Sunday, November 8, 2009

Advanta files for bankruptcy protection



Posted By Rico K Setyo
By Megan Davies

Advanta Corp (ADVNA.O), a small business credit card lender, on Sunday said it filed for bankruptcy protection after the economic crisis over the last two years devastated its small business customers.

Advanta Bank Corp, a wholly owned subsidiary of Advanta Corp which issues credit cards for small businesses, is not included in the Chapter 11 filing, the company said. The filing will not have any impact on outstanding credit card balances, Advanta said.

The Spring House, Pennsylvania-based company Advanta, which earlier this year shut 1 million accounts, said it is currently collecting its $2.7 billion portfolio of managed receivables from 360,000 customers, but the cards are not open to new charges.

It cautioned that Advanta Bank's capital is below regulatory capital requirements and over time Advanta Bank Corp may be turned over to an FDIC receivership.

It said the parent corporation has decided not to fund the capital deficiency in order to preserve value for the senior retail note holders and other Advanta Corp. stakeholders.

Read More

Personal Bankruptcy on the Rise



By Rico K. Setyo

Since 2007, the financial crisis has taken a toll on both individuals and businesses. For the past two years, many businesses and corporations have fallen and filed for bankruptcy. However, corporations in the financial and commercial industry are not the only victims of bankruptcy, many consumers have fallen to bankruptcy filings.

The amount of American consumers filing personal bankruptcies has reached 9% which is considered the highest in four years. In addition the amount of total bankruptcies exceeded 1.4 million. Many people are still holding a lot of debt like credit cards and home equity loans. Since unemployment continues to rise, these people who have a lot of liabilities are not able to pay their creditors which ultimately lead to bankruptcy. However, many people have found alternatives to pay their debts by tapping into their retirement funds and savings.

The government is trying to help these people by passing an unemployment extension bill which was recently passed by the senate. This bill will help Americans by giving them an additional 20 weeks of unemployment benefits. Since unemployment is closely connected with bankruptcy, passing this bill will hopefully help some people with their financial struggles.

Another way to reduce the amount of people filing for personal bankruptcy is taking alternatives to relieve debt. Some of these alternatives are debt settlement, debt consolidation & debt consolidation loans, and consumer credit counseling.

1

2

3

Effectiveness of Government Bailouts


Written By: Lisa Matthys

It was hardly a surprise that CIT filed for Chapter 11 bankruptcy protection on November 1st as it has been expected for months. However, mainstream media is calling the collapse “one of the largest in U.S. corporate history”, fifth after Lehman Brothers, Washington Mutual, WorldCom, and General Motors.

The 101-year-old CIT received a $2.3 billion bailout from the federal government last December. The bankruptcy of CIT marks the first failure of a government-bailed-out firm. Last year during the peak of the financial crisis, government bailouts were expected to help those banking companies near the verge of filing for bankruptcy. Out of those companies given government money, companies like Goldman Sachs Group Inc. and JPMorgan Chase & Co. have already repaid their debt and restrictions have been lifted. But companies such as Citigroup Inc. and Bank of America Corp will continue to have restrictions, on bonuses for example, until they pay back the government.

But when will enough be enough? The Obama Administration is currently contemplating whether to provide a third rescue to GMAC, which provides financing for dealers, primarily General Motors and Chrysler. GMAC is seeking as much as $5.6 billion in taxpayer money, on top of the $12.5 billion it received previously. Many say that GMAC’s failure would be devastating not only to General Motors and Chrysler, but also to consumers who often use GMAC to finance loans to buy new vehicles.

Source 1
Source 2
Source 3

As Bankruptcies Surge, Fewer Emerge










Posted by Adam Lindheim
By John Tozzi


As the effects of the recession continue, the high number of business bankruptcies—7,514 in May, up 40% from the prior year—shows few signs of abating. That's because the factors pushing companies into bankruptcy, including depressed sales and tighter credit, may linger even when the economy starts growing again, especially if the recovery is less than robust.

More than 100,000 companies—about one in every 270 American businesses—have landed in bankruptcy court since the downturn began 18 months ago, according to data compiled by Oklahoma City-based Jupiter eSources, which tracks bankruptcy filings through its AACER database. The rate of commercial bankruptcies has more than doubled in two years, and economists expect the level to remain high for a year or longer once the recession ends. In addition, creditors are less willing to work with business owners to find ways for an insolvent firm to recover.

That's because in a sluggish recovery, banks with already fragile balance sheets are unlikely to be sympathetic to debtors' turnaround plans. Often creditors recover more of their debts faster by closing bankrupt businesses and selling off the assets. "Today lenders—meaning banks—have much less patience for a traditional Chapter 11 reorganization, no matter what size the case," says attorney Kenneth Rosen, head of the bankruptcy group at Lowenstein Sandler in Roseland, N.J.


To read more

Bankruptcy Buyout Basics











By Adam Lindheim

With more and more businesses filling for bankruptcy, bankruptcy buyouts are becoming more common, but can be problematic compared to traditional acquisitions. Most modern bankruptcy buyouts are considered 363 deals. 363 refers to a section of the bankruptcy codes, and are designed to maximize value of each of the businesses assets. These deals are not intended to follow the same procedures as chapter 7 or chapter 13, as well speeds up the processes.

If a businesses entrepreneur is aware of a business potentially filling for bankruptcy, they can work out a deal to make the buyout easier before the company files for bankruptcy. The company or individual purchasing the company can build in protections in order to insure the success of buyout. Once the seller files for bankruptcy, they can ask the judge to approve the deal and then authorize the auction of the company. The seller must still give the auction to the highest bidder, but the 363 deal insures a quick and speedy deal is done. Despite these facts Moody's Investors Service did a study that followed the largest private equity deals of the decades buyouts. They found that these deals fared much worse than in past decades. It is important to carefully study the companies that are filing for bankruptcy before an acquisition deal is finished.


