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Judge Kevin Carey who is presiding over the bankruptcy case of Tribune Co. has appointed an independent examiner who will review the 2007 leveraged buyout of the media company and the potential claims arising from it. The appointed person concerned is Kenneth Klee, a California bankruptcy lawyer and a UCLA law professor.

In 2007, Tribune Co. was bought over by real estate investor Sam Zell largely contributing to the crippling debts loaded onto the company to the tune of $13 billion. This caused the company to file for bankruptcy protection in December 2008. As a result of the buyout, a group of bondholders represented by the Wilmington Trust Co. sued the financiers of the buyout, JPMorgan Chase and other banks in March claiming that they knew full well the resulting debt from the buyout would leave Tribune Co. insolvent. The bondholders claim that the buyout was basically to cash out Tribune’s shareholders and therefore was fraudulent. In their lawsuit, they applied for the banks secured claims to be disallowed or put after the bondholders’ unsecured claims in order of priority. Under normal circumstances, secured claims are settled first. It is this buyout and resulting lawsuits that Klee has to primarily focus on.

But despite the court’s appointment of Klee, there is the problematic issue of use of confidential documents. Attorneys from both sides have yet to agree on whether certain information given to Klee by both parties should be used and if so, then how. As it stands, almost every document in this bankruptcy case has been deemed confidential.

Besides the actual buyout, Klee also has to evaluate whether the bondholders have flouted bankruptcy court rules in filing their lawsuit and in the process improperly disclosing confidential information.

In his work order, Klee noted that his findings would likely have a bearing on the court’s decisions on the final settlement of the bankruptcy but that it was not his responsibility to comment on it.

Wilmington Trust Co. suggested to the court that documents given to Klee by parties be shared with all other parties but this was turned down by Judge Carey. The judge also ruled that Klee is also not obligated to invite the financial advisers of one party to be in attendance when he speaks to the financial advisers of the other competing party. Furthermore, if the rival financial advisers were to be present, the financial advisers of one party would be reluctant to disclose certain information.

The court has given Klee up to July 12 to submit his report.

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75% of all bankruptcy filings in the US Middle District of Florida are Chapter 7 bankruptcies made by individuals. This district covers major metro areas like Jacksonville, Orlando and Tampa and is where 10 million of Florida’s 18 million residents live. As for Chapter 13 bankruptcies, the situation is no different with individuals rather than companies forming the majority of those filing.

Chapter 7 bankruptcy is where the applicant liquidates his assets (other than those exempted by law) in order to pay whatever debts that can be covered by the sale of the assets. Thereafter, the rest of the debts are forgiven. On the other hand Chapter 13 bankruptcy is where the debtor is allowed by the court to reschedule the payments of his debts over a period of up to 5 years in order to fully pay them off.

The unemployment rate in Northeast Florida is about 12%. The state is beset with economic problems where people have lost jobs or experienced pay cuts and no longer have the option of raising money through refinancing their homes and neither do they have equity in their house.

On the other hand, businesses that file for bankruptcy do so under Chapter 11 of the bankruptcy code. Chapter 11 allows companies to reorganize their finances and operations to settle their debts with creditors. But businesses also have the option of liquidation under Chapter 7. Businesses that choose the option of liquidation do so to cut their losses, absolve their debts and relieve themselves of financial burdens as quickly as possible in light of the shaky economy since they cannot be sure of what the future holds for their businesses. Many of these companies have also run out of ways to obtain credit and the amount of their debts has risen to unmanageable levels while income has not increased.

Bankruptcy experts predict another 6 months of hard economic times which would continue to see a rise in the number of bankruptcy filings both individual and corporate.

Here are the statistics for the Middle District of Florida:
• Total bankruptcy filings rose by 18% during the first four months year on year and were 5 times the pace of 2006.
• Chapter 7 liquidation filings rose 21% over the year to 16,659. This was 7 times the rate of 2006.
• Chapter 13 individual repayment plans rose 7% to 5,293, 3 times the rate of 2006.
• Chapter 11 corporate reorganizations almost doubled over the year to 316 and were 9 times the rate of 2006.
• In the district’s Jacksonville division, overall bankruptcy filings rose almost 8% over last year on top of a first-quarter rise of 10%.
• Filings in the Jacksonville division rose to 3,822 in the first four months, the highest since 2005.

