Securities And Exchange Commission

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Since the bankruptcy filing of MF Global on October 30, the brokerage firm’s creditors have started to take action to recover their losses. These include suing the company’s advisers, searching for assets overseas and seeking information from a probe into the mingling of customer accounts. MF Global’s liabilities amount to $39.7 billion and its assets are valued at $41 billion. The firm has said it has about $26 million in cash. But about $593 million of MF customer funds cannot be unaccounted for.

At this point, the trustee overseeing the liquidation of MF Global’s operating unit, James Giddens has started an investigation into possible fraud or misconduct, as has the FBI. Giddens was allowed by the bankruptcy court to investigate the company’s directors and officers, lenders and other investors. The investigation will be centered primarily on customer recoveries. Besides the FBI, other government agencies investigating are the Commodity Futures Trading Commission and the Securities and Exchange Commission. MF Global requested an extension to the usual 14-day period to provide its list of assets and debts and was granted an extension till January 30 to do so.

The trustee is facilitating the formation of a creditors’ committee to look after their interests. The majority of these creditors are unsecured bondholders. But creditors and bankruptcy lawyers may hesitate to get involved in the case because of fears that it may have insufficient funds to pay the committee’s legal fees.

Another group taking action are members of exchanges who provided liquidity for MF Global to trade. Among them are members of the New York Mercantile Exchange, COMAX and Intercontinental Exchange.

MF Global’s financial problems began escalating when the firm issued two tranches of $325 million in repo-to-maturity debt and made bets amounting to $6.3 billion on financially-strapped European countries like Portugal, Italy and Spain, among others. US regulators had questioned MF Global’s use of so-called repo-to-maturity transactions as early as March.

MF Global tried to sell itself before filing for bankruptcy but there were no buyers. The firm subsequently filed for bankruptcy. Usually, such a company would seek loans to fund their operations in bankruptcy from a lender who wants to protect its prior investment, or a potential buyer. In MF Global’s case, the financier is likely JPMorgan Chase & Co. JPMorgan Chase & Co., agent to a $1.2 billion unsecured loan, also provided a $300 million secured loan to MF Global’s brokerage. JP Morgan has asked for all of MF Global’s remaining collateral.

MF Global’s bankruptcy could end up as complex as that of Lehman Brothers, where disputes arose over whether parties holding collateral for one transaction have a right to hold it because they have an unrelated claim against MF Global.

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    American Apparel Inc., a garment retail company that popularized the hipster, is struggling in financial deep waters.  It’s maverick CEO and chairman, Dov Charney owns 53% of its stock and is known to be a very hands-on leader, personally evaluating fabrics and choosing designs in his LA factory.  But he is not known to be as meticulous when it comes to financial matters.

    The garment manufacturer lost its auditor, Deloitte & Touche LLP when the firm quit stating that American Apparel’s 2009 financial statements might not be reliable.  The Federal Securities and Exchange commission requested for documents used to prepare the financial statements.  An American Apparel’s lawyer said the files would be submitted as requested.  The company was also subpoenaed by the US Attorney’s Office over the irregularities in its auditing after Deloitte & Touche quit.
    Following reports of a preliminary second quarter loss, the company’s shares plunged into penny stock territory.  Lenders are withdrawing their support and the company might not have enough reserves to last another year.  Store-wide sales figures have fallen by double digits and the company’s debts amount to $120 million as at June 30, if company figures can be believed in the first place.  All these are typical signs of a company heading for bankruptcy.
    What may prove to be the last nail in the coffin might be the Immigration department’s raid on American Apparel’s factory in Los Angeles recently that resulted in the arrest of 1,500 factory workers.  It was a deemed to be an inevitability according to observers.  Two years ago, Charney displayed an American Apparel print advertisement that featured two Guatemalan-born employees likening the US immigration laws to an apartheid system.
    The loss of the factory workers resulted in delayed order fulfillment, shortages in key products and further worsened the company’s financial problems.  American Apparel might now be delisted from the New York Stock Exchange Amex because it could not submit its second quarter financial statements after Deloitte & Touche’s departure.
    It is also desperately in need of a new funding source after it was revealed that the company might default on a $75 million loan from Lion Capital LLP, a private equity fund based in London.  But any new investor coming in would almost certainly change the entire management of the company, pushing Charney out of the hot seat of the company he built from the ground up.
    If you or your company face financial problems too big for you to handle, consult us for advice on bankruptcy.  Bankruptcy is your right under the law and will protect you from your creditors giving you time to sort out your finances and repay your debts.  Call us at (813) 200 4133 for a free consultation or visit http://tampabankruptcy.pro.

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    American Apparel heads for Bankruptcy

    American Apparel Inc., a garment retail company that popularized the hipster, is struggling in financial deep waters. It’s maverick CEO and chairman, Dov Charney owns 53% of its stock and is known to be a very hands-on leader, personally evaluating fabrics and choosing designs in his LA factory. But he is not known to be as meticulous when it comes to financial matters.

    The garment manufacturer lost its auditor, Deloitte & Touche LLP when the firm quit stating that American Apparel’s 2009 financial statements might not be reliable. The Federal Securities and Exchange commission requested for documents used to prepare the financial statements. An American Apparel’s lawyer said the files would be submitted as requested. The company was also subpoenaed by the US Attorney’s Office over the irregularities in its auditing after Deloitte & Touche quit.

    Following reports of a preliminary second quarter loss, the company’s shares plunged into penny stock territory. Lenders are withdrawing their support and the company might not have enough reserves to last another year. Store-wide sales figures have fallen by double digits and the company’s debts amount to $120 million as at June 30, if company figures can be believed in the first place. All these are typical signs of a company heading for bankruptcy.

