t: o - The Am Law Dailyamlawdaily.typepad.com/files/southern-montana-electric-ch-11...352 1 Gabe l...

U(rrtD STAttS BfKRUYrCY COURT

Inc

Us four dlgus or Soc Sec or [ndlVldualmiddotTalC]To1ver (JTIN)fComplctc EIN 10 (mN)lCllmplete I iimore than one suue all) 7 2 - 1 5603 9 2

Screet -ddress (l r Oebtor INo md s~ lI1D Swc) md SWCI352 1 Gabe l Road Bi lli ngs MT

C Ind ividual tIncudes J Oint Decto rl s~ poundtirOll D on pag ~ ojlsorm

t Clrporman t mcludes LLC md Ll o PIltIlershlo C Other rlfdeiJlor is nOt one or tile Jbove Innes

~heck Jus box II1d SCltC cvpe or enOl JeIOW1

tJ Full Filing Fee aItlChed

o o o o Q

~

(lunty 01 Rcsldcu (lr oi ctlc PnDClpai Place ()r Busmess

i arure of Business (Check one box I

Health C~ Busmess Single ssel Real Estate lS derinea n 11 Usc sect 101(5 18) RaIlroad S toekbroicer Commodity Broker Clemng Bank Other

TumiddotEumpl Endty (Ceck box If JlP1icblc)

Deiltor is a tIX~l(ernpt o~=on under Title6 or the United SIUCs Code (the Internal Revenue Code)

( If ifl ifcmu ttom Street

Cllaple r o( Bankruptcy th e Perition is FlIed ICheck ODe OolL l

Clacter 7 Chaple ~ annIe 11 Chapter I Chnoter I~

o Cl1acter I j Penoan ior ~ogllloon at ~ Foregn MaIO Proceeding

C Chapter 1j Pennon ror RecoglllDan oi l ForeIgn Nonmam Proceeding

iaruN of DebtS (Check one bolL)

C Deots ~ primarily consumer deolS termed m II USC

o DeblS =pmnanly business deCl1

~ 10 1(8) as ~incurred by JlI

Individuai pri manly for a pelSolllll timuly (lr house-

Check oae bolo Debtor IS Hmall bUS iness debtOr as deIined in II USc sect 101(510) [1 DebIQrisoo(1small busincssdebmr3Sdefinedin 11 USC sect 101(510)

o Filinamp Fee IQ be paid in insraUmentS (appliccle to indiVIduals only) Must iIUIIh sisned Ipllicmon for the courts com1dermon =Uiymg rIw the debtor IS

unable to JJlIY fee axccpt in insmllrnems RIlle OO6(b) See Officml Form 3A Cbeek if o Debtors aggregau noncontmgem liquidaled debtS (ealtldinsect dcbs owed to

insiders or IiliJims) an less than $23430300 (amolDll subject fD adjusrmuu 011 OJ3 and ~ry drne yean Wnaftu~o Filing Fee waiver ~ (applicable to ~ 7 mdivuluals only) Must

iIttlIIh SIgned applicmon for the courts cormdmllon See Official Form lB Cheek si1appliabJe boxes o A plan j bemg filed with this petition o A~ of the plan ~solic~ pttperition from 0IIII orDOR CW3es

with II I 126(b) IafonnaDoa

Debtor estimaIES thai fimc1s wrU be anUable for dimlbution to UDSeCIUtd ~tol1n o DebtOr ~ tImt iIfbr my ~ property is =luded and admirusIrabve experSCI paid tbcre wiD be no funds available for distribution to umccured

50-99

Assets 0 0 0 SOte SSOOOI to SIOOOO t to 150000 5 100000 1500000

Esturuued Wablliacs

0 0 0 so to S50001 to SIOOOOI to SSOOOO SIOOOOO 5500000

0 S500OO 1 to SI

0 SSOOOOI to 51

o 1000shy5000

0 51000001 toS10

0 51000001 to 510

o 5001middot 10000

0 S 1000000 1 to S50 mIllion

0 S 1 000000 I OSSO million

o 1000 1 25000

0 $5000000 I to SIOO

0 15000000 1 to SIOO

o ~001middot 50000

1t00000001 to 5500 million

XJS10000000 1 to 5500

o 5000 I 100000

0 $500000001 to SI billion

0 1500000001 to S I billion

o Over 100000

0 Mon than SI billion

0 Mare han $1 bIllion

nns SPACE IS FOR COIJJlT UU OMY

11-62031-RBK Doc 1 Filed 102111 Entered 102111 161920 Page 1 of 11

0

9 1 (Official Form I) (410) Pane 1 Voluntary Petition So uthern Mont ana El ec t ric G en e ra t i on an d Tran smiss i on (Ths page must be compited and fi~d In evoI case rn n np rrl t iv p T nr npn t nr

