Exhibit 10.82



 Exhibit 10.82 
 UNITED STATES BANKRUPTCY COURT 
 NORTHERN DISTRICT OF GEORGIA

 ATLANTA DIVISION 
  

					
	In re:	 	:	  	Case No. 09-90332-MHM
		 	:	  	
	BUCKHEAD OVERLOOK, LLC,	 	:	  	Chapter 7
		 	:	  	
	 Debtor.
	 	:	  	
	 	 	:	  	

 DEBTOR’S STATEMENT OF FINANCIAL AFFAIRS AND SCHEDULES 
 Buckhead Overlook, LLC, “Debtor” herein, hereby files its mends its STATEMENT OF FINANCIAL AFFAIRS AND SCHEDULES. 
  

			
	Prepared and submitted by:
PAUL REECE MARR, P.C.
Debtor’s counsel
		
	By:	 	/s/ Paul Reece Marr
		 	Paul Reece Marr
		 	GA Bar #471230

 Suite 960 
 300 Galleria Parkway, N.W. 
 Atlanta, GA 30339

 770/984-2255 
  

 –1– 








 B7 (Official Form 7) (12/07) 
 United States Bankruptcy Court 
 Northern District of
Georgia, Atlanta Division 
  

							
	In re	  	Buckhead Overlook, LLC	  	Case No.  	  	09-90332-MHM
		  	Debtor(s)	  	Chapter	  	7

 STATEMENT OF FINANCIAL AFFAIRS

 This statement is to be completed by every debtor. Spouses filing a joint petition may file a single statement on which
the information for both spouses is combined. If the case is filed under chapter 12 or chapter 13, a married debtor must furnish information for both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint
petition is not filed. An individual debtor engaged in business as a sole proprietor, partner, family farmer, or self-employed professional, should provide the information requested on this statement concerning all such activities as well as the
individual’s personal affairs. To indicate payments, transfers and the like to minor children, state the child’s initials and the name and address of the child’s parent or guardian, such as “A.B., a minor child, by John Doe,
guardian.” Do not disclose the child’s name. See, 11 U.S.C. § 112; Fed. R. Bankr. P. 1007(m). 
 Questions 1 - 18
are to be completed by all debtors. Debtors that are or have been in business, as defined below, also must complete Questions 19 - 25. If the answer to an applicable question is “None,” mark the box labeled “None.” If
additional space is needed for the answer to any question, use and attach a separate sheet properly identified with the case name, case number (if known), and the number of the question. 
 DEFINITIONS 
 “In business” A debtor
is “in business” for the purpose of this form if the debtor is a corporation or partnership. An individual debtor is “in business” for the purpose of this form if the debtor is or has been, within six years immediately preceding
the filing of this bankruptcy case, any of the following: an officer, director, managing executive, or owner of 5 percent or more of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership; a sole
proprietor or self-employed full-time or part-time. An individual debtor also may be “in business for the purpose of this form if the debtor engages in a trade, business, or other activity, other than as an employee, to supplement income from
the debtor’s primary employment. 
 “Insider” The term “insider” includes but is not limited to:
relatives of the debtor; general partners of the debtor and their relatives; corporations of which the debtor is an officer, director, or person in control; officers, directors, and any owner of 5 percent or more of the voting or equity securities
of a corporate debtor and their relatives; affiliates of the debtor and insiders of such affiliates; any managing agent of the debtor. 11 U.S.C. § 101. 
  
  
  

			
		  	1. Income from employment or operation of business
		
	 None
    n
	  	State the gross amount of income the debtor has received from employment, trade, or profession, or from operation of the debtor’s business including part-time activities
either as an employee or in independent trade or business, from the beginning of this calendar war to the date this case was commenced. State also the gross amounts received during the two years immediately preceding this calendar year
(A debtor that maintains, or has maintained, financial records on the basis of a fiscal rather than a calendar year may report fiscal year income. Identify the beginning and ending dates of the debtor’s fiscal year.) If a joint petition is
filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income of both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

		
		  	 AMOUNT                                       
 SOURCE

		
		  	2. Income other than from employment or operation of business
		
	 None
    n
	  	State the amount of income received by the debtor other than from employment, trade, profession, or operation of the debtor’s business during the two years
immediately preceding the commencement of this case. Give particulars. If a joint petition is filed, state income for each spouse separately. (Married debtors filing under chapter 12 or chapter 13 must state income for each spouse whether or not
a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)
		
		  	 AMOUNT                                       
 SOURCE


  

  

			
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		  	3. Payments to creditors
		
	 None
    n
	  	Complete a. or b., as appropriate, and c.
		  	a. Individual or joint debtor(s) with primarily consumer debts. List all payments on loans, installment purchases of goods or services, and other debts to any
creditor made within 90 days immediately preceding the commencement of this case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $600. Indicate with an (*) any payments that were made
to a creditor on account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and creditor counseling agency. (Married debtors filing under chapter 12 or chapter 13 must
include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)


									
				
	 NAME AND ADDRESS
OF CREDITOR
	  	 DATES OF
PAYMENTS
	  	 AMOUNT PAID
	  	 AMOUNT STILL
OWING



 

									
	 None
    n
	  	b. Debtor whose debts are not primarily consumer debts: List each payment or other transfer to any creditor made within 90 days immediately preceding
the commencement of the case unless the aggregate value of all property that constitutes or is affected by such transfer is less than $5,475. If the debtor is an individual, indicate with an asterisk (*) any payments that were made to a creditor on
account of a domestic support obligation or as part of an alternative repayment schedule under a plan by an approved nonprofit budgeting and creditor counseling agency. (Married debtors filing under chapter 12 or chapter 13 must include payments by
either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

  

									
				
	 NAME AND ADDRESS
OF CREDITOR
	  	DATES OF
PAYMENTS/
TRANSFERS	  	AMOUNT
PAID OR
VALUE OF
TRANSFERS	  	AMOUNT STILL
OWING

  

							
	 None
    n
	  	c. All debtors: List all payments made within one year immediately preceding the commencement of this case to or for the benefit of creditors who are or
were insiders. (Married debtors filing under chapter 12 or chapter 13 must include payments by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not
filed.)

  

							
	 NAME AND ADDRESS OF CREDITOR AND
RELATIONSHIP TO DEBTOR
	  	DATE OF PAYMENT	  	AMOUNT PAID	  	AMOUNT STILL
OWING

  

			
	 	  	4. Suits and administrative proceedings, executions, garnishments and attachments
		
	 None 
    n
	  	a. List all suits and administrative proceedings to which the debtor is or was a party within one year immediately preceding the filing of this bankruptcy case. (Married
debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

  

							
	 CAPTION OF SUIT
AND CASE NUMBER
	  	NATURE OF PROCEEDING	  	COURT OR AGENCY
AND LOCATION	  	STATUS OR
DISPOSITION

  

			
	 None
    n
	  	b. Describe all property that has been attached, garnished or seized under any legal or equitable process within one year immediately preceding the commencement of this
case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not
filed.)

  

					
	 NAME AND ADDRESS OF PERSON FOR WHOSE
BENEFIT PROPERTY WAS SEIZED
	  	DATE OF SEIZURE	  	DESCRIPTION AND VALUE OF
PROPERTY

  

			
		 	5. Repossessions, foreclosures and returns
		
	 None
    n
	 	List all property that has been repossessed by a creditor, sold at a foreclosure sale, transferred through a deed in lieu of foreclosure or returned to the seller, within one
year immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the
spouses are separated and a joint petition is not filed.)
		 	

