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Tracey Anderson of Roanoke County and Kimberlee Boothe of Floyd, members of Andyboo LLC, which was doing business as Flat Rock Grille, filed for Chapter 7 bankruptcy protection Wednesday, according to documents with the U.S. Bankruptcy Court of the Western District of Virginia.
The company owes creditors between $100,001 and $500,000, according to court documents. Peter Pearl, a Roanoke attorney who represents Andyboo, said the liabilities are closer to $100,001. The total is not yet available, he said Thursday.
The list of at least 27 creditors includes Wachovia, the city of Roanoke, Virginia Department of Taxation and Sysco Food Service, according to bankruptcy documents.
Flat Rock, located on Valley View Boulevard, shut its doors unexpectedly last month after four years in business. Pearl referred questions about the reasons for the closure to the owners.
"You would have to discuss that with them," he said.
Reached by phone at home Thursday, a woman who identified herself as Kimberlee Boothe would not speak with a reporter.
An excerpt from a note posted on Flat Rock's door last month stated: "Due to economic factors beyond our control, we have elected to cease operation. We hope everyone will support our locally-owned and operated restaurants. They are the ones that need your help in these times."
The Flat Rock owners owe the city more than $18,000 in taxes and fees, said Roanoke Treasurer Evelyn Powers. The city has corresponded by phone and e-mail with the owners, who promised to pay the delinquent taxes, Powers said.
A city sale, conducted by the sheriff's office, was the last resort, Powers said.
"We did not physically shut them down," she said. "They made the decision to close."
The auction, which had been scheduled for Thursday, precipitated the bankruptcy filing, Pearl said. After the filing, restaurant equipment, furniture and other items, except alcohol, cannot be sold at an auction, he said. Flat Rock's equipment and other items now can be liquidated to pay creditors, Pearl said.
"We wanted to be sure there would be orderly liquidation of assets," he said.
Alcohol left at Flat Rock was sold during the sheriff's sale on Thursday, Powers said.
Proceeds from the sale will become part of whatever bankruptcy distribution emerges from the court. The city also now will be in line with other creditors to possibly be repaid through the sale of equipment.
The owners of the Roanoke Flat Rock were licensees of the eatery, said Trenda Boone, a regional operations director for three Flat Rock restaurants in North Carolina. She said the Roanoke restaurant is not associated with her company, which operates only the North Carolina Flat Rock locations.
People who have gift certificates for the Roanoke restaurant can redeem them if they are willing to drive to North Carolina. Boone said she has received e-mails from upset Roanoke Valley patrons who have Flat Rock gift certificates and fear they have lost money.
Though she said she cannot repay customers for the gift certificates, diners can use them at North Carolina Flat Rock restaurants in Hickory, Asheville and Charlotte.
To see more of The Roanoke Times, or to subscribe to the newspaper, go to http://www.roanoke.com/. Copyright (c) 2008, The Roanoke Times, Va. Distributed by McClatchy-Tribune Information Services. For reprints, email tmsreprints@permissionsgroup.com, call 800-374-7985 or 847-635-6550, send a fax to 847-635-6968, or write to The Permissions Group Inc., 1247 Milwaukee Ave., Suite 303, Glenview, IL 60025, USA.
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