In October, Friendly’s restaurants filed for bankruptcy protection, closing about 100 of its 500 locations scattered along and slightly inland of the East Coast. Now emerged from bankruptcy court, sources note that the restaurant has shifted its focus toward ice cream products designed for distribution to grocery retailers, and is seeing positive results.

Here’s a look at the details of that shift and what individual bankruptcy filers can learn from it:

  • This year, Friendly’s introduced branded ice cream products into 2,400 Walmart locations, 300 A&P and Pathmark supermarkets, 200 Food Lion stores, 178 Giant Food outlets, 70 Target locations, and others. In total, Friendly’s increased its supermarket presence by 40 percent.
  • At present, Friendly’s already outsells national competitors (including Breyers, Edy’s, and Turkey Hill) in some New England stores.
  • Last year, the Friendly’s ice cream cake manufacturing plant produced 1 million cakes for distribution, up from 300,000 a few years before.
  • The chain’s Executive VP of Retail Financing has noted on the record that he would like to double the chain’s supermarket presence in the next three to five years.

Adjusting to the Times after Bankruptcy

Analysts have noted that the restaurant industry was one of the hardest hit by the recession. Since the crash of the housing market, Americans have been eating out less often and less lavishly—meaning, in some cases, that diners are skipping appetizers and dessert when they did go out for a meal.

For Friendly’s, this translated to a serious decrease in what had once been its bread and butter: in-restaurant sales of ice cream products. Even as Americans’ consumption of ice cream in restaurants decreased in recent years, though, our ice cream eating at home rose significantly.

Friendly’s made the difficult decision to shift its long-time focus on restaurant ice cream sales to the potentially more lucrative grocery store sales. Why difficult? Because in order to produce the quality and quantity of ice cream demanded by grocery store customers, Friendly’s had to overhaul its factories, which reportedly cost several million dollars.

The expense may have contributed to the company’s need for bankruptcy protection, but it also paved the way for success following its bankruptcy discharge. Now, Friendly’s is on the road to recovery thanks to its in-store sales of ice cream products.

Here’s how you can make Friendly’s bankruptcy maneuvers work for you:

  • Think long-term. We usually know what financial decisions will make the most sense for us in the long term, but we’re often pressured to make other decisions. Ultimately, choices made with the long view in mind will pay off… in the long run.
  • Don’t fear bankruptcy. Done right, bankruptcy allows individuals and companies shed debt and emerge healthier, stronger, and able to get ahead financially.
  • Mind the times. Things that worked for you last year or ten years ago may not work today. The sooner you accept that and adjust your finances accordingly, the easier your transition out of bankruptcy is likely to be.
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Copyright © 2012 TotalBankruptcy, LLC. (as licensee). All rights reserved.

In 2009, when Chrysler accepted a federal bailout and filed for bankruptcy protection, many critics shook their heads, suggesting that the carmaker should be allowed to fail if it was not producing cars that appealed to the market.

But just two years after emerging from bankruptcy protection, Chrysler has earned a profit, and appears to be on target to continue doing so in coming years. Here’s a look at the specifics of Chrysler’s success, why bankruptcy worked for the car manufacturer, and what individual bankruptcy filers can learn.

Chrysler’s Bankruptcy by the Numbers

  • In 2009, Chrysler accepted $12.5 billion in bailout funds. Though the carmaker repaid its loans, analysts estimate that the public lost about $1.3 billion on the deal, all told.
  • In 2011, Chrysler notched a profit of $183 million, up significantly from a loss of $652 million in 2010. Forecasts for 2012 predict that the company will earn $1.5 billion this year.
  • Sales in 2011 jumped at home (24 percent) and abroad (22 percent), totaling 1.86 million vehicles.
  • Sources note that January 2012, sales were up 44 percent compared to the same month a year ago.
  • In the fourth quarter of 2011, Chrysler recorded a net income of $225 million, up from 2010’s net loss of $199 million.