  

					
	 NAME AND ADDRESS OF
CREDITOR OR SELLER
	  	DATE OF REPOSSESSION,
FORECLOSURE SALE,
TRANSFER OR RETURN	  	DESCRIPTION AND VALUE OF
PROPERTY

  

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	 	  	6. Assignments and receiverships
		
	 None
    n
	  	a. Describe any assignment of property for the benefit of creditors made within 120 days immediately preceding the commencement of this case. (Married debtors
filing under chapter 12 or chapter 13 must include any assignment by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

  

							
	 NAME AND ADDRESS OF ASSIGNEE
	  	DATE OF
ASSIGNMENT	  	TERMS OF ASSIGNMENT OR SETTLEMENT

  

			
	 None
    n
	  	b. List all property which has been in the hands of a custodian, receiver, or court-appointed official within one year immediately preceding the commencement of this case.
(Married debtors filing under chapter 12 or chapter 13 must include information concerning property of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is
not

  

							
	 NAME AND ADDRESS
OF CUSTODIAN
	  	NAME AND LOCATION
OF COURT
CASE TITLE & NUMBER	  	DATE OF
ORDER	  	DESCRIPTION AND VALUE OF
PROPERTY

  

			
		  	7. Gifts
		
	 None
    n
	  	List all gifts or charitable contributions made within one year immediately preceding the commencement of this case except ordinary and usual gifts to family members
aggregating less than $200 in value per individual family member and charitable contributions aggregating less than $100 per recipient. (Married debtors filing under chapter 12 or chapter 13 must include gifts or contributions by either or both
spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

  

									
	 NAME AND ADDRESS OF
PERSON OR ORGANIZATION
	  	RELATIONSHIP TO
DEBTOR, IF ANY	  	DATE OF GIFT	  	DESCRIPTION AND
VALUE OF GIFT

  

			
		  	8. Losses
		
	 None
    n
	  	List all losses from fire, theft, other casualty or gambling within one year immediately preceding the commencement of this case or since the commencement of this
case. (Married debtors filing under chapter 12 or chapter 13 must include losses by either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

  

					
	 DESCRIPTION AND VALUE
OF PROPERTY
	  	DESCRIPTION OF CIRCUMSTANCES AND, IF
LOSS WAS COVERED IN WHOLE OR IN PART
BY INSURANCE, GIVE PARTICULARS	  	DATE OF LOSS

  

							
	 	  	9. Payments related to debt counseling or bankruptcy
		
	 None 
     ̈
	  	List all payments made or property transferred by or on behalf of the debtor to any persons, including attorneys, for consultation concerning debt consolidation,
relief under the bankruptcy law or preparation of the petition in bankruptcy within one year immediately preceding the commencement of this case.

  

							
			
	 NAME AND ADDRESS
OF PAYEE
	  	 DATE OF PAYMENT,
NAME OF PAYOR IF OTHER
THAN DEBTOR
	  	 AMOUNT OF MONEY
OR DESCRIPTION AND VALUE
OF PROPERTY

	Paul Reece Marr, P.C.
Suite 960
300 Galleria Parkway
Atlanta, GA 30339	  	11/09/2009 Comstock Homes of Atlanta, LLC	  	$3,000.00 attorney fee + $299.00 filing fee

  

			
	 	  	10. Other transfers
		
	 None
    n
	  	a. List all other property, other than property transferred in the ordinary course of the business or financial affairs of the debtor, transferred either absolutely or as
security within two years immediately preceding the commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include transfers by either or both spouses whether or not a joint petition is filed, unless the
spouses are separated and a joint petition is not filed.)

  

					
	 NAME AND ADDRESS OF TRANSFEREE,
RELATIONSHIP TO DEBTOR
	  	DATE	  	DESCRIBE PROPERTY TRANSFERRED
AND VALUE RECEIVED

  

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	 None
    n
	  	b. List all property transferred by the debtor within ten years immediately preceding the commencement of this case to a self-settled trust or similar device of which the
debtor is a beneficiary.

  

					
	 NAME OF TRUST OR OTHER
DEVICE
	  	DATE(S) OF
TRANSFER(S)	  	AMOUNT OF MONEY OR DESCRIPTION AND
VALUE OF PROPERTY OR DEBTOR’S INTEREST
IN PROPERTY

  

			
	 	  	11. Closed financial accounts
		
	 None 
    n
	  	List all financial accounts and instruments held in the name of the debtor or for the benefit of the debtor which were closed, sold, or otherwise transferred within one
year immediately preceding the commencement of this case. Include checking, savings, or other financial accounts, certificates of deposit, or other instruments; shares and share accounts held in banks, credit unions, pension funds,
cooperatives, associations, brokerage houses and other financial institutions. (Married debtors filing under chapter 12 or chapter 13 must include information concerning accounts or instruments held by or for either or both spouses whether or not a
joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

  

					
	 NAME AND ADDRESS OF INSTITUTION
	  	TYPE OF ACCOUNT, LAST FOUR
DIGITS OF ACCOUNT
NUMBER,
AND AMOUNT OF FINAL BALANCE	  	AMOUNT AND DATE OF SALE
OR CLOSING

  

			
	 	  	12. Safe deposit boxes
		
	 None
    n
	  	List each safe deposit or other box or depository in which the debtor has or had securities, cash, or other valuables within one year immediately preceding the
commencement of this case. (Married debtors filing under chapter 12 or chapter 13 must include boxes or depositories of either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not
filed.)

  

							
	 NAME AND ADDRESS OF BANK
OR OTHER
DEPOSITORY
	  	NAMES AND ADDRESSES
OF THOSE WITH ACCESS
TO BOX OR DEPOSITORY	  	DESCRIPTION
OF CONTENTS	  	DATE OF TRANSFER OR
SURRENDER, IF ANY

  

							
	 	  	13. Setoffs
		
	 None
    n
	  	List all setoffs made by any creditor, including a bank, against a debt or deposit of the debtor within 90 days preceding the commencement of this case. (Married
debtors filing under chapter 12 or chapter 13 must include information concerning either or both spouses whether or not a joint petition is filed, unless the spouses are separated and a joint petition is not filed.)

  

					
	 NAME AND ADDRESS OF CREDITOR
	  	DATE OF SETOFF	  	AMOUNT OF SETOFF

  

			
	 	  	14. Property held for another person
		
	 None
    n
	  	List all property owned by another person that the debtor holds or controls.

  

					
	 NAME AND ADDRESS OF OWNER
	  	DESCRIPTION AND VALUE OF PROPERTY	  	LOCATION OF PROPERTY

  

			
	 	  	15. Prior address of debtor
		
	 None
     ̈
	  	If the debtor has moved within three years immediately preceding the commencement of this case, list all premises which the debtor occupied during that period and vacated
prior to the commencement of this case. If a joint petition is filed, report also any separate address of either spouse.

  

					
	 ADDRESS
	  	 NAME USED
	  	 DATES OF OCCUPANCY

	5400 Laurel Springs Pkwy, Suite 201, Suwanee, GA 30024	  	Buckhead Overlook, LLC	  	01/01/2006 - 09/30/2008
			
	405 Wakefiled Bluff Court, Alpharetta, GA 30004	  	Buckhead Overlook, LLC	  	10/01/2008 - 04/15/2009

  

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	 	  	16. Spouses and Former Spouses
		
	 None
    n
	  	If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New Mexico, Puerto
Rico, Texas, Washington, or Wisconsin) within eight years immediately preceding the commencement of the case, identify the name of the debtor’s spouse and of any former spouse who resides or resided with the debtor in the community
property state.
		
	 NAME
	  	 
		
	 	  	17. Environmental Information.
		
		  	For the purpose of this question, the following definitions apply:
		
		  	“Environmental Law” means any federal, state, or local statute or regulation regulating pollution, contamination, releases of hazardous or toxic substances, wastes or
material into the air, land, soil, surface water, groundwater, or other medium, including, but not limited to, statutes or regulations regulating the cleanup of these substances, wastes, or material.
		
