Archive for the ‘Bankruptcy News and Events’ Category

Months after winning $1 million on a game show, Georgia’s state superintendent of schools and her husband reportedly filed Chapter 7 bankruptcy.

However, this isn’t a story of why they filed; it's a story about what happened afterward.

In fact, according to the Atlanta Journal-Constitution, Superintendent Kathy Cox was selected to appear on Fox’s “Are You Smarter than a Fifth Grader?” partly because she wanted to play to win money for Georgia schools.

Unfortunately, getting her prize money to the children of Georgia hasn’t been as easy as she hoped.

Background: She Wanted to Spend Winning on the Blind & Deaf

Sources indicate that Cox planned to donate her TV winnings to three state-run schools for children with vision and hearing impairment.

And, as the first person ever to win the top prize of one million dollars on “Fifth Grader,” it looked like the schools would be receiving some cash.

The Filing Bankruptcy Twist

But, three months after her winning, Cox’s husband filed for Chapter 7 bankruptcy protection, largely because of debt his construction company accrued.

In a Chapter 7 bankruptcy:

  • A filer’s non-exempt assets can be liquidated. The money raised from the liquidation sale is then distributed among the filer’s creditors to cover debts.
  • The trustee determines how to distribute funds. A bankruptcy trustee, who is a federal employee, makes decisions about how much money goes to which creditors.

In the Coxes’ situation, their trustee has reportedly sued the Coxes and Fox Broadcasting Corporation in an attempt to get the prize money paid to the Coxes’ creditors rather than the schools.

Indeed, most state bankruptcy laws consider cash above a certain amount to be a non-exempt asset and therefore destined for the filer’s creditors.

Naturally, a protest has been scheduled and people on both sides of the debate are fervently determined to fight for their cause.

The Underlying Issues

Part of the reason for the hullabaloo and confusion is that the various parties can’t agree about whether Cox participated in the game show as a representative of the state schools or as an individual.

The check she received from Fox was allegedly made out to her, which complicates matters.

Ultimately, the judge who presides over the court case between the two parties will have to decide whether the money Cox earned on the show is legally hers or the state’s.

Learn more about filing bankruptcy...

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If you can, please set aside the dog fighting, the jail time and the infuriating bad-boy behavior synonymous with his name—because Michael Vick’s got a new set of problems.

This fall, as the NFL reinstates him following a high profile, two-year hiatus during which Vick served time in federal prison, the former Atlanta Falcons quarterback finds himself $20 million in the hole.

On August 27, 2009, U.S. Bankruptcy Judge Frank J. Santoro approved Vick’s creditor repayment plan under one condition: that he retain a financial planner to ensure that he successfully emerges from his July 2008 Chapter 11 bankruptcy filing.

Vick has an estimated 100 creditors trying to collect from his past-due bills.

Vick 'Happy' With Filing Bankruptcy Decision

After the ruling, an elated Vick commented to reporters outside the courthouse in his home state of Virginia:

“I'm happy it's over. I can move on with my life. I think my lawyers did a great job. I commend the judge. I commend the creditors' committee, everybody. We finally got it all together. I'm just happy we can move forward.”

Following the court appearance, Vick and his fiancé were whisked away on a plane to Philadelphia for his debut in an Eagles’ preseason game.

Once the highest-paid player in the NFL, Vick now receives a $1.625 million salary for the 2009 season.
This amount may not even cover his legal fees, much less a solid portion of what he owes to creditors.

Michael Vick to Liquidate Assets

The three-time Pro Bowl pick will be forced to liquidate around $9 million in assets, including houses, luxury SUVs, boats and future NFL earnings.

He is allowed to keep only one of several homes, a luxury SUV and other possessions of minimal worth.

Michael Vick Back on the Field … Sort Of

NFL Commissioner Roger Goodell has permitted Vick to play in the final two preseason games of his new team, the Philadelphia Eagles, but not in the regular season.

In his announcement, much to the dismay of some, Goodell also contended that he would consider Vick for full reinstatement before Week 6 of the season.

Vick’s Debt to Be Resolved in Six Years?

Despite not having to pay creditors during his first year with the Eagles, Vick and his financial planner are hopeful that all of his debt will be paid off in six years.

The financial obligations of his Chapter 11 bankruptcy reorganization plan coupled with the 18 months he served in prison for operating a dog-fighting ring sustain Michael Vick’s reputation as an controversial figure in the sports world.

If nothing else, one thing in Michael Vick’s future is certain; for the undeniably talented athlete, winning games will not prove to be nearly as challenging as winning back an extremely contemptuous crowd.

