Archive for the ‘Uncategorized’ Category

California Bankruptcy Numbers Place State 8th Highest, Per Capita

Tuesday, May 18th, 2010

Although California has the highest total number of bankruptcies in the country, the per capita bankruptcy filing numbers place it 8th highest among all states.

From the Orange County Register, online:

“California had more than bankruptcy filings per 1,000 residents for the 12 months ended March 31, according to the U.S. Bankruptcy Court.

That ranks the state 8th in per-capita bankruptcies in the United States. California ranks first, by a wide margin, in total number of bankruptcies.  (It ranks 6th in Chapter 7 business and nonbusiness liquidations per capita with 4.75 per 1,000 population). Most of the filings are individual liquidations.

The other high per-capita states are:

  1. Nevada, 11.7 bankruptcy filings per 1,000 residents
    1. Tennessee, 8.55
    2. Georgia, 7.80
    3. Indiana, 7.62
    4. Alabama, 7.42
    5. Michigan, 7.11
    6. Ohio, 6.26
    7. California, 6.15
    8. Illinois, 6.04
    9. Kentucky, 6.03

Nationwide, bankruptcy filings — both business and nonbusiness — hit five-year highs.”

Bankruptcy Filed By Closet World More Than Meets Eye

Friday, April 16th, 2010

It seems that bankruptcy is not always a sign of financial weakness, if the bankruptcy filed by southern California-based Closet World is any indication.

From the OC Register online:

“Why would a profitable company seek protection from the bankruptcy court?

The filing resulted from a problem that a number of companies have had in recent years because of the recession-linked credit crunch, said Home Organizers bankruptcy attorney Chris Reeder of Reeder Lu & Green LLP in Los Angeles.

Reeder wants to make clear that none of the company’s Closet by Design franchisees is a party to the bankruptcy filing.

Home Organizers had a $21.5 million loan from Madison Capital Funding LLC that matured in 2008 with $8.1 million still owed, according to court documents.

Home Organizers was current on its payments of the loan, Reeder said. Typically, a company refinances such a loan and goes on business as usual. However, in the 2008 credit crunch, even profitable companies with good credit couldn’t get loans anywhere and their current lenders were calling in loans and lines of credit.

‘The loan did mature, and (Home Organizers) kept making payments as if it didn’t mature,’  Reeder said.  ‘We couldn’t get another lender, and this lender wouldn’t refi the loan at that time.’

‘I’ve had a lot of these types of cases recently,’ he added. ‘I’m a lender liability expert, but before two years ago I had never sued a bank’ because the cases could be resolved outside court. But lenders have become much more aggressive.

‘This case was on the way to being a very nasty fight, but we worked out a settlement,’ Reeder said.

Randy Klein, a Chicago attorney for Madison Capital, agreed that a compromise had been reached that settles the dispute between Madison Capital and Home Organizers.

Reeder said he expects this bankruptcy reorganization to be completed within 120 days. The goal is for the loan to be restructured but not discounted, he said.

‘If you don’t own a part of the company, this doesn’t affect you. The franchisees are not in bankruptcy. They are independently owned businesses,’ he said.

“What’s atypical about this bankruptcy is that the company had no problems, plenty of cash flow and plenty of business,” he said.

The company’s official statement said, ‘We are continuing to pay our vendors on time as we always have. In fact the court has approved a budget allowing us to do so. All closet, garage and other organization system installs for our clients are going forward as scheduled.’

Bankruptcy Filings in Orange County Rise in March

Friday, April 16th, 2010

According to the Orange County Register online, bankruptcy filings in March 2010 are up from February, as well as from March of 2009:

“Bankruptcy filings increased for the month and quarter throughout the U.S. Bankruptcy Court’s Central District, covering seven Southern California counties from San Luis Obispo to the Arizona border.

Attorneys who specialize in bankruptcies continue to be busy, said Marc Winthrop of Winthrop Couchot in Newport Beach, which specializes in business bankruptcy reorganizations.

‘I think we will see an increase in filings,’ he said. ‘Bankruptcy (filings) are a trailing indicator, so they will increase even as the economy improves.’

The economic downturn was so severe that many companies were wiped out before they could even get to a workout specialist, Winthrop added. ‘Normally, we can help them through the downturn, and they are able to survive. But this is a singular event in my career, and I’ve been doing this for 30 years.’”

General Growth May Be Rescued From Bankruptcy

Thursday, February 25th, 2010

General Growth Properties may have found a possible resolution to exit a Chapter 11 Bankruptcy. Brookfield Asset Management Inc., a Canadian company, has agreed to invest around $2 billion in return for part ownership of the mall company. General Growth owns the Galleria at Tyler in Riverside, Moreno Valley Mall, and Redlands Mall to name just a few. The deal has yet to be sealed by the Bankruptcy Court judge.

Simon Property Group is eyeing the opportunity for a takeover bid of General Growth, also being considered by the Bankruptcy Court. Simon Property Malls in the area include Brea Mall, Laguna Hills Mall, The Shops at Mission Viejo , Ontario Mall, and The Block of Orange. Let’s wait to see what other offers come to General Growth as the bankruptcy process continues. Excerpt from the Los Angeles Times article:

“Brookfield Asset Management Inc., which is part of a company that owns a handful of premier office buildings in Los Angeles County, would invest $2.5 billion in cash in General Growth stock in return for 30% ownership.The deal must be approved by a Bankruptcy Court judge, but if the agreement stands it could rescue Chicago-based General Growth from a hostile takeover attempt by archrival Simon Property Group, the country’s largest mall operator.