		  	 “Site” means any location, facility, or property as defined under any Environmental Law, whether or not presently or formerly owned or
operated by the debtor, including, but not limited to, disposal sites.

		
		  	 “Hazardous Material” means anything defined as a hazardous waste, hazardous substance, toxic substance, hazardous material, pollutant, or
contaminant or similar term under an Environmental Law

		
	 None
    n
	  	a. List the name and address of every site for which the debtor has received notice in writing by a governmental unit that it may be liable or potentially liable under or in
violation of an Environmental Law. Indicate the governmental unit, the date of the notice, and, if known, the Environmental Law:

  

							
	 SITE NAME AND ADDRESS
	  	NAME AND ADDRESS OF
GOVERNMENTAL UNIT	  	DATE OF
NOTICE	  	ENVIRONMENTAL
LAW

  

			
	 None
    n
	  	b. List the name and address of every site for which the debtor provided notice to a governmental unit of a release of Hazardous Material. Indicate the governmental unit to which
the notice was sent and the date of the notice.

  

							
	 SITE NAME AND ADDRESS
	  	NAME AND ADDRESS OF
GOVERNMENTAL UNIT	  	DATE OF
NOTICE	  	ENVIRONMENTAL
LAW

  

			
		
	 None
    n
	  	c. List all judicial or administrative proceedings, including settlements or orders, under any Environmental Law with respect to which the debtor is or was a party. Indicate the
name and address of the governmental unit that is or was a party to the proceeding, and the docket number.

  

					
	 NAME AND ADDRESS OF
GOVERNMENTAL UNIT
	  	DOCKET NUMBER	  	STATUS OR DISPOSITION

  

			
	 	  	18. Nature, location and name of business
		
	 None
    n
	  	a. If the debtor is an individual, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses
in which the debtor was an officer, director, partner, or managing executive of a corporation, partner in a partnership, sole proprietor, or was self-employed in a trade, profession, or other activity either full- or part-time within six
years immediately preceding the commencement of this case, or in which the debtor owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case.
		
		  	If the debtor is a partnership, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in
which the debtor was a partner or owned 5 percent or more of the voting or equity securities, within six years immediately preceding the commencement of this case.
		
		  	If the debtor is a corporation, list the names, addresses, taxpayer identification numbers, nature of the businesses, and beginning and ending dates of all businesses in
which the debtor was a partner or owned 5 percent or more of the voting or equity securities within six years immediately preceding the commencement of this case.

  

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	 NAME
	  	LAST FOUR DIGITS OF
SOCIAL-SECURITY OR
OTHER INDIVIDUAL
TAXPAYER-I.D.
NO.
(ITIN)/COMPLETE EIN	  	ADDRESS	  	NATURE OF BUSINESS	  	BEGINNING AND
ENDING DATES

  

			
	 None 
    n
	  	b. Identify any business listed in response to subdivision a., above, that is “single asset real estate” as defined in 11 U.S.C. §101.

  

			
	 NAME
	 	 ADDRESS


 The following questions are to be completed by every debtor that is a corporation or partnership and by any individual debtor who is or has been, within six years immediately preceding the
commencement of this case, any of the following: an officer, director, managing executive, or owner of more than 5 percent of the voting or equity securities of a corporation; a partner, other than a limited partner, of a partnership, a sole
proprietor or self-employed in a trade, profession, or other activity, either full- or part-time. 
 (An individual or joint
debtor should complete this portion of the statement only if the debtor is or has been in business, as defined above, within six years immediately preceding the commencement of this case. A debtor who has not been in business
within those six years should go directly to the signature page.) 
  

			
		  	19. Books, records and financial statements
		
	 None
     ̈
	  	a. List all bookkeepers and accountants who within two years immediately preceding the filing of this bankruptcy case kept or supervised the keeping of books of
account and records of the debtor.

  

			
	 NAME AND ADDRESS
	  	DATES SERVICES RENDERED
	 Jeff Dauer
 11465
Sunset Hills Rd.
 5th Floor
 Reston, VA 20190
	  	

  

			
	 None
     ̈
	  	b. List all firms or individuals who within the two years immediately preceding the filing of this bankruptcy case have audited the books of account and records, or
prepared a financial statement of the debtor.

  

					
	 NAME
	  	 ADDRESS
	  	DATES SERVICES RENDERED
	PriceWaterhouse Coopers, LLC	  	 Attn: Chris Dietrick
 1800 Tysons Blvd.
 Mc Lean, VA 22102
	  	

  

			
	 None
     ̈
	  	c. List all firms or individuals who at the time of the commencement of this case were in possession of the books of account and records of the debtor. If any of the books of
account and records are not available, explain.

  

					
	 NAME
	  	 ADDRESS

	Jeff Dauer	  	 11465 Sunset Hills Rd.
 5th Floor
 Reston, VA 20190


  

			
	 None
    n
	  	d. List all financial institutions, creditors and other parties, including mercantile and trade agencies, to whom a financial statement was issued by the debtor within two
years immediately preceding the commencement of this case.

  

			
	 NAME AND ADDRESS
	 	 DATE ISSUED


  

			
		  	20. Inventories
		
	 None
    n
	  	a. List the dates of the last two inventories taken of your property, the name of the person who supervised the taking of each inventory, and the dollar amount and basis of each
inventory.

  

					
	DATE OF INVENTORY	  	INVENTORY SUPERVISOR	  	DOLLAR AMOUNT OF INVENTORY
(Specify cost, market or other basis)

  

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	 None
    n
	  	b. List the name and address of the person having possession of the records of each of the two inventories reported in a., above.

  

			
	DATE OF INVENTORY	  	NAME AND ADDRESSES OF CUSTODIAN OF INVENTORY
RECORDS

  

			
		  	21. Current Partners, Officers, Directors and Shareholders
		
	 None
    n
	  	a. If the debtor is a partnership, list the nature and percentage of partnership interest of each member of the partnership.

  

					
	NAME AND ADDRESS	  	NATURE OF INTEREST	  	PERCENTAGE OF INTEREST

  

			
	 None
     ̈
	  	b. If the debtor is a corporation, list all officers and directors of the corporation, and each stockholder who directly or indirectly owns, controls, or holds 5 percent or more
of the voting or equity securities of the corporation.

  

					
	 NAME AND ADDRESS
	  	 TITLE
	  	 NATURE AND PERCENTAGE
 OF STOCK OWNERSHIP

	 Comstock Homebuilding Companies, Inc. 11465 Sunset Hills Road
 Suite 500
 Reston, VA 20190
	  	manager	  	sole member

  

			
		  	22. Former partners, officers, directors and shareholders
		
	 None
    n
	  	a. If the debtor is a partnership, list each member who withdrew from the partnership within one year immediately preceding the commencement of this
case.

  

					
	NAME	  	ADDRESS	  	DATE OF WITHDRAWAL

  

			
	 None
    n
	  	b. If the debtor is a corporation, list all officers, or directors whose relationship with the corporation terminated within one year immediately preceding the
commencement of this case.

  

					
	NAME AND ADDRESS	  	TITLE	  	DATE OF TERMINATION

  

			
		  	23. Withdrawals from a partnership or distributions by a corporation
		
	 None 
    n
	  	If the debtor is a partnership or corporation, list all withdrawals or distributions credited or given to an insider, including compensation in any form, bonuses, loans, stock
redemptions, options exercised and any other perquisite during one year immediately preceding the commencement of this case.

