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American Home Mortgage Assets Trust 2007-1 – ‘8-K’ for 8/6/07

On:  Friday, 8/10/07, at 6:40am ET   ·   For:  8/6/07   ·   Accession #:  1056404-7-2688   ·   File #:  333-136999-03

Previous ‘8-K’:  ‘8-K’ on 2/13/07 for 1/26/07   ·   Latest ‘8-K’:  This Filing

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  As Of                Filer                Filing    For·On·As Docs:Size              Issuer               Agent

 8/10/07  American Home Mtge Assets… 2007-1 8-K:1,9     8/06/07    1:146K                                   Norwest Asset SEC Co… Tr

Current Report   —   Form 8-K
Filing Table of Contents

Document/Exhibit                   Description                      Pages   Size 

 1: 8-K         Current Report                                        78±   377K 


Document Table of Contents

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11st Page   -   Filing Submission
"Item 1.03 -. Bankruptcy or Receivership
"Item 9.01 -. Financial Statements and Exhibits


UNITED STATES SECURITIES AND EXCHANGE COMMISSION Washington D.C. 20549 FORM 8-K CURRENT REPORT Pursuant to Section 13 or 15(d) of The Securities Exchange Act of 1934 August 06, 2007 Date of Report (Date of earliest event reported): American Home Mortgage Assets Trust 2007-1 (Exact name of issuing entity as specified in its charter) American Home Mortgage Corp. (Exact name of sponsor as specified in its charter) American Home Mortgage Assets LLC (Exact name of depositor as specified in its charter) New York 333-136999-03 54-2198735 (State or other (Commission 54-2198736 jurisdiction File Number) 54-2198737 of incorporation) 54-2198738 (IRS Employer Identification No.) Wells Fargo Bank, N.A. 9062 Old Annapolis Road Columbia, MD 21045 (Address of principal executive offices) (Zip Code) (410) 884-2000 (Registrant's telephone number, including area code) Not Applicable (Former name or former address, if changed since last report) Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions (see General Instruction A.2. below): [ ] Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425) [ ] Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12) [ ] Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b)) [ ] Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c)) Section 1 - Registrant's Business and Operations Item 1.03 - Bankruptcy or Receivership. On August 6, 2007 American Home Mortgage Acceptance, Inc., American Home Mortgage Corp., American Home Mortgage Investment Corp., American Home Mortgage Servicing, Inc. and certain related entities filed petitions under Chapter 11 of the Bankruptcy Code, 11 U.S.C. section 101 et seq., in the United States Bankruptcy Court for the District of Delaware. These proceedings are being jointly administered under Case No. 07-11047 (CSS). Please see Exhibit 99.1, 99.2, 99.3 and 99.4 for the various petitions filed with the United States Bankruptcy Court for the District of Delaware. Section 9 - Financial Statements and Exhibits Item 9.01 - Financial Statements and Exhibits. Exhibits Exhibit Number Description 99.1 United States Bankruptcy Court District of Delaware Voluntary Chapter 11 Petition- American Home Mortgage Acceptance, Inc. 99.2 United States Bankruptcy Court District of Delaware Voluntary Chapter 11 Petition- American Home Mortgage Corp. 99.3 United States Bankruptcy Court District of Delaware Voluntary Chapter 11 Petition- American Home Mortgage Investment Corp. 99.4 United States Bankruptcy Court District of Delaware Voluntary Chapter 11 Petition- American Home Mortgage Servicing, Inc. SIGNATURES Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized. American Home Mortgage Assets Trust 2007-1 (Issuing Entity) By: Wells Fargo Bank, N.A. as Master Servicer By: /s/ Elisabeth A. Brewster as Vice President By: Elisabeth A. Brewster as Vice President Date: August 9, 2007 Exhibits Exhibit Number Description 99.1 United States Bankruptcy Court District of Delaware Voluntary Chapter 11 Petition- American Home Mortgage Acceptance, Inc. 99.2 United States Bankruptcy Court District of Delaware Voluntary Chapter 11 Petition- American Home Mortgage Corp. 99.3 United States Bankruptcy Court District of Delaware Voluntary Chapter 11 Petition- American Home Mortgage Investment Corp. 99.4 United States Bankruptcy Court District of Delaware Voluntary Chapter 11 Petition- American Home Mortgage Servicing, Inc. EX-99.1 Official Form 1 (04/07) United States Bankruptcy Court DISTRICT OF DELAWARE Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): American Home Mortgage Acceptance, Inc. All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): AHM Acceptance, Inc. Last four digits of Soc. Sec./Complete EIN or other Tax I.D. No. (if more than one, state all): 20-0201979 Street Address of Debtor (No. and Street, City, and State): 538 Broadhollow Road Melville, NY ZIP CODE 11747 County of Residence or of the Principal Place of Business: Suffolk County, NY Mailing Address of Debtor (if different from street address): ZIP CODE ------------------------------------------------------------ Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec./Complete EIN or other Tax I.D. No. (if more than one, state all): Street Address of Joint Debtor (No. and Street, City, and State): ZIP CODE County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor (if different from street address): ZIP CODE Location of Principal Assets of Business Debtor (if different from street address above): ZIP CODE -------------------------------------------------------------------------------- Type of Debtor (Form of Organization) (Check one box) |_| Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. |X| Corporation (includes LLC and LLP) |_| Partnership |_| Other (If debtor is not one of the above entities, check this box and state type of entity below.) Nature of Business (Check one box.) |_| Health Care Business |_| Single Asset Real Estate as defined in 11 U.S.C. Section 101(51B) |_| Railroad |_| Stockbroker |_| Commodity Broker |_| Clearing Bank |X| Other Tax-Exempt Entity (Check box, if applicable.) |_| Debtor is a tax-exempt organization under Title 26 of the United States Code (the Internal Revenue Code). Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box.) | | Chapter 7 |_| Chapter 9 |X| Chapter 11 |_| Chapter 12 |_| Chapter 13 |_| Chapter 15 Petition for Recognition of a Foreign Main Proceeding |_| Chapter 15 Petition for Recognition of a Foreign Nonmain Proceeding Nature of Debts (Check one box.) |_| Debts are primarily consumer debts, defined in 11 U.S.C. Section 101(8) as "incurred by an individual primarily for a personal, family, or house-hold purpose." |X| Debts are primarily business debts. -------------------------------------------------------------------------------- Filing Fee (Check one box.) |X| Full Filing Fee attached. |_| Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. |_| Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B. -------------------------------------------------------------------------------- Chapter 11 Debtors Check one box: |_| Debtor is a small business debtor as defined in 11 U.S.C. Section 101(51D). |X| Debtor is not a small business debtor as defined in 11 U.S.C. Section 101(51D). Check if: |_| Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,190,000. ------------------------------------------------------------ Check all applicable boxes: |_| A plan is being filed with this petition. |_| Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. Section 1126(b). -------------------------------------------------------------------------------- Statistical/Administrative Information |X| Debtor estimates that funds will be available for distribution to unsecured creditors. | | Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. -------------------------------------------------------------------------------- Estimated Number of Creditors* 1- 50- 100- 200- 1,000- 5,001- 10,001- 25,001 50,001- OVER 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 |_| |_| |_| |_| |_| |_| | | |_| |_| |X| Estimated Assets* |_|$0 to |_|$10,000 to |_|$100,000 to |_|$1 million to |X|More than $100 $10,000 $100,000 $l million $l00 million million Estimated Liabilities* |_|$0 to |_|$50,000 to |_|$100,000 to |_|$1 million to |X|More than $100 $50,000 $100,000 $l million $l00 million million THIS SPACE IS FOR COURT USE ONLY * The estimated number of creditors, assets and liabilities is on a consolidated basis. (page) Official Form 1 (04/07) Form B1, Page 2 Voluntary Petition (This page must be completed and filed in every case.) Name of Debtor(s): American Home Mortgage Acceptance, Inc. -------------------------------------------------------------------------------- All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.) -------------------------------------------------------------------------------- Location Where Filed: Not Applicable Case Number: Date Filed: Location Where Filed: Case Number: Date Filed: -------------------------------------------------------------------------------- Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet.) -------------------------------------------------------------------------------- Name of Debtor: See Attached Schedule 1 Case Number: Date Filed: District: Relationship: Judge: -------------------------------------------------------------------------------- Exhibit A (To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) |_| Exhibit A is attached and made a part of this petition. -------------------------------------------------------------------------------- Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, and have explained the relief available under each such chapter. I further certify that I have delivered to the debtor the notice required by 11 U.S.C. Section 342(b). X Signature of Attorney for Debtor(s) Date -------------------------------------------------------------------------------- Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? |_| Yes, and Exhibit C is attached and made a part of this petition. |X| No. -------------------------------------------------------------------------------- Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) |_| Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: |_| Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. -------------------------------------------------------------------------------- Information Regarding the Debtor - Venue (Check any applicable box.) |_| Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. |x| There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. |_| Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. -------------------------------------------------------------------------------- Statement by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes.) |_| Landlord has a judgment against the debtor for possession of debtor's resident. (If box checked, complete the following.) (Name of landlord that obtained judgment) (Address of landlord) |_| Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and |_| Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. (page) Official Form 1 (04/07) Form B1, Page 3 Voluntary Petition (This page must be completed and filed in every case.) Name of Debtor(s): American Home Mortgage Acceptance, Inc. -------------------------------------------------------------------------------- Signatures -------------------------------------------------------------------------------- Signature(s) of Debtor(s) (Individual/Joint) I declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I have obtained and read the notice required by 11 U.S.C. Section 342(b). I request relief in accordance with the chapter of title 11 United States Code, specified in this petition. X Signature of Debtor X Signature of Joint Debtor Telephone Number (If not represented by attorney) Date -------------------------------------------------------------------------------- Signature of Attorney X /s/ Pauline K. Morgan Signature of Attorney for Debtor(s) James L. Patton, Jr., Esq. Pauline K. Morgan, Esq. Young Conaway Stargatt & Taylor, LLP The Brandywine Building 1000 West Street, 17th Floor Wilmington, Delaware 19801 Telephone (302) 571-6600 and Facsimile (302) 571-1253 8-6-07 Date -------------------------------------------------------------------------------- Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11 United States Code specified in this petition. X /s/ Michael Strauss Signature of Authorized Individual Michael Strauss Printed Name of Authorized Individual Chief Executive Officer Title of Authorized Individual 8/6/07 Date -------------------------------------------------------------------------------- Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor in a foreign proceeding, and that I am authorized to file this petition. (Check only one box.) I request relief in accordance with chapter 15 of title 11, United States Code. Certified copies of the documents required by 11 U.S.C. Section 1515 are attached. Pursuant to 11 U.S.C. Section 1511, I request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. X (Signature of Foreign Representative) (Printed Name of Foreign Representative) Date -------------------------------------------------------------------------------- Signature of Non-Attorney Bankruptcy Petition Preparer I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. Section 110; (2) I have prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. Subsection 110(b), 110(h), and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. Section 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. Official Form 19B is attached. Printed Name and title, if any, of Bankruptcy Petition Preparer Social Security Number (If the bankruptcy petition preparer is not an individual, state the Social Security number of the officer, principal, reasonable person, or partner of the bankruptcy petition preparer.) (Required by 11 USC Section 110.) Address X Date Signature of bankruptcy petition preparer or officer, principal, responsible person, or partner whose Social Security number is provided above. Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual. If more than one person prepared this document, attach additional sheets conforming to the appropriate form for each person. A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both 11 U.S.C. Section 110; 18 U.S.C. Section 156. (page) Schedule 1 Including the debtor in this chapter 11 case, the following affiliated debtors simultaneously have filed voluntary chapter 11 petitions in this Court. Contemporaneously with the filing of these petitions, such entities filed a motion requesting that their chapter 11 cases be consolidated for procedural purposes only and jointly administered. American Home Mortgage Acceptance, Inc. American Home Mortgage Corp. American Home Mortgage Holdings, Inc. American Home Mortgage Investment Corp. American Home Mortgage Servicing, Inc. American Home Mortgage Ventures LLC Great Oak Abstract Corp. Homegate Settlement Services, Inc. (page) IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------- X In re: : Chapter 11 : AMERICAN HOME MORTGAGE HOLDINGS, INC., : Case No. 07-[ ] ( ) a Delaware corporation, et al., : : Jointly Administered Debtors. : ---------------------------------------- X CONSOLIDATED LIST OF CREDITORS HOLDING 40 LARGEST UNSECURED CLAIMS American Home Mortgage Holdings, Inc. ("AHM Holdings"), a Delaware corporation, and certain of its direct and indirect affiliates and subsidiaries, the debtors and debtors in possession in the above cases (collectively, the "Debtors"),^1 filed a voluntary petition in this Court for relief under chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Subsection 101, et seq. This list of creditors holding the 40 largest unsecured claims (the "Top 40 List") has been prepared on a consolidated basis, from the Debtors' books and records as of August 3, 2007. The Top 40 List was prepared in accordance with rule 1007(d) of the Federal Rules of Bankruptcy Procedure for filing in the Debtors' chapter 11 cases. The Top 40 List does not include: (1) persons who come within the definition of an "insider" set forth in 11 U.S.C. Section 101(31); or (2) secured creditors, unless the value of the collateral is such that the unsecured deficiency places the creditor among the holders of the 40 largest unsecured claims. The information presented in the Top 40 List shall not constitute an admission by, nor is it binding on, the Debtors. The information presented herein, including, without limitation (a) the failure of the Debtors to list any claim as contingent, unliquidated, disputed or subject to a setoff or (b) the listing of any claim as unsecured, does not constitute an admission by the Debtors that the secured lenders listed hold any deficiency claims, nor does it constitute a waiver of the Debtors' rights to contest the validity, priority, nature, characterization and/or amount of any claim. 