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Posts Tagged ‘chapter 11 bankruptcy’

Kodak Share Value During Bankruptcy?

January 15th, 2012 1 comment

What happens to the shares of a public company that declares Chapter 11 bankruptcy protection and comes back into business at a later date? For example, General Motors declared bankruptcy in June 2009 and after asset sales it came back into business in July 2010 and got listed on NYSE in November 2010. I believe the ticker symbol “GM” didn’t change from bankruptcy. So the old shares are valid or they are worthless? I know that the value of shares of a company declaring bankruptcy is ZERO unless there’s any money left after paying all the creditors through the bankruptcy court.

But in case of a company that comes back after re-org or restructuring through bankruptcy, what is the value of “old” shares? For example, say Kodak files for bankruptcy. Currently, its total equity is -1.7B. Say, it is able to sell some of its patents for 2B and pays off all the debt and decides to come back into business as it has printer business and other patents. What would then be the worth of the current shares of EK? I am not much familiar with law terminology so anything in simple terms is much appreciated. Useful links for further reading would be great as well…

i have a couple of problem with my homework. can anyone help, pleeeeeease <3?

July 17th, 2011 1 comment

The National Council of Small Businesses is interested in the proportion of small businesses that declared chapter 11 bankruptcy last year. Due to the fact there are so many small businesses in the country, the nation al Council intends to estimate the proportion from a random sample. Given that a preliminary pilot study found that 6 of 38 small businesses had declared Chapter 11 bankruptcy, how many businesses should be included in the national councils sample if the y want to be 95% confident that their estimate is with 4% of the true proportion?

Please helppppp

About Donald Trump and his money?

May 26th, 2011 3 comments

Let’s look at his record of leadership and business acumen.

Trump inherited his father’s business and millions

In 1991 Trump’s Taj Mahal Casino fell into bankruptcy… Trump bankrupted… a Casino! It takes a special kind of business acumen to bankrupt a Casino. It happened because of questionable business practices that Trump used to prop the Casino up, including junk bonds.

It was revealed around this time that Trump had 900 million dollars of personal debt. 900 million dollars of personal debt. His businesses had 3.5 billion dollars of debt. This is the man that you want elected to be president in a time when Republicans are calling for a balanced budget. Sure, he’s one of the few human beings who has ever accumulated anything close to our nations debt, but unlike Trump, the US can’t just declare bankruptcy and move on.

In 1992 Trump’s Plaza Hotel filed for Bankruptcy.

By 1998 Trump’s business was having difficulty keeping up with even the interest on his 3 billion dollars in debt, even with some elaborate restructuring.

During these years Trump’s influence in his companies were continually dropped lower and lower as shareholders lost faith in Trump’s ability to even get dressed in the morning. Trump’s ownership of his companies dropped from 56 percent to 27 percent in 2004.

Trump Hotel’s and Casino Resorts filed for Chapter 11 Bankruptcy again in 2004. As a result Trump was forced to relinquish his role as CEO.

In 2009 Trump Entertainment Resorts again filed Chapter 11 Bankruptcy (this is getting redundant, isn’t it?).

For those keeping score, Trump:

TWICE bankrupted his Casinos.

THREE TIMES filed for Chapter 11.

If you’re looking for someone who can drive the U.S. economy into the ground, then I think you’ve found your man. After all, if the man can’t make a profit on a Casino, what kind of magic is he going to pull when the U.S. is facing record debts and the possibility of a double dip recession?

Oh, and in case you think that he’s some conservative hero, don’t forget that when he tried to run in 2000 he came out in favor of Universal Health Care.

Affects of Chapter 11 Bankruptcy: Can I be liable?

April 13th, 2011 1 comment

Foundation: I telecommute for a company out of southern Utah. Originally I worked for them in-office but moved to Nevada in 2009 and established an office in my home. Also, I am on salary and work 40+ hours per week including weekends and holidays when necessary even though I am the only person in the company who doesn’t work a standard M-F, 8-5 shift.

Background: The company that I have worked for (W2) since April 2008 filed Chapter 11 bankruptcy in July 2010 due to some issues with an investor trying to conduct a hostile take-over. The venue was originally in Nevada but was moved to Utah courts in January 2011 because the Nevada judge ordered a change of venue based on where the corporate office is located. There is now a trustee who has taken over as of March 7, 2011.