Source 1

Source 2
Source 3

Hollywood Financial Woes: Willie Aames Rebounds, Nicholas Cage Sues



Posted By: Lisa Matthys

Written By: Alice Gomstyn and Sheila Marikar

Celebrity financial problems are making headlines again this week, with Nicolas Cage pursuing a lawsuit, and Willie Aames trying to make a comeback.

A documentary chronicling Aames' efforts to rebuild his life will premiere Thursday on VH1. The documentary is called "Broke and Famous: Willie Aames," and it will show the star of "Eight Is Enough" and "Charles in Charge," who has struggled with a home foreclosure and bankruptcy, working with a financial guru and life coach. He is trying "to reshape his financial future," VH1 said in a statement.

Evidently, Aames has already succeeded -- he told the show "Entertainment Tonight" that he, himself, now plans to become a financial advisor.

Click here to read more!

GM and Opel




Written by Minjune Kim


DETROIT — The head of European operations for General Motors quit on Friday after the automaker backed out of a deal to sell its Opel brand, a decision that has angered German workers and government officials.
The executive, Carl-Peter Forster, was expected to run Opel after a majority stake was transferred to the Canadian auto parts supplier Magna International and the Russian bank Sberbank.
Mr. Forster had been outspoken in his support of the sale and this week criticized G.M.’s handling of the deal, the result of talks that started in the spring as the company spiraled toward its June 1 bankruptcy filing. The aborted deal also included G.M.’s British brand, Vauxhall.
Robert A. Lutz, G.M.’s marketing chief and a member of Opel’s supervisory board, will become Opel’s interim chairman while G.M. searches for a new chief executive, a person with direct knowledge of those plans said. Mr. Lutz, 77, who delayed previous plans to retire this year, will retain his current duties.

GM now intends to keep Opel and its sister brand Vauxhall, but needs to update its restructuring plan in order to win financing for the move from Germany, the U.K., Poland and Spain. GM said Tuesday it needs €3 billion ($4.45 billion) in government financing, but in recent days has indicated it may have other ways to help fund a restructuring, including using its own liquidity.
Mr. Forster, an opponent of the board's decision to keep Opel, will be replaced for now by GM marketing chief Robert A. Lutz, who will be head of the Opel supervisory board but not GM Europe CEO.

In Germany, tensions are running high over GM’s decision not to go through with a deal that would have given Magna and Russian bank Sberbank majority control of Opel, a deal favored by European labor unions and German politicians.
Thousands of Opel employees walked off the job on Thursday to protest the decision.
“Our trust (in GM) is now zero, and that is the heart of the problem,” the Associated Press quoted Klaus Franz, the head of Opel’s employee council, telling thousands of workers in Ruesselsheim.




Lear to Exit Bankruptcy Court




Written by JOHN D. STOLL

Posted by Minjune Kim


Lear Corp. plans to emerge from bankruptcy protection Monday with a message from Chief Executive Bob Rossiter: "We are a tighter, leaner company that will never make some of the mistakes we made in the past."
The Southfield, Mich., company, which produces seats and electronics for automobiles, expects to emerge from bankruptcy court on Monday, just four months after it filed for protection under Chapter 11 of the U.S. Bankruptcy Code. Despite concerns voiced earlier in the year suggesting there would be no bankruptcy financing available for auto suppliers, Mr. Rossiter managed to line up creditors and lenders willing to fund a $500 million debtor-in-possession facility and exchange billions in debt for new equity.
Lear and many of the other key players in the U.S. supply industry avoided the dire prospects predicted for the auto-supply chain earlier this year. At least 50 auto suppliers have filed for bankruptcy protection in 2009, but many of them have managed to quickly regain footing and avoid liquidation even though the U.S. auto-supply chain is operating at about 46% of its actual production capacity, according to the Original Equipment Suppliers Association.
"There has been significant progress in recent months to recognize and protect the [suppliers] that will continue to provide the foundation beneath any [auto maker] looking forward to surviving this crisis," CSM world-wide supply-chain analyst John Eaton said in a recent research report. Billions in aid from the U.S. Treasury Department, and an unexpected, albeit limited, source of DIP financing has helped salvage many of the larger parts makers.
On Monday, Lear is expected to post a $100 million operating profit and $100 million in positive free cash flow for the third quarter, as well as announce that its new business backlog for the next three years has swelled to $1.4 billion, or 25% higher than it was in January, according to a spokesman.
For Mr. Rossiter, who has been at Lear's helm since 2003, the challenge has never been about proving that his company has a strong core. His challenge has been posting sustained earnings growth while relying heavily on U.S. auto makers that often oblige suppliers to take price reductions, shoulder material cost increases, and incur mountains of debt in order to win supply contracts.
It was a pile of debt, much of which was related to a business it hasn't owned since mid-decade, that landed Lear in bankruptcy court.
The auto supplier divested its interiors business—which relied on the extremely low-margin production of injection-molded plastic parts—to billionaire investor Wilbur Ross.
As a part of that deal, Lear agreed to keep about $2 billion of that business's debt. "We were carrying this $2 billion in debt that we had no sales on," Mr. Rossiter said in an interview Friday.
By last November, after the meltdown of the credit markets and a nosedive in U.S. auto sales, Mr. Rossiter said it was clear that the company would have to do something about its debt load.
Rather than wait for government funding or request significant bailouts from its customers, Mr. Rossiter tried his luck with bankruptcy and creditors, making it clear that "we are more realistic about our approach...we want a fair return for what we give."
Lear expects its stock to resume trading on the New York Stock Exchange upon the company's emergence from bankruptcy court. Mr. Rossiter said the equity, which is mostly owned by the creditors who backed the Chapter 11 filing, is expected to be valued at $1.9 billion, a level not seen since mid-2008. "We think we fixed the business and we're going to come out with investment-grade metrics," Mr. Rossiter said.
Under Mr. Rossiter, Lear increasingly has moved operations to lower-cost markets and won business in markets outside the U.S., including Asia and Europe. Its most recent achievement was scoring the seating business for the Fiat 500 compact car that Fiat SpA plans to make in Mexico and sell in the U.S.
But despite deep retooling, Lear has made one annual profit in the past four fiscal years. Standard & Poor's Ratings Services, in a news release issued late Friday about its expectations for Lear's credit ratings, estimated that 37% of Lear's 2008 sales are based on deliveries to General Motors Co. and Ford Motor Co. A quarter of its seat sales are to GM. S&P expects to assign a "B" credit rating to Lear's corporate credit and view it with a "stable outlook."
Analysts expect Lear's court-protected debt restructuring, which will lower interest payments, to help drive profits. Lear also reworked supply and labor contracts in bankruptcy court in order to cut costs and fortify pricing. "Based on the capital structure under the plan of reorganization, the new company will have reduced its debt by more than 75% from pre-bankruptcy levels," S&P credit analyst Lawrence Orlowski wrote in the release.
"We assume Lear's global sales for 2010 will grow 12%," Mr. Orlowski added. Still, the supplier is likely to face major challenges. "We believe the new Lear's business risk profile after emergence will be weak, largely because of volatile auto production levels, high fixed costs, fierce competition, and severe pricing pressures that characterize the global auto supplier industry," Mr. Orlowski said.