All Prior Bankruptcv CaSt Filed Within Let 8 YUIS (If more than twO attach addi uonci sheet) LocQuon Case Number Date Filed I When Filed Location Case Numbe r Date Fil ed Where Filed

Pcndinl Baokruptcv Can Filed bv any 5Pouse PaNner or Affiliate of tbis Debtor tlf more than one attach addillonal sheell Name 01 Debtor

Dlstncl

Exhibit -

(To be completed If debtor IS required to tile periodic reports (e g bull forms 10k and 10Ql with lhe Securilies and Ex hange CommIssion pursuant to Section 13 or I(d) of the Seunues Exchange Act of 1934 and IS requesting rehef under chapter II)

Exhibil A is attached and made a pan oi thiS petltton

Case Number Date Filed

Relationship Judge

Exhibit B (To be compl ~ted ifdebtor IS an indiVidual whose debts are pnmall ly consumer debts)

I the anomey for the petitioner named rn the foregOing pentIon declare that [ have informed the petllloner that [he or shel may proceed under chapter 7 II I~

or 13 oi mle I I United Stll~ Code and have explolOed the re lief avai lable under each such chapter I further certify that I have delivered to the debto r the nouce reqUired by I I US C sect 342(b)

Sill1arure of Attomev fo r Debtors) (Date)

Exhibit C

Does the debtor own or have possession of any pr perty Ihal poses or IS alleged to pose a threat of imm inent nnd Idennfiable harm to public heal th or safety

0 Yes and Exhtb it Cis atlachedand made a pan IJfthis pelitiOn

0 No

E hibilO

(fo be completed by every IOdlvldual debtor Ifa joIOt peti lion is fi led each spouse muslcomplelc and attach a separate Exhlbll D)

0 Exhibit 0 completed and Signed by the debtor IS attached nnd made a pan of thiS petition

[f thiS is a joint petition

0 EltJlIb it D also completed and signed by the joint debtor is attached and made a pan of this pellllon

rnformation Regarding tbe Debtor - Venue (Check nny applicable box)

XJ Debtor has been tiormclled or has had a residence principal place of business ar pnnClpal assetS in this Distnct lor 180 days immediately preceding the date of this pelltlon or for a longer pan of such 180 days than in any other Districl

0 There is a bankruptcy case concemmg debtors affiliate genernl partner or pnrnteTShJp pending 10 this DistriCt

0 Debtor is a debtor 10 a foreign proceeding WId has its principal place of busmess or principal assets in the United States in this Dlstnct or has no pnnclpa place of business or assets in the Un ited Slates but is II defendant in an action or proceeding [in a fedeml or state courtllTllhis District or the interests of the parnes will be served in regard to the reliefsought 10 thIS Distnct

Cutifkation by Debtor Who Resides as a Tenanl of Resideotial Property (Check all JPplicable boxes)

0 ulndlord has a judgment against the debtor for possession of debtors residence (If box checked complete the following)

(Name of landlord that obtaJlled judgment)

(Address oflllrtdlord)

0 Debtor chums Ihnt Wlder applicable nonbankruptcy law there are circumstances under which the debtor would be perm itted to cure the enure monetary default that pve rise to the Judgment for posseSSion after the judgment for possession was entered and

0 Deblor has included with thiS petition Lhe depOSIt WIth the court ofany rent that would become due during the 30-ltlay period after the fil ing of the pClJllOn

0 Debtor certifies thai heshe has served the Landlord WlLh Lhls certlficatloll (II USc sect 362(1))


X

X

81 (Official Form~1 (410) P3ne J

Voluntary Petition S ou t~e r n f1 0n t a na E1ectr i c Gen erat i on and Tr a ns mi ssi on(This pge must be comfJleted and 1fl~d In ~vtrv =~J SilIlII IU reS CooDer a t i ve Inc De bt o r SigDllture(s) of Ddllor(s) (IndividuaUJoinl)

