Posts Tagged ‘file bankruptcy’

Weighed down by old debt, Six Flags, owner of amusement parks across the country, has filed for Chapter 11 bankruptcy protection in U.S. Bankruptcy Court in Wilmington, Delaware.

The company listed assets of $3 billion and debt of $2.4 billion as of the end of 2008, according to Forbes.com. Thirty-six affiliates also sought protection.

The company had a market value of $26 million on June 12, and investors did not seem confident that the company could refinance a large amount of debt coming due later in the summer.

Nonetheless, Six Flags president and CEO Mark Shapiro is optimistic.

In a letter to employees, Shapiro states that “[the] brand and [its] operations are on solid ground. This process is strictly a financial restructuring of our debt.”

Shapiro describes the current debt as “an unsustainable 2.4 billion debt load from the previous management team.”

The company released a statement saying that it will seek court approval of a predetermined reorganization plan to cut its debt by $1.8 billion and eliminate more than $300 million worth of preferred stock options.

Making the Filing Bankruptcy Decision

The filing illustrates how the current state of an entity and its overall health are not always the same thing.

Six Flags says it had a record year in 2008, making around $275 million.

The decision to file bankruptcy, Shapiro says, came because the company was paying out $175 million in interest on its debt load and $100 million in operating costs.

“That’s a balancing act you just can’t risk year in and year out,” he says. The additional $400 million of debt coming due this year “could not be refinanced in these financial markets.”

The company attempted to reorganize out of court with creditors, but these efforts proved fruitless. The principal investor in Six Flags is Daniel Snyder, who also owns the Washington Redskins football team.

He owns 6% of Six Flags and became company chairman in 2005.

Snyder installed a new management team to right the company, which had not posted an annual profit since 1998. Since Snyder became chairman, the company had losses of $558.8 million.

Six Flags operates 20 theme parks in the United States, Canada and Mexico.

Will Six Flags Close Because of the Bankruptcy?

None will close as a result of the Chapter 11 bankruptcy filing. Shapiro says that all of the parks are profitable, and none will lose employees, including, perhaps unfortunately, “Mr. Six,” the bald, dancing pitchman featured in many of the company’s advertising campaigns.

Jeff Speed, the Chief Financial Officer for Six Flags, indicated that some challenging circumstances had contributed to the filing, including the closure of Six Flags Mexico City for a week during the height of the Mexican outbreak of H1N1 influenza, commonly called swine flu.

At Six Flags Over Texas, president Steve Martindale reports business as usual. “We’ve received very few calls about the bankruptcy,” he said. “I am surprised, but not surprised. People have heard about so many companies involved in bankruptcies that they see it as a survivable incident. It really doesn’t affect the consumer.”

That may be true, but Six Flags is hoping for a swift ride through filing bankruptcy, with no loops or corkscrews on the way.

Sources: Forbes.com, Ft. Worth Star-Telegram

As too many Americans know, loans with monstrous interest rates can lead to what seems like endless rounds of debt and bills.

And, in some cases, excessive interest rates can push struggling consumers to filing bankruptcy.

The “Consumer Credit Fairness Act,” a bill now before the Senate Judiciary Committee, would give consumers a little help for dealing with such costly loans.

Proposed Terms of the Consumer Credit Fairness Act

As it now stands, the proposed legislation would do two major things for Americans:

  • Limit creditors’ collection rights in bankruptcy: Lenders whose loans came with excessive interest rates (defined by the bill as 15 percent higher than the current yield on a 30-year U.S. Treasury bond) would come last on the list of creditors to be repaid in bankruptcy court.
  • Improve consumers’ chances of bargaining for lower rates: Because of the above change, consumers would likely be able to negotiate lower interest rates with their creditors instead of filing for bankruptcy.

How the Consumer Credit Fairness Act Could Help You

Imagine this scenario: you’ve got one or more loans with interest rates that are through the roof (credit cards, car loan, payday loan, overdraft loan, etc.).

Unless you can get your creditors to lower their interest rates, there’s no way you’ll be able to continue making payments and you’ll have to file for bankruptcy. So you call up your creditor:

  • YOU: Hello, I’d like you to lower my interest rates.
  • CREDITOR: Why should I do that? That means I’d collect less moola from you, a struggling consumer.
  • YOU: Well, you see, if you don’t lower my rates, I’ll file bankruptcy. And, thanks to the Consumer Credit Fairness Act, your loans will be the last on my repayment list. So you might not get any money at all.
  • CREDITOR: Hm. That doesn’t sound too good.
  • YOU: Exactly.
  • CREDITOR: All right. How does [insert lower rate here] sound?
  • YOU: Excellent.

While the above dramatization may illustrate a slightly simpler procedure than you’ll actually go through should this bill pass into law, it does show the essentials of how the legislation may likely work.

Opponents Predict Tighter Credit

Some have criticized the bill as being too generous to consumers, suggesting that, should it become law, it would limit creditors’ overall ability to lend money.