Namvar Debts At New Heights


INVESTMENT: Businessman personally owes $321 million.

Posted by Stefanie Marty

Los Angeles Business Journal Staff

Bankrupt businessman Ezri Namvar personally owes at least $321 million to creditors, making his bankruptcy one of the largest in Los Angeles County in recent decades.

That amount, combined with $545 million already known to be owed by his bankrupt real estate investment company, Namco Capital Group Inc., swells the total amount of money owed in Namvar’s financial collapse to at least $866 million.

The information on what Namvar owes comes from a list of the businessman’s personal debts that was prepared by his bankruptcy counsel but has not been filed in court. The list can be found on the Namvar bankruptcy trustee’s Web site.

Bankruptcy experts and local attorneys said they know of no larger personal bankruptcy in Los Angeles County in recent decades, although no one knew of any records that would verify that. However, local corporate bankruptcies, such as Fremont General Corp. and IndyMac Bancorp Inc., were far larger.

“This is as big a local real estate bankruptcy case as I recall,” said J. Scott Bovitz, a bankruptcy law expert with three decades of experience who is also representing a Namco creditor. “I think at the end of the day we are going to discover the amounts are higher – I think it could be a billion-dollar case.”

Namvar is the subject of a federal investigation and has been accused by several creditors of running a Ponzi scheme after his real estate business collapsed.

Namvar raised money in an unusual way. He personally collected it from hundreds of members of his own West L.A. Persian Jewish community, some of whom are now said to be destitute after handing him their life savings. He invested most of it in commercial real estate, including such local trophy assets as the Los Angeles Marriott Downtown hotel; the Wilshire Bundy Plaza office building in West Los Angeles; and the Park Fifth development site downtown, where he and his partners planned to build the tallest condo tower west of Chicago.

His empire, valued at $2.4 billion in mid-2008, collapsed in the real estate downturn in the second half of last year. He and his company were forced into bankruptcy by a group of creditors in December.

Read more

Filing Personal Bankruptcy or Opt for a Debt Relief Program?




Written by Stefanie Marty


Bankruptcy filings are at near historical highs. Consumers feel that they are benefiting through filing personal bankruptcy. But totaldebtrelief.net advises to avoid personal bankruptcy due to different reasons. By filing bankruptcy it doesn’t mean that personal property cannot be seized anymore. Further bankruptcy has a long-term effect on the filers by destroying their credit records. It is almost impossible for filers to get any form of credit during a long period of time, it will be more difficult for them to get a job and it also leads more likely to higher deposits paid by them for utilities.

But certainly there are cases when filing bankruptcy makes sense. When to file for bankruptcy is different for everyone. John Turner, an attorney specializing in bankruptcies, says that in general people might need to start thinking about filing when they pay everyday expenses with their credit card.

Instead of filing personal bankruptcy totaldebtrelief.net advises individuals to consider alternatives like debt relief programs. One such alternative is a debt settlement which helps eliminating credit card debt. But also in such a process every step has to be evaluated carefully. As Susan Grant, director of consumer protection at the Consumer Federation of America, said: “There's no guarantee that a debt-settlement company is going to be able to in fact settle your debts for pennies on the dollar, if at all.” To make sure a debt settlement is the right thing to do in your situation, visit a consumer-credit counseling agency, talk to attorney, and try working out a settlement yourself. Working out a settlement helps you to find out what you can afford to pay and come to an agreement with your creditors.

Source 1
Source 2
Source 3

Saturday, November 7, 2009

One of the oldest symphony houses declares bankruptcy



Written by Michael Rivezzo


The Honolulu Symphony, one of the oldest symphony houses still left, has decided to file for Chapter 11 bankruptcy protection. Last week the symphony stated that it did't have the money to supplement their payroll. The house decided it will cancel the rest of their shows for this year, they do not want to spend money they don't have said Majken Mechling, the executive director of the symphony society. They stated that ticket sales were the same as usual but donations, which covers 70 percent of costs, were down exponentially.

