Affidavit of General Financial Condition
Affidavit of General Financial Condition
2. What is your full name and what position do you hold in the debtor?
3. What is the full name of the debtor(s) and what is the address of its
head office?
The full name of the debtor is Enjoy Realty & Development Corporation
(ERDC).
ERDC’s address is at, No. 21 Zone 5, San Felipe, Naga City, Camarines
Sur.
6. What is the nature of the business? What is the market share of the
debtor in the industry in which it is engaged?
ERDC is engaged in civil engineering and real estate activities. Its share in
the local real estate industry is more or less thirty percent (30%).
9. What is the capital contribution and what is the amount of the capital,
paid and unpaid, of each of the partners of shareholders?
The capital contribution, amount of capital and amount unpaid and paid
of each of the shareholders are as follows:
Capital Amount of
Shareholder Contribution Capital Unpaid/Paid
Aman, Emeterio Cash 9,750,000.00 Paid
Aman, Marilyn SP. Cash 7,935,000.00 Paid
Crisostomo,
Gerardo III P. Cash 45,000.00 Paid
Alicaway, Raul L. Cash 225,000.00 Paid
Leander, Yolanda Cash 45,000.00 Paid
A.
Total 18,000,000.00 Fully Paid-up
10.Do any of these people hold the shares in trust for others?
Directors Officers
Aman, Emeterio Chairman President
Aman, Marilyn SP. Member Corporate Secretary/Treasurer
Crisostomo, Gerardo III Member Vice President
P.
Alicaway, Raul L. Member Non-Officer
Leander, Yolanda A. Member Non-Officer
12. Does the debtor have any subsidiary corporation? If so, give particulars.
13. Has the debtor properly maintained its books and are they updated?
15. If so, what is the name of the auditor and when was the last audited
statement drawn up?
The name of the auditor is Araceli Gabriel Panga, CPA. The last audited
statement was as of and for the year ended December 31, 2019.
16. Were all the proper returns made to the various government agencies
which required them?
Yes, all the proper returns were made to the various government
agencies which require them.
17. When did the debtor first become aware of its problems?
18. Has the debtor, within the twelve months preceding the filing of the
petition
(a) made any payments, returned any goods or delivered any property to
any of its creditors, except in the normal course of business?
(b) Executed any mortgage, pledge, or security over any of its properties
in favor of any debt?
Except for the property donated to the Local Government oNo, there
was no property sold, disposed of, or removed except in the ordinary
course of business.
(e) sold any merchandise at less than its fair market value or purchased
merchandise or service at more than fair market value?
No, merchandise was not sold at less than its fair market value and
no merchandise or service were purchased at more than fair market
values.
20. What were the sales for the last three years and what percentage of the
sales represented the profit or mark-up?
Sales for the last three years and percentage of profit or mark-up are as
follows:
21. What were the profits or losses for the debtor for the last three years?
The profits or losses of the debtor for the last three years are as follows:
23. When did you first notice these problems and what actions did the
debtor take to rectify them?
The debtor first noticed these problems in April 2020. These problems
were basically caused by the Covid-19 pandemic and rectifying the
situation is beyond its capability. What is available for the time being is
for the debtor to seek rescheduling on the payments of its maturing
obligations.
26. Are there pending and threatened legal actions against the debtor?
None yet.
27. Has the debtor discussed any restructuring or repayment plan with any
of the creditors? Please provide status and details.
As to Philtrust Bank
The loan is presently under restructured status, however the terms were
practically dictated by the bank, like the period, capitalized penalties and
interest, additional collateral requirements, etc. which do not align with
debtor’s financial capacity. As a result, debtor’s present cash flows isstill
not enough to meet amount of interest due. Collections is only enough
to sustain payroll and operating costs and expenses.
Not yet.
28. Has any creditor expressed interest in restructuring the debts of the
debtor? If so, please give particulars.
As to Philtrust Bank
As to Producers Bank
29. Have employees’ wages and salaries been kept current? If not, how
much are in arrears and what time period do the arrears represent?
Yes, all obligation to government and its agencies are kept current.