1 The Debtors in these cases, along with the last four digits of each Debtor's federal tax identification number, are: AHM Holdings (6303); American Home Mortgage Investment Corp. ("AHM Investment"), a Maryland corporation (3914); American Home Mortgage Acceptance, Inc. ("AHM Acceptance"), a Maryland corporation (1979); American Home Mortgage Servicing, Inc. ("AHM Servicing"), a Maryland corporation (7267); American Home Mortgage Corp. ("AHM Corp."), a New York corporation (1558); American Home Mortgage Ventures LLC ("AHM Ventures"), a Delaware limited liability company (1407); Homegate Settlement Services, Inc. ("Homegate"), a New York corporation (7491); and Great Oak Abstract Corp. ("Great Oak"), a New York corporation (8580). The address for all of the Debtors is 538 Broadhollow Road, Melville, New York 11747, except for AHM Servicing, whose address is 4600 Regent Blvd., Suite 200, Irving, Texas 75063. (page) [Enlarge/Download Table] Rank Name of creditor Telephone number and Nature of Indicate if Amount of complete mailing address, claim (trade claim is claim [if including zip code, of debt, bank contingent, secured also employee, agent, or loan, unliquidated, state value of department of creditor government disputed or security] familiar with claim who may contract, etc.) subject to be contacted setoff^1 U N C L O I D N Q I T U S I I P N D U G A T E T E N E D T D 1 Deutsche Bank 31 West 52nd Street Loan X Unliquidated 3rd Floor NYC01-0304 Repurchase New York, NY 10019 Request Tel: (212) 250-7675 Fax: (212) 797-0521 2 Wilmington Trust Rodney Square North, Convertible X Unliquidated Company, as 100 North Market Street, Trust Debenture Trustee Wilmington, Delaware 19890 Preferred - Telecopy: (302) 636-4140 AHM Capital Telephone: (302) 651-1000 Trust I Attention: Corporate Capital Markets - AHM Capital Trust I 3 JPMorgan Chase 194 Wood Avenue South Loan X Unliquidated Bank, NA Floor 3 Repurchase Iselin, NJ 08830 Request Tel: (732) 452-8781 Fax: (732) 352-7511 4 Countrywide Capital 20 N. Acoma Blvd. Loan X Unliquidated Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 5 Wilmington Trust Rodney Square North, 1100 Trust Preferred X Unliquidated Company, as North Market Street, - Baylis Trust Trustee Wilmington, Delaware 19890- III 0001 Attn: Corporate Capital Markets 6 Bank of America, 901 Main Street, 66th Fl. Loan X Unliquidated N.A. Dallas, TX 75202 Repurchase Tel: (214) 209-9170 Request Fax: (214) 209-0338 7 JPMorgan Chase 600 Travis, 50th Floor Trust Preferred X Unliquidated Bank, National Houston, Texas 77019 - Baylis Trust I Association, as Attn: Institutional Trust Services Trustee - Baylis Trust I 8 JPMorgan Chase 600 Travis, 50th Floor, Trust Preferred X Unliquidated Bank, National Houston, Texas 77019 - Baylis Trust II Association, as Attn: Institutional Trust Services Trustee - Baylis Trust II 9 JPMorgan Chase 600 Travis, 50th Floor, Trust Preferred X Unliquidated Bank, National Houston, Texas 77019 - Baylis Trust Association, as Attn: Institutional Trust Services IV Trustee - Baylis Trust IV 10 JPMorgan Chase 600 Travis, 50th Floor, Houston, Trust Preferred X Unliquidated Bank, National Texas 77002, Attn: Baylis Trust - Baylis Trust Association, as V, Madassir Mohamed V Trustee tel: (713) 216-2826 11 Citigroup 390 Greenwich Street, 6th Fl. Loan X Unliquidated New York, NY 10013 Repurchase Tel: 212-733-6353 Request Fax: 212-723-8613 12 Countrywide Capital 20 N. Acoma Blvd. Loan X Unliquidated Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 13 Morgan Stanley 1585 Broadway Loan X Unliquidated New York, NY 10036 Repurchase Tel: (212) 761-4000 Request Fax: (212) 507 4622 14 Wells Fargo Bank, 919 North Market Street Trust Preferred X Unliquidated N.A., as Trustee Suite 700 - Baylis Trust Wilmington, Delaware 19801 VIII Attn: Corporate Trust Department - Baylis Trust VIII 15 SunTrust Asset Mail Code 3950 Loan X Unliquidated Funding, LLC 303 Peachtree Street, 23rd Floor Repurchase Atlanta, Georgia 30308 Request Attn: Tony D. Atkins Tel: (404) 813-5244 Fax: (404) 813-5000 with a copy to: SunTrust Banks, Inc. 303 Peachtree Street, 36th Floor Atlanta, Georgia 30308 Attn: Woodruff A. Polk Tel: (404) 813-7094 Fax: (404) 581-1637 16 Impac Funding 1401 Dove Street, Suite 100, Loan X Unliquidated Corporation Newport Beach, CA 92660, Repurchase Attn: Client Administration Request Tel: (800) 597-4101 Fax: (949) 260-4504 17 Wilmington Trust Rodney Square North Trust preferred X Unliquidated Company, as 1100 North Market Street - Baylis Trust Trustee Wilmington, Delaware 19890- VI 0001 Attn: Corporate Capital Markets 18 Bear, Stearns & Government Operations Master X Unliquidated Co. Inc. 1 Metrotech Center North Repurchase 7th Floor Agreement Brooklyn, New York 11201- 3859 Attn: Sr. Managing Director Tel: (212) 272-1203 19 Bank of America, Agency Management Warehouse X Unliquidated N.A. Mail Code: CA5-701-05-19 Facility 1455 Market Street, 5th Floor San Francisco, CA 94103 Attention: Anthea Del Bianco Vice President Telephone No.: (415) 436-2776 Facsimile No.: (415) 503-5101 Bank of America, N.A. Portfolio Management Mail Code: TXl-492-66-01 901 Main Street, 66th Floor Dallas, TX 75202-3714 Attention: Elizabeth Kurilecz Senior Vice President Telephone No.: (214) 209-0975 Facsimile No.: (214) 209-1027 20 Citigroup Global 390 Greenwich Street, 6th Floor Loan X Unliquidated Markets Realty New York, New York 10013 Repurchase Corp Attn: Peter Steinmetz Request 21 Bank of America, Sears Tower Swap X Unliquidated N.A. 233 South Wacker Drive, Suite Counterparty 2800 (Commercial Chicago, IL 60606 Paper Facility) Attention: Swap Operations Facsimile No.: 312-453-2787 Bank of America, N.A., 1133 Avenue of the Americas, 17th Floor New York, NY 10036 Attn: Ronald Jost Tel: 646-216-5311 Fax: 646-733-4090 22 Wilmington Trust Rodney Square North, 1100 Trust preferred X Unliquidated Company, as North Market Street, - Baylis Trust Trustee Wilmington, Delaware 19890- VII 0001, Attn: Corporate Capital Markets 23 Wells Fargo 420 Montgomery Street Loan X Unliquidated San Francisco, CA 94104 Repurchase Request 24 Countrywide 20 N. Acoma Blvd. Loan X Unliquidated Capital Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 25 Nomura Credit & 2 World Financial Center, Loan X Unliquidated Capital, Inc. Building B, 21st Floor, New Repurchase York, New York 10281, Request Attn: Dante LaRocca, Managing Director; with a copy to NCCI Legal, 18th Floor Fax: (212) 667-1024 26 Liquid Funding, Canon's Court Master X Unliquidated Ltd. 22 Victoria Street Repurchase Hamilton HM 12 Bermuda Agreement Attn: Corporate Secretary With a copy in all cases to: Bear Stearns Bank plc, Investment Manager of Liquid Funding, Ltd., Block 8, Harcourt Centre Charlotte Way Dublin 2, Ireland Attn: Jerome Schneider / Patrick Phelan Tel: (353-1) 402-6358, Fax: (353-1) 402-6308 27 EMC 383 Madison Avenue Loan X Unliquidated New York, NY Repurchase Tel: 212) 272-6458 Request Fax: (212) 272-7382 28 Greenwich Capital 600 Steamboat Road Loan X Unliquidated Financial Greenwich, Connecticut 06830 Repurchase Products, Inc. Attn: Mortgage Finance Request With copies to: Greenwich Capital Financial Products, Inc. 600 Steamboat Road Greenwich, Connecticut 06830 Attn: Legal and to: Greenwich Capital Financial Products, Inc., 600 Steamboat Road Tel: (203) 625-2700 29 Lehman Brothers 745 Seventh Avenue Master X Unliquidated Inc. and Lehman 28th Floor Repurchase Commercial Paper New York, New York 10019 Agreement Inc. Attn: Robert Guglielmo, Senior Vice President Transaction Management Tel: (212) 526-7121 Fax: (212) 526-7672 30 HSBC Bank 452 Fifth Avenue, 10th Fl. Loan X Unliquidated New York, NY 10018 Repurchase Tel: (212) 525-5040 Request Fax: (646) 366-3826 31 UBS 1251 Avenue of the Americas Loan X Unliquidated New York, NY 10019 Repurchase Tel: (212) 713-3734 Request Fax: (212) 882-3597 32 Lehman Brothers c/o Lehman Brothers Derivative X Unliquidated Special Financing, Transaction Management Transaction Inc 745 Seventh Avenue, 28th Floor (Swap) New York, NY 10019 Attn: Documentation Manager Tel: 212-526-7187 Fax: 212-526-7672 33 FNMA 3900 Wisconsin Avenue, NW Loan X Unliquidated Washington, DC 20016-2892 Repurchase Tel: (202) 752-7000 Request Request 34 Washington 3200 Southwest Freeway Loan X Unliquidated Mutual Bank, FA Houston, TX 77027 Repurchase Tel: (713) 543-6141 Request Fax: (713) 543-6727 35 Luminent Mtg Suite 1350 101 California St. Loan X Unliquidated (Barclays) San Francisco CA 94111 Repurchase Tel: (415) 217-4500 Request 37 IndyMac Bank, 3465 East Foothill Boulevard, Loan X Unliquidated F.S.B. Pasadena, California 91107 Repurchase Request 38 Morgan Stanley Transaction Management Group Derivative X Unliquidated Capital Services 1585 Broadway Transaction Inc. New York, NY 10036-8293 (Swap) Attn: Chief Legal Officer Fax: (212) 507 4622 39 Credit Suisse First Eleven Madison Avenue Loan X Unliquidated Boston New York, NY 10010 Repurchase Tel: (212) 325-2000 Request Fax: (212) 325-6665 40 GMAC 600 Galleria Parkway, 15th Fl Loan X Unliquidated Atlanta, GA 30339 Repurchase Tel: (678) 324-2146 Request Fax: (770) 859-0148 <FN> 1 As noted above, the Debtors reserve their rights to dispute the claims on this schedule on any basis. </FN> (page) IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------- X In re: : Chapter 11 : AMERICAN HOME MORTGAGE HOLDINGS, INC., : Case No. 07-[ ] ( ) a Delaware corporation, et al. : : Jointly Administered Debtors. : ---------------------------------------- X DECLARATION CONCERNING THE DEBTORS' CONSOLIDATED LIST OF CREDITORS HOLDING THE 40 LARGEST UNSECURED CLAIMS I, Michael Strauss, Chief Executive Officer of American Home Mortgage Holdings, Inc., a Delaware corporation, and the entity named as the debtor in this case, declare under penalty of perjury under the laws of the United States of America that I have reviewed the foregoing Consolidated List of Creditors holding the 40 Largest Unsecured Claims submitted herewith and that the information contained therein is true and correct to the best of my information and belief: Date: August 6, 2007 /s/ Michael Strauss Michael Strauss Chief Executive Officer -3- (page) RESOLUTIONS OF BOARD OF DIRECTORS OF AMERICAN HOME MORTGAGE ACCEPTANCE, INC. The Board of Directors of American Home Mortgage Acceptance, Inc. (the "Company"), a Maryland corporation, hereby adopts the following resolutions, as the action of the Board of Directors of the Company. WHEREAS, the Board of Directors has reviewed and considered the financial and operational condition of the Company and the Company's business on the date hereof, including the historical performance of the Company, the assets of the Company, the current and long-term liabilities of the Company, the market for the Company's products and services, and mortgage industry and credit market conditions; WHEREAS, the Board of Directors has received, reviewed and considered the recommendations of the senior management of the Company and the Company's legal, financial and other advisors as to the relative risks and benefits of pursuing a bankruptcy proceeding under the provisions of Chapter 11 of Title 11 of the United States Code; NOW, THEREFORE, BE IT RESOLVED that, in the judgment of the Board of Directors, it is desirable and in the best interests of the Company, its creditors, stockholders and other interested parties, that a voluntary petition be filed by the Company under the provisions of Chapter 11 of Title 11 of the United States Code; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized to execute and file on behalf of the Company all petitions, schedules, lists and other papers or documents, and to take any and all action which they deem necessary or proper to obtain such relief; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to employ the law firm of Young Conaway Stargatt & Taylor, LLP as general bankruptcy counsel to the Company to represent and assist the Company in carrying out its duties under Title 11 of the United States Code, and to take any and all actions to advance the Company's rights, including the preparation of pleadings and filings in the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed appropriate application for authority to retain the services of Young Conaway Stargatt & Taylor, LLP; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to enter into that certain management services agreement between Kroll Zolfo Cooper LLC and the Company, and pursuant thereto and hereto, Stephen F. Cooper and Kevin Nystrom, of Kroll Zolfo Cooper LLC, be and hereby are, authorized, empowered and directed to represent the Company, as its Chief Restructuring Officer and Director of Restructuring, respectively, in connection with any case commenced by it under the Bankruptcy Code; RESOLVED FURTHER, that the officers of the Company be, and they hereby are, authorized and directed to employ Milestone Advisors, LLC, as investment banker, with regard to the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate (page) retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of Milestone Advisors, LLC; RESOLVED FURTHER, that the officers of the Company be, and they hereby are, authorized and directed to employ Phoenix Capital, Inc., as investment banker, with regard to the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of Phoenix Capital, Inc.; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to employ any other individual and/or firm as professionals or consultants or financial advisors to the Company as are deemed necessary to represent and assist the Company in carrying out its duties under Title 11 of the United States Code, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of such firms; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and empowered to obtain post-petition financing according to terms negotiated, or to be negotiated, by management of the Company, including under debtor-in-possession credit facilities or relating to the use of cash collateral; and to enter into any guarantees and to pledge and grant liens on its assets as may be contemplated by or required under the terms of such post-petition financing or cash collateral agreements; and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate loan agreements, cash collateral agreements and related ancillary documents; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and empowered for, in the name of, and on behalf of the Company, to take or cause to be taken any and all such other and further action, and to execute, acknowledge, deliver and file any and all such instruments as each, in his or her discretion, may deem necessary or advisable in order to carry out the purpose and intent of the foregoing resolutions; and RESOLVED FURTHER that all of the acts and transactions relating to matters contemplated by the foregoing resolutions of management and members of the Board of Directors of the Company, in the name and on behalf of the Company, which acts would have been approved by the foregoing resolutions except that such acts were taken prior to the execution of these resolutions, are hereby in all respects confirmed, approved and ratified. -2- (page) AMERICAN HOME MORTGAGE ACCEPTANCE, INC. SECRETARIAL CERTIFICATE The undersigned, Alan Horn, Secretary of American Home Mortgage Acceptance, Inc. (the "Company"), a Maryland corporation, hereby certifies as follows: 1. I am the duly qualified and elected Secretary of the Company and, as such, am familiar with the facts herein certified, and I am duly authorized to certify same on behalf of the Company. 