The symphony had trouble signs over the past years of the upcoming bankruptcy. Last year they held checks for sometimes up to three months. Musicians, conductors and staff tried to help carry the load by accepting a 15-20 percent payroll cut for this year. They just did not have the money to support a 64-piece orchestra. They go into bankruptcy with a 1 million dollars in debt. They have plan to re-organize themselves and possibly cut the orchestra's size to be easier to sustain a future growth.

Link 1
Link 2
Link 3

Personal bankruptcies surge 9%






By Hibah Yousuf

Posted by Michael Rivezzo

The number of Americans filing personal bankruptcies surged 9% in October and were on target for the highest annual total in four years, according to a report issued Wednesday.

The American Bankruptcy Institute, an industry research firm that relies on data from the National Bankruptcy Research Center, said 135,914 consumers filed for bankruptcy last month. Almost a third of the bankruptcies were filed under Chapter 13, in which consumers are put on a repayment plan of up to five years.

"The nearly 9% increase in consumer bankruptcy filings in October, together with a 7% jump reported in business cases, demonstrates the sustained stress on the U.S. economy," said ABI executive director Samuel Gerdano.

The group forecasts total bankruptcies to exceed 1.4 million in 2009, which would be the highest since 2005. It would also be an increase of at least 30% from last year.

Click here to read full story

Tuesday, November 3, 2009

Small Business Bankruptcy Filings Up 44% from Last Year


Written by: Lisa Matthys

An analysis performed by Equifax Inc. shows that bankruptcies among small businesses have increased by 44% from the third quarter of 2008 to the third quarter of 2009. In September 2009, there were 9361 bankruptcy filings throughout the U.S., up from 7386 one year ago. California remains the state with the most commercial bankruptcy filings during September 2009. Other states with high small business bankruptcies include Colorado, Texas, Oregon, and Georgia. Based on the data, the East Coast (areas such as Charlotte and New York – White Plains) are experiencing an earlier recovery from the recession than the West Coast.

Because of such high bankruptcy statistics over the last year and the recent declaration of bankruptcy of major Small Business Administration-backed loans, CIT, small businesses are struggling to find loans because banks are raising lending requirements and reducing the amount of credit they are willing to extend to reduce their exposure to risk. However, all hope is not lost. There are still sources for financing but borrowers must be prepared to disclose their current financial standing, along with the past two years of financial performance. With the current economy, small business bankruptcies are expected to continue to rise, leading to higher unemployment within the United States.

Source 1
Source 2
Source 3

October Personal Bankruptcies Highest Since 2005 Law Changes


Posted by: Lisa Matthys

Written by: Bill Rochelle and Michael Bathon

Nov. 3 (Bloomberg) -- More Americans filed bankruptcy in October than in any month since changes to U.S. bankruptcy laws in 2005 as unemployment and falling home prices prevented consumers from paying their debts.

The number of individuals filing bankruptcy rose 25 percent to about 131,200 from a year earlier, according to data compiled from court records by Oklahoma City-based Jupiter ESources LLC. The 1.2 million bankruptcies filed through October have already surpassed last year’s total of 1.1 million.

Businesses also continued to struggle to pay creditors; corporate bankruptcies climbed about 30 percent from October 2008, according to Jupiter. Chapter 11 bankruptcies, where a company attempts to reorganize rather than liquidate, rose the most in four months to 1,327 in October, according to Jupiter.

Click here to read more.

Business Bankruptcy Filings Increased 7% in October


By Eric Morath
Posted By: Srividya Srinivasan


Business bankruptcy filings jumped in October, reversing two consecutive months of declining commercial filings and indicating that bankruptcies could continue to rise as the economy struggles to stabilize.

Last month, 7,771 businesses filed for bankruptcy protection, compared to 7,271 that sought shelter from creditors in September, according to data from Automated Access to Court Electronic Records, a private firm that tracks bankruptcy filings.

After two months of decline, the 7% rise in commercial filings shows that businesses are still struggling to access financing and are facing weak demand for their products.

"The margin for success is so thin that any financial hiccup" could cause a business to file for bankruptcy, said Jack Williams, a bankruptcy professor at the Georgia State University College of Law.

Click to Read More.

The Truth about Bankruptcy



Posted by: Srividya Srinivasan


Filing bankruptcy represents starting over to some people. Why not start with a clean slate? Because it destroys your financial life let alone your personal life. Bankruptcy should not be a word that is taken lightly. The benefits of bankruptcy are your debt-to-income ratio is reduced, no more harassing calls from creditors, and you can start building up credit immediately after filing. However, the so-called benefits come at a great cost. Filing total bankruptcy affects your credit report and is kept on record for 10 years. Even after this time frame, a bankruptcy past can follow you for the rest of your life. When applying for a loan, it is common to question about past bankruptcy filings. If saying no because it is beyond 10 years, it is still considered fraud.

Most bankruptcy cases can be avoided, and if it is possible, it should be. With help from financial counselors and extensive amputation of excess stuff, eliminates the painful process of bankruptcy. With the help of creditors, debit collectors, and family and friends, as well as selling assets, the option of filing for bankruptcy might no longer have to be an option. As said in an article DaveRamsey.com about the experience of bankruptcy, foreclosure, and lawsuits, “Been there, done that, got the t-shirt, and it is not worth it”.

Source 1

Source 2

Source 3

Monday, November 2, 2009

CIT bankruptcy hits Asian markets




Written by Minjune Kim


Stock markets sagged across much of the Asia-Pacific region on Monday, unnerved by news over the weekend that the US lender CIT Group had filed for bankruptcy, and following a dismal showing on Wall Street on Friday. Upbeat economic news from China, South Korea and Australia did little to lift the mood in most of the region as investors focused instead on the fact that the US recovery remains feeble — a fact that was hammered home by weak US consumer spending data Friday.