Filing Bankruptcy Information

Are you tired of debt and curious as to how Vick may be resolving his old bills? Learn more about how filing bankruptcy works.

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Ok, ok, maybe it's not that dramatic... but a new study shows that high testosterone may lead to reckless spending.

A recent study by researchers at the University of Chicago and Northwestern University has discovered that men and women may shop differently for biological reasons – and those reasons could also determine how you execute all major financial decisions.

Background: Testosterone & Risky Behavior

Scientists have known for some time that testosterone, the male sex hormone, is linked to risky behavior.

And, when the economy collapsed after what can be considered very risky behavior in speculative financial markets, researchers began to wonder whether financial behavior had any specific link to testosterone levels.

The Study: Business Students Make Decisions

The researchers noted that, while about 57% of male MBA students choose high-risk financial careers after graduation, only about 36% of female MBA students do.

Researchers chose about 500 male and female students pursuing their Masters in Business Administration (MBA) for their experiments.

After measuring testosterone levels in everyone, researchers found that about 90% of women and 31% of men had relatively low testosterone.

Researchers then offered participants a choice between a guaranteed monetary award and a high-risk lottery option with a potential for higher payoffs.

The Findings: Testosterone Leads to Risky Business

Perhaps unsurprisingly, the researchers found that those with higher levels of testosterone (10% of women and 69% of men) tended to choose the higher-risk financial options.

The Lesson: Partner Up for Big Decisions

So what does all this teach you as a consumer? A few lessons.

  • Know thyself. While you may not want to actually check your testosterone levels, consider your history of financial decisions. If you have a past filled with risky moves, consider forcing yourself through a cool-down period before making major money decisions.
  • Partner up. Studies have found that married couples tend to be more risk averse than single people, but even if you’re not settled down, you could benefit from a second opinion. Consult with a levelheaded friend when you’re considering major decisions.
  • Question that gut instinct. It could, after all, just being a hormone flowing through your veins, promising a thrill if you take the plunge.

... purchase the full study

Are you reading this and nodding your head?

If you've been overspending thanks to high testosterone, or if you've just fallen behind on the bills, it may be time to examine whether filing bankruptcy could help you.

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Tuesday, August 25th, 2009

Bankruptcy and the Bread Aisle

Even families that are particularly struggling in the current economy are still buying bread. It's the most basic kitchen staple.

And how much you pay for that bread is being impacted by the rest of economic happenings. A major bread market player decided to file bankruptcy recently in order to reorganize and offer their loaves at lower prices. According to a story over at CNNMoney:

The added competition, pressures of weaker consumer spending and the ever- constant threat of private-label rivals have also pinched other manufacturers, some of which have responded with promotions and price reductions.

The latest battle was kicked off when Interstate Bakeries Corp. emerged from bankruptcy in February. Interstate are the makers (bakers?) of longtime brand Wonder Bread. During bankruptcy they lost market share, analysts said, and are now trying to recapture it by lowering prices.

The move forced other major bread companies like Sara Lee and Pepperidge Farm to experiment with lower prices.

While the competition puts pressures on the businesses to perform, it could mean good news for anyone who buys bread - which is pretty much everyone.

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The Fair Trade Commission, the government’s consumer protection arm, basically functions to make sure consumer protection laws are enforced – and we the people aren’t scammed by savvy corporations trying to get around the rules.

Here are the latest ways we’re being protected:

Mortgage Company Agrees to Fine for Violating Opt-Out Notice Rule

Metropolitan Home Mortgage, Inc., also known as Wholesale Home Lenders, reportedly violated the Opt-Out Notice Rule, which requires that:

  • Unsolicited mail loan offers must include two opt-out notices, one short and one long. These are required so that people know they have the opportunity to stop receiving offers.
  • The offers must disclose that information from consumers’ credit reports was used to determine whether they qualified for the loan offers.

The company will pay a $20,000 civil penalty and has agreed to comply with rules in the future.

The FTC will monitor the company to verify compliance.

Victory for Homeowners: This can be seen as part of the government’s efforts to crack down on the deceptive and even predatory practices that many have been deemed a partial cause of the housing market’s bubble and subsequent downturn.

Job-Placement Scam Slammed

The FTC has also taken steps this week to halt a job scam that targeted job seekers across the country by placing ads in local newspapers. The defendants in the case are Career Hotline, Inc. and its head, Susan Bright.