The trustee is saying that he doesn’t have the authority to pay the employees of the company, including me, and that the company should have stopped paying all of us back in July 2010 when the chapter 11 restructure was filed. I’ve not been let go but can’t work for free & would prefer to be let go as apposed to quitting so that I can collect unemployment.

Additionally, this trustee is saying that we employees can be sued for everything we’ve been paid since July 2010.

Question: Can they do that? Can I actually be sued because my employer didn’t fire me 9 months ago? I’ve been working this entire time, business as usual, conducting all of my usual duties prior to the bankruptcy. My employer assured me that this bankruptcy was just a restructure and that it wouldn’t affect our jobs so I never questioned it or considered finding work elsewhere. Can I be liable for this? Also, shouldn’t my employer/this trustee have to fire/terminate myself and the other employees instead of just not paying us come pay day and waiting for us to quit?

hello? someone u can help me with this statistics problem?

April 12th, 2011 1 comment

For this problem, carry at least four digits after the decimal in your calculations. Answers may vary slightly due to rounding.

The National Council of Small Businesses is interested in the proportion of small businesses that declared Chapter 11 bankruptcy last year. Since there are so many small businesses, the National Council intends to estimate the proportion from a random sample. Let p be the proportion of small businesses that declared Chapter 11 bankruptcy last year.
(a) If no preliminary sample is taken to estimate p, how large a sample is necessary to be 98% sure that a point estimate will be within a distance of 0.09 from p? (Round your answer up to the nearest whole number.)
1 small businesses
***Answer is: 164
(b) In a preliminary random sample of 30 small businesses, it was found that eight had declared Chapter 11 bankruptcy. How many more small businesses should be included in the sample to be 98% sure that a point estimate will be within a distance of 0.090 from p? (Round your answer up to the nearest whole number.)
part A is 168, not 164)

Why does one company buy another bleeding company?

August 6th, 2010 3 comments

Today, Bank of America announced it’s plan to buy Countrywide Financial, who is allegedly right on the brink of Chapter 11 Bankruptcy. Why does one company buy another company that is bleeding green? Why do you want a company that a bank won’t touch with a ten foot pole? My employer (a small business) is in a very tight squeeze, yet I don’t see any other companies rushing to come buy us up. What gives? The last thing we seem to be able to do is find more investors.

The articles say that Countrywide is rescued, but I don’t understand how. If I ever buy a company, it won’t be to blow a wad of cash and then turn around to pay off all of their old debts.

Can somebody tell me why a company teetering on disaster is a good buy, and also how this acquisition helps?

Mervyn's going bankrupt?

May 30th, 2010 2 comments

Mervyn’s has filed for chapter 11… bankruptcy protection or whatever it is.

Now i work there and i have to say it is pretty bad, the backstocks are empty, the store seems dead everyday even on weekends, etc…
But we are still acheiving sales plans so atleast thats good.

Anyway I just wanted to know, if it should happen we had to close the store, how early could it happen?
I like the store a lot and i like working there and id hate to see it go down, i mean im hoping that it will ATLEAST stay up until after christmas, because working christmas at mervyn’s is always fun.
So how early do you think it could happen?
Also, do you know of any businesses that escaped bankruptcy in the past? and how are the chances looking for Mervyns?

Why do we let Greedy Capitalists own our Livelihoods?

May 28th, 2010 3 comments

Tribune Company files for bankruptcy
By Kristina Betinis and Alexander Fangmann
15 December 2008
World Socialist Web Site

On Monday, December 8, the Tribune Company, which employs about 16,000 workers, became the first major news company to file for Chapter 11 bankruptcy protection in the current economic downturn. The filing, which threatens the jobs, wages and pensions of thousands of workers, allows the company to stop paying interest on its .9 billion in debt and enter into debt restructuring negotiations with its creditors. The bankruptcy filing lists the company’s assets at .6 billion

The Tribune Company is a media empire comprising the Chicago Tribune, the Los Angeles Times, the Baltimore Sun, the Fort Lauderdale Sun-Sentinel, the Orlando Sentinel, at least 6 other daily newspapers, a cable network, a radio station, 24 television stations, several weekly papers, Chicago Magazine, and numerous websites. It also owns the Chicago Cubs and their stadium, Wrigley Field, which are not listed as part of the bankruptcy filing.

At court hearings last Wednesday, the media conglomerate asked a bankruptcy judge for permission to cut employee severance payments and health care benefits. In 1986, the Chicago Tribune smashed a bitter strike by pressmen and other craft unions, replacing 1,000 workers with strikebreakers. Today, the entire conglomerate is mostly non-union.