I declare under penalty of perj ury that the informal1on provided in thiS petition is true

JIId COmCL [If pemioner is an individual whose debts are priman ly COl8umer debrs and has chosen to file under chapter 7J I am aware that I may proceed under ha~ller 7 I I 11 or 13 or title I I nlted States Code undcrs3J1d the relief avail able under each such chapter 3J1d choose to proc cd under chapler 7 [If no attorney represenlS me and no bankruptcy petinon preparer signs the peti tion] I

have obtillned an red the nouce required by II US C sect 342(b )

I request relief In accordance with the chapter oi title I I United specified in this pemion

Signature of Debtor

lt Signature of JOint Debtor

(

Teleph~umbec (Ifnot represented by anomey)

Dllte rture of Altorneymiddot

~~ Signature f rd~r debtorts )

nn 1 n n F nOted N~ rIc of Attorne for Debtor$)

[In k ~c c n iLl tJgt lt Jl 1 Fmiddot N I1551~~ H St r ee t Sui te 200

~] ] 2] 1l~ ~ ~ ~~1~ 9 ]O 3 ] 815 Address

4Q6- 896 - 89Q 1 Telephone Number

Oc t o ber 21 2Q11 Dille

StJlte~ Code

In a case in whi h sect 707(b)(4) D) appltes thIS Signature tllso constitutes a certificanon that the artomey has no knowledge after an inqUiry that the mormation in the schedules is incorrect

Sign8 lur~ or Deblor tCorporationIPartoenbip)

I declare under penalty of perjury that the information prOVided in thi~ petition is auc and correct and that I have been authorized 10 file this peurion on behalf of the debtor

The debtor rtquests the relief in accordance witll the chapter of title I I United StairS Code specIfied 10 this petillon

X raquo ~~ -TSjgnarure of Authorized I nd~

l m oth~ Grego ri Pnnted Name of Authonzed indiVidual

Ge nera l Ma[]ag er oTitle of Authonzed Individual c t obet 21 20] 1 Date

Signa lure of a Foreign Representative

I declare unde r penally or perjury that the mformation pro vided In this petition is aue and correcl that I am the fore ign representative of a debtor in a foreign proceeding 3J1d thai I am authonzcd to file th is peti llon

Check only one bo )

0 I rtquest relief in accordance WIth chapter 15 of tit Ie I I Umted States Code Cemfied ~Oples of the documents required by I I US sect 1515 are 3rtached

0 Pursuant to I I U SC sect 15 11 I request rei 111 in accordance WIth the chapter of btle II specified in this pelloon A cenl fied copy of the order granong recognlllon of the fore ign main proceedUll is alUlChltd

X (Signature of Foreign Representative)

(Pnnted Name of Foreign Representative)

Date

Signature of -1on-Au orney Baakruptc) Pe tition Preprer

I declare under penally of perjury that (I) I am a bankruptcy peUlion preparer as defined In II US C sect 110 (2) I prepared thiS document tor compensation ll11d have prOVided the debtor WIth II copy o r this document and the nOllces and mfollTlJltion required under I I U Sc sectsect IO(b) 11 0(h) and )42(b) and (3) If rules or gutde lines have been promulgated pursuant to 11 USc sect 110(h) scmng a mox1ll1um fee for services hargeable by bankruptcy pemion preparers I have given the debtor notice af the maximum amount before preparing an document for fil ing for II debtor or acceptmg any fee from the debtor as reqUi red 10 that secllon Official Form 19 is attached

Pnnted Name and title il llny of Bankruprcy Peotlon Preparer

Soclal -Secunty number (If the bankruptcy pelltlon preparer IS not an indiVidual stale the SOClal-Secunty number of the officer prinCipal responsible person or panner o f the bankruptcy petition preparer 1 (Required by I I U SC sect 110 )

Address X

Date

Signature of bankruptcy petition preparer or officer pnnclpal responsible person or partner whose Social-Security nwnber is provided above

Names and SOClal-Secunty numbers o f aU other individuals who prepared or asSisted 10 prepmng tllis document unless the bankruptcy pebtion preparer is not an mdividual

If more than one person prepared th is documenl attach additional sheets conforming to the appropriate official form for each person