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In an unexpected move, the Chief Executive Officer (CEO) of the popular theme park operator Six Flags, Mark Shapiro has submitted his resignation. The former ESPN executive had been on the job for 4 years. His resignation took place less than 2 weeks after the bankruptcy court officially accepted the Chapter 11 reorganization plans.

Six Flags’ chairman is Daniel M. Snyder who also owns the Washington Redskins. Snyder bought the company in 2005 after a protracted proxy war. However he was soon forced to file for Chapter 11 bankruptcy because of the company’s insurmountable debt load of $2.4 billion left by the previous owners.

In the reorganization plan, filed at the bankruptcy court in Delaware by Six Flags junior bondholders, Shapiro and 8 other people were to be named directors in the new and restructured company. However, Snyder and his fellow Redskins partner Dwight C. Schar turned down their reappointments as board members to the reorganized company’s board. That means Snyder loses his own equity interest in Six Flags. At one point, that amounted to between 5% and 6% of the company.

On the other hand, Shapiro’s contention with Six Flags’ owners was due to operational matters. Both Snyder and Shapiro had intentions of creating an atmosphere that was more family-friendly at the theme park. As such, they sought to add more attractions to the park while at the same time establishing partnership for sponsorship from parties such as Sara Lee and Chase Card Services.

Despite his resignation, Shapiro maintains a close relationship with Snyder. As such Shapiro will continue to oversee Dick Clark Productions, the television home of the Golden Globe Awards, the Academy of Country Music Awards and “American Bandstand”. Snyder bought over Dick Clark Productions through his private equity firm, Red Zone Capital for $175 million with the intention of incorporating its features into Six Flags theme parks.

In announcing Shapiro’s resignation, Snyder said in a statement, “Mark Shapiro bravely led Six Flags through an incredibly difficult period. He has been an energetic, optimistic leader and problem solver. Most of all I admire his tenacious dedication to protect the interests of the 28,000 Six Flags associates during this period of transition,” and called his departure a great loss for the theme park operator.

Six Flags on Wednesday said that it had appointed Alexander Weber Jr. as president and chief executive on an interim basis while it searches for a permanent replacement for Shapiro.

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Smurfit Stone Container Corporation is set to exit Chapter 11 bankruptcy after hammering out an agreement with shareholders that would see it distributing 2.25% of new shares of the reorganized company to holders of its old preferred shares in the pre-bankruptcy company and another 2.25% of new shares to holders of its old common stock.

The agreement was made just in time before a Delaware bankruptcy court judge was due to give his judgment on Smurfit Stone’s proposed reorganization. The agreement also coincides with market conditions which are now enjoying a renewed demand for the cardboard packaging that Smurfit Stone markets. Thus with all parties happy with the agreement the bankruptcy judge is not expected to revise the company’s reorganization proposals.

Smurfit Stone’s original plan was to give its stock to unsecured creditors, leaving nothing for shareholders. Naturally, this irked the bondholders because it would have diluted the recovery for them. But with the new agreement, each party would receive something albeit a little less than what they hope for, in order to get the company out of bankruptcy as soon as possible.

At the ongoing bankruptcy proceedings, the company accused shareholders of wanting to “extract whatever they can from the debtors as a toll to be paid in order to exit bankruptcy”. That was the time when the shareholders began voicing up to express their opinion that the Smurfit Stone management was lacking in experienced in making long-term projections. As a result of this, the debtors were forced to update their projections and recognize the value belonging to the shareholders.

As it stands, the company is awaiting the decision of the Delaware bankruptcy court on its proposed agreement.

Smurfit had claimed that it was worth as low as $3.4 billion, below the $4.4 billion claimed by creditors, a figure Smurfit said took priority over shareholders. But subsequently, the shareholders hired valuers who established that the company was valued at over $5.8 billion. The company’s statement did not provide an enterprise value that was used in the agreement that was submitted last Monday.
Smurfit Stone Corporation had filed for Chapter 11 bankruptcy in January 2009 as a result of a spike in raw materials costs that coincided with a drastic fall in demand for its products and tight credit markets.
Shares of Smurfit Stone were reported to be up by 28% at 21.5 cents in early trade. Corporation is set to exit Chapter 11 bankruptcy after hammering out an agreement with shareholders that would see it distributing 2.25% of new shares of the reorganized company to holders of its old preferred shares in the pre-bankruptcy company and another 2.25% of new shares to holders of its old common stock.

