1, a Woues, salary, and cDmnna 14,160.00

. tions. mctudmg vecubon herut-h,ee Schedule A-1-B ance and..c6 ium uy ow.ng iu

.vmployees not caccedmg 57.000 to each, easned wHtun tiu days belote 14hng of petihon or ces-sation ut bubinob6 Di tiartier -

bpecily datu).

bJ Contnbuhuns to employee benellt psatis for - Services rendered wohin 160 days before filing of 4schtson or cessaison of busmebs til eather spnett datet CJ Claims of farmers. not es.

coudmo 57.000 tur each moivi-cual, pursuant to 11 U S C. g bO7tanLHA)

O

d. Claims ut Umted States lish-

~, erman, not eacceding %?.000 for e A:n individual, pusbuant to 11 u s c. 6 wtanbnur

e. Deposits by individuals. not Jim 1lLirbin Compals" Julie Rent 900.00 eaceedinD 5900 for each for pu chne. iene, or renial of 6408 Clinton liighk y on off. ices plotsel M pr selv10&s tot isthisonal, taisus; A houbehold u6e that h,nOxville,,IN 37912 were rNI dehvered or provided.

Advantage Leasing Jeep Lease 900.00 10501'Wayzara Blvd Minnetonka, MN 55343

5. Taxes owin0lito-Wre by type of laa eftd laanny giuthority]

It) To trie United States Tennessee Depart. ment of Unemployment Cont ribut ion 32.45 m To any uate m to any other ta.i,o Employment Securit y 500 James Rotertson Pkwy. Nashville, TN 37219

""I""

City of Oak Ridge City Taxes 391.97 P.O. Ilox 1, Oak Ridge, TN 37831 Total 16,384.42 eow a u amira i iner rm,Inu ninre mai nonn. e o em im. eena w wuas a ww. no. s u ru,,3 m, now., i m m nor i s.w tu.

em-mmz-.

r-

,7c.p, c SCHEDULE!A-1-B:

~

$2,000.00

. Stephen'A. Irving.

.:.Rt 7, Dixon' Rd.

3 ;.,

_ _Lenoir City,-TN-.37771-

A.' Andrew'Carey-2,000.00-

RtM7a.-Dixon Rd..

.JLenoir: City,'TN :37771;-

.+

William',l A'.

Pfeifer 2,000.00-ss '

11428 Hickory Springs?

? Knoxville,/TN<:37932 Paul'C. Scruggs 2,000.00-

~1431 Cherokee Trial--#14-

. Knoxville,-TN 37920

~

2,000.00 CEO,-In'c...

' 531 S. Gay Street.

Suite 1500' Knoxville, TN =37902 Scott'Sams Enterprises-2,000.00 6500 Papermill{Rd...

-Knoxville, TN

37919, Ernest C.~ Evans 1,520.00 11413 Berry Hill Drive

~

'O Knoxville, TN 37931

~

380.00

. Kathy Davis-

'4643 Anderson' Place

. Knoxville, TN 37918.

Deborah S. Smiddy

-260.00 531-S. Cay Street Suite 1500:

' Knoxville;.TN :37902-e

$14,160.00 i

\\

t.

Scitdub A 2 - Credit rs Holding S curity.

.. ~...

fedene sal credhor and compleier Description of becunty mauldate Sptu sly bitusn (l.iim was ten uirc>) utid hidmate el('laim th t,un-M.phet ydlue Amowitt ul Cl.usn indehny dddichs trtoluding ssp outte when uulained by Lfi?daluf thi CunhadcrailsOn thUitiOr; MId en lifaQuitl hith40*dcllUd. Of wilI80HI dUdui.lHel Llinim is subject to beloff, evidented disputed per,9b8 1

ut valuo pi securny by a ludgmerit, neguliable instrument, Upprn$ sal os otlier wrets g, or ancurred os partner or pint contractor, 60 edicate; specily nisme of any pastrws or julGl Contre Clot on any Ot3D1 e

Anderson County May 1988 May 88 cont i ngent 64,000,000 2,918,434 Itank.

UCC-1 security May 89 disputed 101 S. Main St.

interest. in all

Clinton, TN 37716 of the debtor's equipment

. Financial Intensive May 1988 May 1988 64,000,000 440,000 Care Corp.

second position f ees ior 109 Northshore Dr UCC-1 loan; note Suite 210 se urity interest Knoxville, TN

.in all of the 37919 debtor's equipment l

I i

l l.

I e

I i

i l

l-1

~

Total 3,358,434

- - ~

Sch:dule' A Cr:ditors h:ving unsecur:d cirims with ut prirrity.

n...e u orono, i nsuo no.nra,un,o.nsuecay.ium ca.m. s.nt.o.fea o,.a n..

oni,ne,oi.on ino c.a,, cu,... u..

an.ouni a cu m sn noine, u ny neuon eio efai u.viciof..ii.,n cuun i, i.o a.no,ni. u auiu a ivo. o...

i.nueni. uni.i o.a.o.a.or

.and coms,seau rnading audress includ-puted, sutnect 40 setott, evioencea tiy a sungment, dispoivo 849 25p cDdtL nUQOlliabitt tribtfumeitt, Of Ulleeft ordetto, ur sent;ufeed Db pdf1 fief Of juifil cullifist.iUf, hO Hid8 Cal 8; bDticily fndfl40 Of &tily pdfIllef OF JOlfll cOf tlfbclef On afty oeial 5

SEE NITACilED SCllEDULE A-3 3,124,635.10 l.-

Mal 3,124,63'i.10 l

l simu 6.t.2 Ailuusi s, usi ima.us r1nrt sitai ramitits. ro us ww.. eamn a enu.nh a a.non. mer i sw o'.i wn a aimir.:i sw *st.uir a sie w ww

'i SCHEDULE.A-3 Description Date Amount 1

.Harbin Company' RentL 6/89 S-4,256.001

~

6408 ClintonLHwy.

const. manager 25,835.00 Knoxville, TN. 37912-services CONTINGENT Principal Mutual Health Insurance 5/89 2,159.01 c711 High: Street 6/89

. Des Moines, Iowa 50309 Provident Life' Ins. Co.

' Disability 5/89 399.80 P.O.-Box 12027-Insurance 6/89-

. Chattanooga, TN. 37401

-Rent-A Maid Cleaning 3/89 2,524.99 Rt 8 Box 238 5/89

.Clinton, TN 37716

-Adroit Office Supplies-Furniture 7/88 3,081.75-

~122 East-Division Rd Supplies 6/89 43.39 Oak Ridge, TN 37830' Scott Sams Enterprises PR work 4/89 516.02 6500,PapermillLRd Suite 210 Knoxville, TN 37919 Fluorochem Zinc Services 3/89 2,000.00 16801A. Ayon-Avenue

~Azusa, CA '91702.

Pugh & Company Accounting 4/89 7,350.00 P.

O. Box 50250

. Knoxville, TN 37950-0250 Advantage Leasing Jeep Lease 5/89 1,517.91 10501'Wayzata Blvd CONTINGENT 6/89 g.

i Minnetonka, MN 55343 (payoff 19,700)

Matthew Bender Literature 4/89 165.16 P. O. Box 658 Albany, NY 12201-0658 American Photocopy Copier PM 4/89 589.09 P. O.

Box 61 5/89 Knoxville, TN 37901 Polaris Travel Plane fare 5/15 912.00 Oak Ridge TN 37 3b

a.

Clinton Offico-Supply supplies 4/89.

84.71 203 N. Hicks _St.

Clinton, TN 37716 MCI Telecommunications phone charges 5/89 273.64 P.

O.. Box 26368 Richmond, VA 23261-6368 United Parcel Service postage 6/89 8.50 P. O. Box 59042 Knoxville, TN 37950 AT&T Information ystems Maintenance 4/89 263.98 9041 Executive Paix Phone System 5/89 Knoxville, TN 37912 CONTINGENT Pat Hopper consulting 4/89 952.00 5771 Desertgold Dr.

6/89

-Cincinnati, OH 45247 Business Machines Co.

supplies 5/89 49.91 4028 Papermill Center Suite 17 Knoxville, TN 37909 Oak Ridge Locksmith locks changed S/89 72.73 123 Towne Road Oak Ridge, TN 37830 Cames R. Martin security work 5/89 94.18 P.

O.

Box 11341 Knoxville, TN 37939 Professional Typewriter supplies 5/89 48.49 P.

O.

Box 11043 Knoxville, TN 37939-1043 H&R Technical Associates contract work 12/88 1,427.70 575 Oak Ridge Turnp'ike Oak Ridge, TN 37830 Ebasco, Inc.

contract work 1987 7,006.25 Two World Trade Center New York, NY 10048-0752 Peat Marwick Company accounting 1987 5,280.00 767 Fifth Avenue New York, NY 10153 Federal Express postage 4/89 317.75 P.

O. Box 1140 Dept A Memphis, TN 38101 L

i i g,(.a

s

'j.M2rtin[Mariotta Ensrgy-Interest:ChargeJ

'3/89-70.32

'M,,,,

6/89

'. Systems,.Inc..

n P.?On Box 1000 LDept1153

. Memphis,-TN-38148.-

! Advanc'edi Of fice J Supply -

supplies.

5/89-77.38 10613 Dutchtown'Rd.

~

-Knoxville, TNe!37933 a

Lanier Office: Products.

phone lease ~

'6/89~

160;19-

'P..O.iBox 105153

-(payoff 1,855)

Atlanta', GA '30348-5153

Tennessee Commercial copier lease 6/89

'371.72 Credit' Corporation (payoff 4,722)

.P. O.LBox=188

.Loudon,.TN 37774'

~

DISPUTED 10/88

.50,000. 0 0

CEO,.Inc.'...

'531LS. Gay Street CONTINGENT' 5/89 Suite:1500 Knoxville,:TN 37901 contract 4/89 4,600'.00' services Universal-Brokers'of DISPUTED 10/88 200,000.00 Equipment-.

' CONTINGENT 6/89 700 S.

Illinois Ave.

Suite A104 e

,. Oak Ridge, TN 37830 PitneyLBowes.

Postage Meter-6/89 56.18-

~

9211' Park West Blvd.

-Knoxville, TN~ 37923-4496

?-Internat'ional Hauling DISPUTED 10/88 156,000.00 G. Rigging, Inc.

CONTINGENT 3/89

P.- O. Box 23345~

EKnoxville, TN 37933 Quarant & Quarant travel costs.

08/88 331.72

~

.Jox 500 Elizabethtown, Ill 62931 Insurance Service Group binder fee 11/88 2,968.00 130' Main Street Clinton, TN 37717-0703 Mitzi;S. Miller reimbursed 4/89 1,080.60 Rt 2 Box 248 expenses 5/89 Powell, TN.37849 compensation 10/86 5,250.00 previous services Mark Miller compensation 10/86 3,250.00

?Rt'2, Box 248 previous services Powell, TN 37849

p.:

i

,. Billy Sems compensation.

10/86.

4,500.00 e:-

.-702:S. Illinois. Ave.

previous-service if

-(: Oak Ridge,.TN. 37830

'A.

Andrew Carey.

compensation 10/86 21,500.00

~

previous service Rt 7, Dixon'Rd..

iLenoir City,.TNJ 37830 Bank Note-5/88 485,000.00-CONTINGENT-

-Payroll-4/89 5,216.50 5/89 Judith Wi1 son compensation 10/86L 5,400.00'

~

1005 Rosa Avenue' previous service Metarie, LAH.70005:

Bank Note 5/88 485,000.00 CONTINGENT

/ Bruce R.

Clark reimbursed 3/89 310.07 4512 High Vista Lane-expenses Knoxville, TN. 37931 Stephen 1A. Irving Bank Note 5/88 485,000.00

^

Rt 7,.Dixon Road CONTINGENT

Lenoir City, TN 37771 Payroll 4/89 4,949.50-5/89

-Diane Mealer Bank Note 5/88 485,000.00 CONTINGENT

.Ste A104, 702-S. Illinois Ave.

Oak Ridge, TN 37830 John H.

Smelser, Jr Bank Note.

5/88 485,000.00~

531 S.

Gay Street CONTINGENT Ste 1500 Knoxville, TN-37902 William A.

Pfeifer payroll 5/89 2,166.00 11428 Hickory Springs Knoxville, TN 37932 Paul C. Scruggs payroll 4/89 3,729.09 1431 Cherokee Trail #14

Knoxville, TN 37920 Rosemary.Pomeroy mi11 wrights 3/89 12,482.98 I

. attorney,.

5/89

'225 East Broad Street Columbus,. Ohio 43215-3709 Terminal Steel equipment 4/89 1,260.00 6561 E.

Seven Mile Rd.

. Detroit, MI 48234 m-__-_____

?*h lPiko Ssnitation" Company dumpster.

~4/89

.829.80

"" :-120 ' South ~ Lock: Street 6/89

.Waverly, Ohio f45690-1389' AmeriPak,'inc..

. supplies 5/89 152.46 "404 JeffersonLTrade Center

Louisville, KYL40241

Ford' City. Equipment.

freight 3/89 346.21

-P..O.

Box 189

. Ford City,~PA 16226 Bayse Office Supply.

supplies 5/89 95.~50 122 N. High-Street.

Waverly., OH :45690-GTE North phone 5/89 427.69 P.

O.' Box 7101 6/89

. Indianapolis, IN 46207 Southern' Ohio Comm.

beepers 5/89 262.23 P.

O. Box 488.

6/89

'Waverly, Ohio-145690 Elks Count'ry Club carts 5/89 300.00 Rt 2, Box 118-8 McDerMott, OH 45652 1

Conner Bros Excavating freight 3/89 500.00 3719 Copper Ridge Rd.

Knoxville, TN 37931 Undelivered 3,500.00 Applied Film Labs 6787 Winchester Circle Equipment Boulder, CO 80301=3597 CONTINGENT

303-530-1411 DISPUTED.

Satin ~ America Corp.

Undelivered 70,355.00

.P.O.

Box 619' Equipment.

Shelton, CT 06484 CONTINGENT 203-929-6363 DISPUTED Enterprise Equipment Undelivered 8,728.00 600 Caniff Equipment Detroit, Michigan 48212 CONTINGENT 313-366-6600 DISPUTED Perry Equipment Undelivered 11,300.00 25 Mount Laurel Rd.

Equipment Hainesport, NJ 08036 CONTINGENT 609-267-1659 DISPUTED

B01Cr Equipm:nt Und311vsred 20,000.00 P.O. Dox 145B Equipment.

Greer, SC 29652-1458 CONTINGENT 803-877-9648 DISPUTED Northwest Tools Undelivered 4,788.00 P.O. Box 761-Equipment

.Lithonia, GA 30058 CONTINGENT 404-482-9688 DISPUTI D I.

Deutch & Sons Undelivered 14,000.00 311 Baymiller Street Equipment Cincinnati, Ohio.45203 CONTINGENT 513-721-7256 DISPUTED Phillips Service Ind.

Undelivered 150.00 Caller Box 3313 Equipment Lavonia, MI 48151-3313 CONTINGENT DISPUTED Manufacturing Sciences Undelivered 1,800.00 P.O. Box 886 Equipment Oak Ridge, TN 37830 CONTINGENT 615-481-0455 DISPUTED Sierra Den Company Undelivered 8,000.00 224 Cedar Hill Road Equipment Lancaster, Ohio 43130 CONTINGENT DISPUTED 011 City Valve Supply Undelivered 1,140.00 7311 Galveston Road #710 Equipment Houston, TN 77034 CONTINGENT 713-941-2411 DISPUTED t

p L'

Schedule B - Statement of All Property of Debtor

- SChedulCS O-1,0-2,0-3 and B-4 must include all property Of the delitor a5 Of the date of ine tii.ng of the pelstion t>y of agaertst him.

Schedule B-1. - Real Property D6CrislhDi* dnd lDCation Of all fe hl pf 0pefly in whaCh debtDr D36 &n Nature Of interest (bpecdy all deedb end Mdikel value Of deblur's interest without inlifIbt [snCludsng eQuitdble Dr.d future interests, uiterestb en writion siihlrumefil6 felating theretol deduchon for $ccured cleums insted an schedute A-2 or enemptions cidaned in c st:::s by the eninety, communsty proprty, sile estates, lease-Schedule D-4 holds,2nd rights and powers exercisable for his Own taenefit]

NONE 1

l Total l

s

_ ~ ~ _ - - _ m _m m _m

W

.4

'(

otrCtAt roRus i

Schedule B Personal Property Maket value of ceutor's mtment without oorfucten sur seem Descnphon and Location

+mt.o on scrivause A 2 or esenipions cumnea en Schaose b-4 Type ct Property 38.00

c. C:sh en hand 2,000,000.00 Deposits of money with banking institutions, savings and loan associations, brokerage housis, credit unions, public utihty companies, tandlords and others b.

c. Hous1 hold goods, supplies and fumishings a Books, pictures, and other art objects,; stamp, coin and other collections

c. Wnring apparel, jewelry, firearms, sports equiptnent and other personal possessions f.

Aut;m; biles, trucks, trailers and other vehicles

g. Bolts, motors and their accessories

h. LivIst:ck, poultry and other animals I. ' Farming equipment, supplies and implements 27,000.00 Offic3 equipment, furnishings and supplies 1

63,000,000.00 Machinery, fixtures, equipment and supplies [other than those listed in items ) and 1] used in businer,s k.

