Thank You for Flying “Disgruntled Airlines”

American Airlines Chapter 11

Recently there have been stories of pilots and flight attendants suffering some sort of breakdowns in the middle of flights. That’s scary enough, but would you want to fly on an airline where all the employees are unhappy with their employer?

American Airlines filed for bankruptcy reorganizing protection back in November 2011.  Some of the reasons for filing for bankruptcy given were massive debt, high fuel costs and struggles with their labor unions.

Now American Airlines has asked a federal bankruptcy Judge in New York for permission to break their union contracts and impose cost-cutting measures on workers.

American Airlines asked the U.S. bankruptcy court to allow it to break contracts with their pilots, flight attendants, mechanics and bag handlers.  It is assumed that American is trying to pressure their unions to accept concessions.

As expected, union leaders opposed and criticized American Airline’s request. Union leaders state that breaking contracts would cause lasting damage with their employees.

(Disclaimer: I am not implying that American Airlines would stop giving excellent customer service or put their passengers in any danger)

Last month the pilots’ union sued American claiming federal law prohibits American from breaking union contracts due to bankruptcy.

Bankruptcy law allows companies to break union contracts if they can demonstrate the contracts would impact the reorganization negatively and if negotiations with unions have failed.

American also plans to reduce its flight schedule and cut 13,000 jobs.

Is American Airlines doing the right thing? How do you think this will affect future service?

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Personal Bankruptcy Protection Filings are Down

The number of personal bankruptcy protection filings nationwide for September of 2011 was down 17% from September of 2010. Total number of consumer bankruptcy case filings in September 2011 was 108,517. Last year, the number of consumer bankruptcy case filings was 130,329. Personal bankruptcy protection filings are down 10% from last year for the first nine months of 2011. Total consumer bankruptcy filings for 2011 are expected to remain less than 2010.

Some of the reasons put forth by the American Bankruptcy Institute include consumers cutting back on spending, a decline in household debt, and a reduction in borrowing.

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Cancer and Bankruptcy Correlation: What You Should Know

The good news is you have beat cancer; the bad news is you may have to file bankruptcy. A recent research study funded by the National Cancer Institute and conducted by the Fred Hutchinson Cancer Research Center concluded that the risk of bankruptcy increased with the length of cancer recovery.  This was the first long range study done with comparing cancer diagnoses to bankruptcy rates utilizing government records.

The study analyzed federal bankruptcy court records in relation to cancer registry data over a 14 year period. Compared to the general population, bankruptcy rates were twice as high in cancer patients one year after diagnosis.  On average bankruptcy rates increased fourfold within five years of a cancer diagnosis.  The study also looked at what type of cancers triggered the most bankruptcy filings.  The risk for bankruptcy was found to be higher for lung, thyroid and leukemia/lymphoma cancer patients and survivors.

The cost of cancer treatment in the United States can be staggering, especially with changes in health care costs and coverage.  The study found that older patients, ages 65 and over, filed for bankruptcy less than their younger patient counter parts. Older patients receiving Medicare coverage had a much lower risk of bankruptcy.

Regrettably, some cancer patients and survivors may determine that meeting with a bankruptcy attorney and filing for Chapter 7 bankruptcy protection is the only road left.  Be rest assured, you won’t  be going down that road alone.

 

 

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There’s No “I” In Team, But There Is In Divorce

McCourt Dodger divorce

Dodger Divorce: Split at the Seams

“If it weren’t for baseball, many kids wouldn’t know what a millionaire looked like.”
Phyllis Diller

In 2004 Frank McCourt purchased the Los Angeles Dodgers for $430 million from Rupert Murdoch’s NewsCorp.  The purchase was financed mainly through debt. To help pay off the debt, McCourt has raised ticket and concession prices every year. According to Forbes magazine, the estimated value of the team was $727 million in 2010.

Frank McCourt met his wife, Jamie, at Georgetown University. They were married for 30 years until Jamie filed for divorce in 2009. The McCourt’s divorce is not what you would call “amicable”.

Jamie and Frank McCourt originally had a post-nuptial property agreement, but it was invalidated when Frank claimed the agreement gave him sole ownership of the Dodgers.

California is one of 9 community property states.  Community property laws state that most property acquired during the marriage is owned jointly by both spouses and divided during a divorce. In California, the 50/50 rule is strictly followed.

Frank McCourt was quoted as saying the divorce would not affect the Dodgers at all.  That turned out to be untrue. The ownership of the Dodgers is the main sticking point in their divorce.