    What may prove to be the last nail in the coffin might be the Immigration department’s raid on American Apparel’s factory in Los Angeles recently that resulted in the arrest of 1,500 factory workers. It was a deemed to be an inevitability according to observers. Two years ago, Charney displayed an American Apparel print advertisement that featured two Guatemalan-born employees likening the US immigration laws to an apartheid system.

    The loss of the factory workers resulted in delayed order fulfillment, shortages in key products and further worsened the company’s financial problems. American Apparel might now be delisted from the New York Stock Exchange Amex because it could not submit its second quarter financial statements after Deloitte & Touche’s departure.

    It is also desperately in need of a new funding source after it was revealed that the company might default on a $75 million loan from Lion Capital LLP, a private equity fund based in London. But any new investor coming in would almost certainly change the entire management of the company, pushing Charney out of the hot seat of the company he built from the ground up.

    If you or your company face financial problems too big for you to handle, consult us for advice on bankruptcy. Bankruptcy is your right under the law and will protect you from your creditors giving you time to sort out your finances and repay your debts. Call us at (813) 200 4133 for a free consultation or visit http://tampabankruptcy.pro.

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    The nation’s top three finance officers lobbied before the House Financial Services Committee for more stringent regulatory measures over financial markets to prevent any more major bankruptcies like Lehman Brothers. Treasury Secretary Tim Geithner, Federal Reserve chairman Ben Bernanke and Securities and Exchange Commission (SEC) chairwoman Mary Schapiro who have come under sharp criticism lately for their institutions’ failure to prevent Lehman from going bankrupt, appealed for an overhaul of the financial systems.

    At the opening of a hearing to discuss policy matters on financial markets, the case of Lehman’s bankruptcy was brought up highlighting the fact that the nation’s financial regulatory bodies did not pick up on Lehman’s exposure to risky derivatives and their highly questionable accounting practices to hide these activities in the years prior to their collapse.

    Financial reform has been in the forefront of many people’s minds not least because the SEC last week charged another Wall Street giant, Goldman Sachs with fraud. At the hearing, legislators began their debate on the tough measures needed to be taken for the government to better regulate derivatives and the appropriate capital requirements for Wall Street firms.

    One of the matters brought up in the debate was how Lehman surreptitiously used an accounting trick known as ‘Repo 105’ to mask its massive losses and remove some $50 billion of assets from its balance sheet instead of selling them off at a loss.

    At the discussions, lawmakers from both sides of the political divide decried Lehman’s gross mismanagement and expressed disappointment at the feeble regulatory system that did not detect their wrongdoing and under-capitalization until it was too late.

    This led to a call for the need to enforce the Wall Street Reform bill that was proposed by the Democrats and passed by the Senate Banking Committee last month. But this proposal was quickly shot down by the GOP representatives, branding such a move as trying to reinforce a broken system. The Republicans are generally against giving the Fed Reserve and SEC more regulatory authority.

    The committee questioned Shapiro on how the SEC could have overlooked Lehman’s condition and did not take action on the investment bank earlier. In reply, Shapiro stated that the SEC did not have “the staff, the resources or…the mindset” to effectively regulate the operations of the world’s largest financial institutions. At the time of Lehman’s bankruptcy, the SEC had only 24 employees overseeing five of the largest investment banks in the world.

    Shapiro was quick to add that the SEC had learned from its mistakes and has adopted more stringent methods of cracking down on the types of transactions that led to Lehman’s downfall. The SEC has sent letters to all major financial institutions requesting detailed descriptions of accounting practices including possible Repo 105 type transactions and will make its findings public after reviewing them.

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    Point Blank files for Bankruptcy

    The US Army’s supplier of body armor, Point Blank Solutions Inc. has filed for bankruptcy protection Wednesday. This was partly due to the legal costs it incurred pertaining to a former chief executive’s indictment for fraud. Its former CEO, David Brooks is the company’s largest shareholder with a 22.6% ownership of the company. He is currently on trial in New York after being charged for fraud and related crimes.

    Court documents show that the company spends as much as $600,000 a month on legal fees alone. On top of that, it is also the subject of a Securities and Exchange Commission investigation and faces a lawsuit by some of its shareholders.

    As at December 31, the company’s assets totaled $68 million while its liabilities amount to $72 million. It had secured a Debtor in Possession (DIP) loan for $20 million to fund its bankruptcy expenses. Among its shareholders are Prescott Group Capital Management and Steel Partners, who provided the DIP loan.

    The company stated in court that it had appointed Scott Avila of CRG Partners Group LLC as their chief restructuring officer to negotiate its sale as a going concern.

    Point Blank Solutions, based in Pompano Beach in Florida supplies about 80% of the US military’s soft body armor vest requirements employing 920 staff members.

    St. Vincent’s files for Bankruptcy

    St. Vincent’s Hospital in Manhattan filed for Chapter 11 bankruptcy Wednesday in Federal District Court of Manhattan. In its bankruptcy application form, the hospital stated its liabilities as ‘more than $1 billion’. How much more is anybody’s guess.

    The hospital has revealed that its biggest unsecured creditor is a federal pension insurance agency, the Pension Benefit Guarantee Corporation. The second largest creditor is a medical malpractice trust monitor to whom the hospital owes $113 million.

    The Pension Benefit Guarantee Corporation itself is unable to pay some $180 million in pension claims as the fund currently is in deficit. The Pension Benefit Guarantee Corporation is an arm of the federal government. However, both a spokesman for St. Vincent’s Hosptial, Michael Fagan, and that for the pension fund, Jeffrey Speicher reiterated that the pensions of their staff were ‘not at risk’ and that ‘the nurses are going to get their pensions.’

    The hospital said that it was taking the step of filing for bankruptcy so that it could continue to care for its patients as it closes down.

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