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UNITED STATES BANKRUPTCY COURT

EASTERN DISTRICT OF VIRGINIA 

(Richmond Division)

____________________________________

)

In re )

)

VIREOL BIO ENERGY, LLC, )

) Case No. 15-35970-KLP

Involuntary Debtor. )

)

____________________________________)

ANSWER, CONSENT TO ENTRY OF ORDER FOR RELIEF, AND

MOTION TO CONVERT CASE TO CHAPTER 11 PURSUANT TO 11 U.S.C. § 706

Vireol Bio Energy, LLC (“VBE”), by counsel and pursuant to 11 U.S.C. 706(a), files this 

answer to the involuntary petition filed herein, consents to an entry of an order for relief, and

moves to convert this case to a proceeding under Chapter 11 of the Bankruptcy Code. VBE 

states the following in support thereof:

Answer

1. VBE admits that the petitioning creditors each hold claims against it that are not 

contingent as to liability or the subject of a bona fide dispute as to liability or amount, and that 

such non-contingent, undisputed claims aggregate at least $15,325.00 more than the value of any 

lien on property of VBE securing such claims.

2. VBE admits that it is generally not paying its debts as they become due.

Consent to Entry of Order for Relief

3. Based upon the acknowledgments made hereinabove, VBE hereby consents to the 

entry of an order for relief.

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Motion to Convert to Chapter 11

4. This case has not been previously converted from any other Chapter under 

the Bankruptcy Code.

5. Pursuant to 11 U.S.C. 706(a), a debtor may convert a case under Chapter 7 to a 

case under chapters 11, 12 or 13 of Title 11 of the Bankruptcy Code.

6. VBE qualifies to be a debtor under Chapter 11 of the Bankruptcy Code.

7. Based on the above, VBE hereby requests that upon entry of an order for relief in 

this proceeding, that this Court thereafter immediately convert this case to a proceeding under 

Chapter 11 of the Bankruptcy Code.

WHEREFORE, VBE i) acknowledges that grounds exist for the entry of an order for

relief herein, ii) expressly consents to the entry of an order for relief in this proceeding, iii) 

moves this Court to immediately convert this case to a proceeding under Chapter 11 of the

Bankruptcy Code, and iv) asks for such other and further relief as this Court may deem just.

VIREOL BIO ENERGY, LLC

 

By: ____/s/ Kevin J. Funk______________

Counsel

Bruce E. Arkema (VSB No. 18625)

barkema@DurretteCrump.com

Kevin J. Funk (VSB No. 65465)

kfunk@DurretteCrump.com

DurretteCrump PLC

Bank of America Center

1111 East Main Street, 16th Floor

Richmond, Virginia 23219

Telephone: (804) 775-6900

Facsimile: (804) 775-6911

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CERTIFICATE OF SERVICE

I hereby certify that on December 4, 2015, a true and correct copy of the foregoing 

documents was served, via electronic means on the following:

Troy Savenko

Kaplan Voekler Cunningham & Frank, PLC

1401 East Cary Street

Richmond, VA 23219

 Counsel for Petitioning Creditor

Andrea Sullivan Gould

416 West Franklin Street

Richmond, VA 23220

 Counsel for Petitioning Creditor

Neil S. Talegaonkar

Thompson McMullan

100 Shockoe Slip, Third Floor

Richmond, VA 23219

 Counsel for Petitioning Creditor

W. Alexander Burnett

Williams Mullen

200 South 10th Street, 16th Floor

Richmond, VA 23219

 Counsel for Petitioning Creditor

Robert B. Van Arsdale

Office of the United States Trustee

701 East Broad Street

Richmond, Virginia 23219

_____/s/ Kevin J/ Funk_____________

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