Asian markets tumbled Monday as a heavy loss on Wall Street at the end of last week was compounded by the bankruptcy of US bank CIT at the weekend, hitting confidence for a global economic recovery. Tokyo lost 2.31 percent, Sydney 2.21 percent and Seoul 1.37 percent as dealers went into sell-off mode. Hong Kong lost 0.61 percent, after having been almost three percent lower at one point. Benchmarks in New Zealand, Taiwan and Singapore also fell, though the region recovered some early losses on strength in mainland China. The Shanghai Composite index was the only major market in positive territory, up 2.7 percent on stronger manufacturing figures and higher bank earnings. The broader Standard & Poor's 500 index fell 29.92, or 2.8 percent, to 1,036.19, and the Nasdaq composite index dropped 52.44, or 2.5 percent, to 2,045.11.U.S. markets were headed for a higher open. Dow futures rose 26 points, or 0.3 percent, to 9,690, while S&P futures climbed 3.3, or 0.3 percent, to 1,036. Oil prices were higher after a big fall, with benchmark crude for December delivery up 22 cents to $77.22 a barrel. The contract dropped $2.87 to settle at $77.00 on Friday.

US consumer spending data released on Friday, which showed a 0.5 per cent drop in September, revealed that American shoppers, concerned about their job prospects, remain reluctant to open their wallets — bad news for Asia’s export-dependent economies.
Combined with the CIT Group insolvency that served as a reminder that the US economy and financial system remain under considerable pressure, analysts said.

‘‘CIT filing for Chapter 11 bankruptcy protection is the culmination of difficulties for the lender that investors would have been well aware of. Still, it will at least refocus attention on underlying economic challenges and underpin risk unwinding trades,’’ Patrick Bennett, a strategist at Société Générale in Hong Kong, said in a note.

CIT Australia Bondholders Agree to Waive Rights, Letter Shows




Written by Sarah McDonald

Posted by Minjune Kim


Nov. 3 (Bloomberg) -- Bondholders of CIT Group Inc.’s Australian unit agreed to allow the lender to keep operating as normal after the U.S. parent filed for bankruptcy, according to a company letter to clients seen by Bloomberg News.

CIT Australia negotiated “certain concessions” for investors in its medium-term notes in return for them “forbearing from exercising rights associated with the bankruptcy,” it said in a letter dated yesterday and signed by Managing Director Keith Rodwell.

The letter didn’t give details on the concessions and Rodwell declined to comment when contacted at his office.

CIT, based in New York, listed $71 billion in assets and $64.9 billion in liabilities in a Chapter 11 petition to the U.S. Bankruptcy Court in Manhattan on Nov. 1. The lender, which funds about 1 million businesses such as Dunkin’ Brands Inc. and Eddie Bauer Holdings Inc., said it plans to exit court protection quickly because of support from bondholders, who voted for a “prepackaged” plan.

CIT Group (Australia) Ltd. sold A$300 million ($271 million) of fixed- and floating-rate notes in 2006, according to data compiled by Bloomberg. The bonds were guaranteed by CIT Group, National Australia Bank Ltd. analysts said in a research note yesterday.

The guarantor’s bankruptcy is likely to trigger an event of default, which gives bondholders the right to demand early repayment. The bonds mature in March 2011, Bloomberg data show.

None of CIT’s operating subsidiaries is included in the U.S. bankruptcy filing, according to a group statement.

“CIT Australia is well capitalized, profitable and cash- flow positive,” and the parent group’s bankruptcy filing will have “limited effect” on its daily business, the letter said.


Click here to read more

CIT Group Files Chapter 11; Biggest Loss For TARP Plan



By: Albert Tirado

Despite receiving $2.3 billion in federal bailout funds, small-business lender CIT Group Inc. filed for Chapter 11 bankruptcy Sunday afternoon.

CIT is the first firm to fail after receiving government bailout money. The bankruptcy is the largest loss so far for the Trouble Asset Relief Program and ranks among the top five largest bankruptcies in U.S. history.

The 101-year-old company's prepackaged bankruptcy plan is expected to allow the company to leave court protection by the end of the year under the control of its debt holders. While shareholders could receive new notes worth 70 percent of their existing shares, the Treasury Department probably will not see any of its bailout funds repaid



Click here to read more

Sunday, November 1, 2009

The 10 towns with the highest rates of personal bankruptcy



Written by David Budworth
Posted by Stefanie Marty

Bankruptcy and recessions go together like fat cats and bankers - but a report out this week reveals that in some parts of the country this is more true than others.

People in coastal towns are particularly prone to declare themselves bust, according to research from Wilkins Kennedy, the accountant

Overall, the average rate of personal insolvencies in coastal towns was almost one third higher last year than the national average at 20.6 per 10,000 adults, compared with 15.7 across the country and 9.1 in London.

Click here to read more.

Increase in Personal Bankruptcy


Written by Stefanie Marty

Personal bankruptcy filings in the United States have risen dramatically in 2009. Here are some numbers: In September alone 130,000 families filed for bankruptcy and so far this year more than one million people have done so. This is a huge increase from 2008 when the total number of bankruptcy filings was 1.1 million. And compared to the first nine month in 2008, there has been a 40% increase in the same timeframe of 2009.

A report of Equifax showed that together with this rise of bankruptcy filings, mortgage delinquencies raised as well, while credit card debt and lines of credit are being reduced. Dann Adams, president of Equifax’s U.S. Consumer Information, explains this result with the current economy in transition. He said that many consumers are still struggling with the high unemployment and the restricted credits, but have improved their cash management.