  

					
	NAME & ADDRESS
OF RECIPIENT,
RELATIONSHIP TO DEBTOR	  	DATE AND PURPOSE
OF WITHDRAWAL	  	AMOUNT OF MONEY
OR DESCRIPTION AND
VALUE OF PROPERTY

  

			
		  	24. Tax Consolidation Group.
		
	 None
    n
	  	If the debtor is a corporation, list the name and federal taxpayer identification number of the parent corporation of any consolidated group for tax purposes of which the debtor
has been a member at any time within six years immediately preceding the commencement of the case.

  

			
	NAME OF PARENT CORPORATION	  	TAXPAYER IDENTIFICATION NUMBER (EIN)

  

			
		  	25. Pension Funds.
		
	 None
    n
	  	If the debtor is not an individual, list the name and federal taxpayer identification number of any pension fund to which the debtor, as an employer, has been responsible for
contributing at any time within six years immediately preceding the commencement of the case.

  

			
	NAME OF PENSION FUND	  	TAXPAYER IDENTIFICATION NUMBER (EIN)

  

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 DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF CORPORATION OR PARTNERSHIP

 I declare under penalty of perjury that I have read the answers contained in the foregoing statement of financial affairs and any
attachments thereto and that they are true and correct to the best of my knowledge, information and belief. 
  

									
	Date	 	November 25, 2009	 		 	Signature  	 	/s/ Christopher Clemente
		 		 		 		 	 Christopher Clemente
 C.E.O. of Comstock Homebuilding Companies, Inc., its Manager


 [An individual signing on behalf of a
partnership or corporation must indicate position or relationship to debtor.] 
 Penalty for making a false statement: Fine of
up to $500,000 or imprisonment for up to 5 years, or both. 18 U.S.C. §§ 152 and 3571 
  

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 B6A (Official Form 6A) (12/07) 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  		  	

 SCHEDULE A - REAL PROPERTY 
 Except as directed below, list all real property in which the debtor has any legal, equitable, or future interest, including all property
owned as a cotenant, community property, or in which the debtor has a life estate. Include any property in which the debtor holds rights and powers exercisable for the debtor’s own benefit. If the debtor is married, state whether husband, wife,
both, or the marital community own the property by placing an “H,” “W,” “J,” or “C” in the column labeled “Husband, Wife, Joint, or Community.” If the debtor holds no interest in real property, write
“None” under “Description and Location of Property.” 
 Do not include interests in executory contracts
and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. 
 If an entity
claims to have a lien or hold a secured interest in any property, state the amount of the secured claim. See Schedule D. If no entity claims to hold a secured interest in the property, write “None” in the column labeled “Amount of
Secured Claim.” If the debtor is an individual or if a joint petition is filed, state the amount of any exemption claimed in the property only in Schedule C - Property Claimed as Exempt. 
  

										
	 Description and Location of Property
	 	Nature of Debtor’s
Interest in Property	 	Husband,
Wife,
Joint, or
Community	 	Current Value of
Debtor’s Interest in
Property,
without
Deducting any Secured
Claim or Exemption	 	Amount of
Secured Claim	 
	 approx. 20.58 acres, Altpharetta, Forsyth County, GA 30005 (book value = $2,353,751.00; tax assessed value =
$1,852,200.00)
	 	Fee simple	 	—  	 	2,353,751.00	 	2,390,169.96	  
		 		 		 	 	 		
		 		 	Sub-Total >	 	2,353,751.00	 	(Total of this page	) 
		 		 	Total >	 	2,353,751.00	 		
				
	 0 continuation sheets attached to the Schedule of Real Property
	 		 	(Report also on Summary of Schedules)	 		

  

  

			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 B6B (Official Form 6B) (12/07) 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  		  	

 SCHEDULE B - PERSONAL PROPERTY 
 Except as directed below, list all personal property of the debtor of whatever kind. If the debtor has no property in one or more of the
categories, place an “x” in the appropriate position in the column labeled “None.” If additional space is needed in any category, attach a separate sheet properly identified with the case name, case number, and the number of the
category. If the debtor is married, state whether husband, wife, both, or the marital community own the property by placing an “H,” “W,” “J,” or “C” in the column labeled “Husband, Wife, Joint, or
Community.” If the debtor is an individual or a joint petition is filed, state the amount of any exemptions claimed only in Schedule C - Property Claimed as Exempt. 
 Do not list interests in executory contracts and unexpired leases on this schedule. List them in Schedule G - Executory Contracts and Unexpired Leases. 
 If the property is being held for the debtor by someone else, state that person’s name and address under “Description and Location of
Property.” If the property is being held for a minor child, simply state the child’s initials and the name and address of the child’s parent or guardian, such as “A.B., a minor child, by John Doe, guardian.” Do not disclose
the child’s name. See, 11 U.S.C. § 112 and Fed. R. Bankr. P. 1007(m). 
  

												
	 	 	 Type of Property
	  	N
O
N
E	  	Description and Location of Property	  	Husband,
Wife,
Joint, or
Community	 	 	Current Value of
Debtor’s Interest in Property,
without Deducting any
Secured
Claim or Exemption
						
	 1.
	 	Cash on hand	  	X	  		  			 	
	 2.
	 	Checking, savings or other financial accounts, certificates of deposit, or shares in banks, savings and loan, thrift, building and loan, and homestead associations, or credit
unions, brokerage houses, or cooperatives.	  	X	  		  			 	
	 3.
	 	Security deposits with public utilities, telephone companies, landlords, and others.	  	X	  		  			 	
	 4.
	 	Household goods and furnishings, including audio, video, and computer equipment.	  	X	  		  			 	
	 5.
	 	Books, pictures and other art objects, antiques, stamp, coin, record, tape, compact disc, and other collections or collectibles.	  	X	  		  			 	
	 6.
	 	Wearing apparel.	  	X	  		  			 	
	 7.
	 	Furs and jewelry.	  	X	  		  			 	
	 8.
	 	Firearms and sports, photographic, and other hobby equipment.	  	X	  		  			 	
	 9.
	 	Interests in insurance policies. Name insurance company of each policy and itemize surrender or refund value of each.	  	X	  		  			 	
	 10.
	 	Annuities. Itemize and name each issuer.	  	X	  		  			 	
		 		  		  		  			 	 
		 		  		  		  	Sub-Total >	  	 	0.00
		 		  		  		  	(Total of this page	) 	 	
	2 continuation sheets attached to the Schedule of Personal Property

  

  

			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 B6B (Official Form 6B) (12/07) - Cont. 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  		  	

 SCHEDULE B - PERSONAL PROPERTY 
 (Continuation Sheet) 
  

												
	 	 	 Type of Property
	  	N
O
N
E	  	Description and Location of Property	  	Husband,
Wife,
Joint, or
Community	 	 	Current Value of
Debtor’s Interest in Property,
without Deducting any
Secured
Claim or Exemption
	 11.
	 	Interests in an education IRA as defined in 26 U.S.C. § 530(b)(l) or under a qualified State tuition plan as defined in 26 U.S.C. § 529(b)(l). Give particulars. (File
separately the record(s) of any such interest(s). 11 U.S.C. §521 (c).)	  	X	  		  			 	
	 12.
	 	Interests in IRA, ERISA, Keogh, or other pension or profit sharing plans. Give particulars.	  	X	  		  			 	
	 13.
	 	Stock and interests in incorporated and unincorporated businesses. Itemize.	  	X	  		  			 	
	 14.
	 	Interests in partnerships or joint ventures. Itemize.	  	X	  		  			 	
	 15.
	 	Government and corporate bonds and other negotiable and nonnegotiable instruments.	  	X	  		  			 	
	 16.
	 	Accounts receivable.	  	X	  		  			 	
	 17.
	 	Alimony, maintenance, support, and property settlements to which the debtor is or may be entitled. Give particulars.	  	X	  		  			 	
	 18.
	 	Other liquidated debts owed to debtor including tax refunds. Give particulars.	  	X	  		  			 	
	 19.
	 	Equitable or future interests, life estates, and rights or powers exercisable for the benefit of the debtor other than those listed in Schedule A - Real Property.	  	X	  		  			 	
	 20.
	 	Contingent and noncontingent interests in estate of a decedent, death benefit plan, life insurance policy, or trust.	  	X	  		  			 	
	 21.
	 	Other contingent and unliquidated claims of every nature, including tax refunds, counterclaims of the debtor, and rights to setoff claims. Give estimated value of each.	  	X	  		  			 	
		 		  		  		  			 	 