1.

Inventory

m. Tengible personal property of any other description

]

10,000,000.00 Pctents, copyrights, licenses, franchises and other general intangibles [specify all documents and

n. NRC license, DOE contract

o. Government and corporate bonds and other negotiable and nonnegotiable instruments Other liquidated debts owing debtor p.

148,523.00 Contingent and unliquidated chims of every nature, including counterclaims of the debtor [give es o

f h]

Interests in insurance policies [name insurance cornpany of each policy and itemlie surrender or refund valu r.

Annuities Diemize and name each issuer) 8.

Stock and interests in incorporated and unincorporated companies litemize separatety]

1. '

Interests in partnerships u.

Equitable and future interests, lite estates, and rights or powers exercisable for th v.

75,175,561.00 Total totW E. D 7 JinV 10.1W4 CliAHAM Ptf firl Lf GAL PillHillis Pe DDR lati,6 i AIRVirW HrfGtifs. R( $??08 PHONI 1800 851 'l8981 UN EltN0fSi I 618 (O? 5600

..EV

$Y L.

Summary of debts and property.

^.

~ [From the; statements of the debtor in Schedules A and B]'

n lotat,

34-14,160.00'

llMMI)i DEaTS 0

M/5,b i Wages, etc. having priority '

1,800.00 NI/c.d u

' Claims of farmers,lishermen O

//Ne

- Depods of money.

32.45 f f-1/f('t).

Taxes ouing United States 391.97.

Taxes owng atates

-1/i(2F f t 1/l(3)

Taxes owine other taxing authorit es.

3,358,434.00 e

3,124,635.10 E d Secured cla,ns -

fM-3:l Unsecured c. aims without priority

$b,499e453.52 Schedule A Total PROPERTY 0

38.00

, Real propurty (totcl value]

=.B-15 2,000,000.00:

i Cash on ',tand -

!B-2/m' 0

Deposits B 2/b 0

Household goods

D 2/c 0

Dooks, pictures, and collections

'B-2/d Wearing apparel and personal possessions 0

3 G-2/e 0

Automobiles and other vehicles D 2/f '

O

0-2/g.-

Doats, motors, and accessories

.0-Livestock and other animals

' D-2/h.

27,000.00

' Farming supplies and implements B-2/i.

Office equipment and supptios.

63,000,000.00 l B-2/j '

Machinery, equipment, and supplies used in business 0

0-2/k '

0 inventory.

'D-2/l Other tangible personal property 10,000,000.00

. B-2/m Patents and other generalintangibles 0-

.. D-2/n.

()

Donds and other instruments B-2/o' 148,523.001 Other liquidated debts

,6-2/p Coritmgent and untiguidated claims 0'

6-2/q -

O

' interests in insurance policies B-2/r ~

0' Annuities

B-2/s Interests in corporations and unincorporated companies 0'

B-2/t'-

0 interests in partnerships g

D-2/u Equeable and future interests, rights, and powers in personalty 0

D-2/v

' Property assigned for benefit of creditors O'

. B 3/a Property not otherwise scheduled i

li B-3/b Schedute D iotal 75,175,561.00-

\\

Unsworn Declaration under Penalty of Perjury of Individual to Schedules

. sheets, and that they are true and correct to the best of my knowledge, m I, (we).:

the foregomg schedules, consisting of..

Signature:.

Executed on.-

Signature:..

or Partnership to Schedules A and 8the cort >otat10n ti

- Unsworn Declaration under Penalty of Perjury on Behalf of Corpora onlthe president QKJ0WutKstasd of A.t....A.JMg E.CW...gMR.X_

this case, declare under penalty of perjury that i b

4tilWX'9N#1HtiNtNetrWTMkgrJM NT AWkgrkittit9fTk9hlhDfEWMkit] named as de tor in. sheets, and th

- 1, ld informahon, have sedd the foregoing schedules, cont,asteng of....

J u.l].. 15...t. 19.._89..

Signature:. 0......EH....... A.. Ca.......

C and behet.

A.

rew tey

- Executed on 4

m,,

E

.,,,,,m.,,,,,...,,,,,,,c,..,,,,,,,_,,,,,,,,,,,,,,,,u,,,,,,

l e

Ill THE Ull1TED STATES BAl-!KRUPTCY COURT FOR THE EASTERN DISTRICT OF TEt!NESSEE In're: All Chemical I.sotope Enrichment, Inc.

Case 110.: 3-89-01695RS-llA Chapter 11 110llTHLY FIllAllCIAL REPORT For the Period Ending June 30, 1989 STATEMErlT OF CASH RECEIPTS AllD DISBURSEME!!TS Beginning Balance

7. 5'l Receipts:

(Give particulars, including each scurce, and amount received therefrom)

/ vil Corporation - (June 20, 1989) 1,000.00 (Voluntary third party contribution with no right or requirement of repayment.)

Total F.eceipts:

$ 1,000.00 l

)

1

f

. c>

l ue r

- Disbursements:

(Specify persons or businesses receiving payments and amounts paid)

DATE, PAYEE DESCRIPTION AMOUNT

- 6/21/89 Travelers Ins. Co.

Workman's Comp. Ins.

$ 585.00 6/21/89 CTE North Telephone - Ohio Operation 195.31 Total Disbursements:

$ 780,31 Ending Balance:

$ 227.??

i i

1-dhK

,A BOnkruptcysCourt for tho Eastcrn District of TN 0

T, d U.S.

Courtroom. 15th Floor. Plaza Tower, Knoxvillo,_ Tennessee rhIn:RS a Petition _for Relief under Chapter 11 of Title 11, U.S.

Code, filed by or f

'against the below-nated Debtor (s) on June 20, 1989:

DEBTOR' : ALL CHEMICAL ISOTOPE ENRICHMENT, INC. of PINE RIDGE OFFICE PARK, SUITE 202-B, 702 SOUTH ILLINOIS AVENUE, OAK RIDGE, TN 37830 aka/dba ALCHEMIE, INC.,

ID:62-1286782 CASE NO. 89-01695RS -11A You must file a proof of claim if your L

claim is scheduled as disputed, contingent or unliquidated, is unlisted or you do not i

agree with the amount..See 11 USC Sec 1111

& Bankruptcy rule 3003.

Bar date is October 12, 1989.

NOTICE FOR MEETING OF CREDITORS E

l ATTY FOR DEBTOR: Charles W.

Kite, P.

O.

Box 5260, Sevierville, TN 37864 L

Phone:615-453-9035 ITEM'NO.

1-5341(a) liEETING DATE: July 14, 1989 at'2:30 P.M.

in Meeting Room, Suite 610, Plaza Tower, Knoxville, Tennessee ITEM NO.

2-FILING DEADLINE FOR 5523(c)

COMPLAINTS: Not applicable.

A meeting-of creditors pursuant to 11 U.S.C. 5341(a) shall be held at the Etima and place specif.ed in ITEM NO 1 above at which time creditors may examine the debtor and file claims.

The debtor [and joint debtor, if any] and attorney for debtors (s) shall be in attendance at the 6341(a) meeting. A partnership shall appear by a general partner, a corporation by its president or other executive-officer.

Failure of the debtor or his attorney to appear at the 5341(a) meeting or to timely file schedules and statement of affairs may result in dismissal.

Upon filing of the petition, certain acts and proceedings against the

' debtor and the estate are stayed as provided in 11 U.S.C. 5362(a).

Dated: June 20, 1989 RICHARD STAIR, JR, U.S.

BANKRUPTCY JUDGE 1

I

k

.L, IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TENNESSEE In re Case Mo.

3-89-01695 ALL CHEMICAL ISOTOPE ENRICHMENT, INC.

a/k/a ALCHEMIE, INC.

Debtor ORDER The debtor having filed a voluntary petition under i

Chapter 11 of title 11 of the United States Code on June 20, 1989

it is ORDERED as follows

1.

The debtor will file with the clerk an original of all monthly operating reports required to be filed pursuant to Local Rule 4.

A copy of each operating report will be served on the United States

Trustee, on the committee of creditors appointed pursuant to 11 U.S.C.

S 1102, on the Internal Revenue Service, Special Procedures, P.

O.

Box 1107, Nashville, TN

37202, Attn:

C.G.

(Nick)

Williams, and on the United States Attorney for the Eastern District of Tennessee.

The debtor will certify service.

i 1

L

jis.0L J

2.

- Notices required by subsection (a) (2),. ' (3) and' (7), subsection (b)'and' subsection (f)(8) of. Bankruptcy.

' Rule. 2002' shall' be given' by the debtor.

Unless otherwise directed by. the court, ' notices. required by

~

subsection (a)(2). and - ( 3 ) of Bankruptcy Rule 2002-shalb be' mailed only to the United-States

Trustee, the committee of - creditors ' appointed pursuant to 11 U.S.C.

S'1102, the; twenty largest unsecured creditors listed on the listL filed by the debtor pursuant to Bankruptcy

. Rule 1007(d),'

on any department, agency or instrumentality 'of the United States to whom the - debtor is ' indebted, to ' the United States Attorney-for the Eastern District of Tennessee, and to any. other party.

in interest requesting notice.

The debtor will certify service.

3.-

Motions and notices of hearings required by i

subsections (b),

(c) and (d) of Bankruptcy Rule 4001

-shall be served by the debtor on any party entitled to notice under Bankruptcy Rule 9014, on the United States l

Trustee, on the committee of creditors appointed pursuant to 11 U.S.C.

5 1102, on the twenty largest l-unsecured creditors listed on the list filed by the debtor pursuant to Bankruptcy Rule 1007(d),

on any department, agency or instrumentality of the United j

States to whom the debtor is indebted, on the (1nited t

, j. 't.

g States Attorney for the Enstern ' District of - Tennessee, and on' any. other _ party in interest requesting service-of' such motion or noti'ce.

The debtor will certify service within~ twenty-four '(24) hours of.' filing the J

motion and notice required by this' paragraph.

4.

The court will hold a hearing on all motions filed pursuant to Bankruptcy: Rule 4001(b)', (c) and (d).

5.

The clerk will provide a hearing date and time only upon'the filing of a notice of hearing required to be ' served by the debtor under the provisions of this order.

Any such notice, when filed, shall contain a space for insertion by the clerk of the date, time, and place of any hearing.

ENTER: June 22, 1989.

BY THE C RICHARD STAIR, JR.

United States ankruptcy Judge 4

l' k

i 1

'cb L

2 U.S. B nkruptcy'C0urt fCr thO EnctCrn Dietrict of TN Courtroom. 15th Floor. Plaza Tower.~ Knoxville. Tennessee ln :R3.0 Petition for Relief ur. der Chapter 11 of Title 11, U.S. Code, filed by or 3g31n3t the below-named Debtor (s) on June 20, 1989:

DEZ, TOR

ALL CHEMICAL ISOTOPE ENRICKMENT, INC. of PINE RIDGE OFFICE PARK, SUITE 202-B, 702 SOUTH ILLINOIS AVENUE, OAK RIDGE, TN 37830 aka/dba ALCHEMIE, INC.,

ID:62-12867821 CASE NO. 89-01695RS -11A You must file'a proof of claim if your claim is scheduled as disputed, contingent or unliquidated, is unlisted or you do not agree with-the amount. See 11 USC Sec lill

& Bankruptcy' rule 3003.

Bar date is October 12, 1989.

NOTICE FOR MEETING OF CREDITORS STTY FOR DEBTOR: Charles W.

Kite, P.

O.

Box 5260, Sevierville, TN 37864 Phone:615-453-9035 ITEM NO.

1-5341(a) MEETING DATE: July 14, 1989 at 2:30 P.M.

in Meeting Room, Suite 610, Plaza Tower, Knoxville, Tennessee LTEM NO.

2-FILING DEADLINE FOR 5523(c)

COMPLAINTS: Not applicable, A m;eting of creditors pursuant to 11 U.S.C. 5341(a) shall be held.at the sim3 cnd place specif ed in ITEM NO 1 above at which time creditors may examine tha d htor and file claims.

Tha debtor [and joint debtor, if any) and attorney for debtors (s) shall be kn attendance at the $341(a) meeting. A partnership shall appear by a general scrtner, a corporation by its president or other executive officer.

Failure of the debtor or his attorney to appear at the 5341(a) meeting or so timnly file schedules and statement of affairs may result in dismissal.

Upon filing of the petition, cer j p ts a/d proceedings against the Bcbtor cnd the estate are stayed a to i ed 11 U.S.C. 5362(a).

l NE 3ct d June 20, 1989 RICHARD STAIR,

'H, U.S.

BANKRUPTCY JUDGE l

c 4

0

. s.

..e 0 --

STATEMENT OF EXECUTORY CONTRACTS

'~

u UNITED STATES BANKRUPTCY COURT FOR THE

..l?n 4 L.e r.rl.

. DISTRICT OF,

,Tp.nne,s,sep,,

X in r2 All Cl.emical Isot. ope Enrichment, Inc.

a/k/a/ A1ChemIE, Inc.

9 Ih. h 9

Case No..

Debtor include bese all names used by debtor within last 6 years.

x lhe debtor has the following executory contf acts.

SEE ATTACilED SCHEDULE A All Chemical Isotope Enrichment, Inc.

7/5/89 by

.f^

CA-< Mk/

9 Dated Dd'"'

A. Andrew Carey, Presiden State of.

. Temiest.see.

. county of.

. Ander. son.

, ss.:

INDIVIDUAL: 1

, the debtor named in the captioned case, do hereby declare tha.t i have read the foregoing statements, that the statements contained therein are true according to the best of my knowledge, Hitormation, and belici

}lres'i dent A. Andrew Carey.

. the.

CORPORATION: 1 of the corporation named as petitioner in the above captioned case, do herecy declare that I have read the foregoing state:nent, that the statements contained therein are true according to the best of my knowledge,information, and belief, and that the filing of this statement on behalf of the corporation has been authorized.

PARTNERSHIP. I,

. a member - an authorized agent - of the partnership named is petitioner in the above captioned case, do hereby declare that I have read the foregoing statement, that the stateme:nts contained therem are true cccording to the best of my knowledge,information, and belief and that the filing of this statement on behalf of the partnership has been authorized.

{

As 1

.b. b=r.dW. 4. M M$

Subsr:ribed and sworn to before me on July 5, 1989 A. A drew Casey soror c/

kL L.) '*i 3 t-t s p D L * *

\\

Amy. S.,'i hompson, iio t a ry. - Cotnny i.ss i on. Ex p i res

. omcw cr.r.ner 2/19/gy,

-,_,m

-, m m y.

4+

I SCIIEDULE A AT&T Information Systems Phone Maintenance 9041 Executive Park Agreement Knoxville, Tennessee 615-690-3400 Universal Brokers of Equipment Sub Lease and 700 South Illinois Avenue Sales Contract Suite A104 Oak Ridge, Tennessee 37830 615-481-0300 Advantage Leasing Automobile Lease 10501 Wayzata Blvd Minnetonka, MN. 55343 612-544-9642 Takeout Offer Newco 209 Waystation Road Knoxville, TN 37922 615-966-1914 Isotec, Inc.

Sales Contract 3858 Benner Road Miamisburg, Ohio 45342 513-859-1808 GE Nuclear Energy Sales Contract 175 Curtner Avenue San Jose, California 95125 Harbin Company Construction and 6408 Clinton Highway Financing Agreements Knoxville, Tennessee 37912 615-938-2961 U.S.

Services Sales Contract 19 Ox Dow Lane Summit, New Jersey 079012 201-273-0440 Anderson County Bank Financing Agreements 101 S. Main Street Clinton, TN 37716 1

615-457-4200 i

~ _ _. _ _ _ _

n

,g'f :#"M rtin Mariotta Energy Systems,.Inc..

Basic l Ordering Agree..

5

' : Post.Offico: Box 2009-

Oak nidge,sTennessee 37831 J615-576-3828 Department:of: Defense SBIR Grant-LStrategic'DefenseEInitiative Org..

o Washington, DC: 20301-7100 American Photocopy Copier Maintenance 1001-Kingston Pike Suit'eL37-Knoxville, TN 37922 615-694-7669-

~Lanier Business Products' Equipment Purchase Post. Office Box-105102-

. Atlanta,oGA 30348 800-554-3364 Leasefirst-Equipment Purchase Post Office Box 2459.

T Southfield, MI-48037-2459 313-357-5200-Tennessee Commercial Credit Copier Lease

~ Post Office Box 188 Loudon,.TN -37774

-615-525-0430-Union Capital. Securities Bond Agreement i

510~ Union Avenue-Knoxville, TN-37902 615-524-7777 Industrial: Development Board of Bond Agreement Anderson County, Tennessee-Brabson, Kite and Vance' Sales-Contract and Suite 307, 100 Forks of River Pkwy.

Agent Agreement Sevierville, TN 37864-5260 615-453-9035 l

(

Anvil Holding Ltd. Corp Financing Agreement c/o 14252 Culver Drive

' Suite A-275' Irvine, Californian 92714 213-432-1898 Kay-Voy, Inc.