On June 27, 2011, the Dodgers filed for Chapter 11 bankruptcy protection. Major League Baseball appointed a representative to oversee all aspects of the business.  Major League Baseball filed their own response to the bankruptcy proceedings in an attempt to oust McCourt as owner of the Dodgers and to keep the Dodgers franchise operating.

The McCourt’s and Major League Baseball don’t seem to be on the same page, or even in the same book. The resolution of their dissolution will probably drag on for a long time. Hopefully, the Dodgers organization can continue to “play ball”.

 

 

 

 

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Chrysler Reports First Quarterly Profit Since 2009 Bankruptcy

After declaring bankruptcy in 2009, there were serious doubts as to whether or not the Chrysler Group would ever be successful or profitable in the ways they had been in the past.  In the same year the iconic car company went under, Chrysler was sold to Italian car maker Fiat, and that move has paid off.

It only took two years, but Chrysler finally recorded a profit for the first quarter.

Yesterday, Chrysler reported a profit of $116 million in its first quarter.  The profit marks the first time the company hasn’t recorded losses since the bankruptcy two years ago.  The company is doing better because they’re selling more cars – a simple concept that has eluded Chrysler recently.  Worldwide vehicle sales went up 18 percent over the first quarter of last year, and the market shares in both the United States (9.2 percent) and Canada (14.7 percent) have risen.

Sergio Marchionne, chief executive of Chrysler, said that the improved sales in the first quarter serve as proof that the new and improved product lineup is picking up steam in the marketplace and customers are taking notice.

The U.S. government has played an important role in Chrysler’s survival as they handed out $12 billion directly into rescuing the car company.  Last week, Chrysler said they would pay $5.8 billion to the U.S. Treasury and another $1.7 billion to the Canadian government.  As of right now, the U.S. government owns about 8.6 percent of the company, and Fiat owns another 30 percent – a number that can increase to 35 if Fiat produces a 40-mile-per-gallon car in the United States.

Chrysler is also getting ready to offer stock to the public which would allow the company to sever ties with the federal government altogether.

When Chrysler declared bankruptcy, there were many – including me – that thought the company wouldn’t return to the high profits before the recession.  With the economy is still in a finicky state, who knows if this trend of profits will continue, but at least Chrysler took a giant step forward after going so many steps back.

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Bankruptcy protection may be a reality for Dynegy Inc.

Dynegy Inc., a power company in the U.S., told reporters late on Tuesday that there’s a possibility the company will be forced to seek bankruptcy protection from creditors.

Dynegy Inc. warned its shareholders that the company may have to file for bankruptcy protection.

The company filed with the U.S. Securities and Exchange Commission (SEC) under reasons of not being able to comply with certain loan covenants as well as having difficulties amending or replacing its existing loan facility.

“In light of our likely covenant non-compliance, we are attempting to amend or replace our existing credit facility,” Dynegy explained in the filing.

Dynegy’s filings with the SEC follow the company shareholders rejection of a $665 million buyout deal proposed by billionaire investor Carl Icahn.  The company said that about $4.8 billion of consolidated debt exists – which includes debt outstanding under its credit facility – as of December 31, 2010.

Dynegy also said that a 2011 outlook will not be provided because recent management changes could affect plans for the future.

The Houston, Texas-based Dynegy produces and sells electricity and owns a fleet of about seventeen operating power plants in six states which generate a capacity of about 11,800 MW (megawatts).

Dynegy was originally founded in 1984 as the Natural Gas Clearinghouse, and adopted a new branding in 1998 after the company restructured itself similar to Enron launching several different businesses.  In 2000, Dynegy merged with Illinova Corporation – a deal that Chevron Corporation took a 28% part of.  The company took massive hits in 2008 as they lost $152 million in the first quarter and another $272 million in the second.

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Testimony starts in Tribune Company bankruptcy plan hearing

WILMINGTON, Del. – A proposed settlement shoring up the Tribune Company’s Chapter 11 reorganization plan has been deemed a reasonable solution to allow the media company to recover from bankruptcy.

The Chicago Tribune, one of several news outlets under the Tribune Company, is waiting the results of a bankruptcy hearing.

Lazard managing director David Kurtz was the first witness called today to give his testimony in the expected two-week long trial to decide the fate of the Tribune Company.  Lazard is a prominent investment bank in the United States with about 2,300 employees in 41 cities worldwide.

A U.S. Bankruptcy judge has to decide whether to approve Tribune’s proposed reorganization plan, a competing plan submitted by other bondholders or neither.

