friendly's chapter 11 petition

8/4/2019 Friendly's Chapter 11 petition

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B! (Official Form 1) (4/10)United States Bankruptcy Court . YO hintary Petition ..District of Delaware ....

Name of Debtor (if individual, enter Last, First , Middle): Name of Joint Debtor (Spouse) (Last, First , Middle):Friendly Ice Cream Corporation

All Other Names used b y the Debtor in the last ears All Other Names used b y the Joint Debtor in the last ears(include married, maiden, and trade names): (include married, maiden, and trade names):See Rider 1

Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN Last four digits of Soc. Sec. or Individual-Taxpayer I.D. (ITIN)/Complete EIN(if more than one, state all): (if more than one, state all):04-2053130

Street Address of Debtor (No. and Street, City, and State): Street Address of Joint Debtor (No. and Street, City, and State):1855 Boston RoadWilbraham, Massachusetts_______________I ZIP CODE I ZIP CODE101095 ICounty of R esidence or of the Principal Place of Business: County of R esidence or of the Principal Place of Business:Hampden CountyMailing Address of Debtor (if different from street address): Mailing Address of Joint Debtor (if different from street address):

ZIPCODE Z IP CO D ELocation of Principal Assets of Business Debtor (if different from Street address above): ZIP C O D E

Type of Debtor Nature of Business Chapter ofBankruptcy Code Under Which(Form of Organization) (Check one box.) the Petition is Filed (Check one box.)(Check one box.) El Health Care Business

i:individual (includes Joint Debtors) Single Asset Real Estate as defined in i:i Chapter 7:i Chapter 15 Petition for RecognitionSee Exhibit D on page 2 of this form. II U.S.C. 101(5 IB) i:i Chapter 9f a Foreign Main ProceedingCorporation (includes LLC and LL?) El Railroad Chapter IIl Chapter 15 Petition for RecognitionEl Partnership [1 Stockbroker El Chapter 12f a Foreign Nonmain ProceedingEl Commodity Broker[I Other (If debtor is not one of the above Clearing Bank El Chapter 13 Nature of Debtsntities, check this box and state type of entity Otherelow.) (Check one box.)El Debts are primarily consumer debts,ebts are primarilyTax-Exempt Entity(Check box, if applicable.) defined in II U.S.C. 101(8) asusiness debts.El Debtor "incurred by an individual primarily foris a tax-exempt organization under a personal, family, or householdTitle 26 of the United States Cede (the Internal purpose."Revenue Code).

Filing Fee (Check one box.) Chapter 11 DebtorsFull Filing Fee attached. Check one box:El Debtor is a small business debtor as defined in II U.S.C. 101 (5 ID).Eliling Fee to be paid in installments (applicable to individuals only) Must attach Z Debtor is not a small business debtor as defined in It U.S.C. 101(51 D).signed application for the courts consideration certifying that the debtor is unable topay fee except in installments. Rule 1006(b). See Official Form 3A. Check if:El Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach El Debtors aggregate noncontingent liquidated debts (excluding debts owed to insiders orsigned application for the courts consideration. See Official Form 3B. affiliates) are less than $2,343,300 (amount subject to adjustment on 4101113 and everythree years thereafter).

Check all applicable boxes:El A plan is being filed with this petition.El Acceptances of the plan were solicited prepetition from one or more classes of creditors,in accordance with1126(b).II_U.S.C.Statistical/Administrative Information THIS SPACE IS FORZ Debtor estimates that finds will be available for distribution to unsecured creditors. COURT USE ONLYEl Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no finds available for distribution tounsecured creditors.Estimated Number sfCredilsrs (on a consolidated basis)Elllllllll1490-9900-19900-999,000-, 001 -0,001-5,001-0,001-ver5,0000,0005,0000,00000,00000,000Estimated Assets (on a consolidated basis)ElllllllEll$0 to50,001 to100,001 to500,001 to1,000,001 to10,000,001 to50,000,001 to100,000,001500,000,001ore than$50,000100,000500,000I million10 million50 million100 milliono $500 milliono $1 billion1 billionEstimated Liabilities (on a consolidated basis)ElllllllElSO to50,001 to100,001 to500,001 to1,000,001 to10,000,001 to50,000,001 to100,000,001500,000,001ore than$50,000100,000500,0001 million10 million50 million100 milliono $500 milliono $1 billion1 billion


