Case 6:15-bk-14464-MW

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Marc C. Forsythe - State Bar No. 153854

Donald W. Reid State Bar No. 281743
Charity J. Miller State Bar No. 286481
GOE & FORSYTHE, LLP
18101 Von Karman Ave., Ste. 510
Irvine, CA 92612
Email: mforsythe@goeforlaw.com
dreid@goeforlaw.com
cmiller@goeforlaw.com
Telephone: (949) 798-2460
Facsimile: (949) 955-9437
Proposed Attorneys for AVT, Inc.
UNITED STATES BANKRUPTCY COURT
CENTRAL DISTRICT OF CALIFORNIA
RIVERSIDE DIVISION
In re:

Case No. 6:15-bk-14464 MW

AVT, INC., a Nevada corporation,

Chapter 11 Case

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SUPPLEMENTAL DECLARATION OF
WAYNE SALVINO IN SUPPORT OF
DEBTORS EMERGENCY MOTION
FOR ORDER APPROVING:
1. USE OF ALLEGED CASH
COLLATERAL OF EAST WEST
BANK;
2. PAYMENT OF PRE-PETITION
EMPLOYEE BENEFITS;
3. ESTABLISHMENT OF ADEQUATE
ASSURANCE PAYMENTS WITH
RESPECT TO UTILITIES;
4. MAINTAINING PRE-PETITION
BANK ACCOUTNTS FOR 30 DAYS;
5. MAINTAINING OF PRE-PETITION
MERCHANT ACCOUNTS FOR 60
DAYS;
6. PAYMENT OF CERTAIN PREPETITION CRITICAL VENDOR
CLAIMS;
7. LIMITING NOTICE OF CERTAIN
MATTERS REQUIRING NOTICE
PURSUANT TO FRBP 2002 AND
9007; AND
8. EXTENDING THE TIME IN
WHICH TO FILE SCHEDULES,
STATEMENTS AND LISTS
PURSUANT TO FRBP 1007(c).

Debtor and Debtor in Possession.

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Desc

Case 6:15-bk-14464-MW

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Desc

Hearing:
Date: 5/12/2015
Time: 2:00 p.m.
Courtroom: Video Courtroom 225
3420 Twelfth Street
Riverside, CA 92501

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DECLARATION OF WAYNE SALVINO

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I, Wayne Salvino, declare:

1.

I am the President of AVT, Inc. (the Debtor). The following facts are within my

own personal knowledge and if called upon as a witness, I could and would competently testify
thereto.
2.

As the President of the Debtor, I have a working knowledge of the companys

affairs including but not limited to its history, present financial condition, any litigation in which
the company is involved as well as the Debtors major contracts and employees.
3.

On May 6, 2015, executed a declaration in support of the Debtors Emergency

Motion for Order Approving (1) Use of Alleged Cash Collateral of East West Bank (2) Payment of
Pre-Petition Employee Benefits (3) Establishment of Adequate Assurance Payments with Respect

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to Utilities (4) Maintaining Pre-Petition Bank Accounts for Thirty (30) Days (5) Maintaining Pre16
Petition Merchant Accounts for Sixty (60) Days (7) Limiting Notice of Certain Matters Requiring
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Notice Pursuant to FRBP 2002 and 9007 (8) Extending the Time in Which to File Schedules,
Statements and Lists Pursuant to FRBP 1007(c) (Motion) (First Declaration).
4.

All of the facts stated in my First Declaration are within my own personal

knowledge and if called upon as a witness, I could and would competently testify to thereto.
5.

In the Motion, the Debtor seeks an order establishing adequate assurance payments

with respect to utilities. Two of the utility companies identified in that request, Verizon and Sprint,
do provide utility services to customers but the broadband services they provide to Debtor may not
qualify utility services. Therefore, Debtor supplements its requests and asks that the court continue

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the hearing on Debtors request for order establishing adequate assurance payments to allow

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Debtors proposed counsel time to review Debtors contracts with Verizon and Sprint.

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6.

I have reviewed the Objection to the Motion filed by the United States Trustee.

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May 12 2015

10:50 HP

FaxADD2NET, INC.

Case 6:15-bk-14464-MW

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7.