2. Attached hereto is a true and complete copy of the Resolutions of the Board of Directors of the Company, duly adopted at a properly convened meeting of the Board of Directors on August 5, 2007, by unanimous vote of the directors, in accordance with the by-laws of the Company. 3. Such resolutions have not been amended, altered, annulled, rescinded or revoked and are in full force and effect as of the date hereof. There exist no other subsequent resolutions of the Board of Directors of the Company relating to the matters set forth in the resolutions attached hereto. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the 5th day of August, 2007. /s/ Alan Horn Alan Horn Secretary EX-99.2 Official Form 1 (04/07) United States Bankruptcy Court DISTRICT OF DELAWARE Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): American Home Mortgage Corp. All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec./Complete EIN or other Tax I.D. No. (if more than one, state all): 13-3461558 Street Address of Debtor (No. and Street, City, and State): 538 Broadhollow Road Melville, NY ZIP CODE 11747 County of Residence or of the Principal Place of Business: Suffolk, NY Mailing Address of Debtor (if different from street address): ZIP CODE ------------------------------------------------------------ Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec./Complete EIN or other Tax I.D. No. (if more than one, state all): Street Address of Joint Debtor (No. and Street, City, and State): ZIP CODE County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor (if different from street address): ZIP CODE Location of Principal Assets of Business Debtor (if different from street address above): ZIP CODE -------------------------------------------------------------------------------- Type of Debtor (Form of Organization) (Check one box.) |_| Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. |X| Corporation (includes LLC and LLP) |_| Partnership |_| Other (If debtor is not one of the above entities, check this box and state type of entity below.) Nature of Business (Check one box.) |_| Health Care Business |_| Single Asset Real Estate as defined in 11 U.S.C. Section 101(51B) |_| Railroad |_| Stockbroker |_| Commodity Broker |_| Clearing Bank |X| Other Tax-Exempt Entity (Check box, if applicable.) |_| Debtor is a tax-exempt organization under Title 26 of the United States Code (the Internal Revenue Code). Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box.) | | Chapter 7 |_| Chapter 9 |X| Chapter 11 |_| Chapter 12 |_| Chapter 13 |_| Chapter 15 Petition for Recognition of a Foreign Main Proceeding |_| Chapter 15 Petition for Recognition of a Foreign Nonmain Proceeding Nature of Debts (Check one box.) |_| Debts are primarily consumer debts, defined in 11 U.S.C. Section 101(8) as "incurred by an individual primarily for a personal, family, or house-hold purpose." |X| Debts are primarily business debts. -------------------------------------------------------------------------------- Filing Fee (Check one box.) |X| Full Filing Fee attached. |_| Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. |_| Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B. -------------------------------------------------------------------------------- Chapter 11 Debtors Check one box: |_| Debtor is a small business debtor as defined in 11 U.S.C. Section 101(51D) |X| Debtor is not a small business debtor as defined in 11 U.S.C. Section 101(51D). Check if: |_| Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,190,000. ------------------------------------------------------------ Check all applicable boxes: |_| A plan is being filed with this petition. |_| Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. Section 1126(b). -------------------------------------------------------------------------------- Statistical/Administrative Information |X| Debtor estimates that funds will be available for distribution to unsecured creditors. | | Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. -------------------------------------------------------------------------------- Estimated Number of Creditors* 1- 50- 100- 200- 1,000- 5,001- 10,001- 25,001 50,001- OVER 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 |_| |_| |_| |_| |_| |_| | | |_| |_| |X| Estimated Assets* |_|$0 to |_|$10,000 to |_|$100,000 to |_|$1 million to |X|More than $100 $10,000 $100,000 $l million $l00 million million Estimated Liabilities* |_|$0 to |_|$50,000 to |_|$100,000 to |_|$1 million to |X|More than $100 $50,000 $100,000 $l million $l00 million million THIS SPACE IS FOR COURT USE ONLY * The estimated number of creditors, assets and liabilities is on a consolidated basis. (page) Official Form 1 (04/07) Form B1, Page 2 Voluntary Petition (This page must be completed and filed in every case.) Name of Debtor(s): American Home Mortgage Corp. -------------------------------------------------------------------------------- All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.) -------------------------------------------------------------------------------- Location Where Filed: Not Applicable Case Number: Date Filed: Location Where Filed: Case Number: Date Filed: -------------------------------------------------------------------------------- Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet.) -------------------------------------------------------------------------------- Name of Debtor: See Attached Schedule 1 Case Number: Date Filed: District: Relationship: Judge: -------------------------------------------------------------------------------- Exhibit A (To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) |_| Exhibit A is attached and made a part of this petition. -------------------------------------------------------------------------------- Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, and have explained the relief available under each such chapter. I further certify that I have delivered to the debtor the notice required by 11 U.S.C. Section 342(b). X Signature of Attorney for Debtor(s) Date -------------------------------------------------------------------------------- Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? |_| Yes, and Exhibit C is attached and made a part of this petition. |X| No. -------------------------------------------------------------------------------- Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) |_| Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: |_| Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. -------------------------------------------------------------------------------- Information Regarding the Debtor - Venue (Check any applicable box.) |_| Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. |X| There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. |_| Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. -------------------------------------------------------------------------------- Statement by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes.) |_| Landlord has a judgment against the debtor for possession of debtor's residence. (If box checked, complete the following.) X (Name of landlord that obtained judgment) X (Address of landlord) |_| Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and |_| Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. (page) Official Form 1 (04/07) Form B1, Page 3 Voluntary Petition (This page must be completed and filed in every case.) Name of Debtor(s): American Home Mortgage Corp. -------------------------------------------------------------------------------- Signatures -------------------------------------------------------------------------------- Signature(s) of Debtor(s) (Individual/Joint) I declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I have obtained and read the notice required by 11 U.S.C. Section 342(b). I request relief in accordance with the chapter of title 11 United States Code, specified in this petition. X Signature of Debtor X Signature of Joint Debtor Telephone Number (If not represented by attorney) Date -------------------------------------------------------------------------------- Signature of Attorney X /s/ Pauline K. Morgan Signature of Attorney for Debtor(s) James L. Patton, Jr., Esq. Pauline K. Morgan, Esq. Young Conaway Stargatt & Taylor, LLP The Brandywine Building 1000 West Street, 17th Floor Wilmington, Delaware 19801 Telephone (302) 571-6600 and Facsimile (302) 571-1253 8-6-07 Date -------------------------------------------------------------------------------- Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11 United States Code specified in this petition. X /s/ Michael Strauss Signature of Authorized Individual Michael Strauss Printed Name of Authorized Individual Chief Executive Officer Title of Authorized Individual 8/6/07 Date -------------------------------------------------------------------------------- Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor in a foreign proceeding and that I am authorized to file this petition. (Check only one box.) I request relief in accordance with chapter 15 of title 11, United States Code. Certified copies of the documents required by 11 U.S.C. Section 1515 are attached. Pursuant to 11 U.S.C. Section 1511, I request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. X (Signature of Foreign Representative) (Printed Name of Foreign Representative) Date -------------------------------------------------------------------------------- Signature of Non-Attorney Bankruptcy Petition Preparer I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. Section 110; (2) I have prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. Subsection 110(b), 110(h), and 342(b); and, (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. Section 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. Official Form 19B is attached. Printed Name and title, if any, of Bankruptcy Petition Preparer Social Security Number (If the bankruptcy petition preparer is not an individual, state the Social Security number of the officer, principal, responsible person or partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. Section 110.) Address X Date Signature of bankruptcy petition preparer or officer, principal, responsible person, or partner whose Social Security number is provided above. Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual. If more than one person prepared this document, attach additional sheets conforming to the appropriate form for each person. A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both 11 U.S.C. Section 110; 18 U.S.C. Section 156. (page) SCHEDULE 1 Including the debtor in this chapter 11 case, the following affiliated debtors simultaneously have filed voluntary chapter 11 petitions in this Court. Contemporaneously with the filing of these petitions, such entities filed a motion requesting that their chapter 11 cases be consolidated for procedural purposes only and jointly administered. American Home Mortgage Acceptance, Inc. American Home Mortgage Corp. American Home Mortgage Holdings, Inc. American Home Mortgage Investment Corp. American Home Mortgage Servicing, Inc. American Home Mortgage Ventures LLC Great Oak Abstract Corp. Homegate Settlement Services, Inc. (page) IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------- X In re: : Chapter 11 : AMERICAN HOME MORTGAGE HOLDINGS, INC., : Case No. 07-[ ] ( ) a Delaware corporation, et al., : : Jointly Administered Debtors. : ---------------------------------------- X CONSOLIDATED LIST OF CREDITORS HOLDING 40 LARGEST UNSECURED CLAIMS American Home Mortgage Holdings, Inc. ("AHM Holdings"), a Delaware corporation, and certain of its direct and indirect affiliates and subsidiaries, the debtors and debtors in possession in the above cases (collectively, the "Debtors"),^1 filed a voluntary petition in this Court for relief under chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Subsection 101, et seq. This list of creditors holding the 40 largest unsecured claims (the "Top 40 List") has been prepared on a consolidated basis, from the Debtors' books and records as of August 3, 2007. The Top 40 List was prepared in accordance with rule 1007(d) of the Federal Rules of Bankruptcy Procedure for filing in the Debtors' chapter 11 cases. The Top 40 List does not include: (1) persons who come within the definition of an "insider" set forth in 11 U.S.C. Section 101(31); or (2) secured creditors, unless the value of the collateral is such that the unsecured deficiency places the creditor among the holders of the 40 largest unsecured claims. The information presented in the Top 40 List shall not constitute an admission by, nor is it binding on, the Debtors. The information presented herein, including, without limitation (a) the failure of the Debtors to list any claim as contingent, unliquidated, disputed or subject to a setoff or (b) the listing of any claim as unsecured, does not constitute an admission by the Debtors that the secured lenders listed hold any deficiency claims, nor does it constitute a waiver of the Debtors' rights to contest the validity, priority, nature, characterization and/or amount of any claim. 