A bankruptcy pelHion p~parer s Imlure 10 comply with rhe provi~lons ollitie I and the Federal Rules 0 Bankruptcy Procedure 1IUlJI result Inina or imprironmmt or both II usc 9110 18 USc f 156


CERTIFIED RESOLUTIONS OF SOUTHERN MONTANA ELECTRIC GENERATION A ND

TRANSMISSION COOPERA TWE INC

WITNESSETH That the following Resolutions were adopted Friday October 21 201 1 at a duly noticed combined meeting of the Board of Trustees ofSouthern Montalla Electric Generatioll and Transmissioll Cooperative IIlC a Montana cooperativ corporati n organized under Title 35 Chapter 18 of the Montana Codes Annotated

WHEREAS Southern MOlltana is suffering an acute cash-flow crisis caused by issues with its power supply obligation issues with payment and adjustment of its rates opposed by some of its members litigation in multipl forums and material loss of electricity supply load previousl fi recast by some members and the Cooperatives officers have expressed their reasonable opinions that the Cooperative could with protection from creditor actions afforded under the Bankrupt y Code be reorganized into a viable economic enterprise cap ble of repaying all of its bona fide obligations and ontinuing to supply its members systems with all of their requir ments for electric energy and

ancillary services

NOW THEREFORE BE IT RESOLVED THA T SOUTHERN MONTANA shall on or before Wednesday October 26 2011 file for reorganization under Chapter 11 of the nited tates Bankruptcy Code and the officers of and counsel fo r th Cooperative are authorized and directed to prepare and fi le with the United States Bankruptcy Court for the District of Montana Billings Division all notices petitions schedules disclosures applications statements plans and other documents reasonably necessary or appropriate in connection with a Chapter 11 reorganization proceeding retain the law finn of Doak amp Associates P C on such tenns and conditions as the officers deem reasonable to represent the Cooperati e in the preparation and filing of such documents and in all other respects in connection with such reorganization proceeding to retain the accounting firm of Douglas Wilson amp Company on such terms and conditions as the officers deem reasonable to assist the Cooperati e and its counsel in connection with the r organization proceeding and to take such other measures and perfonn all other tasks that the officers in the exercise of their judgment nd discretion deem necessary or appropriate to the reorganization and restructuring of th Cooperative and its assets and liabilities under Chapter 1 1 of the Bankruptcy Code

BE IT FURTHER RESOLVED THAT either of the Cooperatives President Will iam FitzGerald or its General Manager Tim Gregori may execute on the Company s behalf any notices petitions schedules disclosures applications statements plans or other documents reasonably necessary or appropriate in connection with the Cooperative s Chapter 11 reorganization proceeding

I the underSigned the duly elected Secretary ofSoIItltem MOlltana Electric Generatioll and Trail mission Cooperative Inc a Montana cooperative corporation hereby certifY that the f oregoing Resolutions were adopted by majority vote ofallhose Trustees in attendance at an October 21 2011 meeting ofthe Board ofTrustees at which a quorum of the Trustees were in allendance- and that such Resolutions remain in full jorce and effect and have not since such meeting been modified rescinded or superceded

e Dlrkson Secretary


UNITED STATES BANKRUPTCY COURT District ofMontalla

In re Southern Montana Electric Generation and Transmission Cooperative Inc Case No _ _____

Debtor Chapter 11

LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS

Following is the list of the debtors creditors holding the 20 largest unsecured claims The list is pr pared in accordance with Fed R Bankr P 1007(d) for filing in this chapter 11 case The list does not include (1) persons who come within the definition of insider set fi rth in 11 USC sect 101 or (2) secured creditors unless th value of the collateral is such that the unsecured deficiency places the creditor among the holders of the 20 largest unsecured laims

(1)

Name ofcreditor and campere mailing address including ip code ofcreditor

(2)

Name telephone number and complete mailing address including ip code of employee agent or department familiar with claim who may be contacted

(3) (4)

Nature ofclaim Indicate if laim (trade debt bank is contingent loan government unliquidated contract tc di pUled or

subject to stoff

(5)

Amollnt ofclaim [ifsecured also slate value of security)

PPL EnergyPlus LLC PPL EnergyPlus LLC 2 North Ni nth Street 2 North Ninth Street Al lentown PA 18 101 Allen town PA 1810 I

