September 2010 Archives

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Ex-DOJ Official Appointed Washington Mutual Bankruptcy Examiner

When Washington Mutual Inc. filed for bankruptcy on September 25, 2008, it became the largest US banking failure.  The bankruptcy filing arose as a result of the Federal Deposit Insurance Corporation (FDIC) seizure and sale of Washington Mutual’s banking unit to JPMorgan Chase & Co. for $1.9 billion.
Over the two years since, the shareholders of Washington Mutual have felt that they were given a raw deal and have been seeking the court’s intervention to appoint an examiner over the case.  Their request was granted when US bankruptcy judge Mary Walrath gave the orders for the appointment of an independent examiner in Delaware who is tasked to review a recent settlement to enable Washington Mutual to reorganize and look into related claims.
As such, the Office of the US Trustee, which is part of the Justice Department, appointed Joshua Hochberg, one of the former top officials in the criminal fraud unit of the US Department of Justice as the examiner in charge of Washington Mutual Inc.
Under US bankruptcy law, an examiner holds less power than a trustee and is appointed when it is in the creditors’ interest.  Just before he was appointed Examiner, Hochberg sold off his 300 shares in JPMorgan.
Early this year, Washington Mutual had made settlement proposals to its disputes with the FDIC and JPMorgan.  These settlements brought about the reorganization plans where Washington Mutual’s creditors stand to recover up to $6.8 billion whereas the shareholders would not receive anything.  This is despite the fact that Washington Mutual has assets worth up to $30 billion in the opinion of the shareholders.

Uno Pizza Exits Bankruptcy

After 6 months in bankruptcy, Boston-based Uno Restaurant Holdings Corp announced its emergence from Chapter 11 bankruptcy.  Uno Restaurant Holdings is the owner and operator of Uno Chicago Grill, the makers of the well-known Chicago-style deep dish pizza.  In the bankruptcy process, the company has managed to reduce its debts by more than 50% from $176 million to $40 million.  It also has acquired new majority owners, namely Twin Haven Capital of Los Angeles.
A bankruptcy judge has approved of Uno’s restructuring plan paving the way for its exit from bankruptcy.
After the bankruptcy, the company produced two new products in a brand new menu it put out this month.  The two new products were a line of frozen entrees and handy microwavable mini-calzones called Tastefuls.  Plans are underway in the next few months to expand its fast-casual concept of dining called Uno Due Go and its quick-service concept called Uno Express.
Many individuals and companies have overcome their financial problems through filing for bankruptcy.  If you wish to consider the bankruptcy option, call us for a free consultation at (813) 200-4133 or visit http://tampabankruptcy.pro.

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    Teresa Guidice of ‘Real Housewives of New Jersey’ and her husband Joe are ready to make a fresh start after the star emerged from bankruptcy.  The couple filed for bankruptcy protection in October last year after a series of failed real estate investments left them $11 million in debt.
    In an entry in her blog, the 38-year old Bravo reality star stated, “It’s not a fun or an easy process.  If you’ve ever been unfortunate enough to be involved in a legal situation, you know it’s a lot of back and forth between both sides.  Right now, our bankruptcy trustee is trying to get an auction going, and our lawyer is objecting it.  Every day, there are new tactics used, stories circulated, and details ‘leaked’ to the press, but it’s all part of the legal wrangling.  All I can do is rise above it, keep my head high, and know that at the end of the day, I have my family, my health, and I’m in God’s hands.  Nothing else matters, certainly not a lamp.”
    Guidice went on to say, “We worked so hard for so many years and it was heartbreaking to file, and not something we took lightly.  Of course you can’t sit in your bed and just cry all day, so we moved forward, got new jobs, and are working hard once again.  The point is to get a fresh start so you can move forward.”
    Despite putting up the contents of their mansion for auction, the last episode of the show showed the couple celebrating their 10th wedding anniversary where Joe bought Teresa a diamond and took her for a flight on a private helicopter.
    The star is involved in charities, some of which are Project Ladybug, charities for pancreatic cancer, autism, AID for AIDS International, the Red Cross and Clean the World, to name a few.  This September, Guidice will be spending her Labor Day weekend at My Big Gay Italian Wedding for four days in a row for charity.
    Guidice has had her fair share of controversies.  Recently a charity complained about her alleged unwillingness to appear for them unless she was paid.  But Guidice has strongly denied the allegation, saying she had never heard of them.  According to Guidice, the charity contacted the agent who books her in clubs and was told he does not do charities.  He then told them to contact Guidice directly, which the star maintains is easy to do through her website.
    If you are having financial difficulties, consider bankruptcy as a way out.  Contact us for a free consultation at (813) 200-4133 or visit http://tampabankruptcy.pro.