		 		  		  		  	Sub-Total>	 	 	0.00
		 		  		  		  	(Total of this page	) 	 	

 Sheet 1 of 2 continuation sheets attached to the Schedule of Personal Property 
  

  

			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 B6B (Official Form 6B) (12/07) - Cont. 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  		  	

 SCHEDULE B - PERSONAL PROPERTY 
 (Continuation Sheet) 
  

												
	 	 	 Type of Property
	  	N
O
N
E	  	Description and Location of Property	  	Husband,
Wife,
Joint, or
Community	 	 	Current Value of
Debtor’s Interest in Property,
without Deducting any
Secured
Claim or Exemption
	 22.
	 	Patents, copyrights, and other intellectual property. Give particulars.	  	X	  		  			 	
	 23.
	 	Licenses, franchises, and other general intangibles. Give particulars.	  	X	  		  			 	
	 24.
	 	Customer lists or other compilations containing personally identifiable information (as defined in 11 U.S.C. § 101(41 A)) provided to the debtor by individuals in connection
with obtaining a product or service from the debtor primarily for personal, family, or household purposes.	  	X	  		  			 	
	 25.
	 	Automobiles, trucks, trailers, and other vehicles and accessories.	  	X	  		  			 	
	 26.
	 	Boats, motors, and accessories.	  	X	  		  			 	
	 27.
	 	Aircraft and accessories.	  	X	  		  			 	
	 28.
	 	 Office equipment, furnishings, and
 supplies.
	  	X	  		  			 	
	 29.
	 	Machinery, fixtures, equipment, and supplies used in business.	  	X	  		  			 	
	 30.
	 	Inventory.	  	X	  		  			 	
	 31.
	 	Animals.	  	X	  		  			 	
	 32.
	 	Crops - growing or harvested. Give particulars.	  	X	  		  			 	
	 33.
	 	Farming equipment and implements.	  	X	  		  			 	
	 34.
	 	Farm supplies, chemicals, and feed.	  	X	  		  			 	
	 35.
	 	Other personal property of any kind not already listed. Itemize.	  	X	  		  			 	
		 		  		  		  			 	 
		 		  		  		  	Sub-Total >	  	 	0.00
		 		  		  		  	(Total of this page	) 	 	
		 		  		  		  	Total >	  	 	0.00

  

	 Sheet 2 of 2 continuation sheets attached to the Schedule of Personal Property 
	 (Report on Summmary of Schedule) 


  

  

			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 B6D (Official Form 6D) (12/07) 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  		  	

 SCHEDULE D - CREDITORS HOLDING SECURED CLAIMS 
 State the name, mailing address, including zip code, and last four digits of any account number of all entities holding claims secured by
property of the debtor as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if the debtor chooses to do so. List creditors
holding all types of secured interests such as judgment liens, garnishments, statutory liens, mortgages, deeds of trust, and other security interests. 
 List creditors in alphabetical order to the extent practicable. If a minor child is a creditor, the child’s initials and the name and address of the child’s parent or guardian, such as
“A.B., a minor child, by John Doe, guardian.” Do not disclose the child’s name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). If all secured creditors will not fit on this page, use the continuation sheet provided.

 If any entity other than a spouse in a joint case may be jointly liable on a claim, place an “X” in the column
labeled “Codebtor”, include the entity on the appropriate schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on
each claim by placing an “H”, “W”, “J”, or “C” in the column labeled “Husband, Wife, Joint, or Community”. 
 If the claim is contingent, place an “X” in the column labeled “Contingent”. If the claim is unliquidated, place an “X” in the column labeled “Unliquidated”. If the
claim is disputed, place an “X” in the column labeled “Disputed”. (You may need to place an “X” in more than one of these three columns.) 
 Total the columns labeled “Amount of Claim Without Deducting Value of Collateral” and “Unsecured Portion, if Any” in the boxes labeled “Total(s)” on the last sheet of the
completed schedule. Report the total from the column labeled “Amount of Claim” also on the Summary of Schedules and, if the debtor is an individual with primarily consumer debts, report the total from the column labeled “Unsecured
Portion” on the Statistical Summary of Certain Liabilities and Related Data. 
  

	 ̈	Check this box if debtor has no creditors holding secured claims to report on this Schedule D. 

  

																			
	 CREDITOR’S NAME

AND MAILING ADDRESS
INCLUDING ZIP CODE,
AND ACCOUNT NUMBER
(See instructions above.)
	 	C
O
D
E
B
T
O
R	 	 Husband, Wife, Joint, or Community
	 	C
O
N
T
I
N
G
E
N
T	 	U
N
L
I
Q
U
I
D
A
T
E
D	 	D
I
S
P
U
T
E
D	 	AMOUNT OF
CLAIM
WITHOUT
DEDUCTING
VALUE OF
COLLATERAL	 	UNSECURED
PORTION, IF
ANY

	 	 	 H
 W
 J
 C
	  	 DATE CLAIM WAS INCURRED,
 NATURE OF LIEN, AND
 DESCRIPTION AND VALUE
 OF PROPERTY
 SUBJECT TO LIEN
	 	 	 	 	 
	Account No.	 		 		  	2008, 2009	  		 		 		 		 		 	
	  
 Forsyth County
 Tax Commissioner
 1092 Tribble Gap Rd.

 Cumming, GA 30040
	 		 	-	  	  
 property tax
  
 approx. 20.58 acres, Alpharetta, Forsyth County, GA 30005 (book value =
$2,353,751.00; tax assessed value = $1,852,200.00)
	 		 		 		 		 	
		 		 		  	 Value $
	  	2,353,751.00	 		 		 		 	36,418.96	 	36,418.96
	 Account No.
	 		 		  	mortgage	  		 		 		 		 		 	
	  
 RBC Builder Finance
 Attn: Jim McDunn
 301 Grant Street; Suite
4325
 Pittsburgh, PA 15219
	 	X	 	-	  	  
 approx. 20.58 acres, Alpharetta, Forsyth County, GA
30005 (book value = $2,353,751.00; tax assessed value = $1,852,200.00)
	 		 		 		 		 	
		 		 		  	 Value $
	  	2,353,751.00	 		 		 		 	2,353,751.00	 	0.00
	 Account No.
	 		 		  	additional notice address	 		 		 		 		 	
	  
 RBC Builder Finance
 Attn: Legal
 11011 Richmond Ave.; Suite
850
 Houston, TX 77042
	 		 	-	  		  		 		 		 		 		 	
		 		 		  	 Value $
	  	0.00	 		 		 		 	0.00	 	0.00
		 		 		  		  		 		 		 		 	 	 	 
	 Account No.
	 		 		  		  		 		 		 		 		 	