1 The Debtors in these cases, along with the last four digits of each Debtor's federal tax identification number, are: AHM Holdings (6303); American Home Mortgage Investment Corp. ("AHM Investment"), a Maryland corporation (3914); American Home Mortgage Acceptance, Inc. ("AHM Acceptance"), a Maryland corporation (1979); American Home Mortgage Servicing, Inc. ("AHM Servicing"), a Maryland corporation (7267); American Home Mortgage Corp. ("AHM Corp."), a New York corporation (1558); American Home Mortgage Ventures LLC ("AHM Ventures"), a Delaware limited liability company (1407); Homegate Settlement Services, Inc. ("Homegate"), a New York corporation (7491); and Great Oak Abstract Corp. ("Great Oak"), a New York corporation (8580). The address for all of the Debtors is 538 Broadhollow Road, Melville, New York 11747, except for AHM Servicing, whose address is 4600 Regent Blvd., Suite 200, Irving, Texas 75063. (page) [Enlarge/Download Table] Rank Name of creditor Telephone number and Nature of Indicate if Amount of complete mailing address, claim (trade claim is claim [if including zip code, of debt, bank contingent, secured also employee, agent, or loan, unliquidated, state value of department of creditor government disputed or security] familiar with claim who may contract, etc.) subject to be contacted setoff^1 U N C L O I D N Q I T U S I I P N D U G A T E T E N E D T D 1 Deutsche Bank 31 West 52nd Street Loan X Unliquidated 3rd Floor NYC01-0304 Repurchase New York, NY 10019 Request Tel: (212) 250-7675 Fax: (212) 797-0521 2 Wilmington Trust Rodney Square North, Convertible X Unliquidated Company, as 100 North Market Street, Trust Debenture Trustee Wilmington, Delaware 19890 Preferred - Telecopy: (302) 636-4140 AHM Capital Telephone: (302) 651-1000 Trust I Attention: Corporate Capital Markets - AHM Capital Trust I 3 JPMorgan Chase 194 Wood Avenue South Loan X Unliquidated Bank, NA Floor 3 Repurchase Iselin, NJ 08830 Request Tel: (732) 452-8781 Fax: (732) 352-7511 4 Countrywide Capital 20 N. Acoma Blvd. Loan X Unliquidated Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 5 Wilmington Trust Rodney Square North, 1100 Trust X Unliquidated Company, as North Market Street, Preferred - Trustee Wilmington, Delaware 19890- Baylis Trust 0001 III Attn: Corporate Capital Markets 6 Bank of America, 901 Main Street, 66th Fl. Loan X Unliquidated N.A. Dallas, TX 75202 Repurchase Tel: (214) 209-9170 Request Fax: (214) 209-0338 7 JPMorgan Chase 600 Travis, 50th Floor Trust X Unliquidated Bank, National Houston, Texas 77019 Preferred - Association, as Attn: Institutional Trust Services Baylis Trust I Trustee - Baylis Trust I 8 JPMorgan Chase 600 Travis, 50th Floor, Trust X Unliquidated Bank, National Houston, Texas 77019 Preferred - Association, as Attn: Institutional Trust Services Baylis Trust II Trustee - Baylis Trust II 9 JPMorgan Chase 600 Travis, 50th Floor, Trust X Unliquidated Bank, National Houston, Texas 77019 Preferred - Association, as Attn: Institutional Trust Services Baylis Trust Trustee - Baylis Trust IV IV 10 JPMorgan Chase 600 Travis, 50th Floor, Houston, Trust X Unliquidated Bank, National Texas 77002, Attn: Baylis Trust Preferred - Association, as V, Madassir Mohamed Baylis Trust Trustee tel: (713) 216-2826 V 11 Citigroup 390 Greenwich Street, 6th Fl. Loan X Unliquidated New York, NY 10013 Repurchase Tel: 212-733-6353 Request Fax: 212-723-8613 12 Countrywide Capital 20 N. Acoma Blvd. Loan X Unliquidated Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 13 Morgan Stanley 1585 Broadway Loan X Unliquidated New York, NY 10036 Repurchase Tel: (212) 761-4000 Request Fax: (212) 507 4622 14 Wells Fargo Bank, 919 North Market Street Trust X Unliquidated N.A., as Trustee Suite 700 Preferred - Wilmington, Delaware 19801 Baylis Trust Attn: Corporate Trust VIII Department - Baylis Trust VIII 15 SunTrust Asset Mail Code 3950 Loan X Unliquidated Funding, LLC 303 Peachtree Street, 23rd Floor Repurchase Atlanta, Georgia 30308 Request Attn: Tony D. Atkins Tel: (404) 813-5244 Fax: (404) 813-5000 with a copy to: SunTrust Banks, Inc. 303 Peachtree Street, 36th Floor Atlanta, Georgia 30308 Attn: Woodruff A. Polk Tel: (404) 813-7094 Fax: (404) 581-1637 16 Impac Funding 1401 Dove Street, Suite 100, Loan X Unliquidated Corporation Newport Beach, CA 92660, Repurchase Attn: Client Administration Request Tel: (800) 597-4101 Fax: (949) 260-4504 17 Wilmington Trust Rodney Square North Trust preferred X Unliquidated Company, as 1100 North Market Street - Baylis Trust Trustee Wilmington, Delaware 19890- VI 0001 Attn: Corporate Capital Markets 18 Bear, Stearns & Government Operations Master X Unliquidated Co. Inc. 1 Metrotech Center North Repurchase 7th Floor Agreement Brooklyn, New York 11201- 3859 Attn: Sr. Managing Director Tel: (212) 272-1203 19 Bank of America, Agency Management Warehouse X Unliquidated N.A. Mail Code: CA5-701-05-19 Facility 1455 Market Street, 5th Floor San Francisco, CA 94103 Attention: Anthea Del Bianco Vice President Telephone No.: (415) 436-2776 Facsimile No.: (415) 503-5101 Bank of America, N.A. Portfolio Management Mail Code: TX1-492-66-01 901 Main Street, 66th Floor Dallas, TX 75202-3714 Attention: Elizabeth Kurilecz Senior Vice President Telephone No.: (214) 209-0975 Facsimile No.: (214) 209-1027 20 Citigroup Global 390 Greenwich Street, 6th Floor Loan X Unliquidated Markets Realty New York, New York 10013 Repurchase Corp Attn: Peter Steinmetz Request 21 Bank of America, Sears Tower Swap X Unliquidated N.A. 233 South Wacker Drive, Suite Counterparty 2800 (Commercial Chicago, IL 60606 Paper Facility) Attention: Swap Operations Facsimile No.: 312-453-2787 Bank of America, N.A., 1133 Avenue of the Americas, 17th Floor New York, NY 10036 Attn: Ronald Jost Tel: 646-216-5311 Fax: 646-733-4090 22 Wilmington Trust Rodney Square North, 1100 Trust preferred X Unliquidated Company, as North Market Street, - Baylis Trust Trustee Wilmington, Delaware 19890- VII 0001, Attn: Corporate Capital Markets 23 Wells Fargo 420 Montgomery Street Loan X Unliquidated San Francisco, CA 94104 Repurchase Request 24 Countrywide 20 N. Acoma Blvd. Loan X Unliquidated Capital Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 25 Nomura Credit & 2 World Financial Center, Loan X Unliquidated Capital, Inc. Building B, 21st Floor, New Repurchase York, New York 10281, Request Attn: Dante LaRocca, Managing Director; with a copy to NCCI Legal, 18th Floor Fax: (212) 667-1024 26 Liquid Funding, Canon's Court Master X Unliquidated Ltd. 22 Victoria Street Repurchase Hamilton HM 12 Bermuda Agreement Attn: Corporate Secretary With a copy in all cases to: Bear Stearns Bank plc, Investment Manager of Liquid Funding, Ltd., Block 8, Harcourt Centre Charlotte Way Dublin 2, Ireland Attn: Jerome Schneider / Patrick Phelan Tel: (353-1) 402-6358, Fax: (353-1) 402-6308 27 EMC 383 Madison Avenue Loan X Unliquidated New York, NY Repurchase Tel: 212) 272-6458 Request Fax: (212) 272-7382 28 Greenwich Capital 600 Steamboat Road Loan X Unliquidated Financial Greenwich, Connecticut 06830 Repurchase Products, Inc. Attn: Mortgage Finance Request With copies to: Greenwich Capital Financial Products, Inc. 600 Steamboat Road Greenwich, Connecticut 06830 Attn: Legal and to: Greenwich Capital Financial Products, Inc., 600 Steamboat Road Tel: (203) 625-2700 29 Lehman Brothers 745 Seventh Avenue Master X Unliquidated Inc. and Lehman 28th Floor Repurchase Commercial Paper New York, New York 10019 Agreement Inc. Attn: Robert Guglielmo, Senior Vice President Transaction Management Tel: (212) 526-7121 Fax: (212) 526-7672 30 HSBC Bank 452 Fifth Avenue, 10th Fl. Loan X Unliquidated New York, NY 10018 Repurchase Tel: (212) 525-5040 Request Fax: (646) 366-3826 31 UBS 1251 Avenue of the Americas Loan X Unliquidated New York, NY 10019 Repurchase Tel: (212) 713-3734 Request Fax: (212) 882-3597 32 Lehman Brothers c/o Lehman Brothers Derivative X Unliquidated Special Financing, Transaction Management Transaction Inc 745 Seventh Avenue, 28th Floor (Swap) New York, NY 10019 Attn: Documentation Manager Tel: 212-526-7187 Fax: 212-526-7672 33 FNMA 3900 Wisconsin Avenue, NW Loan X Unliquidated Washington, DC 20016-2892 Repurchase Tel: (202) 752-7000 Request 34 Washington 3200 Southwest Freeway Loan X Unliquidated Mutual Bank, FA Houston, TX 77027 Repurchase Tel: (713) 543-6141 Request Fax: (713) 543-6727 35 Luminent Mtg Suite 1350 101 California St. Loan X Unliquidated (Barclays) San Francisco CA 94111 Repurchase Tel: (415) 217-4500 Request 37 IndyMac Bank, 3465 East Foothill Boulevard, Loan X Unliquidated F.S.B. Pasadena, California 91107 Repurchase Request 38 Morgan Stanley Transaction Management Group Derivative X Unliquidated Capital Services 1585 Broadway Transaction Inc. New York, NY 10036-8293 (Swap) Attn: Chief Legal Officer Fax: (212) 507 4622 39 Credit Suisse First Eleven Madison Avenue Loan X Unliquidated Boston New York, NY 10010 Repurchase Tel: (212) 325-2000 Request Fax: (212) 325-6665 40 GMAC 600 Galleria Parkway, 15th Fl Loan X Unliquidated Atlanta, GA 30339 Repurchase Tel: (678) 324-2146 Request Fax: (770) 859-0148 <FN> 1 As noted above, the Debtors reserve their rights to dispute the claims on this schedule on any basis. </FN> (page) IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------- X In re: : Chapter 11 : AMERICAN HOME MORTGAGE HOLDINGS, INC., : Case No. 07-[ ] ( ) a Delaware corporation, et al., : : Jointly Administered Debtors. : ---------------------------------------- X DECLARATION CONCERNING THE DEBTORS' CONSOLIDATED LIST OF CREDITORS HOLDING THE 40 LARGEST UNSECURED CLAIMS I, Michael Strauss, Chief Executive Officer of American Home Mortgage Holdings, Inc., a Delaware corporation, and the entity named as the debtor in this case, declare under penalty of perjury under the laws of the United States of America that I have reviewed the foregoing Consolidated List of Creditors holding the 40 Largest Unsecured Claims submitted herewith and that the information contained therein is true and correct to the best of my information and belief. Date: August 6, 2007 /s/ Michael Strauss Michael Strauss Chief Executive Officer -3- (page) RESOLUTIONS OF BOARD OF DIRECTORS OF AMERICAN HOME MORTGAGE CORP. The Board of Directors of American Home Mortgage Corp. (the "Company"), a New York corporation, hereby adopts the following resolutions, as the action of the Board of Directors of the Company. WHEREAS, the Board of Directors has reviewed and considered the financial and operational condition of the Company and the Company's business on the date hereof, including the historical performance of the Company, the assets of the Company, the current and long-term liabilities of the Company, the market for the Company's products and services, and mortgage industry and credit market conditions; WHEREAS, the Board of Directors has received, reviewed and considered the recommendations of the senior management of the Company and the Company's legal, financial and other advisors as to the relative risks and benefits of pursuing a bankruptcy proceeding under the provisions of Chapter 11 of Title 11 of the United States Code; NOW, THEREFORE, BE IT RESOLVED that, in the judgment of the Board of Directors, it is desirable and in the best interests of the Company, its creditors, stockholders and other interested parties, that a voluntary petition be filed by the Company under the provisions of Chapter 11 of Title 11 of the United States Code; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized to execute and file on behalf of the Company all petitions, schedules, lists and other papers or documents, and to take any and all action which they deem necessary or proper to obtain such relief; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to employ the law firm of Young Conaway Stargatt & Taylor, LLP as general bankruptcy counsel to the Company to represent and assist the Company in carrying out its duties under Title 11 of the United States Code, and to take any and all actions to advance the Company's rights, including the preparation of pleadings and filings in the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of Young Conaway Stargatt & Taylor, LLP; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to enter into that certain management services agreement between Kroll Zolfo Cooper LLC and the Company, and pursuant thereto and hereto, Stephen F. Cooper and Kevin Nystrom, of Kroll Zolfo Cooper LLC, be and hereby are, authorized, empowered and directed to represent the Company, as its Chief Restructuring Officer and Director of Restructuring, respectively, in connection with any case commenced by it under the Bankruptcy Code; RESOLVED FURTHER, that the officers of the Company be, and they hereby are, authorized and directed to employ Milestone Advisors, LLC, as investment banker, with regard to the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate (page) retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of Milestone Advisors, LLC; RESOLVED FURTHER, that the officers of the Company be, and they hereby are, authorized and directed to employ Phoenix Capital, Inc., as investment banker, with regard to the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of Phoenix Capital, Inc.; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to employ any other individual and/or firm as professionals or consultants or financial advisors to the Company as are deemed necessary to represent and assist the Company in carrying out its duties under Title 11 of the United States Code, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of such firms; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and empowered to obtain post-petition financing according to terms negotiated, or to be negotiated, by management of the Company, including under debtor-in-possession credit facilities or relating to the use of cash collateral; and to enter into any guarantees and to pledge and grant liens on its assets as may be contemplated by or required under the terms of such post-petition financing or cash collateral agreements; and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate loan agreements, cash collateral agreements and related ancillary documents; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and empowered for, in the name of, and on behalf of the Company, to take or cause to be taken any and all such other and further action, and to execute, acknowledge, deliver and file any and all such instruments as each, in his or her discretion, may deem necessary or advisable in order to carry out the purpose and intent of the foregoing resolutions; and RESOLVED FURTHER that all of the acts and transactions relating to matters contemplated by the foregoing resolutions of management and members of the Board of Directors of the Company, in the name and on behalf of the Company, which acts would have been approved by the foregoing resolutions except that such acts were taken prior to the execution of these resolutions, are hereby in all respects confirmed, approved and ratified. -2- (page) AMERICAN HOME MORTGAGE CORP. SECRETARIAL CERTIFICATE The undersigned, Alan Horn, Secretary of American Home Mortgage Corp. (the "Company"), a New York corporation, hereby certifies as follows: 1. I am the duly qualified and elected Secretary of the Company and, as such, am familiar with the facts herein certified, and I am duly authorized to certify same on behalf of the Company. 2. Attached hereto is a true and complete copy of the Resolutions of the Board of Directors of the Company, duly adopted at a properly convened meeting of the Board of Directors on August 5th, 2007, by unanimous vote of the directors, in accordance with the by-laws of the Company. 3. Such resolutions have not been amended, altered, annulled, rescinded or revoked and are in full force and effect as of the date hereof. There exist no other subsequent resolutions of the Board of Directors of the Company relating to the matters set forth in the resolutions attached hereto. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the 5th day of August, 2007. /s/ Alan Horn Alan Horn Secretary EX-99.3 Official Form 1 (04/07) United States Bankruptcy Court District of Delaware Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): American Home Mortgage Investment Corp. All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec./Complete EIN or other Tax I.D. No. (if more than one, state all): 20-0103914 Street Address of Debtor (No. and Street, City, and State): 538 Broadhollow Road Melville, NY ZIP CODE 11747 County of Residence or of the Principal Place of Business: Suffolk County, NY Mailing Address of Debtor (if different from street address): ZIP CODE ------------------------------------------------------------ Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec./Complete EIN or other Tax I.D. No. (if more than one, state all): Street Address of Joint Debtor (No. and Street, City, and State): ZIP CODE County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor (if different from street address): ZIP CODE Location of Principal Assets of Business Debtor (if different from street address above): ZIP CODE -------------------------------------------------------------------------------- Type of Debtor (Form of Organization) (Check one box.) |_| Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. |X| Corporation (includes LLC and LLP) |_| Partnership |_| Other (If debtor is not one of the above entities, check this box and state type of entity below.) Nature of Business (Check one box.) |_| Health Care Business |_| Single Asset Real Estate as defined in 11 U.S.C. Section 101(51B) |_| Railroad |_| Stockbroker |_| Commodity Broker |_| Clearing Bank |X| Other Tax-Exempt Entity (Check box, if applicable.) |_| Debtor is a tax-exempt organization under Title 26 of the United States Code (the Internal Revenue Code). Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box) | | Chapter 7 |_| Chapter 9 |X| Chapter 11 |_| Chapter 12 |_| Chapter 13 |_| Chapter 15 Petition for Recognition of a Foreign Main Proceeding |_| Chapter 15 Petition for Recognition of a Foreign Nonmain Proceeding Nature of Debts (Check one box.) |_| Debts are primarily consumer debts, defined in 11 U.S.C. Section 101(8) as "incurred by an individual primarily for a personal, family, or house-hold purpose." |X| Debts are primarily business debts. -------------------------------------------------------------------------------- Filing Fee (Check one box) |X| Full Filing Fee attached. |_| Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. |_| Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B. -------------------------------------------------------------------------------- Chapter 11 Debtors Check one box: |_| Debtor is a small business debtor as defined in 11 U.S.C. Section 101(51D) |X| Debtor is not a small business debtor as defined in 11 U.S.C. Section 101(51D). Check if: |_| Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,190,000. ------------------------------------------------------------ Check all applicable boxes: |_| A plan is being filed with this petition. |_| Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. Section 1126(b). -------------------------------------------------------------------------------- Statistical/Administrative Information |X| Debtor estimates that funds will be available for distribution to unsecured creditors. | | Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. -------------------------------------------------------------------------------- Estimated Number of Creditors* 1- 50- 100- 200- 1,000- 5,001- 10,001- 25,001 50,001- OVER 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 |_| |_| |_| |_| |_| |_| | | |_| |_| |X| Estimated Assets* |_|$0 to |_|$10,000 to |_|$100,000 to |_|$1 million to |X|More than $100 $10,000 $100,000 $l million $l00 million million Estimated Liabilities* |_|$0 to |_|$50,000 to |_|$100,000 to |_|$1 million to |X|More than $100 $50,000 $100,000 $l million $l00 million million THIS SPACE IS FOR COURT USE ONLY * The estimated number of creditors, assets and liabilities is on a consolidated basis. (page) Official Form 1 (04/07) Form B1, Page 2 Voluntary Petition (This page must be completed and filed in every case.) Name of Debtor(s): American Home Mortgage Investment Corp. -------------------------------------------------------------------------------- All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.) -------------------------------------------------------------------------------- Location Where Filed: Not Applicable Case Number: Date Filed: Location Where Filed: Case Number: Date Filed: -------------------------------------------------------------------------------- Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet.) -------------------------------------------------------------------------------- Name of Debtor: See Attached Schedule 1 Case Number: Date Filed: District: Relationship: Judge: -------------------------------------------------------------------------------- Exhibit A (To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) |X| Exhibit A is attached and made a part of this petition. -------------------------------------------------------------------------------- Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, and have explained the relief available under each such chapter. I further certify that I have delivered to the debtor the notice required by 11 U.S.C. Section 342(b). X Signature of Attorney for Debtor(s) Date -------------------------------------------------------------------------------- Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? |_| Yes, and Exhibit C is attached and made a part of this petition. |X| No. -------------------------------------------------------------------------------- Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) |_| Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: |_| Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. -------------------------------------------------------------------------------- Information Regarding the Debtor - Venue (Check any applicable box.) |_| Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. |x| There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. |_| Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. -------------------------------------------------------------------------------- Statement by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes.) |_| Landlord has a judgment against the debtor for possession of debtor's resident. (If box checked, complete the following.) (Name of landlord that obtained judgment) (Address of landlord) |_| Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and |_| Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. (page) Official Form 1 (04/07) Form B1, Page 3 Voluntary Petition (This page must be completed and filed in every case.) Name of Debtor(s): American Home Mortgage Investment Corp. -------------------------------------------------------------------------------- Signatures -------------------------------------------------------------------------------- Signature(s) of Debtor(s) (Individual/Joint) I declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I have obtained and read the notice required by 11 U.S.C. Section 342(b). I request relief in accordance with the chapter of title 11 United States Code, specified in this petition. X Signature of Debtor X Signature of Joint Debtor Telephone Number (If not represented by attorney) Date -------------------------------------------------------------------------------- Signature of Attorney X /s/ Pauline K. Morgan Signature of Attorney for Debtor(s) James L. Patton, Jr., Esq. Pauline K. Morgan, Esq. Young Conaway Stargatt & Taylor, LLP The Brandywine Building 1000 West Street, 17th Floor Wilmington, Delaware 19801 Telephone (302) 571-6600 and Facsimile (302) 571-1253 8-6-07 Date -------------------------------------------------------------------------------- Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11 United States Code specified in this petition. X /s/ Michael Strauss Signature of Authorized Individual Michael Strauss Printed Name of Authorized Individual Chief Executive Officer Title of Authorized Individual 8/6/07 Date -------------------------------------------------------------------------------- Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor in a foreign proceeding and that I am authorized to file this petition. (Check only one box.) I request relief in accordance with chapter 15 of title 11, United States Code. Certified copies of the documents required by 11 U.S.C. Section 1515 are attached. Pursuant to 11 U.S.C. Section 1511, I request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. X (Signature of Foreign Representative) (Printed Name of Foreign Representative) Date -------------------------------------------------------------------------------- Signature of Non-Attorney Bankruptcy Petition Preparer I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. Section 110; (2) I have prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. Subsection 110(b), 110(h), and 342(b); and (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. Section 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor as required in that section. Official Form 19B is attached. Printed Name and title, if any, of Bankruptcy Petition Preparer Social Security Number (If the bankruptcy petition preparer is not an individual, state the Social Security number of the officer, principal, reasonable person, or partner of the bankruptcy petition preparer.) (Required by 11 U.S.C Section 110.) Address X Date Signature of bankruptcy petition Preparer or officer, principal, responsible person, or partner whose Social Security number is provided above. Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual. If more than one person prepared this document, attach additional sheets conforming to the appropriate form for each person. A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both 11 U.S.C. Section 110; 18 U.S.C. Section 156. (page) SCHEDULE 1 Including the debtor in this chapter 11 case, the following affiliated debtors simultaneously have filed voluntary chapter 11 petitions in this Court. Contemporaneously with the filing of these petitions, such entities filed a motion requesting that their chapter 11 cases be consolidated for procedural purposes only and jointly administered. American Home Mortgage Acceptance, Inc. American Home Mortgage Corp. American Home Mortgage Holdings, Inc. American Home Mortgage Investment Corp. American Home Mortgage Servicing, Inc. American Home Mortgage Ventures LLC Great Oak Abstract Corp. Homegate Settlement Services, Inc. (page) UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------- X In re: : Chapter 11 : AMERICAN HOME MORTGAGE HOLDINGS, INC., : Case No. 07-[ ] ( ) a Delaware corporation, et al., : : Jointly Administered Debtors. : ---------------------------------------- X EXHIBIT "A" TO VOLUNTARY PETITION^1 1. If any of the Debtor's securities are registered under Section 12 of the Securities and Exchange Act of 1934, the SEC file number is 001-31916. 2. The following financial data (which is consolidated among all the Debtors and certain non-debtor affiliates) is the latest available information on the Debtors' condition as of March 31,2007.^2 a. Total assets (Book Value) $20,553,935,000 b. Total debts (including debts listed in 2.c., below) $19,330,191,000 c. None of Debtors' debt obligations are held by more than 500 record holders. d. As of July 27,2007 the Debtor has 54,307,410 shares of common stock issued and outstanding. e. The Debtor and its direct and indirect, debtor and non-debtor subsidiaries (collectively, "AHM") are in the business of originating, servicing and investing in residential mortgage and securitized loans. AHM is one of the largest residential mortgage lenders in the United States, operating its loan origination business through hundreds of retail and wholesale loan production offices in 47 states and the District of Columbia. In addition, AHM's businesses include a title abstract business and a vendor management company. AHM also owns a bank and participates in mortgage lending joint ventures. 1 The following financial data shall not constitute an admission of liability by the Debtor. The Debtor reserves all rights to assert that any debt or claim listed herein as liquidated or fixed is in fact a disputed claim or debt. The Debtor also reserves all rights to challenge the priority, nature, amount or status of a claim or debt. 2 Excluding intercompany liabilities for the purposes of consolidated reporting herein. (page) 3. The following persons directly or indirectly own, control, or hold, with power to vote, 5% or more of the voting securities of the Debtor:^3 American Home Mortgage Investment Corp. 5% Shareholders [Download Table] Shareholder Name Number of Shares Michael Strauss 4,542,106 Chief Executive Officer American Home Mortgage Investment Corp. 538 Broadhollow Road Melville, NY 11747 Goldman Sachs Asset Management, L.P. 3,599,996 32 Old Slip New York, NY 10005 Munder Capital Management 3,434,538 Munder Capital Center 480 Pierce Street Birmingham, MI 48009 NWQ Investment Management Company, LLC 2,905,623 2049 Century Park East, 16th Floor Los Angeles, CA 90067 3 The determination that there were no other persons known to the Debtor to beneficially own 5% or more of the Debtor's voting securities was based on a review of all statements filed with the U.S. Securities and Exchange Commission with respect to the Debtor pursuant to Section 13(d) or 13(g) of the Securities Exchange Act of 1934, as amended, since the beginning of the Debtor's fiscal year. -2- (page) IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------- X In re: : Chapter 11 : AMERICAN HOME MORTGAGE HOLDINGS, INC., : Case No. 07-[ ] ( ) a Delaware corporation, et al. : : Jointly Administered Debtors. : ---------------------------------------- X CONSOLIDATED LIST OF CREDITORS HOLDING 40 LARGEST UNSECURED CLAIMS American Home Mortgage Holdings, Inc. ("AHM Holdings"), a Delaware corporation, and certain of its direct and indirect affiliates and subsidiaries, the debtors and debtors in possession in the above cases (collectively, the "Debtors"),^4 filed a voluntary petition in this Court for relief under chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Subsection 101, et seq. This list of creditors holding the 40 largest unsecured claims (the "Top 40 List") has been prepared on a consolidated basis, from the Debtors' books and records as of August 3, 2007. The Top 40 List was prepared in accordance with rule 1007(d) of the Federal Rules of Bankruptcy Procedure for filing in the Debtors' chapter 11 cases. The Top 40 List does not include: (1) persons who come within the definition of an "insider" set forth in 11 U.S.C. Section 101(31); or (2) secured creditors, unless the value of the collateral is such that the unsecured deficiency places the creditor among the holders of the 40 largest unsecured claims. The information presented in the Top 40 List shall not constitute an admission by, nor is it binding on, the Debtors. The information presented herein, including, without limitation (a) the failure of the Debtors to list any claim as contingent, unliquidated, disputed or subject to a set off or (b) the listing of any claim as unsecured, does not constitute an admission by the Debtors that the secured lenders listed hold any deficiency claims, nor does it constitute a waiver of the Debtors' rights to contest the validity, priority, nature, characterization and/or amount of any claim. 4 The Debtors in these cases, along with the last four digits of each Debtor's federal tax identification number, are: AHM Holdings (6303); American Home Mortgage Investment Corp. ("AHM Investment'), a Maryland corporation (3914); American Home Mortgage Acceptance, Inc. ("AHM Acceptance"), a Maryland corporation (1979); American Home Mortgage Servicing, Inc. ("AHM Servicing"), a Maryland corporation (7267); American Home Mortgage Corp. ("AHM Corp."), a New York corporation (1558); American Home Mortgage Ventures LLC ("AHM Ventures"), a Delaware limited liability company (1407); Homegate Settlement Services, Inc. ("Homegate"), a New York corporation (7491); and Great Oak Abstract Corp. ("Great Oak"), a New York corporation (8580). The address for all of the Debtors is 538 Broadhollow Road, Melville, New York 11747, except for AHM Servicing, whose address is 4600 Regent Blvd., Suite 200, Irving, Texas 75063. (page) [Enlarge/Download Table] Rank Name of creditor Telephone number and Nature of Indicate if Amount of complete mailing address, claim (trade claim is claim [if including zip code, of debt, bank contingent, secured also employee, agent, or loan, unliquidated, state value of department of creditor government disputed or security] familiar with claim who may contract, etc.) subject to be contacted setoff^1 U N C L O I D N Q I T U S I I P N D U G A T E T E N E D T D 1 Deutsche Bank 31 West 52nd Street Loan X Unliquidated 3rd Floor NYC01-0304 Repurchase New York, NY 10019 Request Tel: (212) 250-7675 Fax: (212) 797-0521 2 Wilmington Trust Rodney Square North, Convertible X Unliquidated Company, as 100 North Market Street, Trust Debenture Trustee Wilmington, Delaware 19890 Preferred - Telecopy: (302) 636-4140 AHM Capital Telephone: (302) 651-1000 Trust I Attention: Corporate Capital Markets - AHM Capital Trust I 3 JPMorgan Chase 194 Wood Avenue South Loan X Unliquidated Bank, NA Floor 3 Repurchase Iselin, NJ 08830 Request Tel: (732) 452-8781 Fax: (732) 352-7511 4 Countrywide Capital 20 N. Acoma Blvd. Loan X Unliquidated Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 5 Wilmington Trust Rodney Square North, 1100 Trust Preferred X Unliquidated Company, as North Market Street, - Baylis Trust Trustee Wilmington, Delaware 19890- III 0001 Attn: Corporate Capital Markets 6 Bank of America, 901 Main Street, 66th Fl. Loan X Unliquidated N.A. Dallas, TX 75202 Repurchase Tel: (214) 209-9170 