National Rural Nationa l Rural Uti lities CFC Uti lities CFC

20701 Cooperative Wa 2070 I Cooperative Way Dulles V A 201 66 Dulles V A 20166

Fi t Jnterstate Bank First Interstate Bank P O Box 50 10 P O Box 5010 Great Falls MT 59403 Great Fall s MT 5940J

EPC Services Inc EPC Services Inc 352 1 abel Road 352 1 Gabel Road Billings MT 59102 Billings MT 59 102

Power Pur hase Disputed $758424328

Line of Credit $3 00000000

Bank Line of Credit $1 85636986

Constmction $ 1858605 92


UNITED STATES BANKRUPTCY COURT District ofMOlltallo

In re Southern Montana Electric Gen ration and Transmission Coop rative Inc Case No ______

Debtor Chapter 11


Following is the list of the debtors creditors holding the 20 largest unsecured claims The list is prepared in accordance with Fed R Bankr P 1007(d) for fili ng in this chapter 11 case The list does not include (1) persons who come within the defini tion of insider set forth in 11 USC sect 101 or (2) secured creditors unless the value of the collateral is such that the unsecured deficiency places the cr ditor am ng the holders of the 20 large t unsecured claims

(1)

Name oj r ditor and omplete mailing address including ip code ojcreditor

(2)

Name telephone number and complete mailing address including ip code oj employee agent or department Jamiliar with claim who may be contacted

(3) (4)

Nature ojcl 1im Indicate if laim (trade debt bank is contingent loan government lin liquidated contract etc) disputed or

subj ect to setoh

(5)

Amount ojclaim [ijsecllred also slate value oj eCllrityj

Bonnevi lle Power Bonnev ille Power Adm in istration Adm in istration

P O Box 362 1 P O Box 362 1 Portland OR 97208 Portland OR 97208

Corva l Group Corval Group 1633 Eustis Street 1633 Eustis Street St Pau I MN 55108 St Paul MN 55 108

Stanley Consultants Stan ley Con ultants 8000 S Chester St 8000 S Chester Sl Centenn ial CO 801 I2 Centenn ia l CO 80112

LS Jensen LS Jensen 4685 Mullen Rd 4685 Mullen Rd Missoula MT 5 808 Missoula MT 59808

Power Purchase $1 16461 075

Construction Disputed $ 870202 3 0

Engin eering $ 9 1718767

Construction $ 68234405


UNITED STATES BANKRUPTCY COURT Disrict ofMonalla

In re Southern Montana Electric Generation and Transmission Cooperative Inc Case No _ ____ _

Debtor Chapter 11


Following is the list of the debtor s creditors holding the 20 largest unsecured claims Th Iist is prepared in accordance with ed R Bankr P 1 007( d) for filing in thi s chapter 11 case The list does not include ( I ) persons who come within the defin ition of insider set forth in 11 C sect 101 or (2) secured creditors unless the value of the collateral is such that the wlsecured deficiency places the creditor among the holders of the 20 largest unsecured claims

(1)

Name ofcreditor and complete mailing address including ip ode ofcreditor

(2)

Name telephone number and complete mailing address including zip code of emplo) ee agent or department f amiliar with claim who may be contacted

(3) (4)

Nature ofclaim Indicate ifclaim (trade debt bank is contingent loan government unliquidated contract et) disputed or

subject to setoff

(5)

Amount ofclaim ifsecured also slale value of security]

The Energy Corp 116 Pine View Loop Bastrop TX 78602

The Energy Corp 126 Pine View oop Bastrop TX 78602


Land Supply Inc P O Box 80746 Bil lings MT 59108

Land Supply Inc P O Box 80746 Bi ll ing MT 5 108


ATCO Structures amp A TCO tructures amp Construction Logistics Ltd Logistics Ltd

5 11 5 Crowchild Trail SW 5 11 5 Crowchil d T ra il SW Calgary AB T3E IT9 Calgary AB T3 1T9 Canada Canada

D isputed $ 171 38270

Edwards Frickle amp Culver

P 0 Box 20039 Bi llings MT 591 08

Edwards Frickle amp Cul ver

P O Box 20039 Bi llings MT 59 108

Legal Services $ 27620735



In re Southem Montana Electric Generation and Transmission Cooperative Inc Case No ______