Sales Contract Post Office Box 1072 Knoxville, TN 37901 615-546-7931 L

L

1UDAG-

. Building:GrantL US. Department of HUD' l Room 7274,f451 Seventh Street SW Washington,nDC ;20410~-

Reba'J. and Robert W..Holmberg Land Option 145 North Seneca' Road-Oak Ridge, TN' 37830

~615-483-8507!-

).

TecMan, - Inc.

Consulting Contract

!11413 Berry Hill Drive Knoxville,.TN 37931L 615-483-4004 U.S. Department.of. Energy Bill of Sale

. Post Office Box 2001 Oak-Ridge, TN 37831 1615-576-0795 BobELynch:

Stephen A.

Irving

-Consulting Contract Rt'7 Dixon Road-Lenoir City, TN 37771 615-986-6538 U.S.

Nuclear Regulatory Commission NRC License Bernard Bordenick, Legal. Council Washington, DC 30555

.202-492-1529

-Ernest Evans Stock Option 11413 Berry M111' Drive Knoxville, TN '37931 615-483-4004 Leon'L. Parris Stock Option 706 Riverbend' Road Clinton,'TN 37716 615-457-0733 Sebastian Palmer Stock Option 106'Hutchinson Place Oak Ridge, TN 37830 615-403-7598-James Hill Stock Option 1032 W. Outer Drive

' Oak. Ridge,.TN 37830

)

'615-482-5616-Amy S. Thompson Stock Option 8207 Burchfield Drive

-Oak Ridge, TN 37830 615-481-0152

_ _ = - _ _ - _ _ ~

Stock Option Sharon B. Watson 613 Laurel Valley Road-Knoxville, TN 37922 615-966-5462' Stock Option Samuel J.

Senatore 710 Swaps Lane Knoxville, TN 37923

.615-690-2726 Brown Jake and McDaniel Stock Option

'1810 Allor Ave.

Knoxville, TN 37921 615-637-8600 Stock Option Ron Mann

'19508 56th Stroet East Sumner, WA 98390 202-862-9238 Stock Option Harold Dell 111 Malvern Road Oak Ridge, TN 37830 615-483-9937 Stock-Employment Agree.

Paul C. Scruggs 1431 Cherokee Trail #14 Knoxville, TN 37920 615-577-5132 Stock-Comp. Agreement Mitzi S. Miller l

Rt 2, Box 248 Powell, TN 37849 615-945-3237 Stock-Comp. Agreement A.

Andrew Carey Rt 7, Dixon Rd.

Lenoir City, TN 37771 615-986-4302 Stephen A.

Irving Stock-Comp Agrecraent Rt 7, Dixon Rd Lenoir City, TN 37771 615-986-6538 Stock-Comp Agreement James Patton llopper 5771 Desertgold Drive Cincinnati, Ohio 45247 513-741-0540

!C_

~ Undelivered Equipment M *i

.Applico Film Labs'

~6787.Winchester Circle Boulder, CO - 80301=3597; 303-530-1411:

I

-Undelivered Equipment

' Satin America. Corp.

'P.O. BVox 619 Shelton,-CT. 06484' 203-929-6363

,i Undelivered Equipment

_l Enterprise Equipment' j

600 Caniff Detroit, Michigan-48212-2537-313-366-4600 l

Undelivered Equipment l

' Perry Equipment

-)

25 Mount Laurel Rd.

l I

'Hainesport; NJ. 08036 609-267-1659 Undelivered Equipment-l Balar Equipment.

P.O. Box-1458

-Greer, SC 29652-1458 i

803-877-9648 i

Undelivered Equipment 1

' Northwest Tools.

l P.O. Box 761..

'1 Lithonia, GA 30058' 404-482-9688 Undelivered Equipment I. Deutch & Sons 311 Daymiller Street l.

Cincinnati, Ohio 45203 l

'513-721-7256.

Phillips'_ Service Industries ~

Undelivered Equipment.

~

Caller Box 3313' Lavonia,-MI 48151-3313 Manufacturing Sciences Undelivered Equipment P.O. Box 886 i

Oak. Ridge, TN 37830 615-481-0455 Undelivered Equipment Sierra Den Company 224 Cedar' Hill Road

~Lancaster, Ohio 43130 t-Undelivered Equipment Oil City Valve Supply 7311 Galveston Road #710 Houston, TN 77034 713-941-2411 i__ _ _ _ - _.

i

4

..l -l

,' '. ' ! L 3*

ySt0wirt Instrum nt Company Undelivered Equipment

!P. O. Box 1507

!Gonzales, LA 70737 800-523-9549

.KGS Industrial Computer Service Undelivered Equipment 115115 Diversey Street

Dearborn,

MI 48126 Hardware Solutions Undelivered Equipment

,L5401 Detroit Ave. Sto 102 l',akewood, Ohio 44107

!16-228-3400

NDkmt48.fL ibsunviLL r.( Li ri' lno,.

v1 971 5191 Aug 04.89 14:N r~.v[

ls }

tY IN THE UNITED STATES BANKRUPTCY COURT FOR THE

. EASTERN DISTRICT OF TENNESSEE o

NORTHERN DIVISION I

IN RE:-

)

' Case No. 3-89-01695

'ALL CHEMICAL ISOTOPE

)

ENRICHMENT, INC.

)

CHAPTER 11 Debtor.

)

APPLICATION OF DEBTOR-IN-POSSESSION FOR AUTHORITY TO ENGACE COUNSEL IN CHAPTER 11 PROCEEDINGS TO THE HONORABLE RICHARD STAIR, JR.,

BANKRUPTCY JUDGE:

ALL CHEMICAL ISOTOPE ENRICHMENT, INC., the Debtor-in-Possession'(" Applicant") requests that this Court enter the Order annexed hereto, authorizing Applicant to employ Heiskell, Donelson, Bearman, Adams, Williams-& Kirsch, for the purpose of representing Applicant throughout these proceedings under Chapter 11 of Title 11 of the United States Code and in all matters related to or involving the Applicant-and the Applicant's assets, and in support thereof represents that:

1.

Applicant is the Debtor-in-Possession and is operating its business, known as All Chemical Isotope Enrichment, Inc. d/b/a AlchemIE, Inc., which is a business formed to acquire equipment to produce isotopes and to sell such isotopes for commercial purposes.

2.

Heiskell, Donelson, Bearman, Adams, Williams &

Kirsch is familiar with the affairs of the Applicant by l

lL__-_______-_-

7-

- n6sfumai.u,.n tlc. pr wu.

on, Wa 5191.Aug 04,89 14:36 F.ua V-5 ;

j i-Il reason of such firm's initial consultation with the.

representatives of the Applicant in this matter.

3.

_ Applicant requests authority to engage Heiskoll, Donelson, Bearman, Adams, Williams & Kirsch to represent Applicant in the Chapter 11 proceedings.

The fees and expenses will be at the standard hourly rates and charges of Heiskell, Donelson,-Bearman, Adams, Williams & Kirsch, with a retainer,of Ten Thousand Dollars ($10,000).

Such retainer is to be' paid by Applicant.from funds to be loaned to the Applicant by certain investors and/or shareholders of the i

Applicant subject to the approval of the Court.

Concurrently with the filing of this Application, the Applicant is filing an application to incur unsecured indebtedness for payment of administrative expenses, including, without limitation, the retainer set forth above.

The payment of legal fees and expenses incurred in the Chapter 11 proceeding will be subject to the approval of the Court in accordance with Bankruptcy Rule 2016.

4.

Applicant believes that Heiskell, Donelson, Bearman, i

Adams, Williams & Kirsch is competent to provide representation during the Chapter 11 proceedings by reason of the firm's experience and expertise in handling such mattars.

5.

The Affidavit of David E.

Fielder, a member of Heiskell, Donelson,

Dearman,

Adams, Williams & Kirsch is attached.

?

I HDBBWSk.Kaunv1LLE ~lN

'Ho.

01d'971 5191.Aug 04.89 14:36 P.05

[

..,..,j WHEREFORE, the Debtor-in-Possession requests..that this application be granted and that the Order annexed hereto bo l

entered.

Respectfully subnitted, ALL CHEMICAL ISOTOPE ENRICIIMENT, INC.

Byt President CERTIFICATE OF SERVTCE It is hereby' certified.that the undersigned has served a l

true and correct copy of the foregoing Application on the parties set forth on the attached list, by U.S. Mail, thin day.of August, 1989.

HEISKELL, DONELSON, DEARMAN, ADAMS, WILLIAMS & KIRSCH By: _

David E.'~ Fielder Mary D. Miller Suite 600, Plaza Tower Knoxville, Tennessee 37929 (615) 522-4400 t

DEF14.018 3

-o n,371 5191 Aug?04.85 14:39 P.u9-

.nuonwt.ics,nuisv; Luc.

in.

av.

l CERTIFICATE OF SERVICE It is-hereby certified that thr undersigned has served a

+

7; true and correct copy of the foregoing Application on the parties set'forth on the attached list, by U.S. Mail, this day of August, 1989.

HEISKELL, DONELSON, BEARMAN, ADAMS, WILLIAMS & KIRSCH

'By:

David E.

Fielder Mary D. Miller Suite 600, Plaza Tower

. Knoxville, Tennessee 37929 (615) 522-4400 mdall.64

aa

.,....>.wuud.Li -

'f

^

Jul.21.1999 03:53 PH FC2 Trem.

IN THE UNITED STATES BANKRUPTCY COURT FoR THE EASTERN DISTRICT OF TENNESSEE IN RE ALL CHEMICAL ISOTOPE ENRICHMENT, INC.

DBA ALCHEMIE, INC.

Debtor Case No. 3-89-oises on3EctroN To NoTroN To DisNIss AEpjoR MoTIoM FoR CONTINUANCE COMES NOW Dennis L. Bell, a shareholder and creditor in this

cause, and --Maurice Hill and Paul Hayden as

e. shareholders, hereinafter collectively referred to as Respondents, by and through counsel and in support of his objection to Debtor's Motion to Dismiss would say unto this Honorable Court as follows:

On or about the 14th day of July,1989 the Debtor filed 1.

for a Motion to Dismiss the bankruptcy.

2.

In Paragraphs 3 and 4 of the Motion to Dismiss the Debtor indicates that it has solved it's differences with the bank and can pay it's legitinate ' debt when it falls due.

Pursuant to information available to Respondents as of Friday, the 22st of July, 1989, the Respondents believe that there is a substantial likelihood that the D6btor has not solved these differences and is not in a position to satisfy it's creditors.

Respondents are of the opinion that in order to satisfy 3.

the bank and other creditors that the Debtor must have an

$8,000,000 bond that is accepted by the Department of Energy and is in place and that the Debtor must also have the agreement of the shareholders of the company to dilute the shares of the company before outside investors, on which Debtor is counting to satisfy the creditors, have a legal obligation to come forward and l

participate with the Debtor in satisfying the creditors.

l 1

E_______

~ ~ " I

~ ~ " ' ~ ~ '

7v Y

[~[

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y,-

Jul.31 1989 03S3 PH.

PC3 i

'from.

i,.

4.

Respondents are of the opinion that before these condit!ons are net,'the Debtor should remain in chapter 11 as the Respondents wish for the court to oversee the reorganization of the Debtor and oversee any proposal that is made that will affect the creditors and the shareholders of the Debtor.

Respondents have just received late on Thursday, July 20, 5.

1989 various documents which purport to be the Memorandum of Understanding and other documents involving the Debtors ability. to satisfy the creditors, copies of which are attached hereto as collective Exhibit A to this Motion, and the Respondents believe that it shculd have substantially more time to review these documents than two business days and would therefore request the Court to continue this hearing on the Motion to Dismiss until such time as the Respondents and other. creditors and the shareholders of AlchemIE have an opportunity to review this transaction.

The Respondents are aware that the Debtor is alleging 6.

that the dismissal of the Chapter 11 must occur on July 24th and the dilution of the stock occur on Saturday the 29th or the -

investors that Debtor is relying upon to satisfy the creditors will no longer be a viable option for the company. The Respondents feel that the urgency of the time frame is invalid and improper and would show this Honorable Court that in the event a dismissal is in the best interest of the creditors and the shareholders of AlchemIE that the decision can be made after the information is distributed to all interested parties and after the conditions procedent have been met.

WHERETORE, premises considered, the Respondents would pray unto this Honorable' Court as follows:

1.

That this Motion to Dismiss the bankruptcy be denied.

2.

That in the alterr.ative the Motion to Dismiss this bankruptcy be continued until such time as the creditors and shareholders of AlchemIE have had ample opportunity to revjew this critical information and until such time as the conditions precedent to any relief available for the creditors of A1ChemIE have been mot.

2 m_.m___.__-_____

I From ;

Jul.3$.1999 03:53 PN PO4 l:

l 3.

For such other further and. general relief to which Respondents may be entitled.

4.

That costs of this dism ssal be taxed to the Debtor.

WITNESSETH this the 1/" day of M

, 1989.

Respectiv y submitte iny:

7/fs We M. Ug56 son David A.. Bur dnalter Counsel for Respondents CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing has been served upon thost entities below by mailing a copy of same to them with first class postage prepaid, or by hand delivery, and in addition thereto a copy has been faxed to those e ties indicated.

Cooge M. Jcpufison 0

0'*

f,

C, 3

.mm-___.-

7.,y M 'j -j,e yg o

~ 4!

h,

'IN THE UNITED' STATES BANKRUPTCY' COURT

{

FOR:THE EASTERN DISTRICT OF TENNESSEE'

_IN'RE:-:

)

ALL' CHEMICAL' ISOTOPE ENRICHMENT,'INC.)

Case No. 3-89-01695 d/b/a ALCHEMIE, SINC..

4

)

DEBTOR AFFIDAVIT OF PROPOSED ATTORNEYS STATE'OF TENNESSEE

' COUNTY--OF SEVIER Before 'me, ' the -' undersigned authority personally appeared Charles W.. Kite, who being first duly. sworn, deposes

~and says::

1.

I,- Charles W..

Kite, am an attorney at law duly

. licensed-to practice in this State and admitted to practice in this Court.

2.

I am -a member of the firm of Brabson, Kite and Vance and maintain of fices at Citizens National Bank Plaza, Sevierville, Tennessee.

3.

I-and the firm of Brabson, Kite. and Vance have

- been requested to represent the Debtor specifically for the-purpose.of being general counsel for the Board of Directors and'

- to' advise it on non-bankruptcy matters, and for the purpose of representing the Debtor in the completion of contracts between

--:_=__-________________--- _ _ _ _ _ _. _ _ _ - _

A 1

the Debtor and the U.S.

Department of Energy and between the Debtor and the investors currently having a contract including the preparation and review of all documents to be prepared to l

consummate the contracts.

4.

To the best of my knowledge, neither I or any member of the firm of Brabson, Kite and Vance has or represents an interest adverse to the Debtor or its estate.

The firm of Brabson, Kite and Vance is owed One Thousand and 00/100 ($1,000)

Dollars by the Debtor for services rendered prior to the filing of the bankruptcy proceeding which is not connected with or related to the preparation of the original Petition, and Schedule and Statement of Affairs filed herein.

The firm of

Brabson, Kite and Vance or its members have two executory contracts with the Debtor, one to acquire funding and a capital contribution and one for the sale of isotopes.

BRABSON, KITE VANCE

)./

BY:

_/ V

-7

~ ~ ' ~ -

Chsfles W. Kite

' u-P.O.

Box 5260 Sevierville, TN 37864 (615) 673-9938 Subscribed and sworn before me Witness by hand and Official Seal this // '* day f Gune, 1989.

i s..

I t'.t t e _

~) 04'n s ') -Y )

NOTARY PUBLIC My Commission Expires:

. - / 9-yJ '

1 l

i

Q IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TENNESSEE IN RE:

)

c/ M3 Case No. 3-89-0165c ALL CHEMICAL ISOTOPE ENRICRMENT, INC.

)

d/b/a ALCHEMIE, INC.

)

DEBTOR MOTION TO DISMISS l

To:

The Honorable Richard Stair, Jr.

The United States Bankruptcy Judge 1.

On June 20, 1989, the Debtor filed its petition for reorganization proceedings pursuant to Chapter 11 of the Bankruptcy Code.

2.

The primary reason for filing this petition was the commencement of foreclosure proceedings by Anderson County Bank, the Debtor's largest creditor witn reference to the bulk of the tangible assets of the Debtor.

3.

Since the commencement of Chapter 11 Proceedings, the Debtor has had certain discussions with the Bank which has resulted in a resolution of previous difficulties with the Bank.

4.

On account of the resolution of the difficulties with the Bank, the Debtor is now believes that it is in a position where it can pay its legitimate debts and obligations as they fall due, and that no useful purpose would be served j.

by the continuation of these proceedings, and further that BRABSON KIE

&V@CE NYxNE l

uma m L

l

.a

(

no interest of any creditor, either secured or unsecured, would be adversely affected by the immediate termination of these proceedings.

5.

The Debtor further requests that the Court expedite the hearing on this motion and that the same be scheduled for a date certain on or before July 24, 1989.

WHEREFORE, the Debtor respectfully prays that these proceedings under Chapter 11 of the Bankruptcy Code be voluntarily dismissed and for such other relief as re-quested in this motion, and as may be appropriate.

BRABSON, KITE & VANCE BY:

7 \\~7' Ben D.

Brdbsch, Jr.