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BI (Official Form 1(4/10age 2Voluntary Petition Name of D ebtor(s):IThis page must be completed andflied in every case) Friendly Ice Cream CorporationAll Prior Bankruptcy Cases Filed Within Last 8 Years (Ifmore than two, a t tach addit ional sheet .)Location Case Number: Date Filed:Where Filed:on eLocation Case Nu mber : Date Filed:Where Filed:

Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (Ifmore than one, a t tach addit ional sheet . )Name of Debtor: Case Number: Date Filed:See Rider 2District: Relationship: Judge:Distr ict o f D elaware

Exhibit A Exhibit B(T o be completed if debtor is an individual(To be comp leted if debtor is required to file periodic reports (e.g. , forms 10K whose debts are primarily consumer debts .)and IOQ) with the Securities and Exchange Comm ission pursuant to Section 13 1, the attorney for the petitioner named in the foregoing petition, declare that Ior 15(d) of the Securities Exchange Act of 1934 and is requesting relief under have informed the pet i t ioner tha t [he o r she] may proceed u nder chap ter 7 , 11,chapter 11.) 12, or 13 of t i t le 11, United States Code, and hav e explained the relief availableunder each su ch chapter. 1 further certify that I have delivered to the debtor thenotice required by II U.S.C. 342(b).

Exhibit A is attached and m ade a pa rt of this petition. XIignature of Attorney for D ebtor(s)Date)

Exhibit CDoes the de btor own or ha ve possession of any prope rty that poses or is alleged to pose a threat of im minent and identifiable harm to public health or safety?

Yes, and Exhibit C is attached and m ade a part of this petition.N o.

Exhibit D(To be completed by every individual debtor. If a joint petit ion is filed, each spouse mu st complete and attach a separate Exhibit D.)

Exhibit D completed and signed by the debtor is attached and m ade a p art of this petition.If this is ajoint petition:

Exhibit D also completed and signed by the joint debtor is attached and mad e apart of this petit ion.Information Regarding the Debtor - Venue(Check any applicable box)

Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediatelypreceding the date of this petit ion or for a longer p art of such 180 days than in any other District.The re is a b ankruptcy case concerning de btors affiliate, general partner, or partnership pending in this District .Debtor is a deb tor in a foreign proceeding a nd has its principal place of business or principal assets in the United States in this District, or hasno principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in thisDistrict, or the interests of the pa rties will be served in rega rd to the relief sought in this District

Certification by a Debtor Who Resides as a Tenant of Residential Property(Check all applicable boxes.)

0 Landlord has a judg ment against the debtor for possession of debtors residence. (If box checked, com plete the following.)(Name o f landlord that obtained judgment)

(Address of landlord)

Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor wo uld be permitted to cure the en tiremonetary default that gave rise to the judgm ent for possession, after the judgment for possession was en tered, andEl Debtor has included in this petit ion the depo sit with the court of any rent that would becom e due during the 30-day period after the filing ofthe petition.0ebtor certifies that he/she has served the Landlord w ith this certification. (11 U.S.C. 362(1)).


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BI (Official Form 1) (4110)age 3I

Voluntary Petition I Name of Debtor(s):(This page muse be completed andfiled in every case) Friendly Ice Cream Corporation

SignaturesSignature(s) of Debtor(s) (Individual/Joint) Signature of a Foreign Representative