Other reasons for the high increase in personal bankruptcy filings are the high debt-level people carry, the medical problems people face and the way the real estate market has developed. The debt US citizens hold relative to their income is too big for that they would be able to pay the debt back in case of a job loss. Today, the debt to income ratio of Americans is bigger than 130%. Further many people face high medical costs which make them take on high levels of debt. A statistic says that between 30% and 50% of bankruptcy cases involve medical debt. Lastly, the assets people held – especially the real estate- have lost their value over the last year, what makes people owe even more.


Source 1

Source 2
Source 3

SemGroup gets the approval.



By Rico Setyo

SemGroup is a energy marketing company that collapsed last year due to the Chief Executive Thomas Kivisto poor decisions of selling unauthorized crude oil options. Upon the collapse, the company filed a Chapter 11 Restructuring to help strengthen the company and prevent it from disappearing from the market. However, according to the court’s records they had estimated obligations of about $9.47 billion to their creditors. In order to reorganize the liabilities and equity side of the balance sheet, they needed to formulate a plan that has to be approved by the courts.

During the Chapter 11 restructuring process, the business continues to operate while the courts oversee its operations. The restructuring ensures that all of the companies secured and administrative creditors are paid back first before any of its shareholders. However, in the actual process there issues that arise with their creditors which jeopardized their chances of court approvals. “The settlements [of the dispute] with the three oil-trading companies are critical, [as stated by] Margot Schonholtz, an attorney for the lenders’ agent, Bank of America Corp.” She also mentioned that without the release of the $122 million, the reorganization plan fails.

Fortunately, SemGroup received court approval on October 26 in a 10 hour hearing for a settlement regarding $122 million that is critical to ending its contentious 15-month bankruptcy. Chapter 11 bankruptcy has been a quite popular option during these rough economic times. Despite the slow recovery many companies are being forced to file for chapter 11 in hopes of saving their organization.

Sources

http://www.uscourts.gov/bankruptcycourts/bankruptcybasics/chapter11.html

http://www.bloomberg.com/apps/news?pid=20601103&sid=arn5X5M6Y2wE
http://www.reuters.com/article/bankruptcyNews/idUSN2516732420091026

CIT Nears Bankruptcy Filing



Post By Rico K Setyo

By Mike Spector and Kate Haywood

CIT Group Inc. plans to file for bankruptcy as soon as Sunday afternoon, said people familiar with the matter, in a high-stakes restructuring intended to keep the doors open at one of the U.S.'s largest small-business lenders.

CIT's board was meeting about the likely filing early Sunday afternoon, these people said, and the company expected to seek Chapter 11 protection in New York in a matter of hours. The lender expected to have considerable support from creditors for its "prepackaged" reorganization, which could allow CIT to have its plan approved quickly and emerge from bankruptcy by the end of the year, other people familiar with the matter said.

The filing comes after a previous debt-exchange offer made to CIT's bondholders failed. But CIT garnered broad support for a prepackaged bankruptcy, people familiar with the matter said.

The $2.3 billion in taxpayer money spent to save CIT is likely to be wiped out, as the lender prepares for the filing.

In a move smoothing its restructuring, the company said Friday that it had persuaded billionaire investor Carl Icahn to support its prepackaged bankruptcy plan. Mr. Icahn, who wanted to push CIT into liquidation, failed to persuade other bondholders to derail CIT's restructuring plan.

With $71 billion in assets, CIT would have the fifth-largest bankruptcy filing in U.S. history, trailing only those of Lehman Brothers Holdings Inc., Washington Mutual Inc., Worldcom Inc. and General Motors Corp. CIT's Utah bank, which has about $10 billion in assets, wouldn't be part of the bankruptcy filing.

Read More

Saturday, October 31, 2009

Delphi's bankruptcy a issue with retirees pensions




Written by Michael Rivezzo

Retirees from Delphi testified in front of a Senate committee this week about abrupt cuts that were made to their pensions following Delphi filing for Chapter 11 bankruptcy in October 2005. Majority of the 20,000 retirees from Delphi stand to lose 30 to 70 percent of their pension. Senators were outraged because GM retirees managed to work out agreements to retain 100% of their pensions during GM's government-led bankruptcy; and GM is the parent company of Delphi.

"It's a wonderful thing that we live in a country where we can petition our government for redress of grievances" said Bruce Gump, a engineer who worked with Delphi for 33 years. The reduction in pensions will most likely put many workers just below federal poverty levels. Gump is pleading with the committee to show fair treatment to all auto workers, with obvious preferential treatment shown to GM workers.

They plan on meeting with the House of Representatives committee in the next few weeks. Hopefully, this situation can be resolved with retirees having a better idea of what they expect to receive in the future.

Link 1

Link 2

Link 3

Bereaved mother fights for changed bankruptcy laws





BY LARRY MARGASAK

Posted by Michael Rivezzo

A Rhode Island woman urged senators Tuesday to ease bankruptcy rules for people devastated by medical debt, as she described the pain of losing a child and going broke from his health care bills.

The experience of Kerry Burns, of Coventry, R.I., raised a crucial question of bankruptcy law: should people going broke due to high medical bills get a break over those bankrupted by divorce or high credit card bills?

Sen. Sheldon Whitehouse, D-R.I., chaired the Senate Judiciary subcommittee hearing on his bill to create an exception for people whose medical bills are their main cause of financial distress.

Sen. Jeff Sessions, R-Ala., disagreed with a major provision of the bill: Elimination of an income-related test for medical debtors only. The test currently is required to determine if someone is qualified for a Chapter 7 bankruptcy, which allows the debtor to get a fresh start by wiping out all debts.

