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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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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