How the scam worked:

  • The scammers placed ads in newspapers across the country that provided an 800 number for interested parties to call.
  • Once they dialed, applicants were asked about their work history.
  • During the conversation, callers were asked to pay a “placement fee” ranging from $89 to $195.
  • Callers were promised a job with an annual salary of at least $25,000 if they complied with the terms of the phone call.

Victory for Jobseekers: Thanks to the FTC, the lucrative and devious world of scamming the unemployed out of their money has just become a bit less profitable.

Get the facts on bankruptcy so you can avoid predatory practices.

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All those who think the economy is on the mend and those in jeopardy of bankruptcy can take a breath of relief, please raise your hands   …    no one?

Well, you would be correct.

Even though there are statements by our current administration that the economy is showing clear signs of recovery, there is still the malignant fact that both personal and business bankruptcy filings are on the rise.

Think Philadelphia

In fact, in a recent article by USAToday and Bloomberg News there is a gargantuan estimation at just how large these figures will reach by the end of the year:

“Bankruptcy filings may hit 1.4 million” by the year’s end.

1.4 million, that’s more than the population of San Antonio, Texas and roughly the population of Philadelphia, PA - the city of brotherly love.

It seems there will be significant love lost as the toll of bankruptcies continues to rise.

As loans continue to remain hard to acquire, jobs continue to be lost and personal debt finds no relief, more folks will be filing bankruptcy.

We Need Jobs to Get Out of Debt

To underscore this point, the ABI (American Bankruptcy Institute) released a statement which many news wires have used in their articles surrounding these facts:

“Personal bankruptcies show no sign of abating after rising more than a third this year and may hit 1.4 million by Dec. 31 as jobs are lost and loans are harder to get.”

When the facts are reviewed, there is a clear sign that relief is far from in sight.

Consider that during the first six months of 2009 the total number of U.S. bankruptcies filed increased 36% year over year.

That’s over 189,000 new personal bankruptcy cases filed in just six months from the previous year. Why is this?

According to ABI Executive Director Samuel Gerdano, it’s because of the increasing unemployment coupled with pre-existing debt.

“Rising unemployment on top of high pre-existing debt burdens is a formula for higher bankruptcies through the end of this year," Gerdano said in a statement.

Although these figures seemingly take the air out of our nation’s sails, the even more frightening thing is that they don’t even touch on our country’s business related bankruptcies.

Don't Forget About Businesses Filing Bankruptcy

For the same time period, business filings totaled 30,333. This represents a 64% increase over the first-half 2008 which totaled 18,456 cases.

Segmenting this figure, it was found that chapter 11 business reorganizations increased by 113% (7,396 compared to the 3,470 from 2008), and Chapter 7 bankruptcy business liquidations increased to 20,375 which was a 57% increase over the 13,002 filings from the same 2008 time period.

So it seems while certain figures can be released in an effort to cast a more favorable light on our current economic plight, possibly in an effort to prod consumers to spend more, maybe to encourage employers to get back on the hiring wagon or simply to offer a glimmer of hope for those close to the edge, it cannot hide the facts.

What is failed to be considered in these veiled attempts is that numbers don’t lie and we as a nation are far from separated from the disastrous financial uncertainty which will define this period in our nation’s history.

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When she needed money for personal and professional projects, famed photographer Annie Leibovitz did what many people do: She took out a loan.

Only this loan was for more than $24 million and she put up a decades' worth of her artwork, along with her Greenwich Village townhouses, as collateral to the Art Capital Group, a notorious lender int he art world.

Now, she's defaulted on the loan, leaving the future of her photographs and townhouses up in the air.

Leibovitz is famed for her ability to capture the focus and intent of her subjects through a lens. Up to this point, Leibovitz gained notoriety and fame from her trend-setting, and often times prolific, visages of contemporary stars and starlets.

Her iconic photographs include a pregnant Demi Moore for the cover of "Vanity Fair" and a nude John Lennon on the day of his death.

Leibovitz’s finances seem to have been in turmoil long before any recent press on the matter. In February 2009 Leibovitz borrowed $15.5 million. As collateral she put up not only her several houses, but the rights to all of her photographs.

Putting up the future rights to art is rare because the future value of such works could be priceless. As a recent article surrounding the same subject the New York Times noted:

"One of the world’s most successful photographers essentially pawned every snap of the shutter she had made or will make until the loans are paid off.”

In July 2009, in connection with the February loan, a breach of contract lawsuit against Leibovitz was filed in the amount of $24 million regarding the repayment of these loans with the plaintiff on record being the Art Capital Group Inc. Art Capital allows clients to discreetly get loans in using artwork as collateral.