Debtor Chapter 11


~ ollowing is the list of the debtor s creditors holding the 20 largest unsecured claims The list is prepared in accordance with Fed R Bankr P 1007(d) for filing in thi chapter 11 case The list does not inc1ud (l) persons who come within the defi nition of insider set forth in 11 U C sect 101 or (2) secured creditors unless the value of the col lateral is such that the unsecured deficiency places the creditor among the holders of the 20 largest unsecured claims

(1)

Name of reditor and complete mailing address including zip code ofcr ditor

(2)

Name telephone number and omplete mailing address

including zip code of employee agent or department familiar with claim who may be con faeled

(3) (4)

Nature ofclaim Indicate ifclaim (trade debt bank is contingent loan government unliquidated contract etc) disputed or

su~iect fa setoff

(5)

Amount ofclaim ifseclired also slale value of se urity]

nergy West Energy West Montana Montana

P O Box 2229 P O Box 2229 Great Falls MT 59403 Great Falls MT 59403

E3 Consu lti ng E3 Consulting 3333 S Bancock St 3333 S Bancock St

Suit -00 Suite 500 Enge lwood CO 80 I 10 Engelwood CO 80 I 10

Covington amp Burl ing Cov ington amp Burling 120 I Pennsylvania 1201 Pennsylvan ia Avenue NW Avenue NW

Wash ington DC 20004 Washington DC 20004

Gas purcbases and $ 158377 80 Project related payments

Consult ing Services $ 10277101

Lega l Services $ 5575 284


UNITED STATES BANKRUPTCY COURT District ofMOlltana

Tn re Southern Montana Electric Generation and Transmiss i n Cooperative Inc Case No ______

Debtor Chapter 11


Following is the list of the debtors creditors holding the 20 largest unsecured claims The list is prepared in accordance with Fed R Bankr P 1007(d) fo r fi ling in this chapter 11 case The list does not include (1) persons who come within the definition of insider set forth in 11 USC sect 101 or (2) secured creditors unless the vaJue of the collateral is such that the unsecured deficiency pJaces the creditor among the holders of the 20 largest unsecured claims

(1

Name oJ creditor and complete mailing address including ip ode of creditor

(2)

Nam telephone number and complete mailing address including zip code oJ employee agent or department Jamiliar with claim who may be contacted

(3) (4)

Nature oJclaim Indicate ifclaim (trade debt bank is contingent oan government unliquidated contracl etc) disputed or

subject 10 setoff

(5)

Amount oJ claim [ifsecured also slat value oJ securiry]

GE Packaged GE Packaged Spare parts $ 49 145 00 Power Inc Power lnc

1333 W Loop South 1333 W Loop South I-I uston TX 77027 Houston TX 77027

Grass Man Tractor Grass Man Tractor Construction $ 20378 97 Serv ices Services

5 12 5 I Street S 512 51t Street S Great Falls M 59405 Great Falls MT 59405

Proven Compliance Proven Compliance Consulting Serv ices $ 1560322 Solutions Inc Solutions Inc

200 S Executive Dr 200 S Executive Dr Su ite 10 1 uite 10 1

Brookfield WI 53005 Brookfield WI 53005


UNITED STATES BANKRUPTCY COURT District ofMOlltalla

In re Southern Montana Electric Generation and Transmission Cooperat ive Inc Case No ______ Debtor

Chapter 11


F lowing is the list of the debtors creditors holding the 20 largest unsecured claims The list is prepared in accordance with Fed R Bankr P 1 007( d) for fil ing in this chapter 11 case The list does not include (1) persons who come within the defmition of insider set fo rth in 11 USC sect )0 1 or (2) secured creditors unless the value of the collateral is such that the unsecured deficiency places the credit r among the holders of the 20 largest unsecured claims

(1)

Name ofcreditor and complete mailing address including =ip code ofcreditor

(2)

Name telephone number and complete mailing address ilcluding ip code of employee agent or department f am ilia with claim who may be olllacleJ

(3) (4)

Nature ofclaim Indicate ifclaim (trade deb bank is contingent loan government unliqUidated contract etc) dispw ed or

subj ect 10 setoff

(5)

Amollnt of claim [ifsecured also state valli I of security]

Electrical Consultants Lnc

352 1 Gabel Rd Bi llinos MT 59102

Energy West Resources Inc

P O 80 1526 Gre~t Falls MT 59403

Electrical Consultants Inc

3521 Gabel Rd Bill ings MT 59102


P O Box 1526 Great Falls MT -9403

Engineering $ 1242694

Consul ting Services $ 620000


In re Southern Montana Electric Generation and Transmission Cooperative Inc Case No ---- shy