To the best of my knowledge and information, Vend Lease Company Inc. is

not

Likewise, PM Factors, Inc. is not owed money from the Debtor nor does it have an
interest in the cash collateral.

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With respect to the liens disclosed in Exhibit A thereto, Crane Merchandising is an

ongoing trade
partner of AVT's and any secured debt owed to this entity was paid off as of the
petition date.
Crane Merchandising may have been owed an unsecured debt in the
approximate amount of
$150.00.

8.

I declare

under penalty of perjury under the laws of the United States of America that the

foregoing is true and correct. Executed at

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owed money by Debtor nor does it have an interest in the cash collateral.

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page

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(714)701-0848

Dated: May 12th, 2015

C-CIr D n a-

California.

Case 6:15-bk-14464-MW

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I am over the age of 18 and not a party to this bankruptcy case or adversary proceeding. My business
address is: 18101 Von Karman Avenue, Suite 510, Irvine, CA 92612
A true and correct copy of the foregoing document entitled (specify): SUPPLEMENTAL DECLARATION IN
SUPPORT OF DEBTORS EMERGENCY MOTION FOR ORDER APPROVING: 1. USE OF ALLEGED
CASH COLLATERAL OF CALIFORNIA BANK & TRUST ON AN INTERIM AND FINAL BASIS; 2
PAYMENT OF PRE-PETITION PAYROLL; 3. ESTABLISHMENT OF ADEQUATE ASSURANCE
PAYMENTS WITH RESPECT TO UTILITIES; 4. MAINTAINING OF PRE-PETITION BANK ACCOUNTS
FOR 30 DAYS; 5. MAINTAINING OF PRE-PETITION MERCHANT ACCOUNTS FOR 30 DAYS; AND 6.
EXTENDING THE TIME IN WHICH TO FILE SCHEDULES, STATEMENTS AND LISTS PURSUANT TO
FRBP 1007(c) will be served or was served (a) on the judge in chambers in the form and manner required
by LBR 5005-2(d); and (b) in the manner stated below:
1. TO BE SERVED BY THE COURT VIA NOTICE OF ELECTRONIC FILING (NEF): Pursuant to
controlling General Orders and LBR, the foregoing document will be served by the court via NEF and
hyperlink to the document. On (date) May 12, 2015, I checked the CM/ECF docket for this bankruptcy case
or adversary proceeding and determined that the following persons are on the Electronic Mail Notice List to
receive NEF transmission at the email addresses stated below:
Gregory G Brown mhiguchi@bc-llp.com
Marc C Forsythe kmurphy@goeforlaw.com, mforsythe@goeforlaw.com
Everett L Green everett.l.green@usdoj.gov
Paul R Rosenbaum paul@prrlawyers.com
Nathan F Smith (Attorney for East West Bank) nathan@mclaw.org, epowers@mclaw.org
United States Trustee (RS) ustpregion16.rs.ecf@usdoj.gov
Service information continued on attached page

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Desc

PROOF OF SERVICE OF DOCUMENT

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2. SERVED BY UNITED STATES MAIL:

On (date) May 12, 2015, I served the following persons and/or entities at the last known addresses in this
bankruptcy case or adversary proceeding by placing a true and correct copy thereof in a sealed envelope in
the United States mail, first class, postage prepaid, and addressed as follows: Listing the judge here
constitutes a declaration that mailing to the judge will be completed no later than 24 hours after the
document is filed.

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Service information continued on attached page

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3. SERVED BY PERSONAL DELIVERY, OVERNIGHT MAIL, FACSIMILE TRANSMISSION OR EMAIL:

(state the method for each person or entity served): Pursuant to F.R.Civ.P. 5 and/or controlling LBR, on
(date) May 12, 2015, I served the following persons and/or entities by personal delivery, overnight mail
service, or (for those who consented in writing to such service method), by facsimile transmission and/or
email as follows: Listing the judge here constitutes a declaration that personal delivery on, or overnight mail
to, the judge will be completed no later than 24 hours after the document is filed.

The Honorable Mark Wallace, USBC, 411 West Fourth Street, Santa Ana, CA 92701
Paul L. Branks Paul.Branks@eastwestbank.com

Service information continued on attached page

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I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.
May 12, 2015
Date

Charity J. Miller
Printed Name

/s/Charity J. Miller
Signature

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