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Erie, PA Bankruptcy Blog

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

Friday, October 25, 2013

Price Tag for Tulleys Coffee to Exceed 9 Million

Lawyers for the Tulley's estate filed suit to force the buyers to pay about $550,000 worth of additional post-filing costs. The suit filed in Seattle US Bankruptcy Court argued that the investor group, Global Baristas LLC owes them additional monies after modifying the terms of purchase.

The group which beat out Starbucks at a 13-hour auction, won the bid at 9.1 million, however, fine print terms allowed for the price to change.

According to court documents, "Tully’s coffee shops filed for bankruptcy in October 2012, blaming its financial hardship on “the economic downturn that affected Seattle and San Francisco, at a time when the market for new equity issues was significantly deteriorating”.


Wednesday, February 6, 2013

Former Politician and Convenience Store Mogul Files Bankruptcy

Controversial convenience store magnate Christy Mihos' bankruptcy filing is the latest fallout from his financial and domestic tailspin in the past several years. First Mihos' adhamently denied assaulting his wife, now he is facing accusations from more than a dozen creditors who say Mihos' owes them money.
 
The former Massachusetts Turnpike Authority vice chairman and gubernatorial candidate  filed Chapter 7 bankruptcy for Hyannis-based Christy's of Cape Cod LLC on Jan. 31 in U.S. Bankruptcy Court in Boston, according to court documents. He cited between $1 million and $10 million in debt owed to more than a dozen creditors.
 
Mihos sold off 11 of his 13 convenience stores on the Cape to Hess Corp. in 2009. He closed the other two stations a year later.
 
The former  was hit by a slew of lawsuits and claims of financial malfeasance during his latest bid for the state's highest office in 2010. After losing in the primary, Mihos, 63, continued to fail to meet his financial obligations, according to lawsuits by private creditors and Massachusetts Attorney General Martha Coakley.
 
A year ago, Mihos' private life began to unravel. In February 2012, he was accused of assaulting his wife in Florida as well as in July 2011 at the couple's West Yarmouth home.
 
During the investigation, Mihos' wife, Andrea, told police she was concerned about her husband's mental health and claimed he had hired strippers, prostitutes and porn stars for sex.
 
After the allegations, Mihos released a statement admitting to mistakes in judgment and said cancer surgery and a serious fall in December 2009 had changed him.
 
Mihos' bankruptcy lawyer, Jeffery Johnson of Centerville, declined to comment through a representative reached at his office, but Mihos' creditors are set to meet with the bankruptcy trustee later this month.
 
 


Friday, December 14, 2012

Worlds Most Valuable Poster Sold in Bankruptcy Court

What is thought to be the world's most valuable movie poster along with eight others sold to a film memorabilia collector for $1.2 million.

The Metropolis poster by German Expressionist Heinz Schulz-Neudamm was purchased as part of a lot in a Los Angeles bankruptcy court Thursday.

Schulz-Neudamm created the poster in 1927 for the German Expressionist science-fiction film of the same title by Fritz Lang.

New Jersey resident Ralph DeLuca, who owns film memorabilia company Movie Archives Inc., won the bidding over three other bidders, Reuters reports. Bidding for the poster started at $700,000.

"I honestly feel that the 'Metropolis' poster is worth more than the whole lot," DeLuca told Reuters. A collector bought the futuristic poster for a record $690,000 back in 2005, which had been a record. Some speculated when it was filed with the bankruptcy court last summer that it could fetch as much as $1 million.

"I think I'll keep the poster unless I get overwhelmed with a 'Guinness Book of Records' offer," said DeLuca. "I believe it will be the first to go past $1 million and even hit $2 million."

Schulz-Neudamm's painting of the artificial woman, or the Robot, is used by a mad scientist to seduce an race of workers in a totalitarian futuristic urban city. Made in Germany during the Weimar Period, Metropolis is set in the year 2026 in a dystopian society in which a wealthy elite rules from vast tower complexes, oppressing the workers who live in the depths below. The silent film was written by Lang and his wife Thea Von Harbou, and starred Brigitte Helm, Gustav Fröhlich, Alfred Abel and Rudolf Klein-Rogge.

In 2008, a print of Lang's original cut of the film was found in Argentina.
[Source: Reuters]


Thursday, December 13, 2012

Federal Judge Allows Popular PA Ski Resort to be Sold at Auction

Scranton, PA -  A federal bankruptcy judge had the final say, allowing bankruptcy trustee Gary Seitz to solict bids for the purchase of Northwestern Pennsylvania'a Sno Mountain to satisfy its creditors.

