Happy 4th of July

The entire staff at Foster Law Offices would like to extend our wishes for a safe and Happy 4th of July! To celebrate the 4th of July holiday we would like to share with you the reason for the 4th of July and the words to the Star Spangled Banner. Enjoy!

On July 4, 1776, we claimed our independence from Britain and Democracy was born. Every day thousands leave their homeland to come to the "land of the free and the home of the brave" so they can begin their American Dream.

The United States is truly a diverse nation made up of dynamic people. Each year on July 4, Americans celebrate that freedom and independence with barbecues, picnics, and family gatherings. Through the Internet we are learning about and communicating with people of different nations, with different languages and different races throughout the world. Bringing the world closer with understanding and knowledge can only benefit all nations. 

Oh, say can you see, by the dawn's early light,
What so proudly we hailed at the twilight's last gleaming?
Whose broad stripes and bright stars, through the perilous fight,
O'er the ramparts we watched, were so gallantly streaming?
And the rockets' red glare, the bombs bursting in air,
Gave proof through the night that our flag was still there.
O say, does that star-spangled banner yet wave
O'er the land of the free and the home of the brave?

On the shore, dimly seen through the mists of the deep,
Where the foe's haughty host in dread silence reposes,
What is that which the breeze, o'er the towering steep,
As it fitfully blows, now conceals, now discloses?
Now it catches the gleam of the morning's first beam,
In full glory reflected now shines on the stream:
'Tis the star-spangled banner! O long may it wave
O'er the land of the free and the home of the brave.

And where is that band who so vauntingly swore
That the havoc of war and the battle's confusion
A home and a country should leave us no more?
Their blood has wiped out their foul footstep's pollution.
No refuge could save the hireling and slave
From the terror of flight, or the gloom of the grave:
And the star-spangled banner in triumph doth wave
O'er the land of the free and the home of the brave.

Oh! thus be it ever, when freemen shall stand
Between their loved homes and the war's desolation!
Blest with victory and peace, may the heaven-rescued land
Praise the Power that hath made and preserved us a nation.
Then conquer we must, for our cause it is just,
And this be our motto: "In God is our trust."
And the star-spangled banner forever shall wave 
O'er the land of the free and the home of the brave!

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Posted in Happy 4th of July

Teen Clothing Chain DEB Files for Bankruptcy Protection

NEW YORK (AP) - Teen retailer Deb Shops Inc. says several of its lenders have made a joint opening bid for the company as it enters Chapter 11 bankruptcy court protection and begins a financial restructuring.

The company said Sunday that it needed to restructure after a slowdown during the recession. Its stores will continue normal operation during the process, the company said.

Deb Shops, which sells junior and plus-size clothing online and in more than 324 stores nationwide, was a public company for nearly 25 years before Lee Equity Partners took it private in 2007. It began in the 1930s as a hosiery store in Philadelphia.

Still based in Philadelphia, the company said it filed its bankruptcy petition with the U.S. Bankruptcy Court for the District of Delaware and will be bought out by lenders led by Ableco Finance LLC in a deal expected to close in September.

Lee Equity Partners will receive a partial stake in the company due to its interest in Deb Shops' senior credit facility.

Deb Shops joins many other retailers felled by the recession as consumers cut their spending, including Circuit City Stores Inc. and Linens `N Things.

"The dramatic unexpected change in the economy beginning in 2008 made a financial restructuring of this kind critical," the company said.

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Posted in bankruptcy protection , clothing chain bankruptcy , deb bankruptcy , retail bankruptcy

Judge OK's Dodgers Bankruptcy Financing Arrangement

WILMINGTON, Del. (AP) - A Delaware judge on Tuesday authorized the Los Angeles Dodgers to enter into a $150 million bankruptcy financing arrangement after the club satisfied certain concerns raised by Major League Baseball, which had filed an objection offering its own financing proposal and blasting owner Frank McCourt's stewardship of the team.