Why Bankruptcy Worked (and What We Can Learn)

Part of Chrysler’s post-bankruptcy success might be attributed to an improvement in the overall economic situation. The country is not in as dire straits now as it was when the company filed its bankruptcy petition. However, the bankruptcy court success of both Chrysler and GM (which filed for bankruptcy around the same time and is now similarly profitable) resulted from a number of important factors, including these.

  • Knowing when to file. As with individual bankruptcy cases, timing matters in corporate bankruptcy. For individuals, waiting too long to file a bankruptcy petition can be counterproductive, especially if a filer burns through savings or retirement accounts in an effort to repay debtors. Under the protection of the bankruptcy court, retirement accounts and some savings are protected from creditors.
  • Cutting unproductive arms. Chrysler closed down a number of dealerships and cut off less-productive brands under its aegis in an effort to streamline its operations. The cuts paid off, allowing the company to produce vehicles that people are more interested in buying. Individuals in bankruptcy may be able to completely eliminate certain debts, and can generally rearrange others to make repayment of those debts easier.
  • Changing strategy. Moving out of bankruptcy, Chrysler plans to introduce new models of cars (and bring back some old favorites) in order to meet the changed demands of the public. Individuals emerging from bankruptcy must similarly assess their daily behaviors and expenses, and make significant changes to prevent a recurrence of debt.
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An Atlanta-area bookstore surprised its fans last week when it filed for Chapter 7 bankruptcy protection to deal with its $508,673 in debts. At the time of the filing, it seems, Outwrite Bookstore had less than $300 in its checking account, a circumstance that underscored the dire financial straits the bookstore found itself in.

Part of a Larger Trend

While Outwrite’s Chapter 7 filing in particular came as a surprise (the bookstore had admitted financial troubles in recent months, but had apparently held a fundraiser to help with relocation costs even as it was paying a bankruptcy lawyer to help it draw up plans for winding down), its place in the grand scheme of booksellers these days is nothing new.

With online giants like Amazon underselling most of its competition, many independent (and even not-so-independent, ahem, Borders) brick-and-mortar sellers have felt a serious strain.

Individual Chapter 7 vs. Business Chapter 7

When Outwrite filed its Chapter 7 petition, the bookstore cited only $78,311 in assets, compared with its debts exceeding $500,000. Most of those assets, it seems, took the form of office supplies and inventory the store still had on hand.

It’s not entirely uncommon to see individual Chapter 7 bankruptcy cases with similar disparities in debt and assets. Here’s why Chapter 7 bankruptcy tends to work well for those with few assets to their name:

  • Chapter 7 bankruptcy offers a full discharge of certain debts, meaning that filers are not required to repay those debts. For a business like Outwrite, choosing Chapter 7 makes sense when there’s no clear way to earn the money needed to repay creditors. For individuals, Chapter 7 can provide relief from debts that are unrealistically higher than a filer’s income (such as exorbitant medical bills or credit card debts).
  • Filers can keep their necessities. Chapter 7 bankruptcy is a form of protection, not punishment. Filers are granted several “exemptions,” which outline property a filer can keep in order to make a fresh financial start after the bankruptcy case is finished. Any property or assets that the court deems unnecessary to reasonably make a living may be sold in a liquidation sale.
  • Chapter 7 offers relief from creditors. Chapter 7 filers enjoy the legal protection of the automatic stay during their bankruptcy cases. This stay prevents creditors from taking any collection actions against them. Once a debt is discharged in bankruptcy, creditors have no legal claim to it, and cannot rightly take collection action.
  • Chapter 7 moves quickly. In a matter of months, filers can complete the bankruptcy process and restart their lives uninhibited by the debts of their past. In their lives after bankruptcy, filers are free to rebuild their wealth.
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News outlets have reported in recent weeks how the recession hit Denver-based sandwich chain Quiznos. In fact, until recently, many sources assumed Quiznos would opt for bankruptcy protection to alleviate its debt burdens brought on by a lowered demand for sandwiches and a price war with its main competitor, Subway.