The agreement was made just in time before a Delaware bankruptcy court judge was due to give his judgment on Smurfit Stone’s proposed reorganization. The agreement also coincides with market conditions which are now enjoying a renewed demand for the cardboard packaging that Smurfit Stone markets. Thus with all parties happy with the agreement the bankruptcy judge is not expected to revise the company’s reorganization proposals.

Smurfit Stone’s original plan was to give its stock to unsecured creditors, leaving nothing for shareholders. Naturally, this irked the bondholders because it would have diluted the recovery for them. But with the new agreement, each party would receive something albeit a little less than what they hope for, in order to get the company out of bankruptcy as soon as possible.

At the ongoing bankruptcy proceedings, the company accused shareholders of wanting to “extract whatever they can from the debtors as a toll to be paid in order to exit bankruptcy”. That was the time when the shareholders began voicing up to express their opinion that the Smurfit Stone management was lacking in experienced in making long-term projections. As a result of this, the debtors were forced to update their projections and recognize the value belonging to the shareholders.

As it stands, the company is awaiting the decision of the Delaware bankruptcy court on its proposed agreement.

Smurfit had claimed that it was worth as low as $3.4 billion, below the $4.4 billion claimed by creditors, a figure Smurfit said took priority over shareholders. But subsequently, the shareholders hired valuers who established that the company was valued at over $5.8 billion. The company’s statement did not provide an enterprise value that was used in the agreement that was submitted last Monday.
Smurfit Stone Corporation had filed for Chapter 11 bankruptcy in January 2009 as a result of a spike in raw materials costs that coincided with a drastic fall in demand for its products and tight credit markets.
Shares of Smurfit Stone were reported to be up by 28% at 21.5 cents in early trade.

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    Baseball team Texas Rangers’ legal shenanigans have come under heavy criticism from a group of its creditors led by a New York hedge fund. The management of the team had voluntarily pushed the team into bankruptcy on Monday in order to secure a takeover of the team by a group of investors led by Chuck Greenberg and its team president, Nolan Ryan for about $575 million.

    When the creditors objected, federal bankruptcy judge D. Michael Lynn delayed a ruling until Wednesday to allow the Rangers’ proposed plan to pay $75 million of its debt currently tied up in owner Tom Hicks’ financially strapped ownership group, Hick’s Sports Group (HSG). If the payment had gone ahead, it would have removed the team from the additional claims by creditors against the Sports Group that have held up the stalled $575 million sale of the team.

    The team’s decision to file for bankruptcy was done without the consent of some of the creditors. This could result in more delays in certain court proceedings. However, the bankruptcy judge did rule Tuesday that the management of the team could pay their players’ and employees’ salaries and conduct other normal forms of business so that the team won’t ‘go hungry’.

    Lawyers for the top four creditors, including the hedge fund Monarch Alternative Capital noted that the team’s owner Tom Hicks had rejected previous higher bids to buy the team in favor of the lower bid by Greenberg and Nolan. Dennis Dunne, a lawyer representing Monarch, also said the team is responsible for the full debt, estimated at $550 million. Last year, the Hicks Sports Group defaulted on $525 million in loans which gave rise to grave concerns among its creditors.

    The creditors have accused the team’s management of hastily filing for Chapter 11 bankruptcy without conducting a fair and transparent market search on the team.

    Details of what transpired were revealed at the bankruptcy process. There were at least 15 prospective buyers who sought more information with a view of purchasing the team. Starting from July 2, information packets were distributed to at least 10 parties who had obtained the green light from Major League Baseball to be part of the sales process. By the August 18 deadline, Texas Rangers’ owners had received 6 non-binding bids and Hicks approved 3 of them to proceed on to the second phase of the process. November 20 was when the 3 prospective buyers submitted their final binding bids. Over the 2 weeks that followed, 2 out of the 3 prospective buyers upped their bids. However, the bankruptcy papers did not identify the unsuccessful bidders.

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