P. O. Box 5260 Sevierville, TN 37864 (615) 673-9938 Attorney for Debtor CERTIFICATE OF SERVICE I, Ben D. Brabson, Jr., do hereby certify that I have forwarded a true and exact copy of the foregoing i

Motion to Dismiss to all creditors and parties of interest 1

in this matter, pursuant to the attached list.

This thd S/II_ day of July, 1989.

)

Ben'D. Brabson, Jr.

t 1

2-

wl :

I'

__ ;{

(.e

-IN'THE-UNITED' STATES. BANKRUPTCY COURT FOR THE EASTERN DISTRICT'0F TENNESSEE

'IN RE:

) Case No. 3-89-01695..

ALL CHEMICAL ISOTOPE ENRICHMENT, INC'.

)

d/b/a ALCHEMIE,: INC.

)

DEBTOR-N O

T' I

C E

Take notice that a hearing of the motion'to dismiss will be held in the U. S. Bankruptcy Court, 15th Floor, Plaza Tower, Knoxville, Tennessee 37929-1521, at 9:00 a.m.,

July 24, 1989.

BRABSON. K!!E

& VANCE

' $$x# $

n l

j mau. m m ue o

L-

__m______________________

y ;-

i i

IN Tile UNITED STATES BANK'tul'TCY COUl!T FOR TiiE EASTEltN DISTitlCT W TENNESSEE IN RE:

)

t I

ALL CllEMICAL ISOTOPE

)

No. 3-89-01695 ENRICllMENT, 1HC., a/k/a Chapter 11 ALCllEM1E

)

ORDER TO REDUCE TIME The debtor filed on July 14, 1989 a motion to dismiss containing therein an application pursuant to the Bankruptcy Rule 9006 for a reduction of the time for notice of the hearing thereon pursuant to Bankruptcy Rule 2002, I

i and based upon the application contained in said motion and for cause shown it is hereby ORDERED that the counsel for the debtor shall I

l give notice by United States Mail on the 14th day of July, 1989 of a hearing on the debtor's motion to dismiss scheduled in this Court in Knoxville, Tennessee on 9:00 a.m.,

July I,

i l

24th, 1989 and in confirmation thereof shall file by Monday, I

i l

July 17, 1989 a certificate of service of r.he mailing of j

i said notice.

i ENTER this day of July, 1989.

I KlCllARD STAlR i

U.

S.

BANKRUPTCY JUDGE i

l l

i 1

BRABSON. Kllf

& VANCF I

' I$ t[*$E

$[WLWll,IN 378W5260 U

w Approtted for Entry:

BRABSON, KITE. VANCE i

l

~

. [/ /

f By:

/E Clia rle s W.

Kite-

" ' ~

l'.

O. Box 5260

[

Sevierville, TN 37864 (615) 673-9938 Attorneys for Debtor i

i l

l' ll

_C._EllT1 FI CATE OF SEltVICE lh 1, Charles W. Kite, do hereby certify that I have l

this date forwarded a true and exact copy of the foregoing pl Order to Reduce Time to all creditors and parties of interest by regular, Unit.og kay of Th i n cidGgte.c_11a i l, p o s prepaid.

uf'y 8

7 4G f

/b i

Charles W.

Kite

'~

l' j

t l

I l

i, ti L

h i

l a,

i i

ii h

i l

l I.

7 I ia

s.

IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TENNESSEE In re Case No. 3-89-01695 ALL CHEMICAL ISOTOPE ENRICHMENT, INC.

a/k/a ALCHEMIE, INC.

Debtor ORDER 7

1',

4 The debtor's Motion To Dismiss filed July July' 24, 1989, after notice, came on for hearing on 1989.

The court, after hearing statements of counsel and receiving limited evidence, directs that the Motion To Dismiss be continued for further hearing to August 9,

1989, at 9:00 a.m.,

in the Courtroom, 15th Floor, Plaza Tower, Knoxville, Tennessee.

The debtor is directed to provide documents or copies thereof I

relating to its dealings with the investor group which led to the execution of a " Memorandum Of Understanding" i

executed May 30, 1989.

These documents will be delivered to the Office of the United States Trustee,

)

J 6th Floor, Plaza Tower, Knoxville, Tennessee, on or 1

I a

l l

x1 before July 28,

1989, for inspection by interested parties.

This order is entered nunc pro tune for July 24, 1989.

SO ORDERED.

ENTER:

July 31, 1989 BY THE COU f

RICHA > STAIR, J.

United States Bankruptcy Judge f

cb 2

L'

i-w~.

IN Tile UNITED STATES BAtlKl!UPTCY COURT FOR Tile EASTEltN DIST) 1CT OF TENNESSEE l

i IN RE:

)

f, l

'ALL CilEMICAL ISOTOPE

)

No. 3-89-01695 i

ENitICllMENT, INC., a/k/a Chapter-11 ALCilEMIE

)

0RDER

{

The Motion to Dismiss of the Debtor with.notlee I

given' pursuant <to Bankruptcy Rules 2002 and 9006 was heard i

pursuant to'the order of this Court on July 24, 1989 at 9: 00 a.m. and again at 1:30 p.m., and based on the debtor's Motion, the evidence presented at the hearing, the arguments l

l of the various counsel in attendance, and for cause shoun, it is hereby ORDERED that the Motion to Dismiss of the Debtor is continued for further hearing in this Court at 9:00 a.m.,

l

- j August 9, 1989, except as hereinafter modified-md it is 1

FURTilER ORDERED that the Debtor shall provide copies of the documents relating to the dealing between t

the Debtor and the prospective investors by the delivery j!

thereof, to the office of the U.

S. Trustee by 12:00 noon o

Friday, July' 28, 1989; and it is

'I FURTilER ORDERED that the Petition filed herein

.l p

by the debtor may be dismissed pursuant to further order of this Court upon the submission to this Court of an agreement i

t i

j.

ji executed by the parties of interest from which affirmative i

d

'l l

lt EUES0ttKITE '

l 51

& VANCE YOYll5X $$l[

maa n 3D*4120

c-q 1

l' j,%

ii l-I n,

i i

1 action is required, being the debtor, Anderson County Bank, I

il the proposed new investors in the debtor, and the United y

n

-l States Department of Energy and which agreement must contain i

oit q

3 the following:

(1) binding conditions therein providing for the payment of all undisputed claims of creditors of

{

u

!l the debtor in negotiable funds or otherwise as the various 1

n creditors may agree in the full or settled amounts of their b

l respective claims, (2) binding conditions which will provide i

b for the fu'11 protection of all creditors whose claims are

[,

disputed by the issuance of payment bonds from a surety i i j;

listed on the United States Treasury approved list for the r

i benefit of each creditor whose claim is disputed being the

]

claims of (a) John H.

Smelser and his various companies, CEO, Inc.

and Financial Intensive Care Corporation; of (b) Diane Mealer and her company, Universal Brokers of Equipment, l'

N Inc.; of (c) Earl Clark and his company, International Hauling n

j, and Rigging, Inc.; of (d) Dr. Ronald Nutt; and of (e) Dennis i i

i Bell, and which payment bonds must provide for the full li ll payment of the amounts of the respective claims as ultimately i

I determined in any judicial proceeding brought to enforce such claims or as may be settled by the parties by agreement h

I h

(3) binding condition which will provide for the full protection of the five contingent creditors whose claims arise from their execution of notes to the Anderson County Bank and t

.h

_ _______-______-___ - ___~

.?

4-

, ep f

=

which funds therefrom were assigned to the Debtor, which contingent creditors are Stephen Irving, A.

Andrew Carey, John 11. Smelser, Diane Mealer, and Judy Wilson, and (4)

{

the agreement is submitted to this Court for its approval with the affirmative recommendation of the United States Trustee.

I ENTER this day of July, 1989.

RICilARD STAIR U.

S.

BANKRUPTCY JUDGE i

t l

Approved for entry:

l BRABSON, KITE & VANCE By:

ffW U./( /

ll Cliarles W.

Kite

~

lH P. O.

Box 5260 Sevierville, TN 37864 ji (615) 673-9938 l

Attorneys for Debtor i

1 Il I

CERTIFICATE OF SERVICE 6

1, Charles W.

Kite, do hereby certify that I have this date forwarded a true and exact copy of the foregoing i

i Order to all creditors and parties of interest by regular,

(

United States Mail nostage prepaid.

This cf6D day of July, 1989.

((

H bharles W.

Kite

i

. ),,

f.

ow

,j i

i IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TENNESSEE (NORTHERN DIVISION)

IN RE:

ALL CHEMICAL ISOTOPE ENRICl! MENT, INC., a/k/a

ALCHEMIE, Debtor Case No. 3-89-01695

. Chapter 11 MOTION TO WITHDRAW AS ATTORNEYS FOR THE DEBTOR; MOTION TO WITIIDRAW APPLICATION FOR COMPENSATION Comes Charles W.

Rite and the law firm of Brabson, L

Kite and Vance, and respectfully moves this Honorable Court for its Order permitting withdrawal of said attorneys as cconsel for the Debtor, all Chemical Isotope Enrichment, Inc.

Movant would show that:

1.

The Debtor filed its petition for reorganization under Chapter 11 of the Bankruptcy Code on June 20, 1989.

2.

The Debtor filed its notice and application to employ said attorneys on July 5, 1989, together with the affidavit of said proposed attorneys.

3.

Said attorneys have represented the Debtor in the proceedings held to date.

m m -m 4.

Said attorneys now desire to withdraw as attorneys

$ ti L

-[@

for the Debtor and to withdraw their application for compensation, P R

$[

WHEREFORE, Charles W. Kite and the law firm of Brabson, o

t (Kite and Vance pray that

)

"', d

\\

they be permitted to withdraw as attorneys l@}

lfortheDebtorandtowithdrawtheirapplication for compensation.

n, 's $

J 3 m_-_

y' y

RESPECTFULLYSUBMITTEDthis9/

day of July, 1989.

BRABSON, KITE & VANCE 7

? Y'WO

/$ fA W.

. -fM(h ail e s W. Lite N

,,/

}

/

/ CERT

'. OF SERVICE

/

-k/ 'fpf

'f/f/ Q=w I,

'inic.cesMm

<c ao herelF hi.f-y. tha t I

have this date forwarded a true and exact copy of the foregoing Motion to the U.S.

Trustee, Mr.

E.

Franklin Childress, Jr.,

Kentucky / Tennessee Region 8,

U.S.

Post Office and Courthouce, Room 67, Chattanooga, TN 37402, and to all creditor partien by regular, Uni ted Sta ter l' ~Qt s ta ;e. p/n /qud of interest epaid.

f i

lCwan.aw g/f.f,7, x-f'fh8%

-t TH THE UNLTED ST/JFJ _ilAUEllllETC'L,,CQU.31 FOR THM EASTRRN DISTRICT OF TMNNMSSEE IN RE:

)

ALL CHEMICAL ISOTCPE,

)

Docket No. 3-89-01695 ENRICHMENT, INC., a/k/a

)

Chapter 11

ALCHEMIE,

)

Debtor.

)

IJOTICE OF RULE 2004 EXAMINATION Pursuant to the Order of the Eankruptcy Court entered July 10, 1989, John H.

Smelser, Jr. gives notico that, through counsel, he will conduct an examination of Mitzi Miller at the offices of Lockridge & Becker, 6th Floor, One Centre Square, Knoxville, TN 37902, beginning at 9:00 a.m. on July 21, 1989, 1

and continuing from day to day thereafter.

Mitzi Miller shall bring with her to the examination the following documents:

1.

All financial records of the debtor, including but not limited to, bank statements and cancelled checks (including but not limited to records of the checking account at Third National Bank of Sevierville, as to which Charles Kite is a signatory), invoices, receipts, and purchase orders.

2.

The minute books of the corporation, including all minutes and other documents contained therein.

I 3.

Any written attorney's opinions concerning the legality of any past or proposed issuance of stock by the debtor.

i i

1 1

a i

l i

i l

l I

-_ A

0; I t'.

4.

Any and all records relating to sales of equip-mant, including but not limited to documents showing the pro-coeds received from equipment sales, and the disposition of those proceeds.

5.

Any and all documents relating to the debtor's obtaining of necessary permits or other approval by Martin Marietta, the Department of Energy, or the Nuclear Regulatory Co:caission with regard to the debtor's proposed operations in Anderson' County, Tennessee.

I (J

M.

Edward Owens, Jr.

MORTON, LEUIS, KING & KRIEG 620 Market Street One Centre Square, 5th Floor P.

O.

Box 2425 Knoxvillo, TN 37901 615/546-4646 Attorneys for John H.

Smelser, Jr.

l l

?

l l

i l

l l

2 l

g. 6 i

i CERTIFICATE OF SERVICE I hereby certify that a true copy of the foregoing

.was furnished by United States Mail, postage prepaid,. or by j

hand delivery, to the following persons:

Charles W. Kite, Esquire Brabson, Kite & Vance Post Office Box 5260 Sevierville, TN 37864 Alexander Andrew Carey Route 7, Dixon Road Lenoir City, TII 37771

' Stephen Anthony Irving Route 7, Dixon Road Lenoir City, Tennessee Mitzi Miller Route 2, Box 248 Powell, TN 30749 k

J pha day of 4trno, 1989.

This the

/

M.

Edward Ouens, Jr.

/meo/alchemie. nots 1

i l

4 3

l I

i l

~

l 4

IN THE UNITED STATP,S_BAIERUPTCY COUR't FOR THE IIASTFillLD1 STRICT OF TENNESSEE IN RE:

)

ALL CHEMICAL ISOTOPE,

)

Docket No. 3-89-01695 E N R I C 21M E N T, INC., a/k/a

)

Chapter 11

ALCHEMIE,

)

Debtor.

)

UOTICE CP RULE 2004 EXAMINATION Pursuant to the Order of the Bankruptcy Court entered i

July 10, 1989, John H. Smelser, Jr. gives notice that, through counsel, he will conduct an examination of Alexander Ancrew Carey at the offices of Lockridge & Lecker, 6th Flecr, One Centre Square, Knoxville, TN 37902, beginning at 11:30 a.m.

on July 21, 1989, and continuing from day to day thereafter.

Alexander Andrew Carey shall bring with him to the examination the following documents:

1.

All financial records of the debtor, including i

but not limited to, bank statements and cancelled checks l

, (including but not limited to records of the checking nccount j

at Third National Bank of Sevierville, as to which Charlos l

.; Kit o is a signatory), invoices, receipts, and purchase orders.

i i

2.

The minute books of the corporation, including all minutes and other documents contained therein.

3.

Any written attorney's opinions concerning the legality of any past or proposed issuanco of ctock by the debtor.

I i

4 l

j 4

l 9

t i

j is 4.

Any and all records relating to sales of equip-ment, including but not limited to documents showing the pro-coeds received from equipment sales, and the disposition of those proceeds.

5.

Any and all documents relating to the debtor's obtaining of necessary permits cr other approval by Eartin Marietta, the Department of Energy, or the Nuclear Regulat.ory Commission with regard to the debtor's proposed operations in Anderson' County, Tennessee.

/

M.

Edward Owens, Jr.

MORTON, LEWIS, KING & KRIEG 620 Market Street One Centre Squere, 5th Floor P.

O.

Box 2425 Knoxville, TN 37901 615/546-4646 Attorneys for John H.

Smelser, Jr.

s i

l

.i 5

I i

b 1

CERTTPTCAmE OF CE?NICC I hereby certify that a true copy of the foregoing wac furnished by United States Mail, postage prepaid, or by hand delivery, to the fcllowing persons:

Charles W.

Kite, Esquirc Brabson, Kite & Vance Post Office Box 5260 Sevierville, Til 37864 Alexander Andrew Carey Route 7, Dixon Road Lenoir City, TN 37771 Stephen Anthony Irving Route 7, Dixon Road Lenoir City, Tennessee Mit,i Miller Rou.e 2, Box 248 Powell, TN 38749 n

dW-This the 17 - day of atrrm, 1989.

.G.

M. Edward Owe.4s, Jr.

/meo/alcheraie. nots I

+

6 l

6 o

i

,g w____

6 It! THE UrIITE0_STATF,S._DARKPUPTCv COURT FOR THE IGSTERN DJSTRICT OF TENMPEREE

)

IN RE:

)

Docket No. 3-89-01695

)

ALL CHEMICAL ISOTCPE, Chapter 11 ENRICHMENT, INC., a/k/a

)

ALCHEMIE, i

)

Debtor.

NO?TCE OF RULE 2004 EXM4TMATION d

Pursuant to the Order of the Bankruptcy Court entere through Smelser, Jr. gives notice that, July 10, 1989, John H.

examination of Stephen Anthony counsel, he will conduct an 3ecker, 6th Floor, One the offices of Lockridge &

Irving, at 37902, beginning at 3:00 p.m. on Centre Square,, Knoxville, TN 21, 1939, and continuing from day to day thereafter.

July i

i Stephen Anthony Irving shall bring with him to the examinat I.

the following documents:

1 All financial records of the debtor, including but not limited to, bank statements and cancelled checks limited to records of the checking account (including but not at Third National Bank of Sevierville, as to which Charles invoices, receipts, and purchase orders.

, Kite is a signatcry),

including 2.

The minute books of the corporation, all minutes and other documents contained therein.

concerning the 3.

Any written attorney's opinions prcposed issuance of stock by the legality of any past or debtor.