Debtor Chapter 11

LIST OF CREDITORS HOLDING 20 LARGEST UNSECURED CLAIMS (Continuation Sheet)

DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF A CORPORATION OR PARTNERSHIP

I Timothy Gregori the general manager of the corporation named as the debtor in this case declare under penalty of perjury that I have read the foregoing list and that it is true and correct to the best of my infonnation and belief

Date October 21 2011 Signature s TIMOTHY GREGORI TIMOTHY GREGORI GENERAL MANAGER

Penalty for making afalse statement or concealing property Fine of up to $500 00000 or imprisonment for up to 5 years or both

18 USC sectsect 152 and 3571


0

9 1 (Official Form I) (410) Pane 1 Voluntary Petition So uthern Mont ana El ec t ric G en e ra t i on an d Tran smiss i on (Ths page must be compited and fi~d In evoI case rn n np rrl t iv p T nr npn t nr

All Prior Bankruptcv CaSt Filed Within Let 8 YUIS (If more than twO attach addi uonci sheet) LocQuon Case Number Date Filed I When Filed Location Case Numbe r Date Fil ed Where Filed

Pcndinl Baokruptcv Can Filed bv any 5Pouse PaNner or Affiliate of tbis Debtor tlf more than one attach addillonal sheell Name 01 Debtor

Dlstncl

Exhibit -

(To be completed If debtor IS required to tile periodic reports (e g bull forms 10k and 10Ql with lhe Securilies and Ex hange CommIssion pursuant to Section 13 or I(d) of the Seunues Exchange Act of 1934 and IS requesting rehef under chapter II)

Exhibil A is attached and made a pan oi thiS petltton

Case Number Date Filed

Relationship Judge

Exhibit B (To be compl ~ted ifdebtor IS an indiVidual whose debts are pnmall ly consumer debts)

I the anomey for the petitioner named rn the foregOing pentIon declare that [ have informed the petllloner that [he or shel may proceed under chapter 7 II I~

or 13 oi mle I I United Stll~ Code and have explolOed the re lief avai lable under each such chapter I further certify that I have delivered to the debto r the nouce reqUired by I I US C sect 342(b)

Sill1arure of Attomev fo r Debtors) (Date)

Exhibit C

Does the debtor own or have possession of any pr perty Ihal poses or IS alleged to pose a threat of imm inent nnd Idennfiable harm to public heal th or safety

0 Yes and Exhtb it Cis atlachedand made a pan IJfthis pelitiOn

0 No

E hibilO

(fo be completed by every IOdlvldual debtor Ifa joIOt peti lion is fi led each spouse muslcomplelc and attach a separate Exhlbll D)

0 Exhibit 0 completed and Signed by the debtor IS attached nnd made a pan of thiS petition

[f thiS is a joint petition

0 EltJlIb it D also completed and signed by the joint debtor is attached and made a pan of this pellllon

rnformation Regarding tbe Debtor - Venue (Check nny applicable box)

XJ Debtor has been tiormclled or has had a residence principal place of business ar pnnClpal assetS in this Distnct lor 180 days immediately preceding the date of this pelltlon or for a longer pan of such 180 days than in any other Districl

0 There is a bankruptcy case concemmg debtors affiliate genernl partner or pnrnteTShJp pending 10 this DistriCt

0 Debtor is a debtor 10 a foreign proceeding WId has its principal place of busmess or principal assets in the United States in this Dlstnct or has no pnnclpa place of business or assets in the Un ited Slates but is II defendant in an action or proceeding [in a fedeml or state courtllTllhis District or the interests of the parnes will be served in regard to the reliefsought 10 thIS Distnct

Cutifkation by Debtor Who Resides as a Tenanl of Resideotial Property (Check all JPplicable boxes)

0 ulndlord has a judgment against the debtor for possession of debtors residence (If box checked complete the following)

(Name of landlord that obtaJlled judgment)

(Address oflllrtdlord)

0 Debtor chums Ihnt Wlder applicable nonbankruptcy law there are circumstances under which the debtor would be perm itted to cure the enure monetary default that pve rise to the Judgment for posseSSion after the judgment for possession was entered and

0 Deblor has included with thiS petition Lhe depOSIt WIth the court ofany rent that would become due during the 30-ltlay period after the fil ing of the pClJllOn