But supporters contradict this claim, insisting that the bill would more likely push lenders to rely more universally on types of loans with more reasonable interest rates.

Wednesday, March 11th, 2009

Death and Debt Collectors

In today's economy, budgets are tight in many households. While people are losing their homes to foreclosure and their jobs to the financial crisis, life marches forward.

In addition to financial stresses, family obligations and emergencies can't be avoided.

When a Loved One Dies

The loss of a loved one is devastating.

In addition to the emotional and psychological pain, the financial pain can also be great.

If the deceased had no insurance coverage to cover funeral expenses, it’s typically the responsibility of the immediate family to cover the cost.

This can add an extra burden to a family who may already be struggling.

Debt Predators

At least one company is now actively pursuing payment for debts of the deceased, according to The New York Times.

Some grieving family members are receiving collection calls from DCM Services in New York.

DCM Services employs debt collectors to call relatives of deceased debtors and ask if they would agree to settle the deceased’s balances on credit cards, loans or other final bills—even though the family often has no legal obligation to do so.

Unfortunately, many people don’t know that.

DCM uses this to their advantage.

How Debt Predators Find Their Targets

The collection company uses carefully crafted tactics and scripts to convince a large number of people that coughing up cash they don’t owe is the right thing to do.

The collection agency has been so successful in convincing people to pay up, collection efforts on accounts of the deceased are becoming a bigger trend.

How They Do It

The company first checks nationwide probate court databases to find out if the deceased person has an estate open.

If so, the company may file a claim against the estate and attempt to have the debt settled through the probate court.

However, in cases where there’s no estate, calls are made directly to the next of kin with condolences—and an appeal for them to settle the deceased’s debts.

Debt collectors at DCM receive specialized training to prepare them to confront family members with a loved one's burden of debt and teach them to play the morality card when boldly asking for payment.

Many people don’t know that they don’t have any obligation to satisfy the debt but they agree to pay because they believe their loved ones would have wanted them to, or to avoid any suggested legal or credit problems.

The Facts

In general, unless a family member is a co-signer on an account, they’re not legally responsible for the debts of their deceased family member.

In most cases, there’s no risk of a family member being penalized for refusing to pay a debt left behind by the deceased.

But, unfortunately, this fact is artfully omitted during the collection calls, unless the family member asks the debt collector firmly and directly about their legal obligation to pay.

Learn more about how filing for bankruptcy may help stop creditor harassment.

Moody’s Economy.com chief economist Mark Zandi estimates that 2.6 million people will lose their jobs if GM, Chrysler and Ford collapse and that the economy is too weak to handle such a big blow.

That number includes 250,000 people who are directly tied to the big three automakers and another 2.3 million people whose jobs are indirectly dependent on the big three.

Those indirectly affected workers come from the advertising, steel, glass, fabric, tire and electronic industries, including all those workers who have businesses near the auto plants.

Obviously the big three automakers are having a tough time. Without federal aid or a huge sales turnaround--(which is highly unlikely)--one or more of the big players will have to file bankruptcy.

Stay tuned to Total Bankruptcy blog for the news as it develops.

Friday, November 7th, 2008

Bankruptcy Lawyer Going to Prison

A bankruptcy lawyer from Jackson, MS is heading to prison after being convicted of defrauding his bankruptcy clients out of thousands of dollars.

John Allen was sentenced to serve 32 months in federal prison after he pleaded guilty to the fraud-related charges.

According to prosecutors, the 61-year-old bankruptcy attorney would get money from his clients and directly deposit it into his trust account.

He then would tell his clients that the money was used to “minimize their debts” and “satisfy creditors". Later he would transfer the funds from his trust account right into his personal account.

Allen practiced law in Mississippi since 1980 until he was disbarred in 2007. Many people seeking to file bankruptcy became unfortunate victims of his manipulations and fraud.

This shocking story of bankruptcy negligence and abuse shows just how important it is to have a bankruptcy lawyer on your side that you can trust.

The older the age group, the higher the bankruptcy filing rate is, according to new analysis from the Consumer Bankruptcy Project, which examined bankruptcy filings between 1991 and 2007.

Those under 55 saw double-digit percentage drops in their filing rates, but people 65-75 years old were more than twice as likely to file bankruptcy and those 75 and older were more than three times as likely to file.

In 1991, those 55 and older accounted for 8 percent of bankruptcy filers, but by 2007, the number jumped to 22 percent.

The filing rate per thousand people aged 55-64 was up 40 percent; 65-74 year olds’ filing rate was up 125 percent; and the 75-84 group increased their filing rate a whopping 433 percent.

Higher prices on food, home supplies and other basic items have certainly contributed to this unfortunate filing bankruptcy trend.

Aged people are also more susceptible to incur expensive medical bills. Another contributing factor is that people are retiring with more debt and still have mortgage payments to make on their fixed incomes.