It’s too soon to determine what changes might be seen at the chain’s malls if the deal is approved, General Growth spokesman David Keating said.”

Read the full article posted in the LA Times.

New Credit Card Legislation… And It’s Loopholes?

Saturday, February 20th, 2010

The second phase of the Credit Card Accountability, Responsibility and Disclosure (CARD) Act of 2009  will take effect Monday February 22nd, 2010. The critical parts of the new legislation include caps on interest rates, approval of over the limit fees by the consumer, annual fee limit caps and so on. While all this is good news for the consumer, a column piece by Michelle Singletary posted in The Washington Post delivers some of the loopholes. Once again, it’s about  reading the fine print. Here’s an excerpt:

“…Issuers cannot raise interest rates on existing balances. If you have a balance, your old interest rate will apply to that balance.

The loophole: Your credit card company can still raise the rate for new charges under certain conditions, such as if the card carries a variable indexed interest rate or an introductory rate promotion ends. For many of you, kiss those low fixed rates goodbye. Surveys conducted in the months before the law’s enactment found that many issuers boosted interest rates on purchases and cash advances. Even customers with excellent payment histories have seen their rates jump.”

Read the full column on loopholes of The Credit CARD Act of 2009.

Orange County Chapter 7 Bankruptcy Filings: Top Ten Cities for December 2009

Sunday, January 10th, 2010

The last month of 2009 brought with it familiar top ten cities with the most Chapter 7 bankruptcy filings in Orange County as reported in the Orange County Bankruptcy Blog.

Research done by an Orange County bankruptcy law firm concluded that last month (November) the top ten cities were: Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, Mission Viejo,  Newport Beach, Orange, and Santa Ana.  For December, the only change to the list was that Aliso Viejo is in and Newport Beach is out.  So for December 2009, here are the top ten Orange County cities with the most chapter 7 bankruptcy filings:

Aliso Viejo, Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, Mission Viejo, Orange, and Santa Ana.

Other Orange County cities in which chapter 7 bankruptcy attorneys have seen a high number of filings for December include: Buena Park, Laguna Niguel, and Rancho Santa Margarita.


Bankruptcies By White House Party Crashers’ Arouse Scrutiny

Thursday, December 24th, 2009

A post from the blog Credit Slips by Adam Levitin investigates the how salacious (or not) the news about the White House party crashers’ bankruptcies truly is:

“…the White House dinner crashers (Tariq and Michaela Salahi) have noted that they own a winery that filed for Chapter 11 (reorganization) bankruptcy and then converted to Chapter 7 (liquidation) bankruptcy. My prurient interest was engaged, so I tracked down the petitions and relevant filings (linked below).  What follows is my attempt to sort out the Salahi family’s business doings, as well as some musings about where we should really look for bankruptcy abuse–small business filings where the business is the alter ego of the owner, but where corporate law might not allow veil piercing.  In these cases the sophisticated creditors get personal guarantees, but the tax authorities, tort creditors, and unsophisticated creditors get screwed by the corporate form.”

Read the entire post on the White House crashers’ bankruptcies.

Orange County Chapter 7 Bankruptcy Filings, November 2009

Thursday, December 10th, 2009

As we get closer to the end of this year, it appears that the number of Chapter 7 bankruptcy filings for the month of November 2009 have increased from October, continuing the upward trend for bankruptcy filings in Orange County this year.

Research done by a leading bankruptcy law firm concluded that Anaheim, Costa Mesa, Fullerton, Garden Grove, Huntington Beach, Irvine, Mission Viejo,  Newport Beach, Orange, and Santa Ana are the Orange County cities with the most chapter 7 bankruptcies filed.

Chapter 7 bankruptcy attorneys have also seen a high number of bankruptcies filed in Westminster, Tustin, Lake Forest, Buena Park and Aliso Viejo.

Inland Empire Chapter 7 Bankruptcy Filings, November 2009

Wednesday, December 9th, 2009

If bankruptcy filings are indicative of how difficult the economic times are for the average worker, then the workers of the Inland Empire continues to suffer economic hardship.  The cities that have the highest number Chapter 7 bankruptcy filings for the month of November 2009 are familiar ones, which appear nearly every month atop the list.

Research done by Curtis Law Group, a southern California bankruptcy law firm, shows that Corona, Fontana,  Moreno Valley, Murrieta, Ontario, Rancho Cucamonga, Riverside,  San Bernardino, Temecula, and Victorvilleare the Riverside County and San Bernardino County cities with the most chapter 7 bankruptcies filed for the month of November, 2009.

Supreme Court to Hear Student Loan Bankruptcy Case

Thursday, December 3rd, 2009

An article posted by Nina Totenberg of NPR follows the story a students’ struggle to pay off his student loan. The Supreme Court has yet to decide the outcome of his case. Here is an excerpt of the article:

“… students enrolled in post-high school classes borrow money to advance their education. The federal government guarantees most student loans to the tune of $618 billion. To prevent people from just walking away from their obligation, federal law makes it hard to discharge a student loan debt (that is, not pay for it). The bankruptcy code allows discharge only in cases of undue hardship, but the code does permit restructuring of a debt to make it repayable.

Enter today’s test case and its protagonist, Francisco Espinosa. In 1988, he was a baggage handler for America West Airlines. He enrolled in a technical school to learn computer drafting and design, but after graduating, he couldn’t find a job.”

Read the entire article on the student loan bankruptcy case.