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4.

Any and all records relating to sales of equip-ment, including but not limited to documents showing the pro-ceeds received from equipment sales, and rhe disposition of these proceeds.

5.

Any and all documents relating to the debtor's obtaining of necessary pern.its or other cpproval by Martin Mariatta, the Dcpartment of Energy, or the Nuclear Regulat.ory Commission with regard to the debtor's proposed operations in Anderson' County, Tennessee.

M.

Eduard Owens, Jr.

MORTCN, LEUIS, KING & KRIEG 620 Market Street One Centre Square, 5th Floor P.

O. Box 2425 Knoxville, TN 37901 615/546-4646 Attorneys for John H. Smelser, Jr.

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CERTIFIC7sTE OF SFRVICE I hereby certify that a true copy of the forogoing was furnished by United States Mail, postage prepaid, or by hcnd delivery, to the following persens:

Charles W.

Kito, Esquire Brabson, Kite & Vance Post Otfice Box 5260 Seviervilla, TN 37864 Alexander Andrew Carey Route 7, Dixon Road Lenoir City, TN 37771 Stephen Anthony Irving Route 7, Dixon Road Lenoir City, Tennessee Mitzi Miller Route 2, Box 248 Powell, TN 38749

$ *6 7

4 This the 17 - day of Jur.b, 1989.

C7 M.

Edward Owens, Jr.

/meo/ alchemic. nots t

1 4

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e

-- s IN THE U',li-ED STATES BANKRUPTCY COURT FOR THE t: ASTERN DISTRICT OF TENNESSEE j

(NORTHERN DIVISION) in Re:

3 ALL CHEMICAL ISOTOPE ENRICHMENT, INC.,

a/k/a ALCHEMIE, INC.,

Debtor Ch. 11 #3-89-01695 MOTION TO SET TIME AND PLACE OF 2004 EXAMS OR IN THE ALTERNATIVE TO RESET THE HEARING ON DEBTOR'S MOTION TO DISMISS i

Comes Universal Brokers of Equipment (hereinafter UBE") by and through counsel and would move the court to require the representatives of the Debtor to rgpear for 2004 examination on July 21,1989 at 9:00 am at the Offices of Lockridge

,i and Becker or in the alternative move the court to reschedule the hearing on the Debtor's Motion to Dismiss until after July 27,1989 and in support thereof would chow as follows:

1)

On July 1,1989, upon motion of UBE, this court entered an order requiring named representatives of the Debtor to appear for 2004 examinations upon agreement of the parties or upon notice.

E 2)

On July 14,1989, counsel for UBE and John Smelzer, (who also had obtairtad an order for 2004 examinations of some of the same parties) agreed with counsel for the debtor to conduct the 2004 examinations on July 2G & 27,1989.

I Within an hour of such agreement the debtor filed it's motion to dismiss this proceeding and requested the Court to schedule the hearing on July 24,1989. which request the movant is informed was approved. At the @341 meeting counsel for the debtor informed counsel for UBE that the debtor would not agree to appear for the 2004, examinations prior to the July 24,1989 hearing.

l J

8tsi Li 3)

Movard be!! aves that it is not in a position to either agree with or object to the debtor's motion to dismiss until after the Ordered 2004 examination are conducted.

WHEREFORE, Movant would request the court to require the representatives of the debtor to appcar for 2004 examination on July 21,1989 at 9:00 am at the Offices of Lockridge & Becker, Market Street, Knoxville, TN or in the alternative move the court to reschedule the hearing on the Debtor's Motion to Dismiss until after July 27, AT D: 78 87

/ //

Re p0EITally Submitted, A'1 V&

EERROLD L. BECKER M

LOCKRIDGE & BECKER, P. C.

P. O. BOX 107 KNOXVILLE, TENNESSEE 37901 (615) 522-4194 MELNICK-MOORE BY:

.-N Pd2st AffES R. MOORE ~

6f2 S. Gay Street, Suite 900 P. O. Box 1790 Knoxville, Tennessee 37901 (615) 637-2523 Counsel for Universal Brokers of Equipment, Inc.

CERTIFICATE OF SERVICE The undersigned hereby represents that a true and exact copy of the foregoing Motion for 2004 Exam to Ben D. B;abson, Jr., Esquire, Brabson, Kite & Vance, 307 CNB Plaza, P. O. Box 5260, Sevierville, Tennessee 37864-5260; William Sonnenburg, Assistant U.S. Trustee, U.S. Courthouse, Room 58, Chattanooga, TN 37402: Alexander Carey, Route 7. Dixon Road, Lenoir City, TN 37771:

Stephen Irving,9015 Ten Mile Road, Apt.16, Knoxville,y 37923; M Powell, T N 38749; and to Amy S. Thompson,702 S I!!in61s day of July,1989.

ve. Oak Ridge, TN 37830 this the/_f

./f' N,JJtzo WsET2004 EXAMS /uBE79

r

(

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WC IN THE UNITED STATES BANKRUPTCY COURT

, }

FOR THE EASTERN. DISTRICT OF TENNESSEE

-IN RE:

)

c/ F15 Case No. 3-89-0169 FALL CHEMICAL ISOTOPE ENRICHMENT,.'lNC.

)

d/b/a ALCHEMIE, INC.

I

)-

DEBTOR MOTION TO DISMISS To:

The' Honorable-Richard Stair,.Jr.

The United States Bankruptcy Judge 1.

On June 20, 1989, the Debtor filed its petition for reorganization proceedings pursuant to Chapter 11 of the Bankruptcy Code.

2.

The primary reason for filing this petition was the commencement of. foreclosure proceedings by Anderson x

County Bank, the Debtor's largest creditor with reference to the bulk of the tangible assets of the Debtor.

3.

Since the commencement of Chapter 11 Proceedings, the Debtor has had certain discussions with the Bank which has resulted in a resolution of previous difficulties with the Bank.

4.

On account of the resolution of the difficulties with the Bank, the Debtor is now believes that it is in-a position where it can pay its legitimate debts and obligations as they fall due, and that no useful purpose would be served by the continuation of these proceedings, and further that 0,'

DRASSON, K!!E

' & VANCE '

M q'*g*g.

SMrallIN 3 m 5260

,</

i no interest of any creditor, either secured or unsecured, would be adversely affected by the immediate termination of'these proceedings..

5.

The Debtor further requests that the Court

_.. expedite the hearing on this motion and that the same be scheduled for a date certain on or before July 24, 1989.

WHEREFORE, the Debtor respectfully prays that these proceedings u:.Jer Chapter 11 of the Bankruptcy Code be voluntarily dismissed and for such other relief as re-4uested in this motion, and as may be appropriate.

BRABSON, KITE & VANCE BY:

7 Ben D. Brdbroh, Jr.

P. O. Box 5260 Sevierville, TN 37864-(615) 673-9938 Attorney for Debtor CERTIFICATE OF SERVICE I,

Ben D. Brabson, Jr., do hereby certify that I have forwarded a true and exact copy of the foregoing Motion to Dismiss to all creditors and parties of interest in this matter, pursuant to the attached list.

This th/ Y day of July,- 1989.

l Ben'D. Brabson, Jr.

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1 IN THE UNITED' STATES. BANKRUPTCY COURT FOR.THE EASTERN DISTRICT-OF. TENNESSEE

-IN RE:

.)l Case No. 3-89-01695' ALL CHEMICAL' ISOTOPE ENRICHMENT,.INC.

')

d/b/a ALCHEMIE,.INC.

)

DEBTOR N

O T1 C

E Take' notice that a hearing of the motion to' dismiss'-

will'be held in the U. S. Bankruptcy Court, 15th Floor, Plaza Tower -Knoxville, Tennessee' 37929-1521, at 9:00 a.m.,

July;24, 1989..

BRABSON, KRE

- & VANCE '

YlK$xY

$MIMLif. IN

, j, 3M645260

.. n.

j

.ig,j'C IN THE UNITED' STATES BANKRUPTCY COURT c

FOR THE EASTERN DISTRICT OF TENNESSEE IN RE:

)

ALL CHEMICAL ISOTOPE

)

ENRICHMENT, INC., a/k/a

ALCHEMIE,

).

Docket No. 3-89-01695

)

Chapter 11-

)

Debtor.

)

ORDER Upon Motion of John H. Smelser, Jr., and C.E.O.,'Inc.',

'it is hereby ORDERED that Alexander Andrew Carey, Stephen Antony Irving and Mitzi Miller appear for examination pursuant to Bankruptcy Rule ' 2004 (a), at such places and times as may be l'

agreed upon between them and the movants or u on notice by the.

movants.

ENTER:

July 10, 1989.

AM Richar'd Stair', Jf.

United States Bankruptcy Judge Approved for Entry:

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M. Edward Owens, Jr.

MORTON, LEWIS, KING & KRIEG Post Office Box 2425 620 Market Street, Fifth Floor Knoxville, Tennessee 37902 l

Telephone: -(615) 546-4646 l-Attorneys for John H. Smelser, Jr.

and C.E.O.,

Inc.

cb

_ z_ ___JLL_________

_;;;; + e.

IN THE UNITED STATES BANKRUPTCY COURT.

FOR THE-EASTERN DISTRICT OF TENNESSEE IN RE:.

) Case No. 3-89-01695 ALL CHEMICAL ISOTOPE ENRICHMENT, INC.

)

'd/b/a ALCHEMIE, INC.

}

- ac

-DEBTOR l

N O

T' I

C E

Take notice.that a hearing of the motion to dismiss

.will be. held in the U. S. Bankruptcy Court, 15th Floor, Plaza. Tower, Knoxville, Tennessee 37929-1521, at 9:00 a.m.,

July 24, 1989, 1

BRABSON, FJfE

& VANCE Y$152Y uma. m

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4..

y IN TF.E UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TENNESSEE IN RE:

)

cf eq$

Case No. 3-89-0165:

ALL CHEMICAL ISOTOPE ENRICHMENT, INC.

)

d/b/a ALCHEMIE, INC.

)

DEBTOR MOTION TO DISMISS To:

The Honorable Richard Stair, Jr.

The United States Bankruptcy Judge 1.

On June 20, 1989, the Debtor filed its petition for reorganization proceedings pursuant to Chapter 11 of the Bankruptcy Code.

2.

The primary reason for filing this petition was the commencement of foreclosure proceedings by Anderson County Bank, the Debtor's largest creditor with reference to the bulk of the tangible assets of the Debtor.

3.

Since the commencement of Chapter 11 Proceedings, the Debtor has had certain discussions with the Bank which has resulted in a resolution of previous difficulties with the Bank.

4.

On account of the resolution of the difficulties with the Bank, the Debtor is now believes that it is in a position where it can pay its legitimate debts and obligations as they fall due, and that no useful purpose would be served by the continuation of these proceedings, and further that BRABSON, KITE

& VANCE PYdX5260

$iWPAll. IN UCD5260

ed no interest of any creditor, either secured or unsecured, would be adversely affected by the immediate termination of these proceedings.

5.

The Debtor further requests that the Court expedite the hearing on this motion and that the same be scheduled for a date certain on or before July 24, 1989.

L l

WHEREFORE, the Debtor respectfully prays that these proceedings under Chapter 11 of the Bankruptcy Code be voluntarily dismissed and for such other relief as re-quested in this motion, and as may be appropriate.

BRABSON, KITE & VANCE 1

BY:

_7 Ben D.

Brtfbsch, Jr.

P. O. Box 5260 Sevierville, TN 37864 (615) 673-9938 Attorney for Debtor l

CERTIFICATE OF SERVICE 1, Ben D.

Brabson, Jr., do hereby certify that 1 have forwarded a true and exact copy of the foregoing Motion to Dismiss to all creditors and parties of interest in this matter, pursuant to the attached list.

This th/ V

__ day of July,- 1989.

jl e

B e nD. Brabsoh, Jr.

l l _ _ _ _ _ _ _ _

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1 IN THE UNITED STATES BANKRUPTCY COURT FOR Tile EASTEnfJ DISTHICT OF TE!JtJESSEE

~ (NORTilERN DIVISION) 1 IN RE:

ALL CHEMICAL ISOTOPE ENRICHMENT, INC.,.

alk/a ALCilEMIE.

Debtor.

Case No. 3-89-01695 Chapter 11 MOTION FOR ORDER COMPELLING ATTENDANCE AND PRODUCTION OF DOCUMENTARY EVIDENCE Pursuant 'to Rule 2004 of the Bankruptcy Rules, Universal Brokers of

. Equipment, Inc., a party in interest herein, by and through counsel, moves this Court for an Order requiring:

1) the Secretary / Keeper of Records, for the purpose of authenticating records;

2) Amy Thompson, Office Manager;

3) Stephen A. Irving, Chairman of the Board of Directors;

4) A. A. (Drew) Carey, member-Board of Directors and Officer; and,

5) Mitzi Miller, member of Board of Directors and Officer of All Chemical isotope Enrichment, Inc.

to attend an examination and to produce forinspection by Universal Brokers of Equipment, Inc. and their attorneys the documents and records set forth in Attachment "A" hereto. The topics to be covered in the examination are matters which may affect the administration of the debtor's estate and which relate to the r...

'g((

acts, conduct, property, liabilities, prospects for reorganization, and financial

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3 condition of the Debtor. Universal Brokers of Equipment, Inc., pursuant to Rule Nf D 2004(d), requests that the court order the debtor to be examined through its

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2j individual representatives set forth above, pursuant to Rule 9001(5)(A) at such a;

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l' places'and times as may be agreed upon between them and the movant, or upon notice by the movant, and in support of this motion would show as follows:

1.

The debtor, All Chemical isotope Enrichment, incorporated,

("AIChemlE"), entered into a contract of unknown date with the United States Department of Energy (" DOE") under which it contracted with DOE to provide stable isotopo enrichment operations and as a part of this contract it agreed to purchase certain DOE equipment, scrap and supporting systems which was being stored at a multi-acro facility and centrifuge Plant in Pikeston, Ohio

^

("GCEP"). The debtor purchased the equipment 'with the intention of using it in connection with the services rendered DOE; however, not all of the equipment could be utilized and after acquisition it designated the equipment necessary for operations and designated all other as surplus. It was the debtor's expressed intention to sale this surplus equipment and use the sale proceeds during a

" pre-funding" period to finance operations.

2.

On the 3rd day of October,1988 the debtor, AIChemlE entered into a contact with the Movant, Universat Brokers of Equipment, incorporated,

("UBE") a Tennessee c(,cporation. The contract called for UBE to sell these items of surplus equipment, scrap or supporting systems which ALCHomlE desi nated as available for sale and which were stored at the contrifuge Plant 0

in Pikeston, Ohio ("GCEP").

3.

As a result of the difficulties encountered thereafter by UBE in attempting to fulfill its obligations under the contract, a complaint was filed by UBE against the Debtor on May 19,1989 and a Temporary Restraining Order was obtained. On June 19,1989 at a hearing before Judge James B. Scott, Jr.,

the Court ordered from the bench that a special master be appointed and that discovery would be allowed immediately and was to be compiated if at all

lJ,

)4 possible by June 30,1989. Prior to the entry of Judge Scott's Order, the Debtor herein filed the present proceeding before this Court.

4.

At this time the Movant, UBE has numerous buyers awaiting delivery under contracts which has negotiated and believes that approximately

$993,000.00 would be realized upon delivery of equipment under these contracts.

In addition UBE has offers for approximately $123,000.00 outstanding if accepted. Your Movant submiss that there needs to be an exact determination of what dollar amount of sales are awaiting delivery of equipment and receipt of payment of the balance of 80%.

Any delay with regard to the sale of the surplus equipment, results in the equipments' depreciation along with the loss of value resulting from extensive advertising.

Extensive advertising, depreciation of the equipment, and decrease of the time required in order to the equipment make it vital that UBE immediately obtain from the debtor the information needed in order to honor these contrants and then commence actions necessary to honor the contracts.

5.

Your Movant believes that if further losses, damage and injury to both itself and the ddblor are to be prevented, that it is necessary to immediately conduct examinations of certain individual representatives of the debtor in order to obtain portinent information with regards to those contracts and offers. Your movant further believes it necessary to complete the discovery ordered by Judge Scott in the Anderson County proceedin0 and to examine the debtor with regards to the particulars of the contract between the debtor and UBE and all matters pertinent thereto in order to allow the Movant to obtain the information necessary to provide all the relevant facts to the Court with regard to the equipment and its sale and, finally, to examine the debtor as to any other matters which relate to the administration of the debtor's estate.

'L a

f.

L; -

WHEREFORE, Movant would request that the Court order the 2004 exams of the secretary / record keeper of the ALCHemlE along with Stephen i

Irving, Amy Thompson, A. A. (Drew) Cary and Mitzi Miller in order to complete the discovery as ordered by Judge Scott and allow the Movant to obtain the information necessary to provide all the relevant facts to the Court with regard to the equipment pnd its sale.

DATED: 7[/Z[f7

/

Respectfully Submitted, r

DPhd49)

JBRROLD L. BECKER LOCKRIDGE & BECKER, P. C.

P. O. BOX 107 KNOXVILLE, TENNESSEE 37901 (615) 522-4194 MELNICK &J ORE BY:

MW gh JAMES R.10lOORE

/602 S. Gay Street, Suite 900 P. O. Box 1790 Knoxville, Tennessee 37001 (615) 637-2523 Counsel for Universal Brokers of Equipment, Inc.