But this week, the sub shop decided to avoid bankruptcy court by ceding control of its operations to Avenue Capital, one of its major creditors. According to sources, the deal will involve a takeover of corporate management by Avenue, while franchise operations should continue to operate normally.

Bankruptcy & Bankruptcy Alternatives for Individuals

At the corporate level, the Quiznos decision to avoid bankruptcy made sense: in exchange for eliminating some of the sandwich chain’s debt, Avenue got to take corporate control. If the new owner plays its cards right, it could make the changes necessary to turn Quiznos around and return it to profitability.

Individuals may face similar choices. Here’s how to navigate the world of debt-relief options.

  • Creditor negotiation: Essentially the Quiznos route, this method of easing debt may benefit both parties. Debtors get some of their debts forgiven by their creditors, and creditors don’t have to worry about having those debts completely eliminated by the bankruptcy court. In some cases, individuals can negotiate with creditors for modified repayment terms (such as lower interest rates, reduction in principal, or lowered monthly payments) in exchange for refraining from filing bankruptcy. Note: if you’re interested in creditor negotiation, be sure to let your creditors know that you’re considering a bankruptcy filing, and be sure to get any new agreements in writing.
  • Credit Counseling: This bankruptcy alternative involves visiting with a credit counseling professional to work through a debt-elimination plan. These plans may be comprehensive, including budget outlines, repayment schedules, and suggestions for future credit and debt usage. Note: if you’re considering credit counseling, be sure check your local Better Business Bureau for complaints against the firm.
  • Debt Settlement: In debt settlement, the debt settlement agency communicates with a debtor’s creditors to negotiate better debt repayment terms. While potentially very effective, debt settlement can also end in disaster (when firms unscrupulously take consumer money without actually helping them resolve their debt issues). Note: if you’re considering debt settlement, be sure to consult with the BBB and other online resources to determine the quality of the company you’re working with.

When to Choose Bankruptcy

It’s important to note that, while bankruptcy is not the right choice in all debt situations, it remains the only debt elimination solution that is regulated at the federal level and offers filers protection from debt collectors and creditors through the court's automatic stay.

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In 2009, a class action lawsuit brought in California challenged credit-reporting bureaus TransUnion, Equifax, and Experian with improperly reporting debts that had been discharged in bankruptcy. The defendants (that is, the credit-reporting bureaus) eventually came to a settlement with the plaintiffs (the people responsible for bringing the suit), to the tune of $45 million.

The court approved the settlement by issuing an Order Granting Final Approval, but on August 12, 2011, the defendants filed a brief challenging that order, in regards to attorney fees and costs of the case. The result of this appeal won’t be known until at least later this year: the deadline for Appellants to file relevant briefs with the court is January 23, 2012, and Appellees have until February 24, 2012.

Will You Get Settlement Money?

The lawsuit was brought because Equifax, Experian, and TransUnion improperly reported debts that had been discharged in bankruptcy on consumers’ credit reports. Rather than noting that these debts were “discharged through bankruptcy,” the credit bureaus noted that they were “120 days late” or that they had been charged off by the credit issuer.

Incorrectly reporting the status of a debt is illegal (which is why the lawsuit was filed), but it also caused a lot of grief for the people affected. When a debt is still reported as active, debt collectors may try to collect on that debt.

The result was that people who had filed for bankruptcy and gone through the entire bankruptcy process precisely to eliminate their debts and stop getting hassled by debt collectors were having to deal with debt collectors anyway (along with the stress of trying to sort out why their credit reports were incorrect).

You are eligible to collect some of the settlement if…

  • You are a member of the “class” represented by this class action case. To be a part of the class, you must have received a Chapter 7 bankruptcy discharge AND had a credit report issued by one of the defendants (i.e. the three credit reporting bureaus) between March 15, 2002 and May 11, 2009 with incorrectly reported discharged debts.
  • You must have submitted a claim form with relevant information no later than November 30, 2009.

