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Erie, PA Bankruptcy Blog

Blogging about Bankruptcy Topics in Erie County & Erie, PA.

Thursday, June 30, 2011

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!



Teen Clothing Chain DEB Files for Bankruptcy Protection


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.


Thursday, June 16, 2011

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.


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.




  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


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.

Read Original Article Here.


Thursday, June 9, 2011

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.

More information


Duchess of York, Sarah Ferguson Debt-Free After Facing "Emotional Bankruptcy"

LOS ANGELES (Reuters) - A year after hitting rock bottom in a royal favors scandal, the disgraced former daughter-in-law of Britain's Queen Elizabeth says she is now debt-free and positive about the future.
But it was a grueling struggle back to emotional and financial health for Sarah Ferguson, the Duchess of York, judging by a candid six-part documentary making its debut on U.S. television on Sunday.

"Finding Sarah", on Oprah Winfrey's cable channel OWN, follows the ex-wife of Prince Andrew in a search for her own self-esteem as she seeks to rebuild her life following repeated acts of what she calls "self-sabotage."

"Dear diary," Ferguson begins. "What have I done with my life? How did I get it so wrong?...After 25 years in public life, I have lost who I am and it torments me."
Ferguson, 51, embarked on the documentary after being caught in a British tabloid newspaper sting in May 2010 in which she offered to sell access to Prince Andrew for $40,000.

It was the ultimate fall from grace for the exuberant, flame-haired duchess. Hailed as a breath of fresh air when she married the Queen's second son in 1986, she was later dubbed the "Duchess of Pork" by British tabloids.

The answers to her latest quest come just as harshly in "Finding Sarah." American TV advice guru Dr. Phil McGraw tells a tearful Ferguson that she is "emotionally bankrupt," and diagnoses her as being addicted to the approval of others.

Financial self-help expert Suze Orman tells her she is "broken inside," and urges her to become financially independent from Prince Andrew. The couple divorced in 1996 but Andrew later provided Ferguson with a free home in England. Continued...


Thursday, June 2, 2011

Wisconsin Man Will Serve Prison Sentence for Lying During Bankruptcy

The moral of the story is, tell the truth. One Wisconsin man was not only deep in debt, but in deep trouble due to his lies. According to the FBI,  Edward W. Fedosky, 56, Madison, Wis., was  sentenced Friday, May 27, by U.S. District Judge Barbara B. Crabb to six months in prison for lying under oath at a bankruptcy hearing.
Fedosky pleaded guilty to this charge on March 15, 2011. On October 3, 2006, Fedosky filed a Chapter 7 bankruptcy petition, seeking to discharge just under $19,000 owed to various creditors.

Throughout the next 17 months, Fedosky repeatedly failed to provide requested documents to
the bankruptcy court and failed to appear at a number of scheduled hearings. Finally, on  March 24, 2009, Fedosky appeared at a scheduled meetng and falsely testified under oath about the tax return that he provided to the bankruptcy trustee.

After the bankruptcy trustee found out Fedosky had lied, Fedosky’s bankruptcy case was closed in November 2008, without an order discharging debts and no monetary loss to the government.


Marilyn Monroe's Iconic "White Dress" Photograph Under Bankruptcy Protection

According to an article published in The Wall Street Journal, "A treasure trove of photographs taken by the late Sam Shaw, whose most iconic frozen moment captures Marilyn Monroe standing over a subway grate with her white dress billowing up around her, is now under Chapter 11 protection.

The bankruptcy filing by Shaw Family Archives Ltd. Wednesday is just another chapter in the Shaw family’s history, a plot filled with equal parts glamour and contention. Edith Marcus, the organization’s president and Sam Shaw’s daughter, blamed the filing on “a series of lawsuits involving the photographs and other issues.” She wasn’t available to comment on the restructuring Wednesday.

Sam Shaw, according to the archive’s website, started off as a magazine photographer but later found his home in the film industry. He and his son Larry captured images of A-list movie stars like Fred Astaire, Humphrey Bogart, Marlon Brando, Judy Garland, Audrey Hepburn and Elizabeth Taylor. That’s not to mention a host of other luminaries like athletes, musicians, directors, artists and authors—Muhammad Ali, Louis Armstrong, the Beatles, Cecil B. DeMille, Marcel Duchamp and Elie Wiesel are all on the list.

But it was Shaw’s relationship with Monroe that stood out. According to the New York Times, Monroe—who would have been 85 Wednesday—called Shaw for advice during the demise of her marriage to baseball player Joe DiMaggio. DiMaggio and fellow Monroe-ex Arthur Miller are also among Shaw’s many famous subjects.