The proposed financing agreement with hedge fund Highbridge Capital, which was approved on an interim basis pending a July 20 hearing, allows the Dodgers to draw an initial $60 million to maintain operations.
Baseball Commissioner Bud Selig's office had objected to the financing proposal in court papers Tuesday, accusing McCourt of siphoning off more than $100 million in club revenue and driving the Dodgers into a liquidity crisis. Selig's attorneys argued that his office could provide a loan on better terms, and that McCourt's financing proposal should be rejected because it compels the team to sell valuable future broadcast rights to meet current expenses and to provide money for the personal use of McCourt, whom the league accused of using team proceeds to lead a "lavish lifestyle" with his ex-wife.

But after attorneys huddled behind closed doors for more than an hour Tuesday afternoon, the league agreed to let the Dodgers proceed with their proposed financing arrangement, with two modifications.

One of the modifications reduces the exit fee that would be due to Highbridge from $4.5 million to $250,000. The other removes certain milestones in the financing agreement regarding the sale of the team's broadcast rights. Those milestones included weekly updates on the team's effort to license its broadcast rights, and a July 29 deadline to agree on a sale process calling for bankruptcy court approval of a sale within six months of Monday's bankruptcy filing, and a closing within 45 days of the court order.

The Dodgers have blamed their bankruptcy filing on Selig's refusal to approve a multibillion-dollar TV deal that McCourt was counting on to keep the cash-starved franchise afloat. Selig said in court papers that the deal was not in the best interests of the team or the league.

While agreeing to the interim financing, both sides reserved their rights to argue all issues surrounding the bankruptcy filing, including the possibility that the league might seek to have the case dismissed, and whether former Texas Rangers President Thomas Schieffer should remain as monitor of the Dodgers. Schieffer was appointed to monitor the team on Selig's behalf after the commissioner took the extraordinary step in April of assuming control of the troubled franchise, saying he was concerned about the team's finances and how the Dodgers are being run.

"I recognize that there is a lot ahead of us," Judge Kevin Gross said before adjourning Tuesday's hearing.
In addition to issuing the interim financing order, Gross granted several routine motions that will allow the team to continue operations, authorized the Dodgers to continue paying vendors, utility providers and employees, and to keep up with tax and insurance obligations.

The granting of such motions is routine in first-day hearings in bankruptcy court, but Gross noted that the baseball club's case is unique in some aspects.

"I haven't seen a wage motion quite like this one," the judge said, referring to the team's 44-page motion to continue paying hundreds of full-time and part-time employees, including about 250 players, most of whom are in the minor league ranks.

Gross also granted the team's request to honor payments it is required to make under collective bargaining agreements.

"The seamless, uninterrupted operation of the team is vital," said Richard Seltzer, an attorney for the Major League Baseball Players Association.

Thomas Lauria, an attorney representing Selig's office, disagreed with Bennett that the league and the team were adversaries, saying the league views the Dodgers as one of its "cherished crown jewels" and an "essential component."Lauria did suggest, however, that the league was at loggerheads with McCourt, whom he blamed for "today's sorry mess."

In addition to the dispute with the league over financing, the Dodgers are facing a challenge from McCourt's ex-wife, Jamie, who is battling in a California divorce court for half of his ownership assets.
"Jamie McCourt is a presumptive owner of 50 percent of assets," said Laura Davis Jones, an attorney representing her.

Jones urged the judge to do only what is minimally necessary to preserve the assets of the team.
"Nothing should be done today that locks the future of this case into concrete," she said.

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Posted in bankruptcy financing , Dodgers Bankruptcy , MLB Bankruptcy

Happy Fathers Day

Foster Law Offices would like to extend wishes for a very Happy Fathers Day to all the fathers, mentors and men who been "father figures". This Sunday we honor you.


From our family to yours ~ Happy Fathers Day.

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Posted in Fathers Day

10 Celebrities Who Filed Bankruptcy

1. MC Hammer
   Ask anyone who grew up in the 1990's to name an MC Hammer song, and I can guarantee that not only do they know lyrics, but they also had the dance moves to go with them. As one of the biggest hit makers during his time, MC Hammer had an entourage that rivaled the Queen of England's- and it showed on his bankroll.
   
   He paid 300 people approximately $500,000 a month. Apparently he wasn't "Too legit to quit" because in 1996 he filed for bankruptcy to stop paying on the $13 million he owed. The debts included $110, 000 to an interior decorator, $100,000 to the IRS, and over $500,000 to a lawyer.
   