The Ski Resort's finances were a slippery slope themselves, as the resort has accumulated over $24 million dollars in debt and nearly $420,000 in tax liens. The list continues with over $400,000 due to the IRS and a bill more than double that size owed to the Commonwealth of Pennsylvania.

The resort filed for Chapter 11 bankruptcy protection in October, and court records list the resort with assets of only $171,562.00.

The sale is expecetd  to be completed no later than April 8. In the event there are no buyers, the resort’s largest secured creditor, DFM Realty, will be allowed to execute on its debt.

Snö Mountain is still scheduled to open for the winter season on or about Dec. 20, resort officials indicate, and the judge's order permits the resort to use its cash fund its operations this winter, including paying 13 full-time employees and renewing its insurance policy that expires this month.

Read more...


Monday, November 26, 2012

Bankruptcy Trial for Former Telatron Owners Getting Closer

According to GoErie, The former owners of a bankrupt Erie telemarketing business are getting closer to a trial in U.S. Bankruptcy Court in Erie over claims that they engaged in a multimillion-dollar fraud while they ran the company.
Chief U.S. Bankruptcy Judge Thomas P. Agresti last week rejected a proposed settlement that would have ended the case against the two top officials of what had been the Telatron Marketing Group Inc.

Agresti, who cited a clerical error in turning down the proposal, has scheduled a trial for Dec. 13-14 at the federal courthouse in Erie.
Some of the claims against Telatron are related to an affiliate debt-collection business, Unicredit America Inc., which ran a fake courtroom to intimidate debtors until an Erie County judge shut down that business in November 2010.

Telatron's parent company, Creditron Financial Corp., filed for bankruptcy in 2008. The bankruptcy trustee for Telatron is pursuing the fraud claims against Telatron's former owners and founders -- Alfred D. Covatto, 73, who had been the company's chief executive, and his wife, Joyce M. Covatto, 61, who had been the company's president. They filed for personal bankruptcy in 2011.

The Covattos had also been the landlords for Telatron, in the 1500 block of West 38th Street, and Unicredit, in the 1500 block of West 39th Street. Unicredit's president was Michael J. Covatto, 51, Alfred Covatto's son and Joyce Covatto's stepson. He filed for bankruptcy in 2011.

The trustee in the Telatron case is Erie lawyer John Melaragno. He is in charge of trying to get money for the creditors of Telatron, which listed debts of $4.8 million in its bankruptcy filing. That included $2.4 million in unpaid federal taxes.

Melaragno is claiming Alfred and Joyce Covatto are liable for as much as $4.1 million related to fraud. He is alleging Telatron and the Covattos got the money through improper financial transactions during the bankruptcy.

Melaragno, according to court records, is claiming that Telatron paid the Covattos excessive rent of $852,089; that another Telatron affiliate, the Academic Lending Center, collected $2.5 million that Telatron should have received; that Telatron, through a corporate credit card, paid the Covattos' personal expenses of $62,133; and that Telatron improperly paid $727,082 for wages and benefits for 19 Unicredit employees from February 2008 to February 2010.

The Covattos are arguing that the claims are groundless, and that Telatron owes them unpaid rent of $342,000. The Covattos have demanded a jury trial, though the case could go to a nonjury trial. Jury trials are so rare in U.S. Bankruptcy Court in Erie that Agresti's courtroom has no jury box.

The settlement would have ended Melaragno's claims for $410,000. Melaragno had agreed to set aside $135,000 of that amount to cover the claims of unpaid rent to the Covattos, leaving the couple to pay $275,000 to Melaragno, who would distribute the money to Telatron's creditors.

If the case goes to trial, the claims would amount to $1.6 million rather than the full $4.1 million. That is because Agresti on Tuesday entered a default judgment of $2.5 million against the Academic Learning Center.

Melaragno is arguing that the Covattos are responsible for the judgment, which, according to court records, is connected to another Telatron-related company, Teletron Marketing Group -- whose name differs from Telatron's by one letter. Teletron did not respond to Melaragno's claims over the $2.5 million, leading to the default judgment.

Based on the court filings, it's uncertain how much of the claims the Covattos would be able to pay if they lose at trial. The Covattos, who live on St. Mary Drive in Millcreek Township, are still working on a plan to pay creditors in their personal bankruptcy case, and "now face the loss of their residence to a pending foreclosure, have lost their business and lost their jobs," according to the proposed settlement.

The Telatron case has generated some money for creditors. A New York City company, Y & Y Holdings LLC, bought Telatron's assets for $600,000 in Bankruptcy Court in January, renamed the business Agility Marketing Inc. and moved it from Telatron's former offices to Millcreek.