CERTIFICATE OF SERVICE The undersigned hereby represents that a true and exact copy 0;ihe foregoing Motion for 2004 Exam to Ben D. Drabson, Jr., Esquire, Brabson, Kite & Vante 307 CND Plaza, P. O. Box 5200, Soviervi!!6,'Teilnessee 37064 5260; Williarn Sonnenbur0, Assistant U.S. Trustee, U.S.

Courthouse, Room 58, Chattanooga,'IN 37402; Alexander Carey, Route 7, Dixon Road, Lenoir City, TN 37771 Stephen Irving,9015 Ten Mile Road, Apt.1G. Knoxville, TN 37923; Mitzl Miller, t

Route 2, Dox 248, Powell, TN 38749; and to Amy~S. Thompson,702 S. Illinois Ave. Oak RidOO, TN 37830 this the /2 -day of July,1939.

' ~ " ~

43SA-M/2004 EXAM /UBE I

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ATTACHMENT "A" i

1.

All contracts, and any drafts thereof, with any ' person or entity who/which was involved in any capacity with the ' sale' or potential sale of' equipment located at the Gas Cenrifugo Plant in Piketon, Ohio.

2.

All financial data and business records of Defendant dealing with any transaction with Universal.

I L

3.

All correspondence, notes, memoranda etc., which evidence any-

- matter relating to the equipment located at the Gas Cenrifuge Plant in Piketon, Ohio.

-4.

All Iinancial statomonts or a((raosa;s prepared on behalf of

- Alchemie within the last thirty-six months.

5.

All appraisals on any of the equipment located at the Gas Centrifugo Plant in Piketon, Ohio.

6.

Correspondence, notes, memoranda, etc. which evidence any.

- matter relating to the contract between Universal and Alchemie.

' 7.

All Contacts; pledges, agreements, correspondence, notes, memoranda, etc., by and/or between Alchemie and Anderson County Bank.

8.

All proposals of Alchemie for the aquiring of any locan within the past thirty-six monthi.

9.

All cancelled checks made payable to Universal Brokers of Equipment, Inc.

10.

All records showing p[ayments made by or on behalf of Universal l-or on behall of Alchemie.

h 11.

All documents held in deponent's individual capacity meeting the above specified descriptions.

i P

9y -

3.

0-IN THE UNITED STATES BANKRUPTC',' COURT FOR.THE EASTERN DISTRICT OF TEl!NESSEE (NORTHERN DIVISION)

In Re:

ALL CHEMICAL ISOTOPE ENRICHMENT, INC.

Case No. 3-g</- 0/6 5 Debtor ORDER COMPELLING ATTENDENCE AND PRODUCTION OF DOCUMENTARY EVIDENCE Upon the Motion for Order Compelling Attendance and Production of Documentary Evidence of Custodian of Records for All Chemical isotope Enrichment, Inc. filed by Universal Brokers of Equipment, Inc. and good cause having been shown, IT IS ORDERED that:

1) the Secretary / Keeper of Records, for the debtor;

2) Amy Thompson, Office Manager; j

3) Stephen A. Irving, Chairman of the Board of Directors;

4) A. A. (Drew) Carey, member-Board of Directors and Officer; and, i

I

5) Mitzi Miller, member of Board of Directors and Officer of All Chemical I

isotope Enrichment, Inc.

are to appear on behalf of the debtor for examination by Universal Brokers of Equipment, Inc. or thier attorneys pursuant to Bankrupcty Rules 2004(a) and l

9001(5)(A) at such places and times as may be agreed upon between them and j

the movant, or upon notice by the movant.

ENTERED:

July 13, 1989.

'[,

RICfkARD STAIR,JJ(

l U. S. Bankruptcy / Judge i

i cb JL

6.',

- ~

c;6:

-l ' APPROVED FOR ENTRY:

1/,

/,

m<;v JAMES R. MOORE P'. O. BoxL1790

/

602 Gay. Street, Suite 900

-Knoxville, Tennessee 37901 (615) '637-2523 Counsel for Universal Brokers of Equipment, Inc.

O/2004/UBE/69

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Eastern District of..

Ternessee In re All Chemical. Isotope Enrichment, Inc.,

d/b/a Alchemie, Inc..

llankruptcy Case No. 3-89-01695

' Debtor SUBPOENA TO WITNESS IN A HANKRUPTCY CASE To:

i Mitzi Miller YOU ARE COMMANDED to appear to testify in the above named proceeding at the following place and time:

Address Room Lockridge & Becker Sixth Floor, One Centre Square Date and Time 620 Market Street July 21, 1989 at 9:00 a.m.

Knnyvilin. <rN 7 73 n 7 YOU. ARE COMMANDED TO BRING with the following document (s) and object (s):

-[lf not applicable, enter "None"J The documents listed in the attached Notice of 2004 Examination Subpoena issued on the request of:

Inquiries may be addressed to:

[Name of Party)

[ Attorney's name, address and phone]

M. Edward Owens, Jr.

John H. Smelser, Jr.

Post Office Box 2425 Knoxville, TN 37901 (615) 546-4646 l

l

. Clerk of the Bankruptcy Court

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Date skputy Clerk u

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.Ill_TW? UNLTED STATES Bh1ERUPTCY COUEf EOlt THE PASTERN DISTRICT OF T11NNMSSEE IM RE:

)

ALL CHEMICAL ISOTCPE,

)

Docket No. 3-89-01695 2NRICHMENT, INC., a/k/a

)

Chapter 11

ALCHEMIE,

)

De~otor.

)

NO.TTCE OF RULFv3)_Qf_llXAliUMTION l

Pursuant to the Order of the Bankruptcy Court entered July 10, 1989, John H.

Smelser, Jr. gives notica that, through counsel, he will conduct an examination of Mitzi Miller at the offices of Lockridge & Z.acker, 6th Floor, One Centre Squaro, Knoxville, TN 37902, beginning at 9:00 a.m. on July 21, 1989, and continuing from day to day thereafter.

Mitzi Miller shall bring with her to the examination the following documents:

1.

All financial records of the debtor, including

'but not limited to, bank statements and cancelled checks (ir.cluding but not limited to records of the checking account at Third National Bank of Sevierville, as to which Charles Kite is a signatory), invoices, receipts, and purchase orders.

2.

The minute books of the corporation, including all minutes and other documents contained tnerein.

3.

Any written attorney's opinions concerning tha legality of any past or proposcd issuance of stock by the debtor.

1

4 4.

Any and all records relating to sales of equip-ment, including but not limited to documents showing the pro-ceeds received from equipment sales, and the disposition of those proceeds.

5.

Any and all documents relating to the debtor's obtaining of necessary permits or other approval by Martin Marietta, the Department of Energy, or the Nuclear Regulatcry l

Co:caission with regard to the debtor's preposed operations in 1

Anderson County, Tennessee.

M. Edward Owens, Jr.

MORTON, LEWIS, KING & KRIEG 620 Market Street One Centre Square, 5th Floor P.

O.

Box 2425 Knoxville, TN 37901 615/546-4646 Attorneys for John H. Smelser, Jr.

2

^

so CERTIFICATE OP 9ERVTCE I hereby certify that a true copy of the foregoing was furnished by United States Mail, postage prepaid, or by hand delivery, to the following persons:

Charles W. Kite, Ecquire Brabson, Kite & Vance Post Office Box 5260 Sevierville, TN 37064 Alexander Andrew Carey Route 7, Dixon Road Lenoir City, TN 37771 Stephen Anthony Irving Route 7, Dixon Road Lenoir City, Tennessee Mitsi Miller Route 2, Box 248 Powell, TN 38749

,k J

l?-

day of amTo, 1989.

This the

/

v

/meo/alchemie. nots l

3 L__-_____-____

II/6I9 A.

Enitch 9tates Bankntptttj Gunrt Eastern District of Tennessee In re All Chemical Isrtope Enrichment, Inc.,

d/b/a Alchemie, Inc.

Ilankruptcy case No. 3-89-01695 C

Debtor SUBPOENA TO WITNESS IN A HANKRUPTCY CASE To:

Alexander Andrew Carey YOU ARE COhth1ANDED to appear to testify in the above named proceeding at the following place and time Address lloom Lockridge & Becker Sixth' Floor, One Centre Square Date and 1..nue 620. Market Street July 21, 1989 at 11:30 a.m.

Knoxville, TN 3_790.2 YOU AltE COhlh1ANDED TO littlNG with the following document (s) and object (s):

[lf not applicable, enter "None"]

The docuemnts listed in the attached Notice of 2004 Examination l

Subpoena issued on the request of:

Inquiries may be addressed to:

IName of Party l lArtorney's name, address and phonej M.

Edward Owens, Jr.

John 11. Smelser, Jr.

Post Office Box 2425 Knoxville, TN 37901 (615) 546-4646

'I i

Clerk of the Bankrsopity Court fd.

~ 'SYPJ (N h.. -

Ily:

' Y --

a Date Deputy Clerk l

l

)

e IN_5'IIS_11NITED STATES _DNERU1"fCY_COUltC EOg THE n/W'yR}UUJISTJtTCT OF TENhJiS.SE1; IN RE:

)

ALL CHEMICAL ISOTOPE,

)

Dodket No. 3-89-01695 EURICHMENT, INC., a/k/a

)

Chapter 11

ALCHEMIE,

.)

)

Debtor.

)

I MGTICR GF RUT.T* 2004 EXMITNATICM Pursuant to the Order of the Bankruptcy Court entered July 10, 1989, John H. Smelser, Jr. gives notice that, through counsel, he vill conduct an examination of Alexander Andrew Carey at the offices of Lockridge & Lecker, 6th Flcor, One l

Centre Square, Knoxville, TN 37902, beginning at 11:30 a.m.

on July 21, 1989, and continuing from day to day thereafter.

Alexandor Andrew Carey shall bring with him to the examination the following documents:

1.

All financial records of the debtor, including but not limited to, bank statements and cancelled checks (including but not limited to records of the checking account at Third National Bank of Sevierville, as to which Char.los Kite is a signatory), invoices, receipts, and purchase orders.

2.

The minute books of the corporation, including l

all minutes and other documents contained therein.

3.

Any written attorney's opinions concerning the legality of any past or proposed issuance of etoch by the debtor.

j 4

1 1

7 4.

Any and all records relating to sales of equip-ment, l'ncluding but not limited to documents showing the pro-cecds received from equipment sales, and the disposition of those proceeds.

5.

Any and all documents relating to the debtor's obtaining of necessary permits or other approval by F.crtin Marietta, the Department of Energy, or the Muclear Regulatory Commission with regard to the debtor's proposed operations in Anderson County, Tennessee.

M.

Edward Owens, Jr.

MORTON, LEWIS, KING & KRIEG 620 Market Street One Centro Squero, 5th Floor P. G.

Box 2425 Knoxville, TN 37901 615/546-4646 Attorneys for John II. Smelser, Jr.

5

.c.

CERTTPICA'"E OF SR7VICE I hereby certify that a true copy of the foregoing was furnished by United States Mai.1, postago prepaid, or by hand delivery, to the fcllowing persons:

Charlos W. Kite, Esquire Brabson, Kite & Vance Post Office Box 5260 Sovierville, TN 37864 Alexander Andrew Carey Route 7, Dixon Road Lenoir City, TN 37771 Stephen Anthony Irving Route 7, Dixon Road Lenoir City, Tennessee Mit i Miller Rou.e 2, Box 218 Powell, TN 38749 11 d%

This the I7 - day of atmo, 1909.

0-M.

Edward Owens, Jr.

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,~'T' EIO5iUN, LEWIS, KING & KRIEG u

h First American NationalBank ATTORNEYS AT LAW Knonvh.luruwssue P.O. BOX 2425 KNOXVILLE,lENNESE.EE 37901 o}{}g{$

PAY FORTY-TWO--------------------------------------------50/100 To u r.

Dai, 7/17/89

$42.50 ALEXANDER ANDREW CAREY onoon,

or.

M RT N, LEWIS, KING & KRIEG s'/I ' / ('./(x,.

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FOR:

W - ALEXANDER ANDREW CAREY CHARGE:

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$42.50 SMELSER/ALCIIEMIE MORTON, LEWIS, KING & KRIEG

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_EaAtern District of_ _TenncEsc.c

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-In re All Chemical Isotope-Enrichment, Inc.,

d/b/a Alchemie, Inc..

llankruptcy Case No. 3-89-01659 Debtor SUBPOENA TO WITNESS IN A BANKRUPTCY CASE D

To:

Stephen Anthony Irving YOU ARE COhlh1ANDED to appear to testify in the above named proceeding at the following place and time:

l' Address Room l-Lockridge & Becker Sixth Floor, One Centre Square Date and Time 620 Market Street July 21,1989 at 3:00 p.ri.

Knoxville, TN 37902 l'

YOU ARii COhlh1ANDED TO BRING witii the following document (s) and object (s):

l lif not applicable, enter "None"]

The documents listed in the attached Notice of 2004 Examination Subpoena issued on the request of:

Inquiries may be addressed to:

lName of Partyl

[ Attorney's name, address and phone]

John II. Smelser, Jr.

M. Edward Owen s, J r.

Post Office Box 2425 Knoxville, TN 37901 (615) 546-4646

- Gerk of the llankruptcy Onsrt

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By:

Date Deputy acrk

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3-89-01695 IN RE:

)

Docket No.

)

Chapter 11 ALL CliEMICAL ISOTCPE, /a INC., a/k

)

ENP.ICHEENT,

)

ALCHEMIE,

'I

)

Debtor.

ILO'? ICE OF RUIdl ?004 EX31HITATTOU t entered Pursuant to tho Order of the Bankruptcy Cour through Jr. given notico that,

Sealser, July 10, 1989, John H.

of Stephen Anthony examination counsel, he will conduct an

& 3ecker, 6th Floor, One at the offices of Lockridge 27902, beginning at 3:00 p.m. on

Irving, i

Centre Square, Knoxville, TN 21, 1939, and continuing from day to day thereafter.

to the examination July i

Stephen Anthony Irving shall bring with h m the following documents:

including 1.

All financial records of the debtor, and cancelled checks bank statements but not linited to,limited to records of the checking account not as to which Charles (including but at Third National Bank of Sevierville, receipts, and purchase orders.

invoices, Kito is a signatcry),

including minute books of the corporation, 2.

'?he i

d therein.

all minutes and other documents conta ne the concerning attorney's opinions 3

Ar.y written of stock by the issuance proposed of any past or legality debtor.

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Any and all records relating to sales of equip-ment, including but not limi;ad to documents showing the pro-ceeds received from equipr.ent sales, and the disposition of these proceeds.

5.

Any and a.'l documents relating to the debtor's obtaining of necessar-pern.its or other cpproval by Martin Marietta, the Depart.rnnt of Energy, or the Nuclear Regulatory Commission with reg.::.rd to the debtor's proposed operations in Anderson County, Tennessee.

M.

Eduard Owens, Jr.

MCRTO!!, LEUIS, KlHG T. KRIEG 620 Market Street One Contro Square, 5th Floor P.

O.

Box 2425 Knoxville, TN 37901 615/546-4646 Attorneys for Jcha H.

Smelser, Jr.

8 m

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~1 GRTIFICATA_QP SERVLG I hereby certify that a true copy of the foregoing was furnished by United States Mail, postage prep:id, or by hcnd delivery, to the following persons:

Charles W.

Kite, Esquire Bratnon, Kite & Vance Post O Uice Box 5260 Seviervilla, T!!

37864-i Alexander Andrew Carcy Route 7, Dixon Road i

Lenoir City, TN 37771 Stephen Anthony Irving i

Route 7, Dixon Itoad Lenoir City, Tennessee Mitzi Miller Route 2, Box 248 I

Pot:eII, TN 38749 6@

4 This the. f 7 - day o f Jtnm, 19 89.

C

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M. Edward Owens, Jr.

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IN-THE UNITED STATES BANKRUPTCY COURT

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FOR"TNE EASTERN DISTRICT OF TENNESSEE (NORTHERN DIVISION)

C ')

lN. RE:

M4 ALL. CllEMICAL ISOTOPE 4

(4 ENRICitMENT, INC.,.alk/a-

' ALCHEMIE Debtorf Case _No. 3-89-01695 r

Chapter 11

. MOTION lFOR ORDER COMPELLING ATTENDANCE AND PRODUCTION OF DOCUMENTARY EVIDENCE Pursuant to Rufo 2004 of the Bankruptcy Rules, Universal Brokers of Equipment, Inc., a party in interest herein, by and throu0h counsel, moves this Court for an Order requiring:

1) the Secretary / Keeper of Records, for the purpose of authenticating records;

2) Amy Thompson, Office Mana0er;

3) Stephen A. Irving, Chairman of the Board of Directors;

4) A. A. (Drew) Carey, member-Doard of Directors and Officer; and,

5) Mitzi Miller, member of Board of Directors and Officer of All Chemical isotope Enrichment, Inc.

to attend an examination and to produce for inspection by Universal Brokers of Equipment, Inc. and their attorneys the documents and records set forth in Attachment "A" hereto. The topics to be covered in the examination are matters which may affect the administration of the debtor's estate and which relate to the d

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acts, conduct, property, liabilities, prospects for reorganization, and financial u

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condition of the Debtor. Un.iversal Brokers of Equipment, Inc., pursuant to Rule N

i Of D 2004(d), requests that the court order the debtor to be examined through its m g.

y individual representatives set forth above, pursuant to Rule 9001(5)(A) at such

- [4 t 9.4 s wg; a __-- -

r places and times as may bo a0 reed upon between them and the movant, or upon notice by the movant, and in support of this motion would show as follows:

1.