If you missed the deadline, however, don’t worry too much. Even though the settlement amount seems large, it will be spread out over so many individuals that it likely won’t result to more than a few dollars per person.

If, however, you’re interested in exploring other legal options regarding errors on your credit report, you may want to consult with a lawyer about the recourse available to you.

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Copyright © 2012 TotalBankruptcy, LLC. (as licensee). All rights reserved.

A few weeks ago, Sean Quinn, once the richest man in Ireland, filed for bankruptcy protection. But according to sources, his bankruptcy filing has not gone the way he imagined it. First, Quinn (who made billions in construction and real estate ventures and lost it through a bad gamble investing in Anglo-Irish Bank), was not permitted to file his bankruptcy petition in Northern Ireland.

Like many other “bankruptcy tourists” in the Republic of Ireland, Quinn apparently wanted to take advantage of the United Kingdom’s more lenient bankruptcy laws to make his case. He was thwarted, though, just recently, when a court ruled that he had misled the Northern Ireland bankruptcy authorities about the hub from which he conducted most of his business.

Now, filing for bankruptcy in the Republic of Ireland (which is independent of the U.K., unlike Northern Ireland, which is under the U.K.’s aegis), Quinn will have to wait about 12 years before the bankruptcy is cleared from his credit record. In the U.S. Chapter 7 bankruptcy remains on a person’s credit report for 10 years, but its impact diminishes with time.

“A Personal Vendetta”

In a move that does nothing to make him seem more sympathetic, Quinn has now reportedly accused Anglo-Irish Bank of holding a “personal vendetta” against him, and for that reason making his bankruptcy filing more troublesome.

Briefly, Quinn’s history with Anglo-Irish Bank (AIB) is this:

  • During the housing bubble, AIB extended itself beyond its means with ill-advised real estate loans.
  • Convinced the bank would rebound from its troubles, Quinn invested in its stock, gaining as much as a 28 percent stake in the company.
  • In addition to investing in the bank, Quinn also borrowed money to reinvest, putting himself largely at the bank’s mercy, should it collapse.
  • In 2008, AIB was forced to nationalize to avoid complete collapse. The process resulted in eliminating investments Quinn had with the bank worth about €2.8 billion.

Now Quinn owes AIB more than €2 billion. The now-nationalized bank has since received an order from a Dublin bankruptcy court to collect that money from Quinn. During the course of his bankruptcy, he will likely have to pay most or all of what he owes, or surrender assets to compensate the bank.

At present, it seems the bank is legally pursuing collection of the loan, though Quinn maintains that its officers pushed him into making unwise investments that led to the debt in the first place.

If there’s any kind of “lesson” we can take away from this tale of wealth and woe, it’s one of relief: it’s always refreshing to realize that our debts are not quite as overwhelming as they might be.

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A class action lawsuit being brought against JPMorgan Chase alleges that the bank engaged in fraudulent activity in tens of thousands of bankruptcy cases.

The suit claims that the bank actively deceived many people involved in the bankruptcy process, including Chapter 7, Chapter 13, and Chapter 11 trustees; bankruptcy judges; creditors; creditor attorneys; debtors, debtors in possession, and debtors’ attorneys; and the Office of the United States Trustee.

Among the charges being leveled against Chase are that the bank did the following:

  • Committed fraud, perjury, and intentional misrepresentation in bankruptcy court by producing false title transfer evidence (sources claim that the bank used PhotoShop in some cases) in order to “prove” its stake in thousands of bankruptcy cases.
  • Provided manufactured evidence to willfully deceive those involved in the bankruptcy process about who truly held class members’ non-negotiable promissory notes.

What Is Chase Actually Accused Of?