The former offices of Telatron and Unicredit are for sale for $2.7 million.


Tuesday, November 20, 2012

According to a recent article published by Go Erie, Erie's Community Country Day School have filed for Chapter 11 bankruptcy protection, citing hundreds of thousands of dollars in debt and unpaid taxes that accumulated as the school lost donations and grant funding.

Community Country Day School is a private school, founded in the late 1960's with an enrollment of approximately 140 students grades K-12. The school specializes in providing mental health services for students.

According to documents filed in U.S. Bankruptcy Court in Erie on November 9th, the school owes the IRS approximately $175,000 in back taxes and that is just the beginning....
  • $600,000 owed to Northwest Savings Bank
  • $60,679 in Pennsylvania unemployment compensation
  • $41,455 to Awareness Ministries
  • $30,000 to Community of Caring
  • $28,000 to Pennsylvania Department of Revenue
  • $27,623 to Pennsylvania Department of Education
Community Country Day School officials expect to be back in Chief U.S. Bankruptct Judge Thomas Agresti's courtroom on Dec. 20.


Wednesday, November 14, 2012

Manhatten Federal Bankruptcy Court Will Re-Open

(Reuters) Federal bankruptcy court in Manhattan reopened  Yesterday after being closed for more than two weeks due to flooding and other damage caused by Hurricane Sandy, according to its website.

The court, which had been without steam, Internet and phone connection, is "now operational," according to an announcement on the site on Monday.

For large companies restructuring under Chapter 11 in New York, like Patriot Coal Corp and American Airlines parent AMR Corp, it means returning to normal after days of postponed or relocated court hearings.

The court, a major hub for corporate restructurings and liquidations, is located at One Bowling Green, near Manhattan's southernmost tip. The area suffered major flooding and power outages after Hurricane Sandy touched ground in the New York area on Oct. 28.

Visit Reuters for the complete story.




Tuesday, November 13, 2012

CSI Actor Files For Bankruptcy

A pending foreclosure, mounting credit card bebt... CSI Actor Gary Dourdan found himself in the headlines after he was sued over his credit card debt in 2010.

His financial troubles continued as Wells Fargo Bank wanted to place his California summer home up for auction this summer to help pay off his mortgage debts. In August 2012, Gary chose the path that so many other have turned to for a new financial start... bankruptcy.

In the court documents, obtained by TMZ, Dourdan claims he has just over $1.8 million in assets, but owes several creditors a total of $1.73 million, with the largest creditors being financial institutions.

Dourdan listed  a 2006 Dodge Charger worth $7,000, $4,000 in furniture, $1,500 in clothes, and $500 in watches as some of his posessions.
 
What does he make a month? Court documents state that he earns an average of $14,883 a month, but his bills leave him with just $321 in disposable income.

According to MSN's Wonderwall Dourdan, 45, "is predicting a more promising future and "anticipates major acting roles", which he hopes will help settle his debts".

The actor has not landed a significant film or TV job since his "CSI" analyst character Warrick Brown was killed off in the season nine premiere in 2008.


Friday, August 24, 2012

Borders Gift Cards... Worth NOTHING.

If you are holding on to a Borders gift card...you can safely deposit it in the trash, as the paper is worth more than the balance on the card. Sad but true, a bankruptcy judge ruled that Borders does NOT owe a cent to the gift card holders who didn't redeem their cards before last year's deadline, when the mass retailer closed for good. 

Those who still have gift-cards from the retailer -- opposed the ruling, arguing that Borders "did nothing" to reach out to their gift-card holders before they shut down last September.

Judge Martin Glenn of the U.S. Bankruptcy Court said “Gift cards, as their name illustrates, are not intended to be used by the purchaser but are instead intended as gifts, so even if the debtors were able to identify the purchasers of the gift cards, they would have no way of tracing the ultimate recipients,” he wrote in his opinion. “And, in fact, the gift card holders, by their own admission, received their gift cards as gifts. Therefore, the debtors had no way of tracing their identities.”

Clint Krislov of Krislov & Associates in Chicago, who is representing the gift-card holders, expressed disappointment with the judge’s ruling, which he expects to appeal.

“We will pursue this further,” he told Bankruptcy Beat Wednesday.

More on Borders Bankruptcy & Gift Cards....