Tribune owns the Chicago Tribune, Los Angeles Times and several other newspapers as well as TV and radio stations.  The company filed for bankruptcy protection in 2008 after an $8.2 billion buyout by developer Sam Zell that left it with over $12 million in total debt.

The Tribune Company is looking to get out of the financial bind they’ve been in for almost three years now, and this hearing is the first step to shaping the future of the news and entertainment company that is over 150 years old.

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Federal judge expected to approve liquidation of old GM

Detroit, MI – A federal bankruptcy judge is likely to approve the liquidation of what’s left of the 102-year-old General Motors Corporation (GM).

What's left of the original GM that went bankrupt in 2009 is likely to be liquidated by a federal bankruptcy judge.

The old GM consists mostly of bad assets that were left over from bankruptcy back in 2009.  Those bad assets include tens of billions of dollars in unpaid bills and loans along with liability claims from asbestos and other environmental claims.

Creditors and bondholders of the old GM would receive a 10 percent stake in the new GM that emerged 40 days after bankruptcy in exchange for the liquidation approval.

On June 8, 2009, GM was reorganized by bankruptcy protection under United States Code Chapter 11, Title 11.  With financial help partially provided by the US Government, General Motors came out from reorganization and was re-listed on major stock exchanges on November 18, 2010 with the world’s largest IPO.

GM reported just over 2.2 million units sold in 2010 – the positive swing for the company after massive drops of 23 percent and 30 percent in the previous two years.  The $6.7 billion in loans from the government were repaid ahead of schedule, which was somewhat unexpected.

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California-based No Fear clothing line files for Chapter 11

Carlsbad, Ca. – No Fear, a California clothing label was widely popular among teenagers in the 1990s is filing for Chapter 11 bankruptcy protection.

Carlsbad, California-based No Fear filed for Chapter 11 bankruptcy.

The Carlsbad retail company makes clothes and gear for action sports such as motocross and surfing.  Their logo and products are very prominent at those and other extreme action sports including World Extreme Cagefighting (WEC) events that featured popular fighters including Urijah Faber.

CEO Mark Simo sites the move for Chapter 11 as a way to reorganize finances and operations as a result of the weak economy and the difficult operating environment in the retail industry.

No Fear operates 41 stores in several states including California, Nevada and Arizona.  The privately held company also operates a wholesale business as well as a No Fear energy drink – the official energy drink of the WEC – which they partnered with Pepsi.  No Fear is also prevalent in the NASCAR Sprint Cup Series as they are a sponsor of driver Boris Said.

On some occasions, No Fear has been a sponsor of notable Filipino boxer Manny Pacquiao.

According to Simo and other executives in the company, No Fear stores will remain open for business as the company reorganizes and reshapes their brand for possible future success.

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What are My Obligations Under Chapter 13?

Your Responsibilities Under a Chapter 13 Bankruptcy Plan

To start a Chapter 13 bankruptcy, you need to fill out different forms, which are mostly the same when filing for Chapter 7 bankruptcy. Typically, you will list down your income, expenditures, properties and debts. You then have to file the forms and required documents with a bankruptcy court. You also need to file a payment plan where you state how you want to take charge of your debts all through the course of the payment plan period.

Also, you need to file your income tax return for the previous year, provide proof that you have filed your tax returns for the last 4 years and a certificate indicating that you have completed credit counseling with a U.S. Trustee approved agency. Under Chapter 13 bankruptcy, you usually make payments monthly to the appointed bankruptcy trustee who in turn will pay your creditors and accumulate a statutory commission according to the amounts paid under your plan.

You need to pay on time to successfully complete your Chapter 13 plan and obtain a discharge of your outstanding debts. A few creditors are entitled to be given 100 percent of what debtors owed them, while others may get a little percentage or even nothing at all. Usually, Chapter 13 plans should provide that administrative claims will be fully paid – these include your $274 filing fee, trustee’s commission and attorney’s fees, if you have enlisted the service of a bankruptcy lawyer for your case. Chapter 13 bankruptcy plans should also provide that priority debts, mortgage defaults and other secured debt defaults be paid 100 percent. Unsecured debts are usually paid anywhere from zero percent to 100 percent of what debtors owed.

Your Chapter 13 bankruptcy plan should commit to paying any remaining disposable income towards your unsecured debts like medical bills and credit card debts. Your payment plan’s length is dependent on your income level. Please be noted that there is no need for you to hand over your properties or any of it when you file for Chapter 13 bankruptcy. Instead, you settle up your debts out of your earnings.

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