Click here to read full story

Monday, October 26, 2009

Debt Settlement Company Forced to Pay for Defrauding NYS Customers


Posted By: Lisa Matthys

Written By: David Mittleman

During a time when most people are desperate to pay off those high-interest rate credit card balances, it can be tempting to call up a debt settlement company. They often promise a quick fix: by paying them a fee, they agree to negotiate much lower settlement amounts with your creditors. Indeed, for many people debt settlement seems like the answer to fix all of their financial woes and a way to avoid bankruptcy. However, a recent lawsuit against a debt settlement company in New York state might make you think twice before “signing on the dotted line”, so to speak.

In a ruling on Thursday, the Arizona-based Nationwide Asset Services was ordered to pay $200,000 for defrauding 1,981 customers in New York State. Furthermore, the company was also barred from conducting further business in New York, unless they provide a $500,000 performance bond to protect their customers.

Click here to read more!

Replacing Bankruptcy Not Best for "Too-Big-To-Fail" Banks


Posted By: Lisa Matthys

Written By: Stephen Labaton

WASHINGTON — Congress and the Obama administration are about to take up one of the most fundamental issues stemming from the near collapse of the financial system last year — how to deal with institutions that are so big that the government has no choice but to rescue them when they get in trouble.

A senior administration official said on Sunday that after extensive consultations with Treasury Department officials, Representative Barney Frank, the chairman of the House Financial Services Committee, would introduce legislation as early as this week. The measure would make it easier for the government to seize control of troubled financial institutions, throw out management, wipe out the shareholders and change the terms of existing loans held by the institution.

Click here to read more!

Personal Bankruptcy Filings Soar


Written By: Lisa Matthys

Consumer bankruptcies exceeded one million for the first nine months of this year for an all time high since the system was overhauled in 2005. Using data from the National Bankruptcy Research Center, the American Bankruptcy Institute determined that as of Sept 30. personal bankruptcies totaled 1,046,449, whereas in 2008 there were 773,810 within the same time period. September's filings increased 41% from last year.

The 2005 reform was intended to make it more difficult for Americans to simply relieve their debts by filing for bankruptcy. Many attribute bankruptcies to health care and job loss. Some believe personal bankruptcies are caused by over-consumption in which households underestimate their personal disposable income and end up spending more than what they budget for. The new law imposed by Congress forces more people to file under Chapter 13, in which consumers are put on a repayment plan of up to five years. Any debts not addressed by the repayment plan do not have to be paid. Still, even with the new law, about 71% of consumers who filed for bankruptcy within the first nine months of this year filed for Chapter 7. With a tough economy, the American Bankruptcy Institute expects that personal bankruptcies will exceed 1.4 million by the end of the year.

Source 1
Source 2
Source 3

Sunday, October 25, 2009

Commercial Real Estate Industry are Seeing Bankruptcy as the Only Option




By Rico Setyo

The commercial real estate industry has already been forecasted to collapse. The Federal Deposit Insurance Corporation closed Corus Bank which can be seen as the beginning of “the next shock to the banking system” which would be commercial real estate. The lack of new debt will hurt many people especially inside the industry. There are three signs to look for to see how badly and when will the collapse of the industry happen: Special Servicers, Big Projects, and Regional Banks.

Capmark Financial Group is one of the largest commercial real estate lenders and they have recently filed for bankruptcy protection due to bad debts. The company has been looking at Chapter 11 Bankruptcy since September and they have finally filed. Chapter 11 bankruptcy is the restructuring of the organization and the debt it owes. Mohsin Meghji, the company's chief restructuring officer said that "the Chapter 11 process will give Capmark the opportunity to restructure our balance sheet while continuing to focus on maximizing value for our principal stakeholders".

Many other players in the commercial real estate industry were forced to make the same the decision as Capmark. The mall giant company, General Growth Properties and hotel chain, Extended Stay Inc. filed for bankruptcy in the past year, and even more commercial real estate ventures could fail because of the inability to refinance debts and reduced customer traffic as consumers continue to pull back.

1 2 3

Annie Leibovitz is heading towards bankruptcy.



By Johanna Neuman
Posted By Rico K Setyo

The photo was released by the White House today, the official portrait of the current occupants of 1600 Pennsylvania Ave. -- President Obama, 8-year-old Sasha, First Lady Michelle Obama and 11-year-old Malia. The photo was taken Sept. 1, and the subjects were all smiles.

The back story is anything but. Leibovitz is best known for her celebrity photos -- like the famous one she did of John Lennon and Yoko Ono the day the former Beatle was gunned down, or the one she did of a pregnant Demi Moore, posing nude.

But lately the photographer to the stars has been embroiled in a financial mess that could lead to bankruptcy and the loss of her photographic catalog. As Gawker.com put it, the Obama photo was taken one week before Leibovitz's deadline to repay a $24-million loan to "high-end artsharks Art Capital Group."

Read more

Bankruptcy Options - 7, 11, and 13



By Joseph Devine
Posted By Rico K Setyo

Bankruptcy: the word alone may send chills up your spine. But so should the words "debt", "foreclosure", and "repossession". While bankruptcy may seem undesirable, intimidating, or downright embarrassing, in some instances bankruptcy can be a useful tool and may save you from a life mired in debt. Bankruptcy under chapters 7, 11, and 13 are available to both individuals and businesses, each with its own advantages and disadvantages.

Chapter 7

Chapter 7 is a liquidation bankruptcy. This means that, as an individual or business, when you file for Chapter 7 you agree to have some of your property liquidated to pay off your debts. Businesses that file for Chapter 7 will be dissolved and the assets liquidated to creditors. For individuals, some assets may be exempt, such as your home, tools of your trade, and retirement accounts.