		 		 		  	 Value $
	  		 		 		 		 		 	
		 		 		  		  		 		 		 		 	 	 	 
		 		 		  		  	 Subtotal
 (Total of this page)
	 	2,390,169.96	 	36,418.96
		 		 		  		  		 		 		 		 	 	 	 
		 		 		  		  	 Total
 (Report on Summary of Schedules)
	 	2,390,169.96	 	36,418.96
		 		 		  		  		 		 		 		 	 	 	 

 0 continuation sheets attached 
  


			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 B6E (Official Form 6E) (12/07) 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  		  	

 SCHEDULE E - CREDITORS HOLDING UNSECURED PRIORITY CLAIMS 
 A complete list of claims entitled to priority, listed separately by type of priority, is to be set forth on the sheets provided. Only
holders of unsecured claims entitied to priority should be listed in this schedule. In the boxes provided on the attached sheets, state the name, mailing address, including zip code, and last four digits of the account number, if any, of all
entities holding priority claims against the debtor or the property of the debtor, as of the date of the filing of the petition. Use a separate continuation sheet for each type of priority and label each with the type of priority. 
 The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if
the debtor chooses to do so. If a minor child is a creditor, state the child’s initials and the name and address of the child’s parent or guardian, such as “A.B., a minor child, by John Doe, guardian.” Do not disclose the
child’s name. See, 11 U.S.C. § 112 and Fed. R. Bankr. P. 1007(m). 
 If any entity other than a spouse in a joint case
may be jointly liable on a claim, place an “X” in the column labeled “Codebtor,” include the entity on the appropriate schedule of creditors, and complete Schedule H-Codebtors. If a joint petition is filed, state whether the
husband, wife, both of them, or the marital community may be liable on each claim by placing an “H,” “W,” “J,” or “C” in the column labeled “Husband, Wife, Joint, or Community.” If the claim is
contingent, place an “X” in the column labeled “Contingent.” If the claim is unliquidated, place an “X” in the column labeled “Unliquidated.” If the claim is disputed, place an “X” in the column
labeled “Disputed.” (You may need to place an “X” in more than one of these three columns.) 
 Report the
total of claims listed on each sheet in the box labeled “Subtotals” on each sheet. Report the total of all claims listed on this Schedule E in the box labeled “Total” on the last sheet of the completed schedule. Report this total
also on the Summary of Schedules. 
 Report the total of amounts entitled to priority listed on each sheet in the box labeled
“Subtotals” on each sheet. Report the total of all amounts entitled to priority listed on this Schedule E in the box labeled “Totals” on the last sheet of the completed schedule. Individual debtors with primarily consumer debts
report this total also on the Statistical Summary of Certain Liabilities and Related Data. 
 Report the total of amounts
not entitled to priority listed on each sheet in the box labeled “Subtotals” on each sheet. Report the total of all amounts not entitled to priority listed on this Schedule E in the box labeled “Totals” on the last sheet
of the completed schedule. Individual debtors with primarily consumer debts report this total also on the Statistical Summary of Certain Liabilities and Related Data. 
  

	n	Check this box if debtor has no creditors holding unsecured priority claims to report on this Schedule E. 

 TYPES OF PRIORITY CLAIMS (Check the appropriate box(es) below if claims in that category are listed on the attached sheets) 
  

	 ̈	Domestic support obligations 

 Claims for domestic support that are owed to or recoverable by a spouse, former spouse, or child of the debtor, or the parent, legal guardian, or responsible relative of such a child, or a governmental unit to whom such a domestic support
claim has been assigned to the extent provided in 11 U.S.C. § 507(a)(1). 
  

	 ̈	Extensions of credit in an involuntary case 

 Claims arising in the ordinary course of the debtor’s business or financial affairs after the commencement of the case but before the earlier of the appointment of a trustee or the order for relief.
11 U.S.C. § 507(a)(3). 
  

	 ̈	Wages, salaries, and commissions 

 Wages, salaries, and commissions, including vacation, severance, and sick leave pay owing to employees and commissions owing to qualifying independent sales representatives up to $10,950* per person earned within 180 days immediately
preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent provided in 11 U.S.C. § 507(a)(4). 
  

	 ̈	Contributions to employee benefit plans 

 Money owed to employee benefit plans for services rendered within 180 days immediately preceding the filing of the original petition, or the cessation of business, whichever occurred first, to the extent
provided in 11 U.S.C. § 507(a)(5). 
  

	 ̈	Certain farmers and fishermen 

 Claims of certain farmers and fishermen, up to $5,400* per farmer or fisherman, against the debtor, as provided in 11 U.S.C. § 507(a)(6). 
  

	 ̈	Deposits by individuals 

 Claims of individuals up to $2,425* for deposits for the purchase, lease, or rental of property or services for personal, family, or household use, that were not delivered or provided. 11 U.S.C. §507(a)(7). 
  

	 ̈	Taxes and certain other debts owed to governmental units 

 Taxes, customs duties, and penalties owing to federal, state, and local governmental units as set forth in 11 U.S.C. § 507(a)(8). 
  

	 ̈	Commitments to maintain the capital of an insured depository institution 

 Claims based on commitments to the FDIC, RTC, Director of the Office of Thrift Supervision, Comptroller of the Currency, or Board of
Governors of the Federal Reserve System, or their predecessors or successors, to maintain the capital of an insured depository institution. 11 U.S.C. § 507(a)(9). 
  


	 ̈	Claims for death or personal injury while debtor was intoxicated 

 Claims for death or personal injury resulting from the operation of a motor vehicle or vessel while the debtor was intoxicated from using alcohol, a drug, or another substance. 11 U.S.C. §
507(a)(10). 
  

	*	Amounts are subject to adjustment on April 1, 2010, and every three years thereafter with respect to cases commenced on or after the date of adjustment.


 0 continuation sheets attached 
  



			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 B6F (Official Form 6F) (12/07) 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  		  	

 SCHEDULE F - CREDITORS HOLDING UNSECURED NONPRIORITY CLAIMS 
 State the name, mailing address, including zip code, and last four digits of any account number, of all entities holding unsecured claims
without priority against the debtor or the property of the debtor, as of the date of filing of the petition. The complete account number of any account the debtor has with the creditor is useful to the trustee and the creditor and may be provided if
the debtor chooses to do so. If a minor child is a creditor, state the child’s initials and the name and address of the child’s parent or guardian, such as “A.B., a minor child, by John Doe, guardian.” Do not disclose the
child’s name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). Do not include claims listed in Schedules D and E. If all creditors will not fit on this page, use the continuation sheet provided. 
 If any entity other than a spouse in a joint case may be jointly liable on a claim, place an “X” in the column labeled
“Codebtor,” include the entity on the appropriate schedule of creditors, and complete Schedule H - Codebtors. If a joint petition is filed, state whether the husband, wife, both of them, or the marital community may be liable on each claim
by placing an “H,” “W,” “J,” or “C” in the column labeled “Husband, Wife, Joint, or Community.” 
 If the claim is contingent, place an “X” in the column labeled “Contingent.” If the claim is unliquidated, place an “X” in the column labeled “Unliquidated.” If the
claim is disputed, place an “X” in the column labeled “Disputed.” (You may need to place an “X” in more than one of these three columns.) 
 Report the total of all claims listed on this schedule in the box labeled “Total” on the last sheet of the completed schedule. Report this total also on the Summary of Schedules and, if the
debtor is an individual with primarily consumer debts, report this total also on the Statistical Summary of Certain Liabilities and Related Data. 
  

	n	Check this box if debtor has no creditors holding unsecured claims to report on this Schedule F. 

  

															
	 CREDITOR’S NAME,
 MAILING ADDRESS
 INCLUDING ZIP CODE,
 AND ACCOUNT NUMBER
 (See instructions above.)
	  	C
O
D
E
B
T
O
R	  	Husband, Wife, Joint, or Community	  	C
O
N
T
I
N
G
E
N
T	  	U
N
L
I
Q
U
I
D
A
T
E
D	  	D
I
S
P
U
T
E
D	  	AMOUNT OF CLAIM
	  	  	H
W
J
C	  	 DATE CLAIM WAS INCURRED AND
 CONSIDERATION FOR CLAIM. IF CLAIM
 IS SUBJECT TO SETOFF, SO STATE.
	  	  	  	  