Request Fax: (214) 209-0338 7 JPMorgan Chase 600 Travis, 50th Floor Trust Preferred X Unliquidated Bank, National Houston, Texas 77019 - Baylis Trust I Association, as Attn: Institutional Trust Services Trustee - Baylis Trust I 8 JPMorgan Chase 600 Travis, 50th Floor, Trust Preferred X Unliquidated Bank, National Houston, Texas 77019 - Baylis Trust II Association, as Attn: Institutional Trust Services Trustee - Baylis Trust II 9 JPMorgan Chase 600 Travis, 50th Floor, Trust Preferred X Unliquidated Bank, National Houston, Texas 77019 - Baylis Trust Association, as Attn: Institutional Trust Services IV Trustee - Baylis Trust IV 10 JPMorgan Chase 600 Travis, 50th Floor, Houston, Trust Preferred X Unliquidated Bank, National Texas 77002, Attn: Baylis Trust - Baylis Trust Association, as V, Madassir Mohamed V Trustee tel: (713) 216-2826 11 Citigroup 390 Greenwich Street, 6th Fl. Loan X Unliquidated New York, NY 10013 Repurchase Tel: 212-733-6353 Request Fax: 212-723-8613 12 Countrywide Capital 20 N. Acoma Blvd. Loan X Unliquidated Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 13 Morgan Stanley 1585 Broadway Loan X Unliquidated New York, NY 10036 Repurchase Tel: (212) 761-4000 Request Fax: (212) 507 4622 14 Wells Fargo Bank, 919 North Market Street Trust Preferred X Unliquidated N.A., as Trustee Suite 700 - Baylis Trust Wilmington, Delaware 19801 VIII Attn: Corporate Trust Department - Baylis Trust VIII 15 SunTrust Asset Mail Code 3950 Loan X Unliquidated Funding, LLC 303 Peachtree Street, 23rd Floor Repurchase Atlanta, Georgia 30308 Request Attn: Tony D. Atkins Tel: (404) 813-5244 Fax: (404) 813-5000 with a copy to: SunTrust Banks, Inc. 303 Peachtree Street, 36th Floor Atlanta, Georgia 30308 Attn: Woodruff A. Polk Tel: (404) 813-7094 Fax: (404) 581-1637 16 Impac Funding 1401 Dove Street, Suite 100, Loan X Unliquidated Corporation Newport Beach, CA 92660, Repurchase Attn: Client Administration Request Tel: (800) 597-4101 Fax: (949) 260-4504 17 Wilmington Trust Rodney Square North Trust preferred X Unliquidated Company, as 1100 North Market Street - Baylis Trust Trustee Wilmington, Delaware 19890- VI 0001 Attn: Corporate Capital Markets 18 Bear, Stearns & Government Operations Master X Unliquidated Co. Inc. 1 Metrotech Center North Repurchase 7th Floor Agreement Brooklyn, New York 11201- 3859 Attn: Sr. Managing Director Tel: (212) 272-1203 19 Bank of America, Agency Management Warehouse X Unliquidated N.A. Mail Code: CA5-701-05-19 Facility 1455 Market Street, 5th Floor San Francisco, CA 94103 Attention: Anthea Del Bianco Vice President Telephone No.: (415) 436-2776 Facsimile No.: (415) 503-5101 Bank of America, N.A. Portfolio Management Mail Code: TXl-492-66-01 901 Main Street, 66th Floor Dallas, TX 75202-3714 Attention: Elizabeth Kurilecz Senior Vice President Telephone No.: (214) 209-0975 Facsimile No.: (214) 209-1027 20 Citigroup Global 390 Greenwich Street, 6th Floor Loan X Unliquidated Markets Realty New York, New York 10013 Repurchase Corp Attn: Peter Steinmetz Request 21 Bank of America, Sears Tower Swap X Unliquidated N.A. 233 South Wacker Drive, Suite Counterparty 2800 (Commercial Chicago, IL 60606 Paper Facility) Attention: Swap Operations Facsimile No.: 312-453-2787 Bank of America, N.A., 1133 Avenue of the Americas, 17th Floor New York, NY 10036 Attn: Ronald Jost Tel: 646-216-5311 Fax: 646-733-4090 22 Wilmington Trust Rodney Square North, 1100 Trust preferred X Unliquidated Company, as North Market Street, - Baylis Trust Trustee Wilmington, Delaware 19890- VII 0001, Attn: Corporate Capital Markets 23 Wells Fargo 420 Montgomery Street Loan X Unliquidated San Francisco, CA 94104 Repurchase Request 24 Countrywide 20 N. Acoma Blvd. Loan X Unliquidated Capital Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 25 Nomura Credit & 2 World Financial Center, Loan X Unliquidated Capital, Inc. Building B, 21st Floor, New Repurchase York, New York 10281, Request Attn: Dante LaRocca, Managing Director; with a copy to NCCI Legal, 18th Floor Fax: (212) 667-1024 26 Liquid Funding, Canon's Court Master X Unliquidated Ltd. 22 Victoria Street Repurchase Hamilton HM 12 Bermuda Agreement Attn: Corporate Secretary With a copy in all cases to: Bear Stearns Bank plc, Investment Manager of Liquid Funding, Ltd., Block 8, Harcourt Centre Charlotte Way Dublin 2, Ireland Attn: Jerome Schneider / Patrick Phelan Tel: (353-1) 402-6358, Fax: (353-1) 402-6308 27 EMC 383 Madison Avenue Loan X Unliquidated New York, NY Repurchase Tel: 212) 272-6458 Request Fax: (212) 272-7382 28 Greenwich Capital 600 Steamboat Road Loan X Unliquidated Financial Greenwich, Connecticut 06830 Repurchase Products, Inc. Attn: Mortgage Finance Request With copies to: Greenwich Capital Financial Products, Inc. 600 Steamboat Road Greenwich, Connecticut 06830 Attn: Legal and to: Greenwich Capital Financial Products, Inc., 600 Steamboat Road Tel: (203) 625-2700 29 Lehman Brothers 745 Seventh Avenue Master X Unliquidated Inc. and Lehman 28th Floor Repurchase Commercial Paper New York, New York 10019 Agreement Inc. Attn: Robert Guglielmo, Senior Vice President Transaction Management Tel: (212) 526-7121 Fax: (212) 526-7672 30 HSBC Bank 452 Fifth Avenue, 10th Fl. Loan X Unliquidated New York, NY 10018 Repurchase Tel: (212) 525-5040 Request Fax: (646) 366-3826 31 UBS 1251 Avenue of the Americas Loan X Unliquidated New York, NY 10019 Repurchase Tel: (212) 713-3734 Request Fax: (212) 882-3597 32 Lehman Brothers c/o Lehman Brothers Derivative X Unliquidated Special Financing, Transaction Management Transaction Inc 745 Seventh Avenue, 28th Floor (Swap) New York, NY 10019 Attn: Documentation Manager Tel: 212-526-7187 Fax: 212-526-7672 33 FNMA 3900 Wisconsin Avenue, NW Loan X Unliquidated Washington, DC 20016-2892 Repurchase Tel: (202) 752-7000 Request Request 34 Washington 3200 Southwest Freeway Loan X Unliquidated Mutual Bank, FA Houston, TX 77027 Repurchase Tel: (713) 543-6141 Request Fax: (713) 543-6727 35 Luminent Mtg Suite 1350 101 California St. Loan X Unliquidated (Barclays) San Francisco CA 94111 Repurchase Tel: (415) 217-4500 Request 37 IndyMac Bank, 3465 East Foothill Boulevard, Loan X Unliquidated F.S.B. Pasadena, California 91107 Repurchase Request 38 Morgan Stanley Transaction Management Group Derivative X Unliquidated Capital Services 1585 Broadway Transaction Inc. New York, NY 10036-8293 (Swap) Attn: Chief Legal Officer Fax: (212) 507 4622 39 Credit Suisse First Eleven Madison Avenue Loan X Unliquidated Boston New York, NY 10010 Repurchase Tel: (212) 325-2000 Request Fax: (212) 325-6665 40 GMAC 600 Galleria Parkway, 15th Fl Loan X Unliquidated Atlanta, GA 30339 Repurchase Tel: (678) 324-2146 Request Fax: (770) 859-0148 <FN> 1 As noted above, the Debtors reserve their rights to dispute the claims on this schedule on any basis. </FN> (page) IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------- X In re: : Chapter 11 : AMERICAN HOME MORTGAGE HOLDINGS, INC., : Case No. 07-[ ] ( ) a Delaware corporation, et al. : : Jointly Administered Debtors. : ---------------------------------------- X DECLARATION CONCERNING THE DEBTORS' CONSOLIDATED LIST OF CREDITORS HOLDING THE 40 LARGEST UNSECURED CLAIMS I, Michael Strauss, Chief Executive Officer of American Home Mortgage Holdings, Inc., a Delaware corporation, and the entity named as the debtor in this case, declare under penalty of perjury under the laws of the United States of America that I have reviewed the foregoing Consolidated List of Creditors holding the 40 Largest Unsecured Claims submitted herewith and that the information contained therein is true and correct to the best of my information and belief: Date: August 6, 2007 /s/ Michael Strauss Michael Strauss Chief Executive Officer -3- (page) RESOLUTIONS OF THE BOARD OF DIRECTORS OF AMERICAN HOME MORTGAGE INVESTMENT CORP. The Board of Directors of American Home Mortgage Investment Corp. (the "Company"), a Maryland corporation, hereby adopts the following resolutions, as the action of the Board of Directors of the Company: WHEREAS, the Board of Directors has reviewed and considered the financial and operational condition of the Company and the Company's business on the date hereof, including the historical performance of the Company, the assets of the Company, the current and long-term liabilities of the Company, the market for the Company's products and services, and mortgage industry and credit market conditions; WHEREAS, the Board of Directors has received, reviewed and considered the recommendations of the senior management of the Company and the Company's legal, financial and other advisors as to the relative risks and benefits of pursuing a bankruptcy proceeding under the provisions of Chapter 11 of Title 11 of the United States Code ("Chapter 11"); NOW, THEREFORE, BE IT RESOLVED that, in the judgment of the Board of Directors, it is desirable and in the best interests of the Company, its creditors, stockholders and other interested parties, that a voluntary petition be filed by the Company under the provisions of Chapter 11; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized to execute and file on behalf of the Company all petitions, schedules, lists and other papers or documents, and to take any and all action which they deem necessary or proper to obtain such relief; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to employ the law firm of Young Conaway Stargatt & Taylor, LLP as general bankruptcy counsel, to the Company to represent and assist the Company in carrying out its duties under Title 11 of the United States Code (the "Bankruptcy Code"), and to take any and all actions to advance the Company's rights, including the preparation of pleadings and filings in the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed appropriate applications for authority to retain the services of Young Conaway Stargatt & Taylor, LLP; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to enter into that certain management services agreement between Kroll Zolfo Cooper LLC and the Company, and pursuant thereto and hereto, Stephen F. Cooper and Kevin Nystrom, of Kroll Zolfo Cooper LLC, be and hereby are, authorized, empowered and directed to represent the Company, as its Chief Restructuring Officer and Director of Restructuring, respectively, in connection with any case commenced by it under the Bankruptcy Code; RESOLVED FURTHER, that the officers of the Company be, and they hereby are, authorized and directed to employ Milestone Advisors, LLC, as investment banker, with (page) regard to the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of Milestone Advisors, LLC; RESOLVED FURTHER, that the officers of the Company be, and they hereby are, authorized and directed to employ Phoenix Capital, Inc., as investment banker, with regard to the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of Phoenix Capital, Inc.; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to employ any other individual and/or firm as professionals or consultants or financial advisors to the Company as are deemed necessary to represent and assist the Company in carrying out its duties under the Bankruptcy Code, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of such firms; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and empowered to obtain post-petition financing according to terms negotiated, or to be negotiated, by management of the Company, including under debtor-in-possession credit facilities or relating to the use of cash collateral; and to enter into any guarantees and to pledge and grant liens on its assets as may be contemplated by or required under the terms of such post-petition financing or cash collateral agreements; and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate loan agreements, cash collateral agreements and related ancillary documents; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and empowered for, in the name of, and on behalf of the Company, to take or cause to be taken any and all such other and further action, and to execute, acknowledge, deliver and file any and all such instruments as each, in his or her discretion, may deem necessary or advisable in order to carry out the purpose and intent of the foregoing resolutions; and RESOLVED FURTHER that all of the acts and transactions relating to matters contemplated by the foregoing resolutions of management and members of the Board of Directors of the Company, in the name and on behalf of the Company, which acts would have been approved by the foregoing resolutions except that such acts were taken prior to the execution of these resolutions, are hereby in all respects confirmed, approved and ratified. -2- (page) AMERICAN HOME MORTGAGE INVESTMENT CORP. SECRETARIAL CERTIFICATE The undersigned, Alan Horn, Secretary of American Home Mortgage Investment Corp. (the "Company"), a Maryland corporation, hereby certifies as follows: 1. I am the duly qualified and elected Secretary of the Company and, as such, am familiar with the facts herein certified, and I am duly authorized to certify same on behalf of the Company. 2. Attached hereto is a true and complete copy of the Resolutions of the Board of Directors of the Company, duly adopted at a properly convened meeting of the Board of Directors on August 5th, 2007, by unanimous vote of the directors, in accordance with the by-laws of the Company. 3. Such resolutions have not been amended, altered, annulled, rescinded or revoked and are in full force and effect as of the date hereof. There exist no other subsequent resolutions of the Board of Directors of the Company relating to the matters set forth in the resolutions attached hereto. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the 5th day of August, 2007. /s/ Alan Horn Alan Horn Secretary EX-99.4 Official Form 1 (04/07) United States Bankruptcy Court DISTRICT OF DELAWARE Voluntary Petition Name of Debtor (if individual, enter Last, First, Middle): American Home Mortgage Servicing, Inc. All Other Names used by the Debtor in the last 8 years (include married, maiden, and trade names): See Attached Schedule 1 Last four digits of Soc. Sec./Complete EIN or other Tax I.D. No. (if more than one, state all): 52-0957267 Street Address of Debtor (No. and Street, City, and State): 4600 Regent Blvd., Ste. 200 Irving, TX ZIP CODE 75063 County of Residence or of the Principal Place of Business: Dallas County, TX Mailing Address of Debtor (if different from street address): ZIP CODE ------------------------------------------------------------ Name of Joint Debtor (Spouse) (Last, First, Middle): All Other Names used by the Joint Debtor in the last 8 years (include married, maiden, and trade names): Last four digits of Soc. Sec./Complete EIN or other Tax I.D. No. (if more than one, state all): Street Address of Joint Debtor (No. and Street, City, and State): ZIP CODE County of Residence or of the Principal Place of Business: Mailing Address of Joint Debtor (if different from street address): ZIP CODE Location of Principal Assets of Business Debtor (if different from street address above): ZIP CODE -------------------------------------------------------------------------------- Type of Debtor (Form of Organization) (Check one box.) |_| Individual (includes Joint Debtors) See Exhibit D on page 2 of this form. |X| Corporation (includes LLC and LLP) |_| Partnership |_| Other (If debtor is not one of the above entities, check this box and state type of entity below) Nature of Business (Check one box.) |_| Health Care Business |_| Single Asset Real Estate as defined in 11 U.S.C. Section 101(51B) |_| Railroad |_| Stockbroker |_| Commodity Broker |_| Clearing Bank |X| Other Tax-Exempt Entity (Check box, if applicable.) |_| Debtor is a tax-exempt organization under Title 26 of the United States Code (the Internal Revenue Code). Chapter of Bankruptcy Code Under Which the Petition is Filed (Check one box.) | | Chapter 7 |_| Chapter 9 |X| Chapter 11 |_| Chapter 12 |_| Chapter 13 |_| Chapter 15 Petition for Recognition of a Foreign Main Proceeding |_| Chapter 15 Petition for Recognition of a Foreign Nonmain Proceeding Nature of Debts (Check one box.) |_| Debts are primarily consumer debts, defined in 11 U.S.C. Section 101(8) as "incurred by an individual primarily for a personal, family, or house-hold purpose." | | Debts are primarily business debts. -------------------------------------------------------------------------------- Filing Fee (Check one box.) |X| Full Filing Fee attached. |_| Filing Fee to be paid in installments (applicable to individuals only). Must attach signed application for the court's consideration certifying that the debtor is unable to pay fee except in installments. Rule 1006(b). See Official Form 3A. |_| Filing Fee waiver requested (applicable to chapter 7 individuals only). Must attach signed application for the court's consideration. See Official Form 3B. -------------------------------------------------------------------------------- Chapter 11 Debtors Check one box: |_| Debtor is a small business debtor as defined in 11 U.S.C. Section 101(51D). |X| Debtor is not a small business debtor as defined in 11 U.S.C. Section 101(51D). Check if: |_| Debtor's aggregate noncontingent liquidated debts (excluding debts owed to insiders or affiliates) are less than $2,190,000. ------------------------------------------------------------ Check all applicable boxes: |_| A plan is being filed with this petition. |_| Acceptances of the plan were solicited prepetition from one or more classes of creditors, in accordance with 11 U.S.C. section 1126(b). -------------------------------------------------------------------------------- Statistical/Administrative Information |X| Debtor estimates that funds will be available for distribution to unsecured creditors. | | Debtor estimates that, after any exempt property is excluded and administrative expenses paid, there will be no funds available for distribution to unsecured creditors. -------------------------------------------------------------------------------- Estimated Number of Creditors* 1- 50- 100- 200- 1,000- 5,001- 10,001- 25,001 50,001- OVER 49 99 199 999 5,000 10,000 25,000 50,000 100,000 100,000 |_| |_| |_| |_| |_| |_| | | |_| |_| |X| Estimated Assets* |_|$0 to |_|$10,000 to |_|$100,000 to |_|$1 million to |X|More than $100 $10,000 $100,000 $l million $l00 million million Estimated Liabilities* |_|$0 to |_|$50,000 to |_|$100,000 to |_|$1 million to |X|More than $100 $50,000 $100,000 $l million $l00 million million THIS SPACE IS FOR COURT USE ONLY * The estimated number of creditors, assets and liabilities is on a consolidated basis. (page) Official Form 1 (04/07) Form B1, Page 2 Voluntary Petition (This page must be completed and filed in every case.) Name of Debtor(s): American Home Mortgage Servicing, Inc. -------------------------------------------------------------------------------- All Prior Bankruptcy Cases Filed Within Last 8 Years (If more than two, attach additional sheet.) -------------------------------------------------------------------------------- Location Where Filed: Not Applicable Case Number: Date Filed: Location Where Filed: Case Number: Date Filed: -------------------------------------------------------------------------------- Pending Bankruptcy Case Filed by any Spouse, Partner, or Affiliate of this Debtor (If more than one, attach additional sheet.) -------------------------------------------------------------------------------- Name of Debtor: See Attached Schedule 2 Case Number: Date Filed: District: Relationship: Judge: -------------------------------------------------------------------------------- Exhibit A (To be completed if debtor is required to file periodic reports (e.g., forms 10K and 10Q) with the Securities and Exchange Commission pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934 and is requesting relief under chapter 11.) | | Exhibit A is attached and made a part of this petition. -------------------------------------------------------------------------------- Exhibit B (To be completed if debtor is an individual whose debts are primarily consumer debts.) I, the attorney for the petitioner named in the foregoing petition, declare that I have informed the petitioner that [he or she] may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, and have explained the relief available under each such chapter. I further certify that I have delivered to the debtor the notice required by 11 U.S.C. Section 342(b). X Signature of Attorney for Debtor(s) Date -------------------------------------------------------------------------------- Exhibit C Does the debtor own or have possession of any property that poses or is alleged to pose a threat of imminent and identifiable harm to public health or safety? |_| Yes, and Exhibit C is attached and made a part of this petition. |X| No. -------------------------------------------------------------------------------- Exhibit D (To be completed by every individual debtor. If a joint petition is filed, each spouse must complete and attach a separate Exhibit D.) |_| Exhibit D completed and signed by the debtor is attached and made a part of this petition. If this is a joint petition: |_| Exhibit D also completed and signed by the joint debtor is attached and made a part of this petition. -------------------------------------------------------------------------------- Information Regarding the Debtor - Venue (Check any applicable box.) |_| Debtor has been domiciled or has had a residence, principal place of business, or principal assets in this District for 180 days immediately preceding the date of this petition or for a longer part of such 180 days than in any other District. |x| There is a bankruptcy case concerning debtor's affiliate, general partner, or partnership pending in this District. |_| Debtor is a debtor in a foreign proceeding and has its principal place of business or principal assets in the United States in this District, or has no principal place of business or assets in the United States but is a defendant in an action or proceeding [in a federal or state court] in this District, or the interests of the parties will be served in regard to the relief sought in this District. -------------------------------------------------------------------------------- Statement by a Debtor Who Resides as a Tenant of Residential Property (Check all applicable boxes.) |_| Landlord has a judgment against the debtor for possession of debtor's resident. (If box checked, complete the following.) (Name of landlord that obtained judgment) (Address of landlord) |_| Debtor claims that under applicable nonbankruptcy law, there are circumstances under which the debtor would be permitted to cure the entire monetary default that gave rise to the judgment for possession, after the judgment for possession was entered, and |_| Debtor has included with this petition the deposit with the court of any rent that would become due during the 30-day period after the filing of the petition. (page) Official Form 1 (04/07) Form B1, Page 3 Voluntary Petition (This page must be completed and filed in every case.) Name of Debtor(s): American Home Mortgage Servicing, Inc. -------------------------------------------------------------------------------- Signatures -------------------------------------------------------------------------------- Signature(s) of Debtor(s) (Individual/Joint) I declare under penalty of perjury that the information provided in this petition is true and correct. [If petitioner is an individual whose debts are primarily consumer debts and has chosen to file under chapter 7] I am aware that I may proceed under chapter 7, 11, 12 or 13 of title 11, United States Code, understand the relief available under each such chapter, and choose to proceed under chapter 7. [If no attorney represents me and no bankruptcy petition preparer signs the petition] I have obtained and read the notice required by 11 U.S.C. Section 342(b). I request relief in accordance with the chapter of title 11 United States Code, specified in this petition. X Signature of Debtor X Signature of Joint Debtor Telephone Number (if not represented by attorney) Date -------------------------------------------------------------------------------- Signature of Attorney X /s/ Pauline K. Morgan Signature of Attorney for Debtor(s) James L. Patton, Jr., Esq. Pauline K. Morgan, Esq. Young Conaway Stargatt & Taylor, LLP The Brandywine Building 1000 West Street, 17th Floor Wilmington, Delaware 19801 Telephone (302) 571-6600 and Facsimile (302) 571-1253 8-6-07 Date -------------------------------------------------------------------------------- Signature of Debtor (Corporation/Partnership) I declare under penalty of perjury that the information provided in this petition is true and correct, and that I have been authorized to file this petition on behalf of the debtor. The debtor requests relief in accordance with the chapter of title 11, United States Code, specified in this petition. X /s/ Michael Strauss Signature of Authorized Individual Michael Strauss Printed Name of Authorized Individual Chief Executive Officer Title of Authorized Individual 8/6/07 Date -------------------------------------------------------------------------------- Signature of a Foreign Representative I declare under penalty of perjury that the information provided in this petition is true and correct, that I am the foreign representative of a debtor in a foreign proceeding, and that I am authorized to file this petition. (Check only one box.) I request relief in accordance with chapter 15 of title 11, United States Code. Certified copies of the documents required by 11 U.S.C. Section 1515 are attached. Pursuant to 11 U.S.C. Section 1511, I request relief in accordance with the chapter of title 11 specified in this petition. A certified copy of the order granting recognition of the foreign main proceeding is attached. X (Signature of Foreign Representative) (Printed Name of Foreign Representative) Date -------------------------------------------------------------------------------- Signature of Non-Attorney Bankruptcy Petition Preparer I declare under penalty of perjury that: (1) I am a bankruptcy petition preparer as defined in 11 U.S.C. Section 110; (2) I have prepared this document for compensation and have provided the debtor with a copy of this document and the notices and information required under 11 U.S.C. Subsection 110(b), 110(h), and 342(b); and (3) if rules or guidelines have been promulgated pursuant to 11 U.S.C. Section 110(h) setting a maximum fee for services chargeable by bankruptcy petition preparers, I have given the debtor notice of the maximum amount before preparing any document for filing for a debtor or accepting any fee from the debtor, as required in that section. Official Form 19B is attached. Printed Name and title, if any, of Bankruptcy Petition Preparer Social Security Number (If the bankruptcy petition preparer is not an individual, state the Social Security number of the officer, principal, reasonable person, or partner of the bankruptcy petition preparer.) (Required by 11 U.S.C. Section 110.) Address X Date Signature of bankruptcy petition preparer or officer, principal, responsible person, or partner whose Social Security number is provided above. Names and Social Security numbers of all other individuals who prepared or assisted in preparing this document unless the bankruptcy petition preparer is not an individual. If more than one person prepared this document, attach additional sheets conforming to the appropriate form for each person. A bankruptcy petition preparer's failure to comply with the provisions of title 11 and the Federal Rules of Bankruptcy Procedure may result in fines or imprisonment or both 11 U.S.C. Section 110; 18 U.S.C. Section 156. (page) SCHEDULE 1 The Debtor has used the following other names during the previous 8 years, which includes names under which the Debtor has qualified as a foreign corporation as well as the trade names it has registered with various states: American Home Mtg Servicing American Home Mortgage Servicing AHM Servicing, Inc. Columbia National, Inc. Columbia National Incorporated CNI National Mortgage Co. Columbia National Mortgage CNI National (page) SCHEDULE 2 Including the debtor in this chapter 11 case, the following affiliated debtors simultaneously have filed voluntary chapter 11 petitions in this Court. Contemporaneously with the filing of these petitions, such entities filed a motion requesting that their chapter 11 cases be consolidated for procedural purposes only and jointly administered. American Home Mortgage Acceptance, Inc. American Home Mortgage Corp. American Home Mortgage Holdings, Inc. American Home Mortgage Investment Corp. American Home Mortgage Servicing, Inc. American Home Mortgage Ventures LLC Great Oak Abstract Corp. Homegate Settlement Services, Inc. (page) IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------- X In re: : Chapter 11 : AMERICAN HOME MORTGAGE HOLDINGS, INC., : Case No. 07-[ ] ( ) a Delaware corporation, et al., : : Jointly Administered Debtors. : ---------------------------------------- X CONSOLIDATED LIST OF CREDITORS HOLDING 40 LARGEST UNSECURED CLAIMS American Home Mortgage Holdings, Inc. ("AHM Holdings"), a Delaware corporation, and certain of its direct and indirect affiliates and subsidiaries, the debtors and debtors in possession in the above cases (collectively, the "Debtors"),^1 filed a voluntary petition in this Court for relief under chapter 11 of the United States Bankruptcy Code, 11 U.S.C. Subsection 101, et seq. This list of creditors holding the 40 largest unsecured claims (the "Top 40 List") has been prepared on a consolidated basis, from the Debtors' books and records as of August 3, 2007. The Top 40 List was prepared in accordance with rule 1007(d) of the Federal Rules of Bankruptcy Procedure for filing in the Debtors' chapter 11 cases. The Top 40 List does not include: (1) persons who come within the definition of an "insider" set forth in 11. U.S.C. Section 101(31); or (2) secured creditors, unless the value of the collateral is such that the unsecured deficiency places the creditor among the holders of the 40 largest unsecured claims. The information presented in the Top 40 List shall not constitute an admission by, nor is it binding on, the Debtors. The information presented herein, including, without limitation (a) the failure of the Debtors to list any claim as contingent, unliquidated, disputed or subject to a setoff or (b) the listing of any claim as unsecured, does not constitute an admission by the Debtors that the secured lenders listed hold any deficiency claims, nor does it constitute a waiver of the Debtors' rights to contest the validity, priority, nature, characterization and/or amount of any claim. 