Archive for the ‘Bankruptcy News and Events’ Category

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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Bet you'd be surprised at some of the famous folks who sought bankruptcy protection--check it out:

  1. Abe Lincoln, the 16th President of the United States sought asset protection in bankruptcy when he declared in 1833. It took him 17 years to pay off friends who had given him money to start his business.
  2. Recently deceased TV legend Ed McMahon filed for bankruptcy upon learning that he was late $644,000 on a $4.8 million loan for a home in Beverly Hills, California. His lender had filed a notice of default.
  3. Oscar-winning film producer, and animation and theme park pioneer Walt Disney filed for bankruptcy in 1923 after backers for the corporation he started two years earlier pulled out. In 1921, he started the Laugh-O-Gram Corporation in Kansas City, Missouri, with only $15,000 from investors. It proved to be too problematic for New York distributors of his animated fairy tales.
  4. Trailblazer automobile manufacturer Henry Ford went broke almost three times before he sold his first car, and filed for bankruptcy.
  5. Marvin Gaye filed for bankruptcy in 1976 after an expensive divorce, tax problems, and drug addictions. To deal, he moved to Hawaii and lived in a bread van.
  6. M.C. Hammer decided on filing bankruptcy in 1996 after telling the U.S. Bankruptcy Court Central District of California that he was $13.7 million in debt and had only $9.6 million in personal assets.
  7. Talk-show host and best selling American author Larry King filed bankruptcy in 1978 at which point he was $352,000 in debt, accused of stealing $5,000 from a business partner, and charged with grand larceny.
  8. In 1979, Tom Petty filed for Chapter 11 bankruptcy with debts of $500,000. He was in the middle of negotiating a ploy against MCA Records which had recently bought Petty’s indie label Shelter Records. Not wanting to go to a new label without consent, Petty viewed bankruptcy as a way for him to negotiate a fresh deal with his new label home.
  9. Anna Nicole Smith, 1993’s Playboy Magazine “Playmate of the Year,” filed for bankruptcy in California in 1996 as a result of an $850,000 judgment against her in a sexual harassment lawsuit.
  10. Donald Trump’s Trump Entertainment Resorts Inc. filed for Chapter 11 bankruptcy protection on February 17, 2009. His casino group, Trump Entertainment Resorts Inc. had assets of about $2.1 billion and total debts of about $1.74 billion as of December 31, 2008.
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Former New York Mets and Philadelphia Phillies slugger Lenny Dykstra has filed for Chapter 11 bankruptcy protection in federal court, according to Jim Salisbury of the Philadelphia Inquirer.

When filing bankruptcy in California, Dykstra, who is 46, claimed less than $50,000 in assets and between $10 million and $50 million in debts.

In an e-mail to the Inquirer, Dykstra, currently a resident of Lake Sherwood, California, said that “sometimes the difficult decisions in life are the most necessary.”

His bankruptcy attorney, Walter Hackett, issued a statement indicating that the filing would:

“shield (Dykstra’s] from a host of meritless claims. This action will provide Mr. Dykstra time to reorganize his estate and successfully challenge the multitude of meritless claims that have been made against him.”

Not the 'Player' He Wanted to Be

One troublesome asset-turned-debt appears to be The Players Club, a glossy magazine that Dykstra launched in 2008.

The publication targeted professional athletes and advertised many of the creature comforts reserved for the ultra-rich, including private jet services.

Dykstra has been accused of not paying for services rendered to the magazine, with at least one staff member, Kevin Coughlin, a former photo editor, filing a lawsuit to recover unpaid wages.

Coughlin wrote an article detailing his experience working for The Players Club for GQ magazine, titled, “You Think Your Job Sucks? Try Working for Lenny Dykstra.”

The $60 Million Dollar Lie?

When contacted by the Philadelphia Inquirer regarding the claims that he was in dire financial shape, Dykstra told a reporter that he was taking the call while driving his Rolls Royce, implying that he was doing well financially.

Dykstra’s bankruptcy filing reports that the former slugger earned $36.5 million during his twelve year MLB career, which ended with his retirement in 1996. Eight of those years were spent in Philadelphia.

Dykstra has also reported having made millions of dollars via Wall Street investment opportunities.

He has also invested in numerous entrepreneurial opportunities, according to the LA Times, including the above mentioned magazine, a chain of car washes and even a column for investment site TheStreet.com.

As recently as April, Dykstra told ESPN that he was worth $60 million. The same article reported that Dykstra has been the subject of two dozen legal actions in the past two years, with litigation pending or in progress from coast-to-coast.

Dykstra In Foreclosure?

His filing lists credit-card companies, banks, attorneys, printers and auction houses among his creditors.

He owes JPMorgan Chase & Co. $12.9 million and $229,000 to his literary agent.

The three-time all-star owns a mansion in California worth $18 million, but this property is reported to be in foreclosure.

Even family members are piling on—Dykstra’s brother, Kevin, is also suing the former player and claiming that he was not paid his stake when Dykstra sold a chain of car washes the two co-owned for $50 million.

The fate of his Rolls Royce remains unclear.

Sources: The Philadelphia Inquirer, The Los Angeles Times

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Monday, July 13th, 2009

Chicago Cubs Consider Filing Bankruptcy

This report just came across, via the Chicago Tribune: The Chicago Cubs are considering filing bankruptcy.

The Cubs are currently in the process of being sold by their owner, the Tribune Company, who filed for bankruptcy earlier this year.

If the Cubs do file, they will be the first baseball team in forty years to do so.

Although still in negotiations, the Tribune is looking to sell the Cubs and Wrigley Field for around $900 million.

This cash will go towards the Tribune's own debt. The leading contender to take ownership of the Cubs is an investment group headed by Chicago-native Joe Ricketts, although there are rumors of another group making a late push.

By all accounts, jokes about the Cubs offense being bankrupt since April are fair game.

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Well, the city of Chicago really knows how to kick somebody when they're down.

The City of Chicago is looking into hiring some debt collection agencies - some of them with checkered pasts - to collect outstanding debts owed to the city. This includes unpaid utility bills and parking tickets.

Just a few months ago, the city quadrupled parking meter rates in the middle of massive economic turmoil. Now, they'll be turning to collection agencies to ratchet up the pressure on financially strapped families.

From the Chicago Tribune's story:

"A lot of the private companies that are in line for collecting government debt have long histories of hiring people who are abusive toward debtors," said Joe Ridout, spokesman for Consumer Action in San Francisco. "They impugn the reputation of the government agencies that they are supposed to be helping out."

Ridout said some collection agencies call people at work to try to embarrass them into paying. In other cases, he alleged, bill collectors have told debtors with Hispanic surnames that they could arrange for them to be deported unless they pay up.

And who will be paying for the "work" these agencies are doing? City taxpayers. This could be a huge deal for collection agencies, who are licking their lips:

The Chicago contract could be a "giant deal," said Sean Keegan, national marketing director of United Recovery Systems in Houston. He estimated a private company would need about 200 collectors and could keep 18 percent to 30 percent of what it rakes in for the city.

If you're dealing with collection agencies, you should keep your rights in mind. Each state has their own laws regulating how collection agencies operate. Generally speaking, collection agencies:

  • Are allowed to call only between 8 a.m. - 9 p.m. If you're receiving calls late at night the collection company could be in violation of the law.
  • Cannot use profane language.
  • Cannot threaten physical harm to your or anyone else or threaten to damage your property.

If you feel your rights have been violated, speak with an attorney right away.

And if you want the harassment to stop, remember that when you file bankruptcy the Automatic Stay court order usually puts a legally-binding halt to all collection actions.

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