								
	 Account No.
	  		  		  		  		  		  		  	
								
	 Account No.
	  		  		  		  		  		  		  	
								
	 Account No.
	  		  		  		  		  		  		  	
								
	 Account No.
	  		  		  		  		  		  		  	
		  		  		  		  		  		  		  	 
					
	 0 continuation sheets attached
	  		  		  	 Subtotal
 (Total of this page)
	  	
		  		  		  		  		  		  		  	 
					
		  		  		  	 Total
 (Report on Summary of Schedules)
	  	0.00
		  		  		  		  		  		  		  	 

  


			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	S/N:21149-091118 Best Case Bankruptcy









 B6C (Official Form 6G) (12/07) 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  		  	

 SCHEDULE G - EXECUTORY CONTRACTS AND UNEXPIRED LEASES 
 Describe all executory contracts of any nature and all unexpired leases of real or personal property. Include any timeshare interests. State nature of
debtor’s interest in contract, i.e., “Purchaser”, “Agent”, etc. State whether debtor is the lessor or lessee of a lease. Provide the names and complete mailing addresses of all other parties to each lease or contract
described. If a minor child is a party to one of the leases or contracts, state the child’s initials and the name and address of the child’s parent or guardian, such as “A.B., a minor child, by John Doe, guardian.” Do not
disclose the child’s name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). 
  

	n	Check this box if debtor has no executory contracts or unexpired leases. 

  


			
	Name and Mailing Address, Including Zip Code,
of Other Parties to Lease or
Contract	  	Description of Contract or Lease and Nature of Debtor’s Interest.
State whether lease is for nonresidential real property.
State contract number of any government contract.

 0 continuation sheets attached to Schedule of Executory
Contracts and Unexpired Leases 
  


			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 B6H (Official Form 6H) (12/07) 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  		  	

 SCHEDULE H - CODEBTORS 
 Provide the information requested concerning any person or entity, other than a spouse in a joint case, that is also liable on any debts
listed by debtor in the schedules of creditors. Include all guarantors and co-signers. If the debtor resides or resided in a community property state, commonwealth, or territory (including Alaska, Arizona, California, Idaho, Louisiana, Nevada, New
Mexico, Puerto Rico, Texas, Washington, or Wisconsin) within the eight year period immediately preceding the commencement of the case, identify the name of the debtor’s spouse and of any former spouse who resides or resided with the debtor in
the community property state, commonwealth, or territory. Include all names used by the nondebtor spouse during the eight years immediately preceding the commencement of this case. If a minor child is a codebtor or a creditor, state the child’s
initials and the name and address of the child’s parent or guardian, such as “A.B., a minor child, by John Doe, guardian.” Do not disclose the child’s name. See, 11 U.S.C. §112 and Fed. R. Bankr. P. 1007(m). 
  

	 ̈	Check this box if debtor has no codebtors. 

  

			
	 NAME AND ADDRESS OF CODEBTOR
	  	 NAME AND ADDRESS OF CREDITOR

	 Andrew H. Chandler, Jr.
 126 N. Rantun Court
 Norcross, GA 30071
	  	 RBC Builder Finance
 Attn: Jim McDunn
 301 Grant Street; Suite 4325
 Pittsburgh, PA 15219

		
	 James B. Parker
 2105
Woodfalls Drive
 Cumming, GA 30041
	  	 RBC Builder Finance
 Attn: Jim McDunn
 301 Grant Street; Suite 4325
 Pittsburgh, PA 15219

		
	 Parker Chandler Homes, LLC
 11465 Sunset Hills Road
 Suite 510
 Reston, VA 20190
	  	 RBC Builder Finance
 Attn: Jim McDunn
 301 Grant Street; Suite 4325
 Pittsburgh, PA 15219


 0 continuation sheets attached to Schedule of
Codebtors 
  


			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 United States Bankruptcy Court 
 Northern District of Georgia, Atlanta Division 
  

							
	In re	  	Buckhead Overlook, LLC	  	Case No.	  	09-90332-MHM
		  	Debtor(s)	  	Chapter	  	7

 DISCLOSURE OF COMPENSATION OF
ATTORNEY FOR DEBTOR(S) 
  

	1.	Pursuant to 11 U.S.C. § 329(a) and Bankruptcy Rule 2016(b), I certify that I am the attorney for the above-named debtor and that compensation paid to me within one
year before the filing of the petition in bankruptcy, or agreed to be paid to me, for services rendered or to be rendered on behalf of the debtor(s) in contemplation of or in connection with the bankruptcy case is as follows:


  

				
	 For legal services, I have agreed to accept
	  	$	3,000.00
	 Prior to the filing of this statement I have received
	  	$	3,000.00
	 Balance Due
	  	$	0.00

  

	2.	$299.00 of the filing fee has been paid. 

  

	3.	The source of the compensation paid to me was: 

  ̈    Debtor            ¢    Other (specify): Comstock Homes of Atlanta, LLC 
  

	4.	The source of compensation to be paid to me is: 

 ¢    Debtor             ̈    Other (specify): 
  

	5.        ¢	I have not agreed to share the above-disclosed compensation with any other person unless they are members and associates of my law firm. 

  

	            ̈	I have agreed to share the above-disclosed compensation with a person or persons who are not members or associates of my law firm. A copy of the agreement, together
with a list of the names of the people sharing in the compensation is attached. 

  

	6.	In return for the above-disclosed fee, I have agreed to render legal service for all aspects of the bankruptcy case, including: 

  

	 	a.	Analysis of the debtor’s financial situation, and rendering advice to the debtor in determining whether to file a petition in bankruptcy; 


 

	 	b.	Preparation and filing of any petition, schedules, statement of affairs and plan which may be required; 

  

	 	c.	Representation of the debtor at the meeting of creditors and confirmation hearing, and any adjourned hearings thereof; 

  

	 	d.	[Other provisions as needed] 

  

	7.	By agreement with the debtor(s), the above-disclosed fee does not include the following service: 

 representation of the debtor(s) in adversary proceedings. 
 CERTIFICATION 
 I certify that the foregoing is a
complete statement of any agreement or arrangement for payment to me for representation of the debtor(s) in this bankruptcy proceeding. 
  

									
	Dated:	 	November 25, 2009	 		 		 	/s/ Paul Reece Marr
		 		 		 		 	Paul Reece Marr
		 		 		 		 	Paul Reece Marr, P.C.
		 		 		 		 	Suite 960
		 		 		 		 	300 Galleria Parkway
		 		 		 		 	Atlanta, GA 30339
		 		 		 		 	(770) 984-2255
		 		 		 		 	pmarr@mindspring.com

  


			
	Software Copyright (c) 1996-2009 Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 B6 Summary (Official Form 6 - Summary) (12/07) 
 United States Bankruptcy Court 
 Northern District of Georgia, Atlanta Division 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  	Chapter	  	7

 SUMMARY OF SCHEDULES

 Indicate as to each schedule whether that schedule is attached and state the number of pages in each. Report the totals from Schedules A,
B, D, E, F, I, and J in the boxes provided. Add the amounts from Schedules A and B to determine the total amount of the debtor’s assets. Add the amounts of all claims from Schedules D, E, and F to determine the total amount of the debtor’s
liabilities. Individual debtors must also complete the “Statistical Summary of Certain Liabilities and Related Data” if they file a case under chapter 7, 11, or 13. 
  