The debtor, All Chemical isotope Enrichment, incorporated,

("AIChemlE"), entered into a contract of unknown date with the United States Department of Ener0y(" DOE") under which it contracted with DOE to provide stable isotopo enrichment operations and as a part of this contract it agreed to purchase certain DOE equipment, scrap and supportin0 systems which was bein0 stored at a multi-acre facility and centrifuge Plant in Pikeston, Ohio

("GCEP"). The ' debtor purchased the equipment with the intention of using it in connection with the services rendered DOE; however, not all of the equipment could be utilized and after acquisition it desl nated the equipment necessary for 0

operations and designated all other as surplus. It was the debtor's expressed intention to sale this surplus equipment and use the sale proceeds during a

" pre-fundi 99" period to finance operations.

2.

On the 3rd day of October,1988 the debtor, AIChemlE entered into a contact with the Movant, Universal Brokers of Equipment, incorporated,

("UDE") a Tenriossee corporation. The contract called for UBE to sell these items of surplus equipment, scrap or supportin0 systems which ALCHomlE designated as available for sale and which were stored at the centrifu00 Plant in Pikeston, Ohio ("GCEP").

3.

As a result of the difficulties encountered thereafter by USE in attempting to fulfill its obli ations under the contract, a complaint was filed by 0

UDE against the Debtor on May 19,1989 and a Temporary Restraining Order was obtained. On June 19,1989 at a hearing before Judge James B. Scott, Jr.,

the Court ordered from the bench that a special master be appointed and that discovery would be allowed immediately and was to be completed if at all i

,5 possible by June 30,1989. Prior to the entry of Jud o Scott's Order, the Debtor 0

herein filed the present proceedin0 before this Court.

<t.

At this time the Movant, UBE has numerous buyers awalling delivery under contracts which has ne00tiated and believes that approximately

$993,000.00 would be realized upon delivery of equipment under tlioso contracts.

In addition UBE has. offers for approximately. $123.000.00 outstandin0 if accepted. Your Movant submits that there needs to be an exact determination of what dollar amount of sales are awaiting delivery of equipment and' receipt of payment of the balance of 80%.

Any delay with regard to the sale of the surplus equiprnent, results in the equipments' depreciation along with the loss of value resulting from extensive advertising.

Extensivo advertising, depreciation of the equipment, and decrease of the limo required in order to the equipment make it vital that UDE immediately obtain from the debtor the information needed in order to honor those contracts and then commenco actions necessary to honor the contracts.

5.

Your Movant believes that il further losses, dama00 and injury to both itself and the debtor are to be prevented, that it is necessary to immediately _

conduct examinations of certain individual representatives of the debtor in order to obtajn portinent ininrmation with regards to those contracts and offers. Your movant further believes it necessary to complete the discorory ordered by Jud o Scott in the Anderson County proceedin0 and to examine the debtor with 0

regards to the particulars of the contract between the debtor and UBE and all matters portinent thereto in order to allow the Movant to obtain the information

(

necessary to provido all the relevant facts to the Court with regard to the i

1 equipment and its sale and, finally, to examine the debtor as to any other i

j matters which relate to the administration of the debtor's estato.

1 i

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WHEREFORE, Movant would request that the Court order the 2004 exams of the secretary / record kooper of the ALCilom!E along with Stephen Irvin0, Amy Thompson, A. A. (Drew) Cary and Mitzi Miller in order to complete the discovery as ordered by Judge Scott and allow the Movant to obtain the information necessary to provide all the relevant facts to the Court with re0ard to the equipment nd its cale.

7 /7-/f7 DATED:

/

Respectfully Submitted, LeW43r)

JuRROLD L. DECKER LOCKRIDGE & DECKER, P. C.

P. O. DOX 107 KNOXVILLE, TENNESSEE 37901 (G15) 522-4104 MELNICK & V1 ORE

[/- 9741

_- OZe_

BY:

J MES R. MOORE

/ 02 S. Gay Street, Suite 900 P. O. Box 1700 Knoxville, Tennessee 37901 (615) 637-2523 Counsel for Universal Brokers of Equipment, Inc.

CERTIFICATE OF SERVICE The underci ned hereby represents that a true and exact copy of the ! ore 00ing Motion for 0

2004 Exarn to Ben D. Brabson, Jr., Esquire, Brabson, Kite & Vance,307 CNB Plaza, P. O. Box 5200 Sevierville, Tennescoe 37864-5200: Willidrn Sonnenburg, Assistant U.S. Trustoo, U.S.

Courthouse Room 58, Chattanooga, TN 37402: Alexander Carey, Route 7, Dixon Road, Lenoir City, T N 37771;. Stephen Irvin0,9015 Ten Mile Road, Apt.1G, Knoxvitie TtJ 37923; Mitzi Miller, Route 2. Box 248, Powell, TN 38749; and to Arny_S. Thornpson,702 S. lilinois Ave. Oak Ridge.

TN 37830 this the /Lday of July,1989.

M/2004/ EXAM /UDE

4,*

4, ' n ATTACilMEllT "A" 1.

All contracts, and any drafts thereof, with any person or entity who/which was involved in any capacity with the sale or potential sale of equipment located at the Gas Centifuge Plant in Pikoton, Ohio.

2.

All financial data and business records of Defendant dealing with any transaction with Universal.

3.

All correspondence, notes, memoranda etc., which evidence any matter relatinD 10 the equipment located at the Gas Conrifu00 Plant in Pikolon, Ohio.

4.

All financial statements or a((raosa;s prepared on behalf of Alchemie within the last thirty-six months.

5.

All appraisals on any of the equipment located at the Gas Centrifuge Plant in Piketon, Ohio.

l l

6.

Correspondence, notes, rnemoranda, etc. which evidence any i

matter relating to the contract between Universal and Alchemie.

7.

All Contacts, pledges, agreements, correspondence, notes, 1

l memoranda, etc., by and/or between Alchemie and Anderson County Bank.

8.

All proposals of Alchemie for the aquiring of any locan within the past thirty-six month 5.

9.

All cancelled checks made payable to Universal Drokers of 2

Equipment, Inc.

10.

All records showing playments made by or on behall of Universal or on behatt of Alchemie.

11.

All documents held in deponent's individual capacity meeting the above specified descriptions.

i

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-lN THE. UNITED STATES BANKRUPTCY COURT FOR THE EASTERN -DISTRICT OF TENNESSEE (NORTHERN DIVISION) in Re:

l

i ALL - CHEMICAL ISOTOPE ENRICHMENT, INC.,

a/k/a ALCHEMIE, INC.,

Debtor Ch. 11 #3-89-01095 MOTION TO SET TIME AND PLACE OF 2004 EXAMS RESETTilE HEARING ON DEBTOR'S MOllON TO DISMISS Comos. Universal Brokers of Equipment (hereinafter "UBE") by and through,

1 counsel and would move the court to require the representatives of the' Debtor to j appear for 2004 examination on July 21,1989 at 9:00 am at the Officos of Lockridge and Becker or in the alternative move the court to reschedule the hearing on the i Debtor's Motion to Dismiss until after July 27,1989 and'iri support thereof would show as follows:

.1)

On July 1,1989, upon motion of UBE, this court entered an order requiring named representatives of the Debtor to appear for 2004 examinations upon agreement of the parties or upon notice.

2)

On July 14,1989, counsel for UBE and John Smelzer, (who also had obtained an order for 2004 examinations of some of the same parties) agreed with counsel for the debtor to conduct the 2004 examinations on July 26 & 27, 1989.

Within an hour of such agreement the debtor filed it's motion to dismiss this proceeding and requested the Court to schedule the hearing on July 24,1989, which request the movant is informed was approved. At the @341 meeting counsel for the debtor informed counsel for UBE that the debtor would not agree to appear for the 2004 examinations prior to tho July 24,1900 hoaring.

a*

3)

Movant believes that it is not in a position to either agree with or object to the debtor's motion to dismiss until after the Ordered 2004 examination are conducted.

WilEREFORE, Movant would request the court to require the representatives of the debtor to appear for 2004 examination on July 21,1989 at 9:00 am at the Offices of Lockridge & Becker, Market Street, Knoxville, TN or in the alternative move the court to reschedule the hearing on the Debtor's Motion to Dismiss until after July 27 A~1$D: 7 87

/7 Re pdcFpily submitted, sed /f& Lpd JE!RROLD L. BECKER

/LOCKRIDGE & BECKER, P. C.

I. O. BOX 107 P

KNOXVILLE, TENNESSEE 37901 (615) 522-4194 MELNICK-MOORE BY:

fN Mh JA

/OpLyES R. MOORE ~

S. Gay Street, Suite'900

//P. O. Box 1790 Knoxville, Tennessee 37901 (615) G37-2523 Counsel for Universal Drokers of Equipment, Inc.

CERTIFICATE OF SERVICE The undersigned hereby represents that a true and exact copy of the foregoing Motion for 2004 Exam to Ben D. Brabson, Jr., Esquire, Drabson, Kite & Vance, 307 CNB Plaza, P. O. Box 5200 Soviervi!Ie, Tennessee 378G4 5200: William Sonnenburg, Assistant U.S. Trustee, U.S. Courthouse, Room 58, Chattanooga, TN 37402: Alexander Carey, Route 7, Dixon Road, Lenoir City, TN 37771; Stephen Irving,9015 Ten Mile Road, Apt.16, Knoxville,l 37923: Mitzi Miller, Route 2, Dox 248 Powell, TN 38749; and to Amy S. Thompson,702 S tilir6s ve. Oak Ridge,1N 37830 this the/j[

day of July,1989.

,h/

EEV7O

/

l.tSET 2004 EXAMS /uBE79

._ _ = __-_-__

j.f IN-THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TENNESSEE l

(NORTHERN DIVISION)

!n Re:

ALL CHEMICAL ISOTOPE -

ENRICHMENT, INC.

Debtor Case. No. 3dl-

/b I ORDER COMPELLING ATTENDENCE' AND L

PRODUCTION OF DOCUMENTARY EVIDENCE Uport the Motion for Order Compelling Attendance and Production of

]

Documentary Evidence of Custodian of Records for All Chemical isotope j

Enrichment, Inc. filed by Universal Brokers of Equipment, Inc. and good cause l

1 having _been shown, IT IS ORDERED that:

1) the Secretary / Keeper of Records, for the debtor;

)'l

2) Amy Thompson, Office Manager;

3) Stephen A. Irving, Chairman of the Board of Directors;

4) A. A. (Drew) Carey, member-Board of Directors and Officer; and,

5) Mitzi Miller, member of Board of Directors and Officer of All Chemical f

h Isotope Enrichment, Inc.

!!. are to appear on behalf of the debtor for examination by Universal Brokers of I

Equipment, Inc. or thier attorneys pursuant to Bankrupcty Rules 2004(a) and 9001(5)(A) at such places and times as may be agreed upon between them and I the movant, or upon notice by the movant.

[

ENTERED:

July 13, 1989.

i RICflARD STAIR, JV i

U. S. Bankruptcydudge j

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APPROVED FOR ENTRY-m l'

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JAMES R. MOORE f

/PI O. Box 1790 l

602 Gay Street, Suite 900 Knoxville, Tennessee 37901 3

l! (615) 63i-2523 Counsel for Universal Brokers of Equipment, Inc.

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-(Rev.'B/83)

UNITED STATES BANKRUPTCY COURT For the EASTERN District of' TENNESSEE In-re

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'ALL CHEMICAL ISOTOPE ENRICHMENT,INC AKA'ALCHEMIE l

Case No.

3-89-01695 Debtor (s)

Chapter 11 NOTICE TO PARTIES IN

'I N T ER EST Notice is hereby given that:

A hearing will'be held August 9.

1989

.' at. 09:00 A.M.

in'the courtroom, 15th Floor, Plaza Tower Knoxville, Tennessee, on the following:

1.

MOTION UF H.G.

MILLER TO QUASH OR MODIFY SUBPOENA; 2.

MOTION OF DON O'SULLIVAN TO QUASH OR MODIFY SUBPOENA.

CC-Debtor' Charles W.

Kite, Atty. for Debtor United States Trustee James R. Moore, Attorney for Universal Brokers John'F. Weaver, Attorney for Movants RALPH T.

BROWN j.

Clerk of Bankruptcy Court l

of IS5uance: AU9USD 2 1909 By.

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neufy clerk C_u________________

(SN.)

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L IIniteh !!4ates iBankruptcu Gourt Eastern District of Tennessee in re ALL CHEMICAL IS0 TOPE ENRICHMENT, INC., a/k/a -

Bankruptcy Case No. 3-89-01695 ALCHEMIC Chapter 11 Debter DEPOSITION SUBPOENA IN A IIANKRUPTCY CASE To: Don O'Sullivan YOU AltE COMMANDED to appear pursuant to Bankruptcy Itute 2004 to testify at the taking of a

. deposition in the above named bankruptcy matter at the following place and time:

Address The Law Offices of Itoom

>Lockridge & Becker One Centre Square Date and Time 620 Market Street, Suite 600 Monday, July 31, 1989 Knoxville, Tennessee 37902 2:00 p.m.

YOU AltE ALSO COMMANDED TO lllllNG with you the following document (s) and object (s):

lif not applicable, enter "None"]

See Attachment l Subpoena issued on the request of:

Inquiries may be addressed to:

{Name of Party)

[ Attorney's naine, address and phone]

James R. Moore, Esquire Univers al Brokers of Equipment, Inc.

P. O. Box 1790 Knoxville, TN 37901 (615)__637-25?3

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INVIESTilENT OROUP - STOCK OWIIEnD111P (cont'd) y.;li 1l3.E w,

PercentoDe I:4lf Namo/addrosa of ownernhip, l

Margarot Kudo 11 Ihk 21522-D Loko Foroot Drivo 1.5 R$

El Toro, California 92630 h..,Q w,o Dorda L.

Ford n.v:

21522-1) Loko Forest Drive 1.5 f.'li?.'y El Toro, California 92630 Harde11 Dovalopment p:..l, 1.0 3,h.,0 14252'Culvor Dr1vo, Suite A-275 a*!

c; Irvino, Cal 1fornia 92'/14

.y.i a: n, A California Gonorni Partnership

<7 Margaret F. Ku dol.1, conoral. Partner

' s. i Jameo A., Schmioning 1.5

O 2200 S.E. Main Stroot, Suito 300 F

Santo Ann, California 92714 Robert A Ducata

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.4 100 Poorl 1.5 h;a,3 Dniboa Island, California 92662

'i. :J.5

./fM Nani Popiano, P.C.

..n 624 So. Grand Avonue 1.5 3?cA

Il 27th Floor

,$.l'.

0.,;N Lon Angelos, California 90017-3320 S

Lawrence R. DoCrona hW!

1.5 101 Scholz Plaza #114 IK'3

!!:wport Desch, California 92663

?;413

'4., o Ronald L. Drunocic f

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14011 Devonehire Avenuo 1.5 P;.";$$

Tuotin, California 92680 gg P.9i Urban Management Party, Ltd.*

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25.5

@f 3/08 Thomna Street

.i'a r Hoot Perth 6005

}l,l.f Houtern Australia f

Box 349 Nedlands 6009 M{.

ownership:

F.D. O'Sullivan

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Family Trunt, ik.'h

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M; F.D. O'Su111 von, Managing Director I,'f,h

,hl7 Malcolm K. M1111ron

7 661 So. Daywood Avenue 1.S

@n San Joon, California 95120

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IN THE UNITED STATES BANKRUPTCY COURT FOR THE EASTERN DISTRICT OF TENNESSEE (NORTHER!J DIVISION)

In Re:

ALL CHEMICAL ISOTOPE

. ENRICHMENT, INC.,

alk/a ALCHEMIE Debtor.

Case No. 3-89-01695 Chapter 11 ORDER COMPELLING ATTENDENCE AND PRODUCTION OF DOCUMENTARY EVIDENCE Upon the Motion for 2004 Examination filed by Universal Brokors of Equipment, Inc. and Diano Mealer, and Good cause having been shown, IT IS ORDERED that:

1)

James A. Schmiesing; 2)

H. G. Miller; 3)

Don O'Sullivan; I

4)

Robert Buceta; 5)

Charles Kite:

6)

Ben Brabson; and,

'7)

Richard.Vance.

maybe examined by Universal Brokers of Equipment, Inc. or their attorneys pursuant to Bankrupcty Rulo 2004.

1 ENTERED: July 25, 1989.

7 M /

RICHARD STAIR, JR/

~'

U. S. Bankruptcy Jafdge APP OVE O

NTRY:

n NTJ V A ' GS R. KAOORB

-/

. Box 1790

(,

02 Gay Street, Suite 900 Knoxville, Tennessee 37901 (615) 637-2523 Counsel for Universal Brokers of Equipment, Inc.

O/2004DucetaBKV/uBE/79 cb sump -

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9 L All Chemical isotope Enrichment, Inc.