In plain English, Chase is facing charges of providing false evidence regarding home mortgages in bankruptcy cases. Specifically, the lawsuit alleges that:

  • Chase fabricated documents that recorded its chain of ownership of residential mortgage loans. In order to be able to claim ownership of mortgage debt in bankruptcy court (or any court), a person must have a hard copy of the mortgage’s promissory loan (also called a Master Loan Note, or MLN). Because of electronic mortgage registration systems and securitization of mortgages (two factors that greatly contributed to the expansion and burst of the housing bubble), however, most banks no longer hold paper MLNs.
  • Chase presented falsified documents in bankruptcy court. In order to “prove” that it was the lender to whom a bankruptcy filer owed money, Chase allegedly presented these fabricated documents to bankruptcy courts (because it did not have actual documentation).
  • Chase rewarded lawyers for speedy action. During a bankruptcy case, filers are protected from collection actions like foreclosure by the automatic stay. But creditors can petition the court to lift that stay in order to collect on certain debts. In Chase’s case, the charges claim, the bank rewarded attorneys for producing false documents quickly and convincing the court to lift the stay quickly so that Chase could foreclose or collect money on a bankruptcy filer’s home.

Who Is Affected By the Class Action Suit?

The class named in the suit (Ernest Michael Bakenie v. JPMorgan Chase Bank, N.A., filed in the Central District of California) includes bankruptcy filers who live in California. To find out whether you are a member of the class, you can consult with a bankruptcy lawyer in your area.

Plaintiffs in the suit are seeking damages, restitution, injunctive relief, and disgorgement of profits.

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The bankruptcy judge overseeing the bankruptcy of the Los Angeles Dodgers has approved an agreement reached between the team and Fox News, meaning that a sale of the team can go forward, according to reports from the Associated Press.

The news was met with relief from the team’s creditors, because quick approval will likely translate to the team’s ability to maximize the value of its bankruptcy estate with a timely sale and fewer legal negotiations than might have otherwise been required. Creditors get paid based on the amount of money available in the bankruptcy estate, so the agreement and court approval seem to be good news for everyone.

While the bankruptcy of a professional baseball team may seem as if it’s worlds away from most people’s individual debt struggles, the Dodgers’ bankruptcy drama actually provides a great jumping-off point to clarify some key elements of the process of personal bankruptcy.

What the Dodgers Can Teach You about Personal Bankruptcy

Avoid the mistakes that led this baseball franchise into bankruptcy court, and you’ll improve your own odds at financial success.

  • Don’t live off future earnings. One major reason the Dodgers were pushed into bankruptcy was because the team’s owner, Frank McCourt, was counting on the renewal of a TV deal from Fox Sports to pay salaries in the coming year. When Major League Baseball’s commissioner rejected the contract Fox offered, McCourt was left with few choices other than to file for bankruptcy and lose control of the team—which is what the commissioner wanted in the first place (see the next list item).
  • Dicey accounting won’t hold up in the long term. One reason MLB’s commissioner pushed the Dodgers into bankruptcy was because McCourt was allegedly using team money for non-team (i.e. personal) expenses. It seems McCourt frittered away as much as $180 million that didn’t belong to him, which led higher-ups in the league to target him for removal.
  • Sometimes, you are your own best asset (in a good way!). The Dodgers are working on finding a new TV deal, which will partly finance their team expenses next season. Because enough people want to watch the Dodgers, the team should be able to emerge successfully from bankruptcy protection—and the same is true of most individuals! If you have the drive and determination to eliminate your debt and prove yourself to be a good credit risk, creditors, employers, and others will eventually see that and you’ll be able to recover after bankruptcy. Bids to purchase the Dodgers were due on January 23, and already a number of possible buyers have reportedly expressed interest in the team.
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In a statement released last week, the New York Mets (i.e. the city’s non-Yankees baseball team) announced that it was enlisting the help of a financial firm known as a “turnaround specialist and bankruptcy consultant,” as the New York Times puts it.

In 2010, the company helped oversee the bankruptcy filing of the Texas Rangers. But while the Mets are reportedly facing some pretty serious debt burdens (including $400 million owed to several banks and $25 million owed to Major League Baseball), the team has not given any other public or official indication that it is considering a bankruptcy filing. Still, the consultation with the bankruptcy-focused firm suggests that the team is certainly considering court protection.