   
   
2. Burt Reynolds
   In the 1970's Burt Reynolds was the man. He owned mansions on both coasts, a helicopter, a Florida ranch and a hot wife. Life couldn't get better, so instead it got worse.
   
   After a few not-so-stellar movie choices, and a pretty pricey divorce from his wife, his finances weren't the hottest. In 1996 Reynolds filed for a Chapter 11 bankruptcy, owing over $10 million in debt. He was able to keep his $2.5 million dollar Florida home under the Chapter 11 homestead exemption, and paid back a portion of the debt over the next two years.
   
   
   
3. Larry King
   Larry King estimated wealth today is at $50 million, nearly 30 years after filing bankruptcy. In 1978 King was in a dire financial situation. He had been accused of stealing money from his business partner and charged with grand larceny. The charges were dropped, but the scandal hadn't help with his career.
   
   Eventually his talent shined as the scandal dimmed, and after a few good money moves (and a few good prenups -he's been married seven times), he's found monetary success.
   
   
   
4. Willie Nelson Nelson had a similar problem as MC Hammer; he liked a big entourage and he paid them well. So well, in fact, that his sideman drummer is in the "Guinnes Book of World Records" as the world's highest-paid for his position.
   
   In 1990 the government was tired of waiting for $16.7 million in past taxes, so they seized his bank accounts, his Texas ranch, and his gold records. Nelson released an album called "The IRS Tapes: Who Will Buy My Memories?"- and became a Taco Bell spokesperson- to help settle his debts. In 1993 his bill was officially paid and his finances back in stable order.
   
   
   
5. Donald Trump
   Besides his hair, Donald Trump is famous for his successful real estate adventures and extravagant lifestyle. And then there are his bankruptcies, err, his casinos. His casino 'empire' first filed bankruptcy in 1992. Then again in 2004. And then again in February 2009.
   
   He's lost billions in this business venture, yet fortunately for Trump he has his TV gig and real estate to keep his personal finances afloat.
   
   
   
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6. Don Johnson
   Pay attention to this one, it has a better plot line than most of the shows this celebrity has been a part. Don Johnson, known mostly for his Miami Vice days, is the owner of a poorly named company called Timber Doodle Glad Equity Venture LLC, and he also owns a ranch called Woody Creek in Denver, Colorado.
   
   In March of 2004 Johnson owed $950,000 to City National Bank, which was just a small part of his $14.5 million in debts. City National Bank filed a lawsuit to auction off his house in order to pay for their portion. So Johnson had his company file Chapter 11 bankruptcy, to use the money that should have been going to creditors to pay off his personal debts, which he was able to with less than 24 hours before the auction of his ranch. Whew... what a nail biter!
   
   
   
7. Mike Tyson
   As one of the youngest heavyweight champions ever, Mike Tyson earned millions for just one fight, receiving over $300 million in his career. He was a big guy, making big money, and spent it on a big lifestyle. One of those big purchases was a pair of pet tigers, which was just a small dent in his big debt.
   
   Tyson owed $13.3 million to the IRS, had $400,000 in monthly expenses, and had amassed a bill of $27 million dollars owed to creditors. In 2003 both he and his company, Mike Tyson Enterprises, filed for bankruptcy. Now all he has is his tattoo and gold teeth.
   
   
   
8. Wayne Newton
   Wayne Newton, also known as Mr. Las Vegas because of his 30,000 solo shows in the city, had to file for bankruptcy in 1992. He spent years suing NBC in a nasty libel case about 'apparent' ties with the mafia and eventually accrued over $25 million in debt, including $341,000 for back taxes.
   
   Luckily for him, dark hair and fake tans brought him fame and fortune at the Stardust Hotel, which has a contract that 'apparently' pays him $25 million a year for performing 40 weeks out of the year for 10 years. He's been sittin' pretty in sin city since 1999.
   
   
   
9. Kim Basinger
   Kim Basinger is a model turned actress, and a good one at that. Not only is she good looking, but she made good career moves that led her to win a Golden Globe Award, Academy Award and a Screen Actors Guild Award.
   