0 Debtor certifies thai heshe has served the Landlord WlLh Lhls certlficatloll (II USc sect 362(1))


X

X







Signature of Debtor


(






~] ] 2] 1l~ ~ ~ ~~1~ 9 ]O 3 ] 815 Address



StJlte~ Code










Check only one bo )





Date





Address X

Date










ancillary services




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Debtor Chapter 11



(1)


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(5)














Debtor Chapter 11



(1)


(2)


(3) (4)


subj ect to setoh

(5)














Debtor Chapter 11



(1)


(2)


(3) (4)


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(5)










D isputed $ 171 38270









Debtor Chapter 11



(1)


(2)



(3) (4)


su~iect fa setoff

(5)














Debtor Chapter 11



(1


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(5)












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(1)


(2)


(3) (4)


subj ect 10 setoff

(5)














Debtor Chapter 11








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Address X

Date










ancillary services




e Dlrkson Secretary




Debtor Chapter 11



(1)


(2)


(3) (4)


subject to stoff

(5)














Debtor Chapter 11



(1)


(2)


(3) (4)


subj ect to setoh

(5)














Debtor Chapter 11



(1)


(2)


(3) (4)


subject to setoff

(5)










D isputed $ 171 38270









Debtor Chapter 11



(1)


(2)



(3) (4)


su~iect fa setoff

(5)














Debtor Chapter 11



(1


(2)


(3) (4)


subject 10 setoff

(5)












Chapter 11



(1)


(2)


(3) (4)


subj ect 10 setoff

(5)














Debtor Chapter 11












ancillary services




e Dlrkson Secretary




Debtor Chapter 11



(1)


(2)


(3) (4)


subject to stoff

(5)














Debtor Chapter 11



(1)


(2)


(3) (4)


subj ect to setoh

(5)














Debtor Chapter 11



(1)


(2)


(3) (4)


subject to setoff

(5)










D isputed $ 171 38270









Debtor Chapter 11



(1)


(2)



(3) (4)


su~iect fa setoff

(5)














Debtor Chapter 11



(1


(2)


(3) (4)


subject 10 setoff

(5)












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(1)


(2)


(3) (4)


subj ect 10 setoff

(5)














Debtor Chapter 11










Debtor Chapter 11



(1)


(2)


(3) (4)


subject to stoff

(5)














Debtor Chapter 11



(1)


(2)


(3) (4)


subj ect to setoh

(5)














Debtor Chapter 11



(1)


(2)


(3) (4)


subject to setoff

(5)










D isputed $ 171 38270









Debtor Chapter 11



(1)


(2)



(3) (4)


su~iect fa setoff

(5)














Debtor Chapter 11



(1


(2)


(3) (4)


subject 10 setoff

(5)












Chapter 11



(1)


(2)


(3) (4)


subj ect 10 setoff

(5)














Debtor Chapter 11










Debtor Chapter 11



(1)


(2)


(3) (4)


subj ect to setoh

(5)














Debtor Chapter 11



(1)


(2)


(3) (4)


subject to setoff

(5)










D isputed $ 171 38270









Debtor Chapter 11



(1)


(2)



(3) (4)


su~iect fa setoff

(5)














Debtor Chapter 11



(1


(2)


(3) (4)


subject 10 setoff

(5)












Chapter 11



(1)


(2)


(3) (4)


subj ect 10 setoff

(5)














Debtor Chapter 11










Debtor Chapter 11



(1)


(2)


(3) (4)


subject to setoff

(5)










D isputed $ 171 38270









Debtor Chapter 11



(1)


(2)



(3) (4)


su~iect fa setoff

(5)














Debtor Chapter 11



(1


(2)


(3) (4)


subject 10 setoff

(5)












Chapter 11



(1)


(2)


(3) (4)


subj ect 10 setoff

(5)














Debtor Chapter 11










Debtor Chapter 11



(1)


(2)



(3) (4)


su~iect fa setoff

(5)














Debtor Chapter 11



(1


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(3) (4)


subject 10 setoff

(5)












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subj ect 10 setoff

(5)














Debtor Chapter 11










Debtor Chapter 11



(1


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(5)












Chapter 11



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(3) (4)


subj ect 10 setoff

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Chapter 11



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Debtor Chapter 11









Debtor Chapter 11








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