Saturday, August 11, 2012

Sapp Sells Shoes to Pay For Bankruptcy



 Bankruptcy lawyers except a variety of payments - but Warren's Sapps shoes aren't going to pay the bill. The ex-football star was hoping collectors or fans would be willing to shell out some cash for his collection of 215 pairs of size 15 shoes.

iStockphoto,sports,football,American flag,leather 
According to the Daily Mail, Sapp auctioned off his entire collection of Air Jordans on eBay to try to recoup money for creditors in his bankruptcy case. How did the Air Jordan Auction go? The plan to support Sapp's bankruptcy was a bust -- The highest bid was $16,800 - which didn't meet the auction's reserve.

The sale wasn’t exactly a success, though—the highest bid of $16,800 didn’t meet the auction’s reserve for the collection. 


Friday, August 10, 2012

Daughter Wins Gold, Mom Files Bankruptcy

It was 2 gold medals that made one U.S. gymnast a celebrity overnight. Gabby Douglas made international headlines upon capturing the second gold and the hearts of many. The American sweetheart, tumbled her way to the top of the podium twice during the 2012 Olympic Games, but the gymnast’s mother isn’t quite as fortunate.

Reports show Natalie Hawkins filed for Chapter 13 bankruptcy in January with nearly $80,000 in debt. According to the Associated Press, Hawkins said the bankruptcy was her story and she wasn’t embarrassed about it. “It shows that even though I didn’t like to have to do it,” she said. “I’m glad there was something there for me to be able to protect my home.”

According to WSJ - Hawkins’s latest bankruptcy wasn’t her only one; a previous Chapter 13 case was dismissed last year for failure to make payments in a bankruptcy plan. Hawkins isn't alone. Many Olympians' parents struggle, noting that it extremely expensive to support their children's dreams.


Thursday, July 19, 2012

Michael Vick - Motivating Others After Bankruptcy

"It's not how you start, it's how you finish"... this is just one of the sayings printed on a shirt, part of Michael Vick's new clothing line - V7. Hard to believe 4 years ago, Vick filed for Chapter 11 bankruptcy and just 3 short years ago, Vick was serving an 18 month sentence for funding a dog fighting ring.

From digging out of debt to doing time, Vick is now listed one of Forbes Top Highest Paid Athletes, like a phoenix he has risen from the ashes and hopes his clothing line can aspire others who may be facing tough times to see the light at the end of the tunnel...

http://www.forbes.com/sites/lancemadden/2012/07/17/what-bankruptcy-michael-vick-launches-new-clothing-line/


Monday, July 16, 2012

Weird Iowa Bankruptcy News.... Week of July 16th

This month there are several interesting bankruptcy heading from Iowa that will leave you shaking your heads from bankrupt monks to spongebob coins and everything in between... Here's the bizzare bankruptcy buzz from Iowa this week....

A cedar rapids based self proclaimed "monk" files a personal bankruptcy petition in December in Iowa, but since then Ryan St. Anne Scott has "essentially done nothing" federal officials require....
Read More: http://wcfcourier.com/news/local/judge-closes-the-book-on-monk-s-bankruptcy-case/article_1a5816c9-e6db-5389-ae20-5e836074986b.html#ixzz2164wADPX

In other news....

Peregrine Financial Group, Cedar-IA based firm is in hot water this week after the FBI seized some very interesting valuables from the firms' vault at their headquarters... What was so valuable you ask ?? The answer may surprise you... Silver Spongebob Square Pants coins minted by a private New Zealand company.

According to Reuters -- "Ira Bodenstein, the trustee in Peregrine's bankruptcy case in Chicago, said the coins were in a vault at the firm's Cedar Falls, Iowa, headquarters. The value of the takings was not immediately clear".

"The coin disclosure adds a new twist to the case of Peregrine Finiancial Group's CEO Russell Wasendorf Sr., who was arrested last Friday after he confessed to doctoring bank statements to make regulators think his futures brokerage had nearly twice the assets that it did, leaving customers with an estimated shortfall of over $200 million".

That's your bankruptcy buzz from Iowa...


Thursday, July 12, 2012

Ready, Set, Action! ... WJET-TV Commercial Shoot

 
 Ready, Set, Action! Step into the studio (...or should we say, behind the camera) with Foster Law Offices for their latest commercial shoot at the WJET-TV studios in Erie, PA. With tax season over, summer is in full swing and the team at Foster Law Offices are committed as ever with helping folks find relief under the U.S. Bankruptcy Code.

Debt Relief is a serious and personal business and every day we work hard to help our clients sleep better at night and get the relief they desperately need. With thousands of hours spent in the office and in courtroom it is a breath of fresh air to step outside "the box" and into the studio. Interested in seeing more of the shoot? Like us on Facebook - www.facebook.com/PABankruptcy for more photos.

... and stay tuned, we will post our 2 new commercials shortly!


Wednesday, July 4, 2012

Happy 4th of July

Happy Fourth of July from all of the staff at Foster Law Offices.

"America was not built on fear. America was built on courage, on imagination and an unbeatable determination to do the job at hand."

Author: H.S. Truman


Friday, June 29, 2012

Top Celebrity Bankruptcies

Found an awesome article from Howtosavemoney.com that details the top celebrities who filed bankruptcy... When people come into our office and say they are embarrased or we hear people who are financially struggling say, "I need help but i'm too good to file bankruptcy"... we tell them that we are here to help. There is help. We help people get a fresh start, one that has afforded millionaires the opportunity to find their success... innovators to make their mark on the world and ordinary people to find peace and get a fresh start. Check out this fun read... ___________________________________________________________
Willie Nelson
Willie Nelson is one of Country Music’s living legends with over 50 million records sold but even with all those gold records he was no stranger to debt. Well known as a big spender with a generous heart, and an entourage somewhat like MC Hammer’s Willie Nelson’s finances caught up to him in the late 90′s. In 1997, the government seized Nelson’s gold records, Texas ranch and bank accounts to pay off about $16.7 million in back taxes. In true American fashion however Willie Nelson did a Taco Bell spokesperson side job and released a new album in honor of the IRS, titled “The IRS Tapes: Who Will Buy My Memories?” to raise funds and settle his debts.
Marvin Gaye
The hit singer of “I heard it Through the Grapevine” filed for bankruptcy in the 70’s after paying the divorce settlement for his first wife of 14 years, Anna Gordy. He continued to struggle, having tax and drug problems, and moved to Europe to avoid the Internal Revenue Service. However bankruptcy never stopped Marvin Gaye from coming back and in the 1980′s released some of the most well-known songs in history including the Grammy winning “Sexual Healing”. In 1984 however Marvin Gaye’s life was cut short dying at the age 45. Three years later Marvin Gaye was induced into the Rock and Roll of Fame.

Mc Hammer

Who can forget the baggy pants and dance moves which would make most people keel over in 30 seconds. The 90′s were full of glitz and gold and few can forget the famous Hammertime song by M.C. Hammer. However along with outrageous parachute pants and dance moves M.C. Hammer’s rise to fame came with a crushing blow to his personal finances. Racking up some of the biggest musical hits at the time he also had an entourage (and payroll) to match. M.C. Hammer reportedly paid over $500,000 a month to a staff of 300 people and in 1996, had accumulated $13.7 million of debt with only $9.6 million in assets. He filed for bankruptcy with debts that included $500,000 in attorney fees, $110,000 to his decorator and $100,000 to the IRS.
Meatloaf

Meatloaf has sold over 70 million records with his “Bat out of Hell” album charted for over nine years, making it one of the biggest selling albums of all time and on the VH1 list of 100 Greatest Artists of Hard Rock. He fired his managers in 1981 after finding they were stealing money from him, and the managers retaliated by having Meatloaf’s assets frozen and suing him for breach of contract. Additionally, they spread all kinds of rumors about Meatloaf behaving violently and waving guns at people. Meatloaf finally gave up and filed bankruptcy, with $1.6 million of debts. Things started to look up when he found a new producer and recorded an album in 1986, but the album tracks all had a dance beat which didn’t pan out for Meatloaf, and he was forced to file bankruptcy again. However bankruptcy never stopped Meatloaf and today he enjoys a solid following and continues to tour to sold out crowds across the world. Meatloaf has even enjoyed many TV and Movie roles over the past decade and recently was a cast member on “The Celebrity Apprentice”.
Toni Braxton
Toni Braxton, a grammy-winning R&B singer known for her sexy, sultry voice and hit songs such as “You’re Makin’ Me High” and “Un-Break My Heart” attempted to get out of her recording contract with LaFace Records in 1998 as she felt it was no longer fair. She filed a lawsuit however LaFace turned around and counter-sued her, forcing Braxton to file bankruptcy and spend most of 1998 dealing with legal issues. Braxton was diagnosed with Lupus in 2009, and has been dealing with ongoing health issues since then. Braxton filed bankruptcy for the second time in 2010, claiming to owe up to $50 million, with a net worth of only $1 million to $10 million.
Cyndi Lauper
The “Girls Just Wanna Have Fun” hit singer has had an extremely successful recording career, including her “True Colors” album, which charted at number one. However Cyndi’s beginning was not quite as successful, with a first album release together with her original band, Blue Angels. The album was a flop, and to top it off her manger sued the Blue Angels for $80,000, forcing Lauper to file bankruptcy in 1980. Cyndi Lauper’s Estimated Net Worth Today – $6 Million
Tom Petty
Tom Petty’s first albums were a smashing success with his band the Heartbreakers, although his bank account did not grow along with his fame. Record companies are infamous for restrictive recording contracts with conditions that keep even top selling artists in the poor house. When Tom Petty’s label, Shelter Records, was sold to MCA he jumped on the opportunity to declare himself a free agent. When MCA balked, Petty paid $500,000 out of his own pocket to record his next album and held it back as a bargaining chip against MCA. In 1979, he finally declared bankruptcy to gain more leverage in the legal dispute to get out his unfavorable recording contract. MCA ultimately gave in, allowing Petty out of his original contract and signing a new $3 million contract with him. His new album, “Damn the Torpedoes” was finally released featuring “Don’t Do Me Like That” and “Refugee”, went certified double platinum, and made Tom Petty and the Heartbreakers into true rock and roll superstars.
Natalie Cole
After many successful years as a recording artist, Natalie Cole (the daughter of recording legend Nat King Cole) had a career pause and problems with drug addiction in the early 80’s. By 1985 she was doing much better, but still filed for bankruptcy protection in 1997. Her career picked up again in the late 90’s, and she won the “Hitmaker Award” for the Songwriter’s Hall of Fame in 1999 . Natalie was diagnosed with Hepatitis C in 2008 and had a life saving kidney transplant but continues to record and inspire people around the world today.
Mike Tyson
Retired former heavyweight boxing champion Mike Tyson won the WBC title as a 20 year old and quickly became one of the most famous athletes in the world. He went on to have a very successful boxing career, becoming known for his ferocious style in the ring and controversial behavior outside of the ring. Although Tyson received over $30 million for several fights and a career income estimated at $300 million, he filed bankruptcy in 2003. He had a very difficult and public divorce from ex-wife Robin Givens blaming his financial situation on excessive spending on mansions and expensive cars. Tyson also blamed bad financial advisors and embezzlement as other causes for his bankruptcy. Mike Tyson’s Estimated Net Worth today is under $5 million.
Walt Disney
Walt Disney started a company named Laugh-O-Gram in 1920 to produce his first animated fairy tales. Disney started assembling his team of animators, and legend says that the office space was infested with mice, including one mouse that had a lot of personality and received a special nickname of– Mickey. His New York-based financial backers ended up going broke, and Disney could no longer cover his payroll or his debts. The company filed for bankruptcy protection, and Disney scraped together the funds to take a bus to Hollywood. Once he arrived, he put his own name on a new production company, and invented his newest animated character. The Walt Disney Co. today is one of the largest companies in the world with a market value of almost $80 Billion!
Marion Jones
Marion Jones, an Olympic sprinter with 5 medals and endorsement deals worth millions of dollars has been fighting off financial troubles for some time now. After numerous anti-doping and other agencies made allegations against her regarding steroid use, Jones missed many meets and spent substantial amounts of money on attorneys to fight the allegations. Jones also admits her own spending habits to maintain a certain “lifestyle” have forced her deep into debt. Jones has had to sell off some real estate assets, including a $2.5 million mansion she lost to foreclosure, to settle some of her debts and try to avoid bankruptcy.
Kim Basinger
In 1993, Oscar-winning actress Kim Basinger was ordered to pay over $8 million to Main Line Pictures, after she was sued for breach of contract. She was charged with backing out of a verbal agreement to star in the film “Boxing Helena.” Basinger filed bankruptcy, and the court’s decision was later reversed during an appeal.
Ed McMahon
Apparently, the real estate foreclosure crisis affected celebrities too. The legendary Johnny Carson sidekick Ed McMahon, recently deceased, had to file bankruptcy when he came up short $644,000 on the payments for his $4.8 million home loan, and the lender filed a default notice on McMahon’s Beverly Hills mansion.
Gary Coleman
Gary Coleman, former child star of the sitcom “Diff’rent Strokes” suffered financial problems due to lifelong kidney issues and poor money management. He also had to pay a settlement due to a 1993 lawsuit. The star had earned $70,000 for each episode of the show, but in 1999 had to file for bankruptcy. In 2009, he was still struggling financially, with $72,000 of debts and an accusation that the parents who adopted him had robbed his estate of approximately $1 million.
Abe Lincoln
Abe Lincoln was the nation’s 16th President. He was forced into bankruptcy in 1833, due to a poorly performing retail business and back payments of debt. Lincoln lost his last two assets, his home and some surveying equipment, and spent 17 years paying back the rest of the money to all the friends who had lent him funds to start his business.
____________________________________________________________


Tuesday, June 5, 2012

How Does Chapter 7 Work?

Now we are getting to the "meat and potatoes" of the topic... How does Chapter 7 work? According to the US Courts website, here is the first step... A chapter 7 case begins with the debtor filing a petition with the bankruptcy court serving the area where the individual lives or where the business debtor is organized or has its principal place of business or principal assets. (3) In addition to the petition, the debtor must also file with the court: (1) schedules of assets and liabilities; (2) a schedule of current income and expenditures; (3) a statement of financial affairs; and (4) a schedule of executory contracts and unexpired leases. Fed. R. Bankr. P. 1007(b). Debtors must also provide the assigned case trustee with a copy of the tax return or transcripts for the most recent tax year as well as tax returns filed during the case (including tax returns for prior years that had not been filed when the case began). 11 U.S.C. § 521. Individual debtors with primarily consumer debts have additional document filing requirements. They must file: a certificate of credit counseling and a copy of any debt repayment plan developed through credit counseling; evidence of payment from employers, if any, received 60 days before filing; a statement of monthly net income and any anticipated increase in income or expenses after filing; and a record of any interest the debtor has in federal or state qualified education or tuition accounts. Id. A husband and wife may file a joint petition or individual petitions. 11 U.S.C. § 302(a). Even if filing jointly, a husband and wife are subject to all the document filing requirements of individual debtors. (The Official Forms may be purchased at legal stationery stores or downloaded from the internet at www.uscourts.gov/bkforms/index.html. They are not available from the court.) If this seems intense - there is good news, if you hire a licensed bankrupcty attorney, such as Foster Law Offices - they will take care of the filing for you. The first step would be to schedule a free consultation where Attorney Foster of Attorney Cook will meet with you to learn more about your unique financial situation and to determine the appropriate action plan to get you the debt relief you seek. The next step is ensuring all fees are paid and on time... Again if you hire a firm to assist you with filing, they will explain this part of the process to you in detail. Moving along -- According to the US Courts website, there are quite a few additional steps neccesary to complete the official bankruptcy forms,statement of financial affairs, and schedules, the debtor must provide the following information: A list of all creditors and the amount and nature of their claims; The source, amount, and frequency of the debtor's income; A list of all of the debtor's property; and A detailed list of the debtor's monthly living expenses, i.e., food, clothing, shelter, utilities, taxes, transportation, medicine, etc. Married individuals must gather this information for their spouse regardless of whether they are filing a joint petition, separate individual petitions, or even if only one spouse is filing. In a situation where only one spouse files, the income and expenses of the non-filing spouse are required so that the court, the trustee and creditors can evaluate the household's financial position. Among the schedules that an individual debtor will file is a schedule of "exempt" property. The Bankruptcy Code allows an individual debtor (4) to protect some property from the claims of creditors because it is exempt under federal bankruptcy law or under the laws of the debtor's home state. 11 U.S.C. § 522(b). Many states have taken advantage of a provision in the Bankruptcy Code that permits each state to adopt its own exemption law in place of the federal exemptions. In other jurisdictions, the individual debtor has the option of choosing between a federal package of exemptions or the exemptions available under state law. Thus, whether certain property is exempt and may be kept by the debtor is often a question of state law. The debtor should consult an attorney to determine the exemptions available in the state where the debtor lives. This is the point, where I take a deep breath and am glad I work in our marketing department -- the attorneys and paralegals prepare quite a bit of paperwork to assist each of their clients with seeking protection under Chapter 7 of the Bankruptcy Code. Fastforward -- The US Courts site reports, Between 21 and 40 days after the petition is filed, the case trustee will hold a meeting of creditors. During this meeting, the trustee puts the debtor under oath, and both the trustee and creditors may ask questions. The debtor must attend the meeting and answer questions regarding the debtor's financial affairs and property. Within 10 days of the creditors' meeting, the U.S. trustee will report to the court whether the case should be presumed to be an abuse under the means test described in 11 U.S.C. § 704(b). It is important for the debtor to cooperate with the trustee and to provide any financial records or documents that the trustee requests. The Bankruptcy Code requires the trustee to ask the debtor questions at the meeting of creditors to ensure that the debtor is aware of the potential consequences of seeking a discharge in bankruptcy such as the effect on credit history, the ability to file a petition under a different chapter, the effect of receiving a discharge, and the effect of reaffirming a debt. Some trustees provide written information on these topics at or before the meeting to ensure that the debtor is aware of this information. In order to preserve their independent judgment, bankruptcy judges are prohibited from attending the meeting of creditors. 11 U.S.C. § 341(c). Whew this was a long topic... time to move along to some lighter entries and focus on some bankruptcy myths, after all - they don't call Attorney Foster "mr debtbuster" for nothing...