As if the celebrity rolodex isn’t compelling enough, add a family feud to the mix. In a 1994 lawsuit, Shaw accused son Larry of stealing photographs and sought $100 million in damages as well as a ruling that he, not his son, owned thousands of photographs, including the famous (and the most lucrative) Monroe photos. Larry Shaw fought back over some of the photographs in question, arguing that he had shot them. According to New York court records, when Sam Shaw died several years into the lawsuit, his daughters Edith Shaw Marcus and Meta Shaw Stevens stepped into their father’s shoes.

The family struck a settlement in 2002 under which Shaw Family Archives was created to take ownership of the 500,000 photos in Sam Shaw’s possession as well as 20,000 photos Larry Shaw had. Larry Shaw got a 50% ownership stake in the archives, while the sisters split the remaining 50%. In the organization’s bankruptcy petition, Larry Shaw’s estate—he has since died—maintains its 50% stake, but the sisters each now own 10% stakes. Other family members own the rest.

Even with that lawsuit settled, the Shaw family became entangled in more litigation. The attorneys who represented both sides of the family in the prior lawsuit sought to place liens of more than $1 million on the photographs. In 2007, a New York court upheld a ruling granting the liens on the photos and also extended the liens to any recovery of insurance proceeds related to the collection of images. Both attorneys are now listed among Shaw Family Archives’ creditors in its bankruptcy petition—one is owed $488,720 plus interest, while the other has a claim for $557,505.77 plus interest.

To read the original article, click here.


Hawaii Bankruptcy Filings Flat in May

According to an article in Honolulu's Star Advertisor... "Statewide bankruptcy filings were virtually flat in May, but there was a spike in Chapter 13, or so-called wage-earner, cases.
Total filings slipped 0.6 percent to 334 from 336 in the year-earlier period and marked the fourth time in five months this year that the number of cases had decreased from the same month in 2010, according to data released yesterday from the U.S.  Bankruptcy Court, District of Hawaii.
For the year, the 1,567 cases filed are 5.1 percent lower than the 1,651 filings through May of last year.

There were no Chapter 11 reorganization filings by Hawaii businesses in May, though two businesses, Oahu-based B.J. Genz Plumbing LLC and Vision Communications Inc., which does business on Kauai as Kekaha Enterprises, filed for Chapter 7 liquidation.
While the number of Chapter 7 cases, which offer debt liquidation, dropped 10.4 percent in May from a year ago, the number of Chapter 13 filings shot up 40.9 percent, to 93 cases from 66 for the same period. One reason could be the number of homeowners "trying to save their home" from foreclosure, said bankruptcy attorney Edward Magauran.
"People are facing foreclosure and they're also at the same time racing to modify their mortgages under the HAMP (federal Home Affordable Modification Program), and they're not getting it done. Either the bank isn't taking them seriously and doesn't modify their mortgages, or foreclosure is breathing down their necks, so a lot of people will file a Chapter 13 to keep their real property," he said.
In such cases, filers can keep their real property, even if they are behind on payments, provided they make their regular  monthly mortgage payments on time from and after the date of filing, and pay the Chapter 13 trustee a monthly amount to be disbursed to creditors, Magauran said. "The mortgage company then must treat you as being current, provided you do both of those things," giving filers the opportunity to attempt to complete a mortgage loan modification.
"The other absolutely, unbelievable, beautiful thing that you can do in a Chapter 13 that you cannot do in a 7, and we're seeing more of these, is lien stripping," he said. That practice strips a second mortgage from real property, as long as the homeowner owes more money on the first mortgage than the current fair market value of the property, Magauran said.
Other debts also may be restructured and partially discharged in Chapter 13 cases, Magauran said.
Some Chapter 13 filers probably should have filed under Chapter 7, said bankruptcy attorney Blake Goodman, but to some attorneys,"it's all about fees, to be extremely honest." A Chapter 13 case might cost an average of $4,000 to complete, while a Chapter 7 case can cost a filer between $1,200 and $1,500.
However, the "whole idea" behind the 2005 change in bankruptcy law was to "force more people into Chapter 13," so that more  of their debt would be paid off, rather than discharged through Chapter 7 filings.
Given that, a Chapter 13 case is "a very powerful tool for a lot of things that a Chapter 7 cannot help with," said Goodman, who has represented bankruptcy clients in three states over 21 years.
The 93 Chapter 13 filings represent just under 28 percent of the May total, which Goodman believes underrepresents the "number of cases that should be filed to service the debt problems that are out there." A more realistic split between the types of personal bankruptcy filings is 40 percent Chapter 13 and 60 percent Chapter 7, he said.
In any event, Goodman's case load has somewhat lightened since last year when professionals in various industries were "lined  up around my office," making his current outlook on the economy "very rosy" compared with a year ago.
Click Here to read the original article.