Many media companies are suffering from dwindling advertising revenue, as well as the loss of readers to the Internet. In another recent sign of the downsizing and consolidation of the industry, the Detroit Free Press, owned by Gannett Co, and its partner, the Detroit News, are planning to end home delivery on all but the most lucrative days, which are Thursday, Friday and Sunday.

The most direct cause of the Tribune Company’s bankruptcy, however, is the company’s staggering level of debt. Several large media companies, including Media General and Gannett, face enormous debt payments and may soon find themselves in a similar situation.

Last year’s privatization of the Tribune Company bears the marks of leveraged debt financing characteristic of the recent climate of rampant speculation.

In December 2007, billionaire real estate mogul Samuel Zell, nicknamed the “Grave Dancer” for his history of buying distressed or undervalued businesses, completed the transaction to take the Tribune Company private. He was estimated by Forbes in 2008 to be the 68th richest American. Zell, the Tribune Company’s chairman and CEO, pursued a heavily leveraged buyout of the company which was widely characterized as extremely risky and indicative of the irresponsible investments leading up to the recent crisis. The Wall Street Journal reports that “no one thought the buyout of Tribune Co. would work—and it didn’t.”

Ruthlessness typifies Zell’s approach. Speaking on the mortgage crisis at the Milken Institute Global Conference in April, Zell was quoted as saying, “This country needs a cleansing. We need to clean out all those people who never should have bought in the first place, and not give them sympathy.”

Zell maintained he could make the Tribune Company deal profitable through a combination of asset sales and reorganization to take place under the new management team, which had little or no experience in the newspaper industry. Senior executives knew that bankruptcy would likely be filed soon, in an effort to protect investments.

While Zell invested 5m of personal equity, with substantial risk mitigated by tax breaks, debt was piled on to the company in the acquisition process. By the time of its completion, Zell’s deal had saddled the Tribune Company with .2 billion in debt.

Most of the risk for the Tribune Company’s enormous debt was pushed onto the newly-created Employee Stock Ownership Program, which purchased 0 million worth of newly issued stocks upon being established in 2007. These schemes, promoted by the union bureaucracy to “save” failing companies, while securing the interests of big investors, have produced nothing but disaster for workers. This was the case at United Air Lines, McLouth Steel and other companies where workers lost their pensions, wages and life savings when the so-called worker-owned companies collapsed.

The Tribune ESOP, as the majority shareholder, assumed most of the risk for the debts. Those employee shareholders are also at the end of the line of creditors in the bankruptcy proceedings. Speaking to the Chicago Tribune, Zell admitted it was likely that the employee stock owners could have their holdings wiped out. The Chicago Tribune reported that Tribune Company “will halt all severance payments, deferred compensation and other payments to former employees, who will be required to file a claim with the bankruptcy court.”

The executive director of the National Center for Employee Ownership published an analysis of the Tribune Company’s ESOP in 2007 which included the following:
The executive director of the National Center for Employee Ownership published an analysis of the Tribune Company’s ESOP in 2007 which included the following: “In the Tribune case, the ESOP will borrow money from the company. Regardless of how the plan acquires stock, company contributions to the trust are tax-deductible, within certain limits. So in this case, the company is able to use the ESOP to borrow money and repay it in pretax dollars, deducting both principal and interest. This is one of the key tax benefits that the many articles on this transaction are referencing.”

In this case, as in other cases, an ESOP was established as part of the privatization to provide tax advantages and risk protection to Zell and company, rather than provide security for employees through ownership stakes, which clearly confirms the predatory nature of the Zell acquisition.
n the first eight months after the Zell acquisition of the Tribune Company, more than 900 Chicago Tribune jobs were eliminated. Compounding the instability posed by the risky acquisition, the Tribune Company continued to see its advertising revenue fall sharply. In an effort to cut costs, the Chicago Tribune introduced a smaller, reformatted paper in September of this year, composed of fifty percent advertisements and fifty percent graphics-intensive reporting. The cost cuts were achieved by reducing news content and the staff required to produce it, which could be printed on fewer pages. By August 2008, increased layoffs, employee buyouts, and other cost-cutting measures failed to reverse the company’s decline.
http://www.wsws.org/articles/2008/dec2008/trib-d15.shtml
Jim,

Workers everywhere are taking it on the chin through no fault of their own. The capitalist is nothing but a leech on the working class. