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Erie, PA Bankruptcy Blog

Blogging about Bankruptcy Topics in Erie County & Erie, PA.
Showing posts with label Chapter 11 Bankruptcy. Show all posts
Showing posts with label Chapter 11 Bankruptcy. Show all posts

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...


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.


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/


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

RG Steel Files for Bankruptcy Protection

ASSOCIATED PRESS --
DOVER, Del. (AP) — Struggling Maryland-based steelmaker RG Steel has filed for Chapter 11 bankruptcy protection in Delaware. In its filing Thursday, the company listed more than $1 billion in both assets and liabilities. RG Steel, based in Sparrows Point, Md., said last week that it planned to idle operations in Maryland, Ohio and West Virginia and warned employees that they faced layoffs. Maryland officials said nearly 2,000 workers would be laid off in the state. RG Steel was formed in March of last year as a wholly owned subsidiary of The Renco Group, a family-owned, private holding company founded in 1975. Renco says its businesses employ 18,000 people in eight different companies operating in North and South America, eastern and western Europe, Asia and Africa. Print


Friday, May 25, 2012

Remember the "cantaloupe scare" last year ?? If not, let me refresh your memory... a Colorado farm was traced to a listeria outbreak in cantaloupe, one that was blamed for 32 deaths. In fact, the outbreak infected 146 people in over 28 states. According to Federal investigators old equipment and dirty, still pools of water were most likely to blame. Well, the Colorado Farm - Jensen Farms has filed for Chapter 11 Bankruptcy protection according to a report released by the Associated Press. Their article states, "Jensen Farms declined to comment on its filing Friday. Its attorney Jim Markus told The Denver Post ( http://bit.ly/KTUDbK ) the filing should free up millions of dollars in insurance and other funds that could be distributed to victims." Furthermore, "Court documents show the farm had $4.8 million in revenue in the past 12 months. It lists $2.1 million in assets, $2.5 million in liabilities, and $1.6 million in payments outstanding from food distributor Frontera Produce" according to AP Reports. Looking to learn more about Chapter 11 Bankruptcy, visit Foster Law Offices online.


Wednesday, April 11, 2012

Saint Catherine Medical Center Files for Bankruptcy

A Pennsylvania medical center filed an emergency petition for Chapter 11 bankruptcy protection on Monday according to national reports.

Saint Catherine Medical Center in Ashland, Pennsylvania filed for emergency protection following some serious issues facing the medical facility regarding serious deficiencies and safety violations putting patient health according to the Department of Health.

After the PA Department of Health uncovered these issues following an "un-announced" visit to the facilities an immediate ban on new admissions and a possible termination of their medicare agreement was placed on the facility.

The medical facility hired a local pennsylvania law firm to file the Chapter 11 bankruptcy protection petition and since the filing was of an emergency nature the list of creditors was not immediately available.

For more information on this story... visit Media Health Leaders.


Monday, March 19, 2012

TaxMasters Files Bankruptcy

HOUSTON (AP) — TaxMasters Inc. has filed for bankruptcy protection following a legal challenge from Texas prosecutors who say the company's famed TV commercials mislead potential customers.
The Houston-based tax resolution company filed Chapter 11 reorganization documents in federal court on Sunday.
The filing says TaxMasters has assets of less than $50,000 and estimated liabilities of $1 million to $10 million.

Company founder and president Patrick Cox fronts the company's national advertising campaign.
KHOU-TV (http://bit.ly/zaIvyT ) says Texas is suing TaxMasters for violating the Texas Deceptive Trade Practices Act. It says TaxMaster commercials encourage people to call for a free consultation with a tax specialist but the calls are answered by salespeople unqualified to provide tax advice.
A TaxMasters spokesman and attorney did not immediately respond to calls for comment Monday.
___
Online:
http://www.txmstr.com/
___
Information from: KHOU-TV, http://www.khou.com


Friday, March 9, 2012

Parent Company of Twinkies Names New CEO following Second Bankruptcy

According to a recent Reuters report, Hostess Brands - the maker of Twinkies and Wonder Bread has named a new CEO as they continue to work their way out of a second bankruptcy.
This is the second bankruptcy for Hostess Brands in less than three years.  Gregory Rayburn has taken over as CEO while former Chief Executive Officer, Brian Driscoll's resignation becomes effective today.

The company, which filed for bankruptcy protection in January 2012 after it failed to reach an agreement with workers regarding the issues of pension and healthcare is also facing a possible strike by the Teamsters union.

As the new head of the company, Gregory Rayburn will oversee the Hostess' reorganization under Chapter 11 and the ongoing negotiations with its unions.

To learn more about the different types of bankruptcy, visit Foster Law Offices.


Thursday, March 8, 2012

American Airlines Hopes Plea for More Time Flies

AMR - The parent company of American Airlines asked a federal bankruptcy judge to extend their "exclusitivity period" by six months.
An "exclusitivity period" is the period of time in which a company has the exclusive rights to file a reorganizational plan.  AMR filed for Chapter 11 Bankruptcy protection in November of 2011, and seeking an extension which would take their "exclusitiviety period" to September of 2012.

Reports indicated that was not a surprise and the announcenment came just one day after the Fort Worth, Texas-based company proposed to freeze pensions for many of its workers, retreating from a proposal to terminate them.

"The relief requested will allow American to continue focusing on preserving and enhancing going concern values and restructuring American's financial condition and operations," AMR said in a filing with the U.S. bankruptcy court in Manhattan.

A March 22 hearing on the request has been scheduled.

Follow Reuters for more information... 


Tuesday, February 14, 2012

Twinkies In Trouble? Hostess Files Bankruptcy...

No more twinkies? Say it isn't true. Hostess Brands, a Texas based company filed for Chapter 11 Bankruptcy protection on January 11, 2011 while continuing to operate but the signs of trouble continue to appear for the maker of Twinkies, Ho Hos and Wonder Bread..

The latest issue .. The Teamsters Union which represents approximately 1/2 of the company's  employees are threatening to strike if the company imposes what they deem as "unfair" contract terms, including wage cuts.

According to the Union,  more than 90 percent of its' Hostess members voted to authorize a strike if "unfair contract terms" are approved as part of the bankruptcy proceedings and  a hearing set for March 5th where a U.S. Bankruptcy judge will have 30 days to issue a ruling.

This isn't the first rodeo for the company comprised of 36 bakeries - Hostess previously filed for bankruptcy in 2004 and re-emerged in 2009. The company has about $860 million in debt.

A spokesman for Hostess declined to comment on the Teamsters’ announcement.


Sunday, January 8, 2012

Kodak Plans Focus on Printing Following Bankruptcy

If Kodak carries through with a Chapter 11 bankruptcy filing in the coming weeks as media reports suggest, it could mark the end of a rich, 131-year history as the king of all-things related to photos and cameras, according to a report by MarketWatch.com.

In the report, Rafferty Capital Markets Analyst Mark Kaufman says the company likely will completely exit the consumer photo and camera business.

"Forget about it. It's not making money now," Kaufman, told MarketWatch.com.

Instead, the plan would be for Kodak (NYSE:EK) to sell off all of its photo business, unload an extremely profitable chunk of its massive patent library and focus almost exclusively on digital printing as a business-to-business company.

"It's not a consumer business, its business-to-business. That's what you're going to have," Kaufman said in the report.

It is not all "doom and gloom" this change would be good news for the Dayton operations, where Kodak has 570 employees at a facility that makes inkjet printers, which are reportedly competing well in the marketplace against such rivals as Hewlett-Packard Company and Cannon.  According to an article published by the Dayton Business Journal, "With the company already having discussed plans for possible growth in Dayton through state and local incentives, an emphasis on the printing side of the business would make those plans more likely to happen. That could lead to more jobs in Dayton and a stronger business for Kodak going forward".

If the reports of how Kodak would look after emerging from bankruptcy are correct, the company may very well boost its operations in Dayton. In fact, the company already has expressed interest in growing locally.

In late September, the state of Ohio approved a tax credit package worth $2.9 million over 10 years to entice Kodak to expand in the Dayton region. In addition, the city of Kettering recently committed a $435,000 grant to the company.

State officials said if the company decides to expand in Kettering, it would invest at least $7.5 million in new manufacturing machinery as well as research and development equipment to help position the Kettering facility for future growth. Read the entire article from the Dayton Business Journal here.


Wednesday, October 12, 2011

Harrisburg Files For Bankruptcy Protection

(Wall Street Journal)
NEW YORK—After months of contentious debate among city and state officials, Harrisburg, Pa., filed for municipal bankruptcy protection, days before the state Senate was scheduled to vote on taking over the struggling capital city's finances.

The city, which faces $300 million in debt over a failed trash incinerator project, filed the paperwork in U.S. Bankruptcy Court for the Middle District of Pennsylvania, in Harrisburg. A faxed filing late Tuesday wasn't valid, according to Terry Miller, clerk of the bankruptcy court.

The overnight fax had first been reported by Bloomberg News.

Robert Philbin, a spokesman for Mayor Linda Thompson, who had opposed such a filing, said the mayor thinks the move is unfortunate and that it will complicate matters and add to expenses for the city. Mr. Philbin said the mayor would have preferred the council come to her with an alternative plan, and pointed to a recent poll of registered Harrisburg voters showing only 13% supported a bankruptcy filing.

On Aug. 31, the city council had rejected Ms. Thompson's financial recovery plan, which opened the door for Pennsylvania Gov. Tom Corbett to make good on his threat to take over the state capital's finances.

The plan called for an 8% property tax increase and the outsourcing of some city services, but didn't seek to raise revenue with a 1% sales tax surcharge or a tax on commuters, as some city officials had suggested. The mayor had also backed the state's previous proposals to sell the incinerator, as well as the city's parking-garage system.

Mr. Corbett had pledged state funding to the city if it adopted the recovery plan and warned the state wouldn't bail out the city if it rejected the proposal.

Pennsylvania's General Assembly has passed legislation that would allow it to establish a state-run panel to operate Harrisburg, or other cities that reject recovery plans, under Act 47 for aid to distressed municipalities. The state Senate is due to take up the legislation when it reconvenes next week.
City Councilman Brad Koplinski has long advocated for a bankruptcy filing and voted in favor of the filing on Tuesday to give Harrisburg court-ordered protection from its creditors while it seeks solutions to its financial crisis. The filing was made under Chapter 9, the municipal market's equivalent of Chapter 11.

But opponents believed such a filing would likely impose significant losses on bondholders, which could have ripple effects on the state's credit rating and the broader municipal-bond market.
In addition to Mr. Koplinski, council members Susan Brown-Wilson, Wanda Williams and Eugenia Smith voted in favor of the filing, while Kelly Summerford and Patty Kim joined Gloria Martin-Roberts in opposing the action.

Harrisburg is projected to run out of cash to pay bills and cover payroll costs by the fourth quarter.
The filing had little effect on the municipal bond market Wednesday because the city's troubles had been brewing for a long time and because local-government defaults remain rare.

"This has been one of the slowest-moving train wrecks in my memory," so it isn't likely to affect the market, said Christopher Ryon, a portfolio manager at Thornburg Investment Management in Santa Fe, N.M. "For the calendar year, if you include about $500 million in Harrisburg's liability, that would be $1.6 billion of defaults, which is still very low."


Friday, October 7, 2011

Bankruptcy Talks Trouble AA Frequent Fliers

So, what happens to those unused frequent flier miles, if an AMR bankruptcy were to occur ?
What if you were sitting on a stash of unclaimed miles?

Thousands of frequently fliers are worried that their gold mine of AAdvantage frequent flier miles may not be worth a penny if the rocky financial situation at AMR Corp. - parent company of American Airlines continues to spiral downward.

"There’s some concern out there," said Tim Winship, publisher of FrequentFlier.com, who has received emails from worried fliers.

But if AMR were to file for protection from its creditors under Chapter 11 of the bankruptcy code, American "would continue operations more or less as normal while restructuring its debt and labor agreements," Winship said.

George Hobica, founder of travel website Airfarewatchdog.com, agreed that Chapter 11 should have little impact on frequent flier miles accrued. "Miles would be protected, since they’d keep flying," Hobica said.

Still, not everyone is as optimistic.

"People have a tendency to think of frequent flier miles as money in the bank, but it’s not like that at all," said Edward Hasbrouck, author of The Practical Nomad travel books and a policy analyst with the Consumer Travel Alliance.

Hasbrouck said American has no contractual obligations to the frequent flier mileage holder and it could change or eliminate its frequent flier program at any time - bankruptcy or not.

"If they’re in bankruptcy, the decision of whether to do so will not be made with any consideration of the interest of the frequent flier holders," he added.

Hasbrouck advises customers with miles to "use them up now" if they have the chance.

Still, at least one frequent flier isn’t ready to redeem his nest egg of nearly 1 million miles.

"I’m not worried about my stash in the slightest," said Gary Leff, co-founder of Milepoint.com, a frequent flier community, who is a lifetime Platinum AAdvantage member.

Leff said the AAdvantage program is likely profitable on a stand-alone basis and could survive as a separate entity in the unlikely event of the airline’s liquidation.

In 2010, American generated an estimated $1.37 billion in annual revenue from its frequent flier program, according to a recent report from Wisconsin-based IdeaWorks, which analyzes frequent flier and other loyalty programs.

Most of the revenue comes from frequent flier miles purchased by individual members, other airlines and program partners, including banks, the report noted.

Experts say that if the airline were to cease flying, the frequent flier program would likely continue in one form or another.


Friendly's Files Bankruptcy & Closes 63 Stores

Friendly's Restaurant, a 400+ restaurant chain filed for Chapter 11 bankruptcy protection on Wednesday at The United States Bankruptcy Court for the District of Delaware.

As a result of the restaurant bankruptcy filing - Friendly's closed 63 stores, each of which employed about 20 people, so about 1,260 jobs were lost.
 
The 76-year-old company known for its ice cream and hamburgers is the latest restaurant chain to file forbankruptcy, as consumers continue to eat out less, a habit they picked up during the recession, and food costs remain high.

"The strategic decision to pursue a financial restructuring will allow us to proactively and quickly improve our financial position," said CEO Harsha V. Agadi.

Friendly Ice Cream Corp., based in Wilbraham, Mass., says it has secured $70 million in financing and that its 424 remaining restaurants will stay open and pay employee salaries and benefits as it reorganizes underbankruptcy protection. Gift cards will continue to be honored. Friendly's now employs about 9,000 workers.


Wednesday, September 7, 2011

Saab Files For Bankruptcy Protection

saab0907STOCKHOLM—Saab Automobile AB Wednesday filed for protection from its creditors, in a move that buys time for the Swedish car maker to secure additional short-term funding to restart production.

The filing, similar to a Chapter 11 filing in the U.S., wasn't unexpected. Labor unions representing employees at Saab Automobile who weren't paid last month were due Wednesday to consider forcing the company into bankruptcy proceedings so that workers could seek state unemployment benefits.

Saab would have to consider filing for bankruptcy if it isn't granted protection from its creditors, it said in its application to the district court in Vanersborg.

But Victor Muller, chairman of Saab Automobile and chief executive of parent Swedish Automobile NV, said it was too soon to speak about that. "It's not appropriate to discuss bankruptcy," he told reporters in Trollhattan.

Saab Automobile has struggled with its finances for months. Production at its plant in the Swedish town of Trollhattan has been halted since April.  continued....


Tuesday, August 2, 2011

Crystal Cathedral Seeks Donations to Emerge From Bankruptcy

According to an August 2nd article published in the LA Times -


At Monday's bankruptcy hearing, lawyers said the board no longer wants to sell the Crystal Cathedral campus and will instead seek to raise $50 million in donations.

The bankrupt Crystal Cathedral will continue to rely on a faith-based approach to emerging from Chapter 11 while the creditors committee works on a separate exit plan for the church, lawyers said in court Monday.

The church's leadership announced Sunday that it no longer wants to sell the Garden Grove campus to pay off more than $50 million in debt and instead would attempt to raise that amount through donations. On Monday, the church's website proclaimed, "Be part of the miracle. Stand with Crystal Cathedral."

Mark Winthrop, the cathedral's bankruptcy attorney, reaffirmed in court that the church's board, which was reorganized last week, is relying on a "faith-generated belief" that funds will come through. He said board members understand that the creditors committee will move forward and could file a plan in the next week.

Founder Robert H. Schuller, his wife, Arvella, and their daughter, Carol Schuller Milner, attended the hearing but did not comment.

Schuller Milner said later that her father will do everything he can to help raise the money needed, and called him "a champion."

The church would file a separate proposal if it raises the money before a creditors plan is confirmed by bankruptcy Judge Robert Kwan, Winthrop said, adding that the church has a duty to make "our best efforts to make sure" all creditors are paid.

Nanette Sanders, the creditors' lawyer, said the committee is "fine-tuning" a plan but did not name a potential buyer. The next hearing is scheduled for Sept. 14.

So far, several offers have been made public, including $46-million bids from Greenlaw Partners, a real estate investment group, and from nearby Chapman University. The Roman Catholic Diocese of Orange and My Father's House Church International have proposed $50 million.

Officials with Chapman, the diocese and My Father's House Church all said their offers stand; officials from Greenlaw did not return requests for comment.

But an intriguing new bidder emerged at Monday's hearing in Santa Ana. Sanders told the court she had been approached before the hearing by a man — later identified as Robert Lee Tran Truong of Garden Grove — who made an informal offer of $99 million.

After the hearing, Truong, 72, told The Times he wants to purchase the church and its grounds to use as a ministry and for his nonprofit God's Way Institute, a church and a school. He also suggested he might use the campus for commercial purposes, mentioning a mall as one possibility.

Truong, who says he is a descendant of royalty in Vietnam, is not well-known in the Vietnamese community here, said Hao-Nhien Vu, associate editor in chief for the Nguoi Viet Daily News, a paper in Little Saigon with a circulation of about 16,000.

According to Vu, Truong has been known to appear at political events for Orange County Supervisor Janet Nguyen and former Assemblyman Van Tran, and has purchased ads in the Nguoi Viet Daily News in which he calls himself a billionaire.

"I haven't seen anything that actually shows he is a billionaire," Vu said.

Truong's lawyer did not return a request for comment.

Also attending Monday's hearing was Fred Southard, the Crystal Cathedral's former chief financial officer. He retired in January after his $132,000 tax-exempt housing allowance was questioned by the U.S. Trustee in court.

Southard said he had doubts that the church, which is home to the TV program "Hour of Power," could raise $50 million.

"I don't know how you contact enough people to pull this off," he said.

Milner Schuller said she too had doubts until her mother said that the church only needs $500 from 100,000 people, which she calculated as 2% of "Hour of Power" viewers.

"That's what really made me feel like it's doable," she said.

Bob Canfield of Yorba Linda, who is involved with an online petition to rid the church's board of Schuller family members, called the church's new plan "impossible."


Read original article here.


Thursday, June 16, 2011

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 2, 2011

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.