The laws for exempt assets vary from state to state. All nonexempt items, however, are at risk of being liquidated under Chapter 7. While you may lose a significant amount of property, your debts will be immediately resolved and you can quickly begin to restructure your finances without the burden of debt.

Read More

Perkins Twp. woman fights unethical debt collection



Posted by Stefanie Marty

By MELISSA TOPEY | Wednesday, October 21, 2009 1:00 AM EDT

PERKINS TWP.

A local woman who dared to question has given a black eye to one of the nation's largest debt collection agencies.

Andrea Schwarzentraub, 32, was distraught when she opened up a certified letter to find she was being sued by Midland Funding and Midland Credit Management for an alleged credit card debt of $4,516 from 2000.

Not recognizing any of the people she supposedly owed, she questioned the lawsuit. She attempted to get answers from the collection agency with the help of Sandusky law firm Murray & Murray.

"Most people wouldn't have questioned it," Schwarzentraub said.

U.S. District Court Judge David Katz ruled that Midland Funding used an illegal affidavit to sue Schwarzentraub and others when the company attempted to collect debts. The affidavit, signed by a Midland employee, stated the employee had personal knowledge of the debt.

A year and a half later, the debt still hasn't been proven. Katz did not rule on whether the debt belongs to Schwarzentraub, a matter that could go to trial.

Click here to read more

Debt Collection







Posted By Adam Lindheim
By Arthur Epstein

During these gloomy times for the U.S. economy, many businesses are suffering. But some are uniquely positioned to do well when times are tough for most others, namely debt collection agencies and related companies.

The U.S. now has more than 6,000 debt collection companies, according to Kaulkin Ginsberg, a Maryland-based market research firm. Most of them are small, privately held entities. However a few debt collection agencies are publicly traded, including Portfolio Recovery Associates (PRAA) and IDT (IDT).

Although the debt collection business may get a bad rap when depicted in the movies or on television shows, it is actually a heavily regulated industry. While debt collectors may be tempted to use any tactics that will pry owed money from debtors' hands, they must comply with the federal Fair Debt Collection Practices Act, which prohibits deceptive, unfair, and abusive practices by third-party collectors; requires debtors to be treated fairly; and forbids certain methods of debt collection, including threats, abusive language, or harassment, such as repeatedly calling.

According to the Federal Reserve, the consumer credit industry increased from $133.7 billion of consumer debt obligations in 1970 to $2.5 trillion of consumer debt obligations in November, 2007, a compound annual growth rate of 8.2%. The Kaulkin Ginsberg report states the amount of outstanding revolving and non-revolving consumer credit increased at a compound annual growth rate of 6.4% from $1.3 trillion in June, 1997, to $2.5 trillion in June, 2007.


To read more click here

Bankruptcies: The Next Wave








Posted by Adam Lindhem
By Ben Steverman

Recent earnings reports show companies are slashing costs, paying off debt, and stockpiling cash. Meanwhile, economists see signs the economy is slowly improving.

Unfortunately, none of that could prevent a wave of bankruptcies by firms walloped by the recession and credit crisis.

That's the prediction of experts on bankruptcy, who say too many firms are loaded up with too much debt to survive the next year without defaulting on their debt obligations and filing for bankruptcy protection.

Standard & Poor's, for example, predicts the default rate for speculative-grade (i.e., junk-rated) companies to hit an all-time high of 14.3%—but not until the first quarter of 2010. The default rate was 9.25% last month, and just 0.79% back in November 2007. (S&P, like BusinessWeek, is a unit of The McGraw-Hill Companies (MHP).)


To continue reading click here

Corporate Bankruptcy







By Adam Lindheim

With the crashing of the American economy more and more corporate companies are filing for bankruptcy. In the first 5 months of this year 100 public companies filed for bankruptcy, the highest number since 2002. A company or individual files for bankruptcy when they pay their bills to their creditors in a timely fashion. Their debts outweigh their assets, and in these cases they turn to bankruptcy courts for protection. The courts will either liquidate their company or reorganize their business.

Bankruptcy is a legal procedure that is used by the U.S. bankruptcy code when a debtor is not able to make payments to its creditors. Bankruptcy is used as a safety net as it gives companies protection from their creditors which can no longer demand to be paid once bankruptcy is declared. The majority of corporate bankruptcies filed are either under chapter or chapter 11 of the bankruptcy code.

A chapter 7 filing typically leads to a liquidation of its business. This implies that the company has no intention of continuing to operate and is planning to sell off all of its assets. Proceeds from the sale are distributed to creditors in the order of their priority. A chapter 11 filing usually involves company reorganizing its business through the bankruptcy process with the hope that it will survive. When a company files chapter 11 it shields them from a creditors demands for payments and from lawsuits while it restructures it finances. Contract terms between the debtor and creditor can also be rewritten under the bankruptcy codes, something that is not as easily done without a bankruptcy filing. During a chapter 11 proceedings, the debtors reorganization plan must be accepted by a majority of its creditors.

General Motors the nations largest automaker had 172.81 million dollars in debt and 82.29 billion dollars in assets, according to their recent bankruptcy filling. They are currently trying to restructure their company so they can eventually prosper once again. They hired the consulting firm AP Services LLC who charged GM 23 million dollars for 90 days of consulting work. Bankruptcy laws have allowed GM to protect itself from its creditors and try to bring back their company.

As the number of corporate companies in the U.S. that are filing for bankruptcy continues to rise and reach record numbers, investors need to be aware of where and how they invest their money. Companies need to be more ethical with their operations, and conscious of how their operations are going in order to avoid bankruptcy.

Source 1
Source 2
Source 3