1 The Debtors in these cases, along with the last four digits of each Debtor's federal tax identification number, are: AHM Holdings (6303); American Home Mortgage Investment Corp. ("AHM Investment"), a Maryland corporation (3914); American Home Mortgage Acceptance, Inc. ("AHM Acceptance"), a Maryland corporation (1979); American Home Mortgage Servicing, Inc. ("AHM Servicing"), a Maryland corporation (7267); American Home Mortgage Corp. ("AHM Corp."), a New York corporation (1558); American Home Mortgage Ventures LLC ("ARM Ventures"), a Delaware limited liability company (1407); Homegate Settlement Services, Inc. ("Homegate"), a New York corporation (7491); and Great Oak Abstract Corp. ("Great Oak"), a New York corporation (8580). The address for all of the Debtors is 538 Broadhollow Road, Melville, New York 11747, except for AHM Servicing, whose address is 4600 Regent Blvd., Suite 200, Irving, Texas 75063. (page) [Enlarge/Download Table] Rank Name of creditor Telephone number and Nature of Indicate if Amount of complete mailing address, claim (trade claim is claim [if including zip code, of debt, bank contingent, secured also employee, agent, or loan, unliquidated, state value of department of creditor government disputed or security] familiar with claim who may contract, etc.) subject to be contacted setoff^1 U N C L O I D N Q I T U S I I P N D U G A T E T E N E D T D 1 Deutsche Bank 31 West 52nd Street Loan X Unliquidated 3rd Floor NYC01-0304 Repurchase New York, NY 10019 Request Tel: (212) 250-7675 Fax: (212) 797-0521 2 Wilmington Trust Rodney Square North, Convertible X Unliquidated Company, as 100 North Market Street, Trust Debenture Trustee Wilmington, Delaware 19890 Preferred - Telecopy: (302) 636-4140 AHM Capital Telephone: (302) 651-1000 Trust I Attention: Corporate Capital Markets - AHM Capital Trust I 3 JPMorgan Chase 194 Wood Avenue South Loan X Unliquidated Bank, NA Floor 3 Repurchase Iselin, NJ 08830 Request Tel: (732) 452-8781 Fax: (732) 352-7511 4 Countrywide Capital 20 N. Acoma Blvd. Loan X Unliquidated Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 5 Wilmington Trust Rodney Square North, 1100 Trust Preferred X Unliquidated Company, as North Market Street, - Baylis Trust Trustee Wilmington, Delaware 19890- III 0001 Attn: Corporate Capital Markets 6 Bank of America, 901 Main Street, 66th Fl. Loan X Unliquidated N.A. Dallas, TX 75202 Repurchase Tel: (214) 209-9170 Request Fax: (214) 209-0338 7 JPMorgan Chase 600 Travis, 50th Floor Trust Preferred X Unliquidated Bank, National Houston, Texas 77019 - Baylis Trust I Association, as Attn: Institutional Trust Services Trustee - Baylis Trust I 8 JPMorgan Chase 600 Travis, 50th Floor, Trust Preferred X Unliquidated Bank, National Houston, Texas 77019 - Baylis Trust II Association, as Attn: Institutional Trust Services Trustee - Baylis Trust II 9 JPMorgan Chase 600 Travis, 50th Floor, Trust Preferred X Unliquidated Bank, National Houston, Texas 77019 - Baylis Trust Association, as Attn: Institutional Trust Services IV Trustee - Baylis Trust IV 10 JPMorgan Chase 600 Travis, 50th Floor, Houston, Trust Preferred X Unliquidated Bank, National Texas 77002, Attn: Baylis Trust - Baylis Trust Association, as V, Madassir Mohamed V Trustee tel: (713) 216-2826 11 Citigroup 390 Greenwich Street, 6th Fl. Loan X Unliquidated New York, NY 10013 Repurchase Tel: 212-733-6353 Request Fax: 212-723-8613 12 Countrywide Capital 20 N. Acoma Blvd. Loan X Unliquidated Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 13 Morgan Stanley 1585 Broadway Loan X Unliquidated New York, NY 10036 Repurchase Tel: (212) 761-4000 Request Fax: (212) 507 4622 14 Wells Fargo Bank, 919 North Market Street Trust Preferred X Unliquidated N.A., as Trustee Suite 700 - Baylis Trust Wilmington, Delaware 19801 VIII Attn: Corporate Trust Department - Baylis Trust VIII 15 SunTrust Asset Mail Code 3950 Loan X Unliquidated Funding, LLC 303 Peachtree Street, 23rd Floor Repurchase Atlanta, Georgia 30308 Request Attn: Tony D. Atkins Tel: (404) 813-5244 Fax: (404) 813-5000 with a copy to: SunTrust Banks, Inc. 303 Peachtree Street, 36th Floor Atlanta, Georgia 30308 Attn: Woodruff A. Polk Tel: (404) 813-7094 Fax: (404) 581-1637 16 Impac Funding 1401 Dove Street, Suite 100, Loan X Unliquidated Corporation Newport Beach, CA 92660, Repurchase Attn: Client Administration Request Tel: (800) 597-4101 Fax: (949) 260-4504 17 Wilmington Trust Rodney Square North Trust preferred X Unliquidated Company, as 1100 North Market Street - Baylis Trust Trustee Wilmington, Delaware 19890- VI 0001 Attn: Corporate Capital Markets 18 Bear, Stearns & Government Operations Master X Unliquidated Co. Inc. 1 Metrotech Center North Repurchase 7th Floor Agreement Brooklyn, New York 11201- 3859 Attn: Sr. Managing Director Tel: (212) 272-1203 19 Bank of America, Agency Management Warehouse X Unliquidated N.A. Mail Code: CA5-701-05-19 Facility 1455 Market Street, 5th Floor San Francisco, CA 94103 Attention: Anthea Del Bianco Vice President Telephone No.: (415) 436-2776 Facsimile No.: (415) 503-5101 Bank of America, N.A. Portfolio Management Mail Code: TXl-492-66-01 901 Main Street, 66th Floor Dallas, TX 75202-3714 Attention: Elizabeth Kurilecz Senior Vice President Telephone No.: (214) 209-0975 Facsimile No.: (214) 209-1027 20 Citigroup Global 390 Greenwich Street, 6th Floor Loan X Unliquidated Markets Realty New York, New York 10013 Repurchase Corp Attn: Peter Steinmetz Request 21 Bank of America, Sears Tower Swap X Unliquidated N.A. 233 South Wacker Drive, Suite Counterparty 2800 (Commercial Chicago, IL 60606 Paper Facility) Attention: Swap Operations Facsimile No.: 312-453-2787 Bank of America, N.A., 1133 Avenue of the Americas, 17th Floor New York, NY 10036 Attn: Ronald Jost Tel: 646-216-5311 Fax: 646-733-4090 22 Wilmington Trust Rodney Square North, 1100 Trust preferred X Unliquidated Company, as North Market Street, - Baylis Trust Trustee Wilmington, Delaware 19890- VII 0001, Attn: Corporate Capital Markets 23 Wells Fargo 420 Montgomery Street Loan X Unliquidated San Francisco, CA 94104 Repurchase Request 24 Countrywide 20 N. Acoma Blvd. Loan X Unliquidated Capital Lake Havasu City, AZ 86403 Repurchase Tel: (928) 505-1628 Request Fax: (928) 505-4466 25 Nomura Credit & 2 World Financial Center, Loan X Unliquidated Capital, Inc. Building B, 21st Floor, New Repurchase York, New York 10281, Request Attn: Dante LaRocca, Managing Director; with a copy to NCCI Legal, 18th Floor Fax: (212) 667-1024 26 Liquid Funding, Canon's Court Master X Unliquidated Ltd. 22 Victoria Street Repurchase Hamilton HM 12 Bermuda Agreement Attn: Corporate Secretary With a copy in all cases to: Bear Stearns Bank plc, Investment Manager of Liquid Funding, Ltd., Block 8, Harcourt Centre Charlotte Way Dublin 2, Ireland Attn: Jerome Schneider / Patrick Phelan Tel: (353-1) 402-6358, Fax: (353-1) 402-6308 27 EMC 383 Madison Avenue Loan X Unliquidated New York, NY Repurchase Tel: 212) 272-6458 Request Fax: (212) 272-7382 28 Greenwich Capital 600 Steamboat Road Loan X Unliquidated Financial Greenwich, Connecticut 06830 Repurchase Products, Inc. Attn: Mortgage Finance Request With copies to: Greenwich Capital Financial Products, Inc. 600 Steamboat Road Greenwich, Connecticut 06830 Attn: Legal and to: Greenwich Capital Financial Products, Inc., 600 Steamboat Road Tel: (203) 625-2700 29 Lehman Brothers 745 Seventh Avenue Master X Unliquidated Inc. and Lehman 28th Floor Repurchase Commercial Paper New York, New York 10019 Agreement Inc. Attn: Robert Guglielmo, Senior Vice President Transaction Management Tel: (212) 526-7121 Fax: (212) 526-7672 30 HSBC Bank 452 Fifth Avenue, 10th Fl. Loan X Unliquidated New York, NY 10018 Repurchase Tel: (212) 525-5040 Request Fax: (646) 366-3826 31 UBS 1251 Avenue of the Americas Loan X Unliquidated New York, NY 10019 Repurchase Tel: (212) 713-3734 Request Fax: (212) 882-3597 32 Lehman Brothers c/o Lehman Brothers Derivative X Unliquidated Special Financing, Transaction Management Transaction Inc 745 Seventh Avenue, 28th Floor (Swap) New York, NY 10019 Attn: Documentation Manager Tel: 212-526-7187 Fax: 212-526-7672 33 FNMA 3900 Wisconsin Avenue, NW Loan X Unliquidated Washington, DC 20016-2892 Repurchase Tel: (202) 752-7000 Request Request 34 Washington 3200 Southwest Freeway Loan X Unliquidated Mutual Bank, FA Houston, TX 77027 Repurchase Tel: (713) 543-6141 Request Fax: (713) 543-6727 35 Luminent Mtg Suite 1350 101 California St. Loan X Unliquidated (Barclays) San Francisco CA 94111 Repurchase Tel: (415) 217-4500 Request 37 IndyMac Bank, 3465 East Foothill Boulevard, Loan X Unliquidated F.S.B. Pasadena, California 91107 Repurchase Request 38 Morgan Stanley Transaction Management Group Derivative X Unliquidated Capital Services 1585 Broadway Transaction Inc. New York, NY 10036-8293 (Swap) Attn: Chief Legal Officer Fax: (212) 507 4622 39 Credit Suisse First Eleven Madison Avenue Loan X Unliquidated Boston New York, NY 10010 Repurchase Tel: (212) 325-2000 Request Fax: (212) 325-6665 40 GMAC 600 Galleria Parkway, 15th Fl Loan X Unliquidated Atlanta, GA 30339 Repurchase Tel: (678) 324-2146 Request Fax: (770) 859-0148 <FN> 1 As noted above, the Debtors reserve their rights to dispute the clainms on this schedule on any basis. </FN> (page) IN THE UNITED STATES BANKRUPTCY COURT FOR THE DISTRICT OF DELAWARE ---------------------------------------- X In re: : Chapter 11 : AMERICAN HOME MORTGAGE HOLDINGS, INC., : Case No. 07-[ ] ( ) a Delaware corporation, et al. : : Jointly Administered Debtors. : ---------------------------------------- X DECLARATION CONCERNING THE DEBTOR'S CONSOLIDATED LIST OF CREDITORS HOLDING THE 40 LARGEST UNSECURED CLAIMS I, Michael Strauss, Chief Executive Officer of American Home Mortgage Holdings, Inc., a Delaware corporation, and the entity named as the debtor in this case, declare under penalty of perjury under the laws of the United States of America that I have reviewed the foregoing Consolidated List of Creditors holding the 40 Largest Unsecured Claims submitted herewith and that the information contained therein is true and correct to the best of my information and belief. Date: August 6, 2007 /s/ Michael Strauss Michael Strauss Chief Financial Officer (page) RESOLUTIONS OF BOARD OF DIRECTORS OF AMERICAN HOME MORTGAGE SERVICING, INC. The Board of Directors of American Home Mortgage Servicing, Inc. (the "Company"), a Maryland corporation, hereby adopts the following resolutions, as the action of the Board of Directors of the Company. WHEREAS, the Board of Directors has reviewed and considered the financial and operational condition of the Company and the Company's business on the date hereof, including the historical performance of the Company, the assets of the Company, the current and long-term liabilities of the Company, the market for the Company's products and services, and mortgage industry and credit market conditions; WHEREAS, the Board of Directors has received, reviewed and considered the recommendations of the senior management of the Company and the Company's legal, financial and other advisors as to the relative risks and benefits of pursuing a bankruptcy proceeding under the provisions of Chapter 11 of Title 11 of the United States Code; NOW, THEREFORE, BE IT RESOLVED that, in the judgment of the Board of Directors, it is desirable and in the best interests of the Company, its creditors, stockholders and other interested parties, that a voluntary petition be filed by the Company under the provisions of Chapter 11 of Title 11 of the United States Code; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized to execute and file on behalf of the Company all petitions, schedules, lists and other papers or documents, and to take any and all action which they deem necessary or proper to obtain such relief; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to employ the law firm of Young Conaway Stargatt & Taylor, LLP as general bankruptcy counsel to the Company to represent and assist the Company in carrying out its duties under Title 11 of the United States Code, and to take any and all actions to advance the Company's rights, including the preparation of pleadings and filings in the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed appropriate applications for authority to retain the services of Young Conaway Stargatt & Taylor, LLP; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to enter into that certain management services agreement between Kroll Zolfo Cooper LLC and the Company, and pursuant thereto and hereto, Stephen F. Cooper and Kevin Nystrom, of Kroll Zolfo Cooper LLC, be and hereby are, authorized, empowered and directed to represent the Company, as its Chief Restructuring Officer and Director of Restructuring, respectively, in connection with any case commenced by it under the Bankruptcy Code; RESOLVED FURTHER, that the officers of the Company be, and they hereby are, authorized and directed to employ Milestone Advisors, LLC, as investment banker, with regard to the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate (page) retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of Milestone Advisors, LLC; RESOLVED FURTHER, that the officers of the Company be, and they hereby are, authorized and directed to employ Phoenix Capital, Inc., as investment banker, with regard to the Chapter 11 proceeding, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of Phoenix Capital, Inc.; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and directed to employ any other individual and/or firm as professionals or consultants or financial advisors to the Company as are deemed necessary to represent and assist the Company in carrying out its duties under Title 11 of the United States Code, and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate retention agreements, pay appropriate retainers prior to and immediately upon the filing of the Chapter 11 case, and to cause to be filed an appropriate application for authority to retain the services of such firms; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and empowered to obtain post-petition financing according to terms negotiated, or to be negotiated, by management of the Company, including under debtor-in-possession credit facilities or relating to the use of cash collateral; and to enter into any guarantees and to pledge and grant liens on its assets as may be contemplated by or required under the terms of such post-petition financing or cash collateral agreements; and in connection therewith, the officers of the Company are hereby authorized and directed to execute appropriate loan agreements, cash collateral agreements and related ancillary documents; RESOLVED FURTHER that the officers of the Company be, and they hereby are, authorized and empowered for, in the name of, and on behalf of the Company, to take or cause to be taken any and all such other and further action, and to execute, acknowledge, deliver and file any and all such instruments as each, in his or her discretion, may deem necessary or advisable in order to carry out the purpose and intent of the foregoing resolutions; and RESOLVED FURTHER that all of the acts and transactions relating to matters contemplated by the foregoing resolutions of management and members of the Board of Directors of the Company, in the name and on behalf of the Company, which acts would have been approved by the foregoing resolutions except that such acts were taken prior to the execution of these resolutions, are hereby in all respects confirmed, approved and ratified. -2- (page) AMERICAN HOME MORTGAGE SERVICING, INC. SECRETARIAL CERTIFICATE The undersigned, Alan Horn, Secretary of American Home Mortgage Servicing, Inc. (the "Company"), a Maryland corporation, hereby certifies as follows: 1. I am the duly qualified and elected Secretary of the Company and, as such, am familiar with the facts herein certified, and I am duly authorized to certify same on behalf of the Company. 2. Attached hereto is a true and complete copy of the Resolutions of the Board of Directors of the Company, duly adopted at a properly convened meeting of the Board of Directors on August 5, 2007, by unanimous vote of the directors, in accordance with the by-laws of the Company. 3. Such resolutions have not been amended, altered, annulled, rescinded or revoked and are in full force and effect as of the date hereof. There exist no other subsequent resolutions of the Board of Directors of the Company relating to the matters set forth in the resolutions attached hereto. IN WITNESS WHEREOF, the undersigned has executed this certificate as of the 5th day of August, 2007. /s/ Alan Horn Alan Horn Secretary

Dates Referenced Herein

This ‘8-K’ Filing    Date    Other Filings
Filed on:8/10/07None on these Dates
8/9/07
For Period End:8/6/07
8/5/07
8/3/07
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Filing Submission 0001056404-07-002688   –   Alternative Formats (Word / Rich Text, HTML, Plain Text, et al.)

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