I declare wider penalty of perjury that the information provided in this petition I declare under penalty of perjury that the information provided in this petition isis true and correct, true and correct, that I am the foreign representative of a debtor in a foreign[If petitioner is an individual whose debts are primarily consumer debts and proceeding, and that I am authorized to file this petition.has chosen to file under chapter 7] 1 am aware that I may proceed under (Check only one box.)chapter 7. II, 12 or 13 of title II. United States Code, understand the relief [1 request relief in accordance with chapter 15 of title II, United Statesavailable under each such chapter, and choose to proceed under chapter 7. Code. Certified copies of the documents required by 11 U.S.C. 1515 are(If no attorney represents me and no bankruptcy petition preparer signs the attached.petition) I have obtained and read the notice required by 11 U.S.C. 342(b).I request relief in accordance with the chapter of title 11, United States Code, [Jursuant to 11 U.S.C. 1511, 1 request relief in accordance with thespecified in this petition. chapter of title I I specified in this petition.certified copy of the ordergrunting recOgtiitior, of the foreign main proceeding is attached.

XXignature of Debtor

(Signature of Foreign Representative)XSignature of Joint Debtor

(Printed Name of Foreign Representative)Telephone Number (It not represented by attorney)

DateData

"guatus-e of Attorney " Signature of Non-Attorney Bankruptcy Petition PreparerI declare under penalty of peIuty that: (I) I am a bankruptcy petition prepareras defined in II U.S.C. 110; (2) 1 prepared this document for compensation

IraDavisDE Bar No. 2436) and have provided the debtor with a copy of this document and the notices andinformation required under II U.S.C.10(b), 110(h). and 342(b); and, (3) ifrules or guidelines have been promulgated pursuant to II U.S.C. 110(h) settingrinted Nanf Attorney for Debtor(s)PACHULSIU STANG Z1EIIL & JONES LLP a maximum fee for services chargeable by bankruptcy petition preparers, I havegiven the debtor notice of the maximum amount befbre preparing any documentirm Name919 North Market Street, 17th Floor for filing for a debtor or accepting any fee from the debtor, an required in thatWilmington, Delaware 19899-8705 section. Off icial form 19B is attached.Address(302) 6524100Telephone Number Printed Name and title, ii any, of Bankruptcy Petition PreparerOctober_5,2011Date Social Security number (If the bankruptcy petition preparer is not an

individual, state the Socia l Security number of the officer, principal,"n a case in which07(b)(4)(D) applies, this signature also constitutes a responsible person or partner of the bankruptcy petition prcparer.)(Requiredcertifica tion that the attorney has no knowledge after an inquiry that the by 11 U.S.C. 110.)information in the schedules is incorrect.Signature of Debtor (Corporation/Partnership)

I declare under penalty of perjury that the infonsiation provided in this petitionis true and correct, and that I have been authorized to file this petition onbehalf of the debtor. AddressThe debtor requests relief in accordance with the chapter of title II, UnitedStates Code, specified in this petition. X

C .Signature of Authorized Individual DataSteven C. Sanchioni

Signature of bankruptcy petition preparer or officer, principal, responsiblerinted Name of Authorized Individualperson, or partner whose Social Security number is provided above.

Executive Vice President, Chief Financial Officer, Treasurer, and Names and Social Security numbers of all other individusla who prepared orAssistant Secretary assisted in preparing this document unless the bankruptcy petition preparer is notan individual.itle of Authorized Individual

October 5, 2011 If more than one person prepared this document, attach additional sheetsconforming to the appropriate official form of each person,DateA bankruptcy petition preparers failure to comply with the provisions of tide iiand the Federal Rules of Bankruptcy Procedure may result in fines orimprisonment or both II U.S.0 110:18 U.S.C. 156.


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Rider 1FriendlysfiFriendlysfi ExpressFriendlysfi Family RestaurantsFriendlysfi Foodservice

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Rider 2Pending Bankruptcy C ases Filed by the Debtor and Affiliates of the Debtor

On the date hereof, each of the entities listed below (collectively, the "Debtors") filed apetition in this court for relief under chapter 11 of title 11 of the United States Code. The Debtorshave moved for joint administration of these cases under the case number assigned to the chapter 11case of Friendly Ice Cream Corporation.

Friendly Ice Cream Corporation2. Friendlys Realty I, LLC3. Friendlys Realty II, LLC4. Friendlys Realty III, LLC

Friendlys Restaurants Franchise, LLC

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friendly's chapter 11 petition

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