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    Developers of Artecity Condos File for Bankruptcy

    Artecity is a partially-completed 202 unit condominium project in Miami Beach whose developers filed for Chapter 11 bankruptcy recently in efforts to avoid foreclosure of the project.  The Artecity project developer’s lawyers stated that 93 of the units are presently under contract and the developers have raised $2.7 million from original investors in order to finish the project.

    But a group of creditors, led by Starwood Capital and the Federal Deposit Insurance Corporation (FDIC) filed a lawsuit to seek foreclosure of the project in March.  The group owns the loan on the project, which was part of the $4.5 billion in troubled loans taken over from Chicago-based Corus Bank after it failed last year.

    The Artecity loan was originally $60.3 million taken in 2005.

    Creditors Fear the Worse in Bankruptcy Court Proposal

    A bankruptcy court’s proposal to write off $300 million worth of loans to Innkeepers USA Trust given by securitized lenders has precipitated fear among creditors that more of such debts would be written off.

    This proposal affects the entire community of lenders giving loans based on commercial mortgage-backed securities (CMBS) to big real estate companies.   These lenders would rather renegotiate the terms of their loans or at the very least recover their loans in the form of properties.  But with the bankruptcy court ruling, holders of commercial mortgage-backed securities (CMBS) worry that approval of the Innkeepers USA Trust plan would set a precedent in such cases and lead to more of such loans being written off in future.

    The Innkeepers USA Trust plan involves repaying Lehman Bros in full for the $238 million loan given by them.  Furthermore, the now-bankrupt investment bank will be given part ownership of the Palm Beach hotel company.  Under the plan, Lehman Bros, whose own bankruptcy in 2008 was the biggest and most devastating in US history, would agree to fund $17 million out of $67.75 million required by the company for renovations.

    Analysts foresee that the bankruptcy court’s approval of Innkeepers’ plan would embolden other major real estate firms that own lots of property to take the bankruptcy path to force the write-downs of their loans to avoid repaying their lenders.

    Whether you are an individual or a company, bankruptcy is a viable option under the law for your financial difficulties.  Call us at (813) 200-4133 for a free consultation or visit http://tampabankruptcy.pro.

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    It might surprise you that Teresa Guidice of Real Housewives of New Jersey is not the only celebrity who has filed for bankruptcy.  Many people would have diverse opinions about celebrities seeking bankruptcy protection while they live in the opulent luxury of their 20-room mansions, wine and dine in the finest restaurants while jet-setting around the globe every year.  Other celebrities who have gone before Guidice down the road of bankruptcy include:
    1. Tough guy Don Johnson of Miami Vice and ex-husband of Melanie Griffith filed for bankruptcy in 2004 because he did not want to lose his $20 million Pitkin County Ranch in Colorado.  The ranch was due to be auctioned to settle Johnson’s debts when he filed for bankruptcy, eventually saving his ranch and paying off his debts.
    2. Tammy Wynette (‘Stand by Your Man’) filed for bankruptcy after the failure of her investment in two Florida malls that went south.
    3. Actor Burt Reynolds, who ironically was once an item with Wynette, filed for bankruptcy after his divorce from Loni Anderson in the mid 1990s.  Anderson and Reynolds have one son together.
    4. Lorraine Bracco of the Sopranos had openly discussed her financial problems and fight with depression.  She filed for bankruptcy protection after a long-drawn legal custodial battle with her ex-husband Harvey Keitel over their daughter, Stella.  It was the show, the Sopranos that eventually enabled Bracco to pay off much of her debts after her bankruptcy in 1999.
    5. Did you know talk show host Larry King filed for bankruptcy in 1978?  In fact, King was in debt to the tune of $352,000 (a princely sum in the 1970s), charged with grand larceny and stealing from his business partner.  The charges were later dropped.
    6. The late Anna Nicole Smith lost a sexual harassment case against a former employee in 1996.  The court ordered Smith to pay $850,000 in damages.  She filed for bankruptcy protection as a result of that.  She has two children.
    7. Britney’s mother and manager, Lynn Spears and her husband filed for bankruptcy in 1998 just before daughter Britney became famous (sometimes for all the wrong reasons).
    Everyone is entitled to bankruptcy protection under the law, whether you’re famous or not.  If you are struggling with insurmountable debts, give us a call to discuss your financial options.  Bankruptcy may be one of them.  Call us at (813) 200-4133 for a free consultation or visit http://tampabankruptcy.pro.

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