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. July 26, 1989 N

,,[

.Mr.

James C. Hall' Mr. Joseph W.-Parks Mr. Robert;E. Lynch 1

U.'S.

Department of-Energy.

Post' Office Box 2001

~1 Oak-Ridge, Tennessee 37831-8757

'RE:. Upcoming Shareholders Meeting and Plans. for Board of Directors ' "'

Gentlemen:'

You~have.' expressed your continuing interest in the status of the management. of A1ChemIE business affairs.

This question is particularly relevant with regard to the upcoming shareholder's meeting.on July 29, 1989, at which a new Board of Directors will

.be chosen to lead the corporation for.the ensuing year.

This issue-also becomes pertinent in light of our agreement with the new investors which will provide to them ' a 60% interest in the outstanding stock of the. corporation.

It is the intention of this letter to review the current Board of Directors' situation and to apprise DOE of what this current

)

board anticipates as the direction which will be chosen by the stockholders and the new investors with respect to the constituency of our Board of Directors.

As you are aware, A1ChemIE has a five person authorized Board of Directors.

Currently. three directors serve on said board, namely. Stephen A..Irving, A.

Andrew Carey, and Mitzi S.

Miller.

The terms. of these directors will expire when their successors are elected at the new shareholders meeting.

We think it is important at this time to relate the philosophy of our new investors as it relates to a board of directors.

The new investors are not wedded to the concept of control of a

. Board of Directors.

Rather, they are wedded to a concept of an E!!

independent. board of competent,

capable, and knowledgeable businessmen and professionals.

The new investors seek a balanced. board, one-which is comprised of individuals possessing all skills necessary to enable the A1ChemIE Corporation to get into production, comply with the reasonable rules and requests of-the Department of Energy and the Nuclear Regulatory Commission, market and sell our products, and conduct our business activities.in a positive and professional manner. We Pine Ridge Office Park, Suite 20LB 702 Illinois Ave Ook Ridge, TN 37830 (615) 482-0029

--__-_-__________a

1 g

U.

S. Departm:nt of Energy July 26, 1989 Page 2 might also add that the new investment group is not particularly enamored of A1ChemIE's history of choosing a Board of Directors based on one corporate faction over another.

Their goal is to obtain a unified board, one which represents the shareholder's interest and the best business interests of the corporation, and not one engaged in the powerplays which have characterized some A1ChemIE activities of the past and led to a fractionalization of the A1ChemIE shareholders.

Toward this end, and recognizing that their agreement with the A1ChemIE Corporation will probably not be fully consummated and closed by the shareholder's meeting, the investors propose, and the current Board of Directors agree, that at.the shareholders meeting a five person Board of Directors should be selected which would operate basically as an interim board until such time as the transaction with the investors is finalized.

This will provide for consistency and continuity until A1ChemIE's various significant transactions ~are complete.

In this regard, the names which will be placed into nomination by representatives of the current' board at the shareholder's meeting will be as follows:

Mitzi S.

Miller, A.

Andrew Carey, Stephen A.

Irving, Tim Kurtz, and one other individual to be selected from the nominees taken from the floor at the meeting.

Once the closing has occurred between A1ChemIE and the new investors, it will be the investor's intention to expand and broaden the A1ChemIE Board of Directors from a five person Board to a seven oorson Board.

The increased size would allow for the addition (

competent professionals in particular areas which concern and address the Corporation's business plan over the next year.

On a seven person Board, the foreign investors'would propose F.

Donald O'Sullivan as their representative.

The domestic investors would propose James A.

Schmiesing as their representative.

Tim Kurtz, from the interim board, would remain. (Mr. Kurtz served for nine years with Price Waterhouse, and is a former subsidiary controller of the Mellon Bank of New York.)

The remaining four board positions would be selected from among the following individuals:

Ernest C.

Evans, Mitzi S.

Miller, A.

Andrew Carey, Mark Miller, and an individual as yet unselected who possesses commercial, financial, and marketing experience.

Once the financing transaction is completed with the new investors, Stephen Irving would resign from the interim Board of Directors.

It is the position of the current Board of Directors that the selection of an independent, competent, and professional board of directors to guide the affairs of the A1ChemIE Corporation is an action which is timely, in the best interest of the

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U. S. Dnpartmant of Energy h

7' July 26, 1989

.Page.3 L

-t shareholders and the corporation, and consistent with the expressed goals and concerns of both the - Department of Energy

-and the-Nuclear Regulatory Commission.

4 As~~ always, representations made herein reflect the positions.of the current members of the Board of Directors and are, in all regards, 'subj ect ~ both to the shareholder's meeting and any required court approvals.

Respectfully submitted, ALCHFMIE, INC.

A stephen A.

Irving, % airman Board of Directors 0. C)<200ttke, A.

Andrew Caret, Member Board of Directors-lGb'0 0>h (c.L_ 'Uk b.0)f b,,

-Mitzi S. Miller #,

Memb6r Board of Directors

-Enclosures 1

0

~ - _ - _ _ -... _ _ _ - - - -

FRANCIS. DONALD (DON) O'SULLIVAN 1

1

- Home' Address:

69 The Esplanade South Perth Western Australia

- Business' Address:-

Urban Management Consultants Party, Ltd.

Suite 3 88 Thomas Street West Perth Western Australia Date of Birth:

October 12, 1935 Nationality:-

Australian Passport Number:

EO 12258 Residency:'

Australia Status:

Married with two children

.- - _ _.- _-_____.__m.m

i

. f.,j TIMOTHY A.

KURTZ 859 LARCHMONT ROAD PITTSDURGH, PA 15243 I.

~!412) 341-2904 SOC. SEC. # 175-40-9014 EDUCATION Dachelor of Science Degree in ' Mathematics, Indiana University of Pennsylvania Masters in: Business Administration Degree' University of Pittsburgh; C.P.A.,

Pennsylvania.

Married, Two Children Date of Birth.11/26/49 BUSINESS EXPERIENCE Solf Employed Management Consultant. 1988-Present

' Price Waterhouse, Pittsburgh,.PA 1983-1987 Price Waterhouse, New York, NY 1978-1902 Former Position: Senior Consulting Manager Mellon Dank, New York, NY 1975-1970 Mellon Bank, Pittsburgh,-PA 1972-1975 Former Position: Subsidiary Controller

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g RESUME OF JAMES A.SCIIMIESING L

Personal:

Age 51, narried, four adult children.

L Education:

J.D.,

Loyola Univernity of Los Angeles (1962).

M.A.,1 University of San Diego.(1988)

Occupation:

Attorney at Law Work Experience:

Deputy Attorney General, State of California (1962-1964)

Associate and Partner, Boyko & Simmons,

.Los Angeles, CA (1964-1969).

Partner, Schmiesing & Blied and predecessor firms Newport Beach and Irvine, CA (1969-present).

Professional Organizations:

Admitted to California Bar, 1962.

Admitted to practice before the U.S.

Court of Appeals (9th Cir. ),

U.S.

District Court (Cent. CA), U.S. Tax Court. Member of the Real Estate and Business. Law Sections of the California Bar Association.

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BRVINE, CALIFORNIA 98784 g

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July 27, 1989 n

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Mr. James C. Hall Mr. Joseph W. Parks Mr. Robert E. Lynch.

U.S.' DEPARTMENT OF ENERGY

P.O. Box'2001 Oak Ridge, TN.'37830 Gentlemen:--

At our recent. meeting,!you expressed your opinion that the. DOE would.not accept'as shareholders of A1ChemIE one or more members; of.our investment group. That belief was predicated upon'the fact one. member'was presently subject to-federal indictment.

. My,under-standing was that:you were concerned as to the propriety of-trans-ferring. classified equipment' and technology-to such person.or persons'and'that such person might have access to the classified.

equipment'and. technology.

L It-is;my.' understanding that the present directors, staff,.and share-holders of A1ChemIE do not have," access" to the classified equip-ment-and-technology other than those that are Q-cleared.

It is therefore : difficult to understand how any of our -investor group can gain access:without DOE consent.

However, we have taken account of your expressed concerns and pro-pose the following:

Firstly. the investment group has made arrangements with our consultant Mr..R. Buceta to pay his fee other than by shares

-of AlChemIE.'Such-conduct is clearly in accord with generally-

. accepted corporate law.

He.will not be part of our investment ~

group, represent us after the acquisition, nor serve on.the

. Board of A1ChemIE.

Secondly, Mr. Buceta's immediate family and his business part-

'ners have agreed to withdraw from our investment group should you.wish, i

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July.27,'1989 U.S.. Dept. of Energy-Thirdly, should any of the remaining parties in our investor group.not'be acceptable to the DOE, we will ask them to with-draw and replace them with acceptable investors.

Fourthly, our' investor' group is prepared to p3 ace its share-

~

holding in the hands of an independent trustee until such time as you have reviewed our credentials and approved the owner-ship of these members of our investment group.

Should that approval _not be forthcoming as to specific investors, those individuals would agree to dispose of their shareholding to L

an acceptable unrelated third party within a reasonable period l

of time.

We would trust that this proposal would meet with your approval, demonstrate our. good faith, enable the company to post the per-formance bond and complete its obligation to the DOE.

Very truly yours,

,o JAMES A.

HMIESING JAS:jls 1

4 9

0 TOTAL P.01

C JAMGemEE,inc.

' ' M Chemical isotope Enrichment. Inc.

.... ~

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August 2, 1989 Mr. Jim Hall Mr. Joe" Parks Mr. Robert. Lynch Ms. Ann Ward-

.U.S. Department of Energy Oak Ridge Operations P.O. Box 2001 Oak Ridge, TN 3'/831

Dear Ms. Ward and Gentlemen:

Much unfair noise ' has been made.these past few weeks by a dissident. group of minority shareholders seeking to advance their own interests by negatively characterizing financing arrangements entered into by A1 Chem 1E Corporation and our group of investors.

It is the purpose of this letter for the Board of Directors to speak with the official corporate voice about these

. matters.

The AlchemIE ' Corporation will not finalize any financing transaction which is not above board and in the best interest of the corporation.

We recognize now, as we have for several

years, that any financing. transaction and any changes in ownership of the A1ChemIE Corporation will undergo the intense scrutiny of both the Department of Energy and the Nuclear Regulatory Commission.

By the time these investigations are

. concluded, along with the ongoing A1ChemIE corporate investigation into the same matters, all parties should be well assured that any financing transaction entered into between A1ChemIE and any group of investors is legal and appropriate.

By the same token, the A1ChemIE Board of Directors will not permit'real, viable, fair deals to be interfered with by parties seeking personal gain.

This would apply to both individuals seeking to sell the Corporation a competitive financing-alternative and to the individuals who might seek to dative - the corporation down in order to later acquire it for their own gain.

AlChemIE is cognizant of DOE's reasonable concerns about the character of our investment partners and their ability to perform as promised.

For this reason the AlChemIE Board of Directors supports and endorses the following plan, which we feel meets the mutual interest of A1ChemIE, the Department of Energy, and the Nuclear Regulatory Commission:

Pine Ridge Office Park, Suite 202-B 702 tilinois Ave Ook Ridge, TN 37830 (615) 482-0029

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LA%NER S 2400 s. C. MAIN ST R C CT, SWITC 300 IRVINC, CALiroRNIA 02714 T CLCPHON C (75=1) S $$*l544 TCLCCOPCat (7:4) g63 9043 July 27, 1989 Mr. James C. Hall Mr. Joseph W. Parks Mr. Robert E.

Lynch U.S.

DEPARTMENT OF ENERGY P.O. Box 2001 Oak Ridge, TN. 37830 Gentlemen At our recent meeting, you expressed yeur opinion that the DOE would not' accept as shareholders of AlChemIE one or more members of-our investment group. That belief was predicated upon the fact one member was presently subject to federal indictment.

My under-standing was that you were concerned as to the propriety of trans-ferring classified equipment' and technology to such person or persons and that such person might have access to the classified equipment and technology.

It is my understanding that the present directors, staff, and share-holders of AlchemIE do not have " access" to the classified equip-ment and technology other than those that are Q-cleared.

It is therefore difficult to understand how any of our investor group can gain access without DOE consent.

However, we have taken account of your expressed concerns and pro-pose the following:

Firstly, the investment group has made arrangements with our consultant Mr.

R. Buceta to pay his fee other than by shares of AlChemIE. Such conduct is clearly in accord with generally-accepted corporate law.

He will not be part of our i:1 vestment i

group, represent us after the acquisition, nor serve on the l

Doard of AlChemIE.

Secondly, Mr. Buceta's immediate family and his business part-ners have agreed to withdraw from our investment group should you wish.

(

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PCg3 Tw3 July 27, 1989 U.S. Dept. of Energy Thirdly, should any of the remaining parties in our investor group not be acceptable to the DOE, we will ask them to with-draw and replace them with acceptable investors.

Fourthly, our investor group is prepared to place its share-holding in the hands of an independent trustee until such time as you have reviewed our credentials and approved the owner-ship of these members of our investment group.

Should that approval not be forthcoming as to specific investors, those individuals would agree to dispose of their shareholding to an acceptable unrelated third party within a reasonable period of time.

We would trust that this proposal would meet with your approval, demonstrate our good faith, enable the company to post the per-formance bond and complete its obligation to the DOE.

Very truly yours, I

JAMES A.

Hi[IESING

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U.S. D pnrtment of Entrgy August 2, 1989 Page 2 The A1ChemIE foreign investment group will place any shares which they acquire in a strict trust agreement, with said shares being voted and controlled by an independent American citizen who has no ties whatsoever to the California Once the DOE investigation concludes that investment group.

the foreign investors are appropriate individuals to have an interest in this company, then and only then will the shares be removed from the trust and placed in the respective individuals' names.

A similar process will be performed with the California investment group.

Only when the DOE has satisfied itself that these individuals are appropriate parties to have an interest in A1ChemIE will shares be from their voting trust to the individuals own issued This process will enable our transaction to continue names. while, meeting our mutual concerns and, most space the hard diligent efforto of both A1ChemIE and importantly, DOE will not be set aside because of innuendo or unfair misrepresentation but will instead continue the process toward bringing this most valuable technology transfer into real operation.

This new AlchemIE Board of Dircctors wishes to reiterate that this Bob Buceta will not be a part of our financing transaction; statement will be true regardless of the outcome of the criminal charges now pending against Mr. Buceta.

The issue of whether Bob Buceta is an appropriate investor in A1ChemIE is thus rendered moot.

Throughout our dealings A1ChemIE and DOE have keep sight of many benefits of this important technology transfer.

Both parties have diligently worked to effectuate this transfer, and both parties have been flexible to the many new situations which are attendant of this unprecedented transfer from the government to The Board of Directors of A1ChemIE think it the private sector.

is important to squelch the air of panic and concern which have come to permeate this particular transaction due to the unfortunate action of a few individuals who seek personal gain at company expense.

All in all, the new A1ChemIE Board of Directors is endeavoring by - this letter to communicate to the Department of Energy our complete willingness to be sensitive to the reasonable concerns of DOE and to work in all regards to structure an arrangement which meets those concerns and allows our project to go forward.

Respectfully submitted, ALCHEMIE, INC.

LCcbcCbk'g 4:

Dr. A. Andrew Carey Chairman Pro Tem and President

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101 S. Main Strent

. Pine Ridge Office Park, 202-0 Clinton, Tennessco 37716 702 S.

Illinois Avenue O.sk Ridge, Tennessee 37830 o nas s.anou. m=muu wem the son.. expo ou...)

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All contract rights.in a certain Centrifuge Equipment Agreement and Dill of Sale by and between the Ur ited States of America acting through the e

Secretary of Energy and Debtor, dated the 20th day of November, 1907, a copy of which is attached as Exhibit A, and all unclassified equipment now owned or hereafter acquirod, which is acquired by Debtor pursuant to such contract.

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.y f*MRSHALL AND STEVENS INCORPORATED 111 Parker Strrmt Suite 600

' Tampa, F133606 (813) 251-4144

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l May 1, 1989

{

Mr. Steven A. Irving Chairman of the Board AIChemlE, Inc.

Pine Ridge Office Park Suite 202-B 701 Illionis Avenue Oak Ridge, Tennessee 37830 c-y I'

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Re: File No. #t,0-0530

Dear Mr. Irving:

We hereby certify that, to the best of our knowledge and belief, the facts and data considered in our appraisal dated February 22, 1989, covering certain equipment assets at' the GECP facility in Piketon, Ohio are true and correct.

We further certify that we have no interest, present or prospective in the 4

subject property.

[

The above statement is subject to the limiting conditions set forth in the above-referenced appraisal.

Very truly yours, t.

MARSHALL AND STEVENS INCORPORATE!)

/ka e

APPRAfSUIS ANO VALU AtlON CONSULTANTS

_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _

ML20246B167

Contents

Text

Dear Mr. Bernero:

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

=

=

Dearborn,

Dearman,

Dear Ms. Ward and Gentlemen:

Dear Mr. Irving:

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ML20246B167

Text

Dear Mr. Bernero:

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

RESPONSE

=

=

Dearborn,

Dearman,

Dear Ms. Ward and Gentlemen:

Dear Mr. Irving:

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