Art Capital states, in part, that they feel “Leibovitz will be unable to satisfy their obligations on the maturity date - a point that was discussed and acknowledged by the parties at the outset of the restructuring.” This was back in June 2008 when Leibovitz first approached them regarding her financial needs.

Eventually securing the loan in September of the same year, Leibovitz soon after apparently withdrew $5 million of a $22 million credit line. Then in December when, according to Art Capital, an extension of the original credit line was given to Leibovitz, totaling the loan to $24 million at which point Art Capital then granted her the remaining $18.9 million.

What happens now? According to the sources close to the incident, Leibovitz must settle up the $24 million, plus unpaid interest and other fees, by Sept. 8. This being the major point behind the lawsuit filed by Art Capital since they strongly believe this can’t be done without sales of Leibovitz’s collateral: Her artworks, photography archives and real estate in Greenwich Village and Rhinebeck, New York.

Could filing bankrutpcy protect Leibovitz's art? It's unclear. Because the loans were tied to specific collateral, the loans may be considered secure and treated like a home loan. While bankruptcy does offer property protections, this is an unusually large loan with atypically high stakes.

Regardless, I'd guess she will explore every avenue possible to hang on to her life's work.

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The sports world is abuzz with the recent announcement by NFL commissioner Roger Goodell that Michael Vick will be allowed to play professional football this fall.

The reinstatement is the latest in a long and winding series of events and fall from grace for the former Atlanta Falcons who was so popular his image graced the cover of video games.

Vick recently finished serving a 23-month prison sentence for charges related to the illegal dog-fighting operation he ran out of his house. Shortly after the charges were announced he was suspended indefinitely from the NFL by Goodell.

The reinstatment could have huge implications on Vick's bankruptcy plan. Vick filed bankruptcy on more than $20 million in debt. He lists $16 million in assets, but is trying to keep many of his assets.

In April, a judge rejected Vick's Chapter 11 bankruptcy. A chapter 11 is rare for individuals, but Vick's case is somewhat unique do to the size of his estate and debts, and his desire to retain property.

But the plan involved a $1 million payment to his creditors upfront, and that was cash Vick didn't have. He tried to auction off one of his homes, but no bids were made on the $3.2 million residence.

A new bankruptcy plan is built around his ability to once again earn big bucks in professional. Before his arrest, Vick was in the middle of a 10-year, $130 million contract.

But it's unlikely he'll be able to command those dollars again. Several teams, including his former team the Atlanta Falcons, have already said they aren't interested in signing the quarterback.

But there's still a good chance that one of NFL's 32 teams will take a chance on the former star, even though he hasn't played since the 2006 season.

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Money troubles come to the best of us.

Check out these MLB players who turned to filing bankruptcy when their money troubles caught up to them:

  1. Lenny Dykstra, former star center-fielder for the New York Mets and Philadelphia Phillies, filed for Chapter 11 bankruptcy protection this month. He has no more than $50,000 of assets and between $10 million and $50 million of liabilities.
  2. Bill Buckner, a former Red Sox player, went bankrupt in 2008 after his post-athletic career car dealership failed.
  3. Baseball Hall of Famer Gaylord Perry went bankrupt in 1987 after filing for Chapter 7 bankruptcy. Having played for an astounding eight different MLB teams over the course of his 35-year career, Perry’s post-MLB career farming endeavors failed in the mid-eighties.
  4. Pitcher and predicted Hall of Fame nominee Tony Gwynn filed bankruptcy in his sixth season in the league, citing back taxes of slightly over $1 million and poor investments, which he blamed mainly on his agent.
  5. Rollie Fingers, a Hall of Fame pitcher inducted in 1992, filed bankruptcy in 1989 after investments in pistachio farms, Arabian horses and wind turbines went awry. It’s said he owed more than $4 million and his assets were listed as less than $50,000. He was also involved in a tax scandal in 2007.
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Thursday, July 16th, 2009

High Fashion Filing Bankruptcy?

With bankruptcy filings on the rise across the country, you might say that filing bankruptcy is in fashion. But fashion in bankruptcy? Well, that's happening, too.

Over at the Washington Post's Bankruptcy Beat, Jacqueline Palank looks at the bankruptcy troubles of high-end designers around the world. The list includes:

Money's tight for everyone these days, whether you're wearing Chuck Taylors or Manolo Blahniks.

Here's to hoping you look good, whatever the economic climate.

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