Sample Petition and
Related Filing Documents

This sample Voluntary Petition for Chapter 11 relief was used to commence the Unison HealthCare Corporation bankruptcy (involving a parent company and thirty-two subsidiaries and affiliates), a large bankruptcy of a nursing home provider filed in May 1998. The form of the Voluntary Petition is uniform throughout all jurisdictions, as it is dictated by Official Form 1 of the Bankruptcy Rules. The Petition is always accompanied by an Exhibit "A," which sets forth basic information (in a summary form) regarding the debtor's assets and liabilities and capital structure, as well as a description of the debtor's business. In the corporate context, the Voluntary Petition must also be accompanied by a resolution of the corporation's board authorizing the filing of the Voluntary Petition. Usually, the Voluntary Petition is also accompanied by a list of the twenty creditors with the largest amount of unsecured debt—usually called the "Top 20 List." A complete sample set of these materials is included in this Appendix . The list of facilities for this debtor is short because the Voluntary Petition for Unison HealthCare was accompanied by separate Voluntary Petitions for all of Unison's subsidiaries and affiliates, most of which owned and operated dozens of nursing homes throughout the country.

All of the information in this Appendix is a matter of public record on file with the U.S. Bankruptcy Court, so no confidences or privileges are breached by this publication.

Sample Petition and Related Filing Documents

Executive Guide to Corporate Bankruptcy

Sample Petition and Related Filing Documents

LIST OF FACILITIES

1. Home Office Unison Healthcare Corporation 8800 North Gainey Center Dr. #245 Scottsdale, AZ 85258

2. Bonner Health Center 520 East Morse Ave. Bonner Springs, KS 66012

3. Hillside Care Center (closed) 510 East Morse Ave. Bonner Springs, KS 66012

Executive Guide to Corporate Bankruptcy

Sample Petition and Related Filing Documents

Executive Guide to Corporate Bankruptcy

EXHIBIT "1"

CONSENT TO RESOLUTIONS CONSIDERED AT THE

MEETING OF THE DIRECTORS OF

UNISON HEALTHCARE CORPORATION

The undersigned are all of the members of the Board of Directors of Unison Healthcare Corporation, a Delaware corporation (the "Corporation"). The undersigned consent to and approve of the actions set forth in the following resolutions. The undersigned waive notice of the meeting to consider the matters incorporated in the resolutions.

WHEREAS, the Board of Directors of the Corporation (the "Board") has determined that it is in the best interests of the Corporation to file a voluntary petition in the United States Bankruptcy Court pursuant to Chapter 11 of Title 11 of the United States Code;

NOW, THEREFORE, BE IT RESOLVED, that the President, any Vice President, Secretary and Assistant Secretary of the Corporation (the "Authorized Officers"), and any member of the law firm of Squire, Sanders & Dempsey L.L.P. are hereby authorized and directed to execute and deliver all documents necessary to effect the filing of a Chapter 11 voluntary bankruptcy case on behalf of the Corporation;

RESOLVED FURTHER, that the Authorized Officers are hereby authorized and directed to appear in all bankruptcy proceedings on behalf of the Corporation, and to otherwise do and perform all acts and deeds and to execute and deliver all necessary documents on behalf of the Corporation in connection with such bankruptcy case;

RESOLVED FURTHER, that the Authorized Officers are hereby authorized and directed to employ the law firm of Squire, Sanders & Dempsey L.L.P. and its members and associates to represent the Corporation in such bankruptcy case;

RESOLVED FURTHER, that the officers of the Corporation, or any of them, and other persons appointed to act on the Corporation's behalf in connection with the bankruptcy filing are hereby authorized and empowered by and on behalf of the Corporation and in its name, to execute and deliver all applications, certificates, agreements or any other

Sample Petition and Related Filing Documents

instruments or documents or any amendments or supplements thereto and to do and to cause any and all other acts and things as they or any of them may deem necessary or appropriate to effectuate the purpose of the foregoing resolutions and the execution by such officer or officers of such documents shall conclusively establish their authority therefore from the Corporation and the approval and ratification by the Corporation of such documents so executed and the actions so taken;

RESOLVED FURTHER, that any such action taken prior to the effective date of this Consent by the officers of the Corporation, or any of them, and other persons appointed to act on the Corporation's behalf in connection with the foregoing resolutions, hereby are ratified, confirmed and approved by the Corporation; and

RESOLVED FURTHER, that this Consent, when executed by the proper signatories hereto, shall be effective as of _____________ ___, 1998.

* * * * * * * *

SPECIAL COMMITTEE OF THE

BOARD OF DIRECTORS

/s/ Michael A. Jeffries Michael A. Jeffries

/s/ John Casey John Casey

/s/ John Lynch John Lynch

/s/ Mark White

Mark White

/s/ Tyrell Garth

Tyrell Garth

Executive Guide to Corporate Bankruptcy

Sample Petition and Related Filing Documents

Executive Guide to Corporate Bankruptcy

UNITED STATES BANKRUPTCY COURT

District of Arizona

In re: Unison Healthcare Corporation Case No. ___________ Chapter 11

VERIFICATION OF CREDITOR

MATRIX

The above named debtor does hereby certify under penalty of perjury that the attached Master Mailing List of creditors, consisting of ___ sheet(s) is complete, correct and consistent with the debtor's schedules pursuant to Local Bankruptcy Rules and I assume all responsibility for errors and omissions.