   Unfortunately, she's not as good as an entrepreneur. In 1989 Basinger bought a small town in Georgia that she wanted to turn into a Hollywood hangout with movie studios and film festivals. She also decided to back out of the movie "Boxing Helena" (good career move). Basinger was sued for backing out of the movie and after encountering financial difficulties with make a small city in Georgia cool, she filed for bankruptcy in the early 1990's.
   
   
   
10. Cyndi Lauper
    In the 1980's you couldn't go an hour without hearing one of Cyndi Lauper's pop hits, but it wasn't always that way. Before her hit album "She's So Unusual," her previous band called Blue Angel released an album that did not make any money. The band fired their manager, broke up and then sued by their ex-manager for breach of contract.
    
    In 1980 Lauper had to file for bankruptcy and work in retail just to scrape by. Fortunately, she was soon just a girl having fun at the top of the charts and a huge pile of money.

Source: http://www.bankruptcyhome.com/Celebrities-Filing-Bankruptcy.htm

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Posted in Celebrity Bankruptcy , donald trump , larry king , mc hammer

Perkins Files Chapter 11 Bankruptcy

Perkins & Marie Callender's Inc. this week filed a voluntary petition for relief under chapter 11 of the Bankruptcy Code. The Memphis-based operator of family- and casual-dining restaurants operates primarily in the Midwest, Florida and Pennsylvania under the name Perkins Restaurant and Bakery and in the Western U.S. under the name Marie Callender's Restaurant and Bakery.

As of April 17, the company owned and operated 160 Perkins restaurants and 85 Marie Callender's restaurants

The company posted revenues of $507 million in 2010.

In the weeks preceding the bankruptcy filing, the company entered into a restructuring support agreement with private investment funds managed by Wayzata Investment Partners LLC, a Minnesota-based private equity firm. Wayzata controls about $293 million of Perkins outstanding debt.

In connection with the restructuring agreement, the company and Wayzata negotiated the principal terms of Perkins' plan of reorganization and debt maturity extensions. The company also entered into an agreement with Wells Fargo Capital Finance to provide it with a $21 million debtor-in possession financing facility.

As part of its restructuring plan, the company closed 58 restaurants across the country and is looking to cancel leases on those eateries as well as seven other previously closed restaurants.

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Posted in Chapter 11 Bankruptcy , Perkins , Perkins Bankruptcy , Restaurant Bankruptcy

Risk of Bankruptcy Doubles After Cancer Diagnosis

(HealthDay News) -- As cancer patients' survival times increase, so do their bankruptcy rates.
That's the finding of a new study by researchers who compared U.S. bankruptcy court records to cancer registry data from nearly 232,000 adult cancer survivors in western Washington over 14 years.

The investigators reported that, on average, bankruptcy rates quadrupled within five years of cancer diagnosis. Compared to the general population, bankruptcy rates among cancer survivors were nearly twice as high one year after diagnosis, and the median time to bankruptcy was 2.5 years after cancer diagnosis.

"The risk of bankruptcy for cancer patients is not well known, and previous studies have relied on individual self-reports about medically related reasons for bankruptcy filing," study leader Dr. Scott Ramsey, a health care economist and internist at Fred Hutchinson Cancer Research Center, said in a center news release. "By linking two irrefutable government records of cancer and bankruptcy, we are able to determine how financial insolvency risk varies by cancer type, treatment and other factors."

The risk of bankruptcy was highest among patients with cancer of the lung, thyroid and leukemia/lymphoma. People over 65 -- who are typically covered by Medicare -- have a much lower risk of bankruptcy than their younger counterparts. The researchers also noted that the number of U.S. cancer patients declaring bankruptcy has increased significantly since the recent economic downturn began.
"Patients diagnosed with cancer may face significant financial stress due to income loss and out-of-pocket costs associated with their treatment," Ramsey said in the news release.

The study was presented this week at the American Society of Clinical Oncology's annual meeting in Chicago. Because this study was presented at a medical meeting, the data and conclusions should be viewed as preliminary until published in a peer-reviewed journal.

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Posted in bankruptcy medical bills , cancer and bankruptcy , cancer diagnosis , risk of bankruptcy