Saturday, June 2, 2012

Qualifying for Relief Under Chapter 7 of Bankruptcy Code

Happy June 2nd... Let's continue with learning about Chapter 7 of the Bankruptcy Code. The topic of the day... Who is eligible to file for Chapter 7 ? According to the US Courts website... you can be an individual, a partnership, or a corporation or other business entity. 11 U.S.C. §§ 101(41), 109(b). So who is not eligible ? An individual cannot file under chapter 7 or any other chapter, however, if during the preceding 180 days a prior bankruptcy petition was dismissed due to the debtor's willful failure to appear before the court or comply with orders of the court, or the debtor voluntarily dismissed the previous case after creditors sought relief from the bankruptcy court to recover property upon which they hold liens. 11 U.S.C. §§ 109(g), 362(d) and (e). In addition, no individual may be a debtor under chapter 7 or any chapter of the Bankruptcy Code unless he or she has, within 180 days before filing, received credit counseling from an approved credit counseling agency either in an individual or group briefing. 11 U.S.C. §§ 109, 111. There are exceptions in emergency situations or where the U.S. trustee (or bankruptcy administrator) has determined that there are insufficient approved agencies to provide the required counseling. If a debt management plan is developed during required credit counseling, it must be filed with the court. This definition of eligibility is definitely written in "lawyer-speak"... so as part of Foster Law Office's Marketing Department, let's break it down... One of the primary purposes of bankruptcy is to discharge certain debts to give an honest individual debtor a "fresh start." Discharge is just a fancy word for "getting rid of"... So most individuals file for Chapter 7 bankruptcy to "get rid of" debt. Once, a debt has been "discharged" the individual is no longer liable. BUT (here is the other side)the right to discharge is NOT guaranteed - some debts are not discharged and this will not extinguish a lien on property. This topic is a complex one for sure. It is always best to consult with a licensed bankruptcy attorney as each asset, individual and situation is different. The process is quite complex and deadlines are crucial. Next topic we will tackle - how does filing for Chapter 7 work?? If you are considering filing for protection under Chapter 7 of the US Bankruptcy Code - contact Foster Law Offices to schedule a free consultation.


Friday, June 1, 2012

What is Chapter 7 Bankruptcy

It's June! Only 19 more days until it is officially summer AND we are kicking off our "Learn about Bankruptcy Month"... we are excited to provide you with some educational information, hopefully you are excited to learn a bit more about bankruptcy. Today's Topic - What is a Chapter 7 Bankruptcy? While the answer may vary depending on who you ask... we are going to take the safe road and give you the explanation provided to consumers on the website by the United States Court System, a site that is designed to provide you with information about the judicial branch of the US Government, click here to check it out. - A chapter 7 bankruptcy case does not involve the filing of a plan of repayment as in chapter 13. - Instead, the bankruptcy trustee gathers and sells the debtor's nonexempt assets ( You can call a licensed bankruptcy attorney such as Foster Law Offices to assist you with determining which of your assets would be classified as non exempt)and uses the proceeds of such assets to pay creditors in accordance with the provisions of the Bankruptcy Code. - In addition, the Bankruptcy Code will allow the debtor to keep certain "exempt" property; but a trustee will liquidate the debtor's remaining assets. This is the most basic definition of a Chapter 7 Bankruptcy, if you are looking for additional information you can visit our Chapter 7 Bankruptcy Page or click here to learn the differences between Chapter 7 and Chapter 13 bankruptcy protection.


Thursday, May 31, 2012

June: Learn About Bankruptcy

We are declaring June,"Learn About Bankruptcy Month"... Check back every day as we will tackle a new topic daily. From Chapter 11 Bankruptcy to helpful forms and resources, we are here to make June a fun-filled month on our blog - with a focus on Bankruptcy. As always, it is important to mention that our blog is meant for entertainment and informational purposes only and is managed by the Marketing Department at Foster Law Offices, reading our blog does not constitute a lawyer-client relationship... Foster Law Offices, does, however offer a free initial consultation and with offices in Warren, Erie, Meadville and Franklin - we are only a short drive away. Give us a call and we will be glad to take a look at your unique financial situation... Bet you can hardly wait for tomorrow? Enjoy!