											
	 NAME OF SCHEDULE
	  	ATTACHED
(YES/NO)	  	NO. OF
SHEETS	  	ASSETS	  	LIABILITIES	  	OTHER
	 A - Real Property
	  	Yes	  	1	  	2,353,751.00	  		  	
	 B - Personal Property
	  	Yes	  	3	  	0.00	  		  	
	 C - Property Claimed as Exempt
	  	No	  	0	  		  		  	
	 D - Creditors Holding Secured Claims
	  	Yes	  	1	  		  	2,390,169.96	  	
	 E - Creditors Holding Unsecured Priority Claims (Total of Claims on Schedule E)
	  	Yes	  	1	  		  	0.00	  	
	 F - Creditors Holding Unsecured Nonpriority Claims
	  	Yes	  	1	  		  	0.00	  	
	 G - Executory Contracts and Unexpired Leases
	  	Yes	  	1	  		  		  	
	 H - Codebtors
	  	Yes	  	1	  		  		  	
	 I - Current Income of Individual Debtor(s)
	  	No	  	0	  		  		  	N/A
	 J - Current Expenditures of Individual Debtors)
	  	No	  	0	  		  		  	N/A
		  		  	 	  		  		  	
	 Total Number of Sheets of ALL Schedules
	  		  	9	  		  		  	
		  		  		  	 	  		  	
	 Total Assets
	  		  		  	2,353,751.00	  		  	
		  		  		  		  	 	  	
	 Total Liabilities
	  		  		  		  	2,390,169.96	  	

  


			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 Form 6 - Statistical Summary (12/07) 
 United States Bankruptcy Court 
 Northern District of
Georgia, Atlanta Division 
  

							
	In re	  	Buckhead Overlook, LLC,	  	Case No.	  	09-90332-MHM
		  	Debtor	  	Chapter	  	7

 STATISTICAL SUMMARY OF CERTAIN
LIABILITIES AND RELATED DATA (28 U.S.C. § 159) 
 If you are an individual debtor whose debts are primarily consumer debts, as defined
in § 101(8) of the Bankruptcy Code (11 U.S.C.§ 101(8)), filing a case under chapter 7, 11 or 13, you must report all information requested below. 
  

	 	 ̈	Check this box if you are an individual debtor whose debts are NOT primarily consumer debts. You are not required to report any information here.


 This information is for statistical purposes only under 28 U.S.C. § 159. 
 Summarize the following types of liabilities, as reported in the Schedules, and total them. 
  

			
	 Type of Liability
	  	Amount
	 Domestic Support Obligations (from Schedule E)
	  	
	 Taxes and Certain Other Debts Owed to Governmental Units (from Schedule E)
	  	
	 Claims for Death or Personal Injury While Debtor Was Intoxicated (from Schedule E) (whether disputed or
undisputed)
	  	
	 Student Loan Obligations (from Schedule F)
	  	
	 Domestic Support, Separation Agreement, and Divorce Decree Obligations Not Reported on Schedule E
	  	
	 Obligations to Pension or Profit-Sharing, and Other Similar Obligations (from Schedule F)
	  	
	 TOTAL
	  	
		
	State the following:	  	
	 Average Income (from Schedule 1, Line 16)
	  	
	 Average Expenses (from Schedule J, Line 18)
	  	
	 Current Monthly Income (from Form 22A Line 12; OR, Form 22B Line 11; OR, Form 22C Line 20 )
	  	
		
	 State the following:
	  	
	 1.      Total from Schedule D, “UNSECURED PORTION, IF ANY” column
	  	
	 2.      Total from Schedule E, “AMOUNT ENTITLED TO PRIORITY” column
	  	
	 3.      Total from Schedule E, “AMOUNT NOT ENTITLED TO PRIORITY, IF ANY”
column
	  	
	 4.      Total from Schedule F
	  	
	 5.      Total of non-priority unsecured debt (sum of 1, 3, and 4)
	  	

  


			
	Copyright (c) 1996-2009 - Best Case Solutions - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 B6 Declaration (Official Form 6 - Declaration). (12/07) 
 United States Bankruptcy Court 
 Northern District of Georgia, Atlanta Division 
  

							
	In re	  	Buckhead Overlook, LLC	  	Case No.	  	09-90332-MHM
		  	Debtor(s)	  	Chapter	  	7

 DECLARATION CONCERNING DEBTORS
SCHEDULES 
 DECLARATION UNDER PENALTY OF PERJURY ON BEHALF OF CORPORATION OR PARTNERSHIP 
 I, the C.E.O. of Comstock Homebuilding Companies, Inc., its Manager of the corporation named as debtor in this case, declare under penalty
of perjury that I have read the foregoing summary and schedules, consisting of 11 sheets, and that they are true and correct to the best of my knowledge, information, and belief. 
  

									
	Date	 	November 25, 2009	 		 	Signature 	 	/s/ Christopher Clemente
		 		 		 		 	Christopher Clemente
		 		 		 		 	C.E.O. of Comstock Homebuilding Companies, Inc., its Manager

 Penalty for making a false statement or concealing property: Fine of up to $500,000 or imprisonment for up to 5 years or both. 
 18 U.S.C. §§ 152 and 3571. 
  


			
	Software Copyright (c) 1996-2009 Best Case Solutions, Inc. - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 United States Bankruptcy Court 
 Northern District of Georgia, Atlanta Division 
  

							
	In re	  	Buckhead Overlook, LLC	  	Case No.	  	09-90332-MHM
		  	Debtor(s)	  	Chapter	  	7

 CORPORATE OWNERSHIP STATEMENT
(RULE 7007.1) 
 Pursuant to Federal Rule of Bankruptcy Procedure 7007.1 and to enable the Judges to evaluate possible disqualification or
recusal, the undersigned counsel for Buckhead Overlook, LLC in the above captioned action, certifies that the following is a (are) corporation(s), other than the debtor or a governmental unit, that directly or indirectly own(s) 10% or more of
any class of the corporation’s(s’) equity interests, or states that there are no entities to report under FRBP 7007.1: 
 Comstock
Homebuilding 
 Companies, Inc. 
 11465 Sunset Hills Rd; Ste 500 
 Reston.VA 20190 
  ̈  None [Check if applicable] 
  

									
	November 25, 2009	 		 		 	/s/ Paul Reece Marr
	Date	 		 		 	Paul Reece Marr
		 		 		 	Signature of Attorney or Litigant
		 		 		 	Counsel for Buckhead Overlook, LLC
		 		 		 	Paul Reece Marr, P.C.
		 		 		 	Suite 960
		 		 		 	300 Galleria Parkway
		 		 		 	Atlanta, GA 30339
		 		 		 	(770) 984-2255
		 		 		 	pmarr@mindspring.com

  


			
	Software Copyright (c) 1996-2009 Best Case Solutions, Inc. - Evanston, IL - (800) 492-8037	  	Best Case Bankruptcy









 UNITED STATES BANKRUPTCY COURT 
 NORTHERN DISTRICT OF GEORGIA 
 ATLANTA DIVISION 
  

					
	 In re:
	 	 :
	  	Case No. 09-90332-MHM
		 	 :
	  	
	 BUCKHEAD OVERLOOK, LLC,
	 	 :
	  	Chapter 7
		 	 :
	  	
	 Debtor.
	 	 :
	  	
	 	 	 :
	  	

 CERTIFICATE OF SERVICE 
 I, Paul Reece Marr, certify that I am over the age of 18 and that on the below referenced date I served a copy of the attached STATEMENT OF
FINANCIAL AFFAIRS AND SCHEDULES by first class U.S. Mail, with adequate postage prepaid on the following persons or entities at the addresses stated on the attached list: 
 Martha A. Miller 
 Martha A. Miller, PC 
 229 Peachtree Street, NE 
 Suite 2415 
 Atlanta, GA 30303 
 This the 25th day of November, 2009. 

 

	
	/s/ Paul Reece Marr
	Paul Reece Marr


 Paul Reece Marr, P.C. 

300 Galleria Pkwy; Ste 960 
 Atlanta, GA 30339

 770/984-2255 
  

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