So what can individuals learn from the Mets’ maneuvers? Primarily that the bankruptcy process should begin long before an individual actually files his or her bankruptcy petition with the court. For most individuals, the bankruptcy process really begins during the information-gathering period.

Talk with the Right People Before Choosing Bankruptcy

Like the Mets, those considering personal bankruptcy can and should consult with knowledgeable sources before deciding whether or not to file a petition with the bankruptcy court. Individuals have a few choices about whom to speak to:

  • A credit counselor: Many credit counseling organizations provide free or low-cost financial evaluations for consumers in need of guidance about whether or not to file for bankruptcy. Credit counselors run by community groups often charge little or nothing for leading consumers through a non-bankruptcy debt elimination process. And if you do decide to seek bankruptcy protection, the court requires a pre-filing credit counseling session anyway.
  • A bankruptcy lawyer: Most bankruptcy lawyers offer free initial consultations during which they can help clients determine whether filing for bankruptcy makes sense financially. After that consultation, the client can move forward with bankruptcy or a bankruptcy alternative confident that his or her decision will work in his or her own best interest.
  • An accountant: Those who work with an accountant or tax preparer regularly may find consulting with this person useful as part of the bankruptcy-consideration process. Small business owners may be best served by an accountant’s opinion.

The Importance of A Well-Informed Bankruptcy Decision

Filing for bankruptcy is a major financial step in anyone’s life, and should not be undertaken lightly. Further, waiting until the last possible minute to file for bankruptcy can have detrimental effects on an individual’s or family’s finances.

By starting the bankruptcy process well ahead of actually filing a bankruptcy petition, individuals set themselves up for a less stressful (and potentially more successful) bankruptcy process. For many Americans struggling with debt burdens, consulting a financial or bankruptcy professional is the first step in making a decision about bankruptcy.

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A recent article on Forbes.com lashes out against the state of student lending and student debt in the United States. The author makes several salient points regarding the problems surrounding student debt, which cripples many graduates largely because it is very difficult to discharge in bankruptcy.

But what makes a loan “predatory?” The nation conspicuously lacks a legal or official definition for “predatory lending,” but the Forbes article cites many attributes of student loans that suggest they might fall into this category. These include:

  • Student loans do not come with “free-market consumer protections.” Student loans cannot easily be discharged in bankruptcy (compared to other unsecured loans); borrowers do not have the option to restructure their student loans; and these loans come with no real statute of limitations in most cases. Lacking these protections, borrowers are more or less bound for life to repay any money they borrow for their education.
  • The organizations that are meant to oversee student lenders (called “guarantors”) make roughly 60 percent of their revenue from fees and penalties associated with loans that have gone into default. In other words, the groups intended to protect borrowers from lender abuse actually have a financial interest in borrowers not being able to repay their loans as outlined in their loan terms.
  • Student lenders have broader debt collection rights than other types of lenders. This means that they have a better chance of collecting some or all of the money owed to them (including money owed as part of penalties and fees).

Comparing Other Types of Predatory Loans to Student Loans

To refresh your memory about problematic predatory lending that has made headlines in recent months and years in the U.S., here’s a quick outline of how two different types of predatory loans were outed and then blasted by pretty much every consumer advocate in the country.

  • Subprime mortgages: These fueled the housing bubble (and bust), and essentially amounted to lending money to people who had no real chance of repaying it. One of the hallmarks of many subprime mortgages issued was that those in the lending, loan servicing, and investment fields had financial incentives for the loans to fail. In other words, these people stood to make money when borrowers defaulted on their loans, because of late fees and other penalties (sound familiar?).
  • Payday loans: The target of several pieces of legislation in recent years, payday loans are profitable to the lenders exactly because borrowers are not expected to be able to repay them as originally agreed. Payday loans become most lucrative when borrowers must pay late fees and penalties—meaning, of course, that they were designed to extend money to those who did not have a good chance of repaying it.

Congress has made some noise about reforming the student loan industry, but as of now, no real, meaningful changes have been implemented.

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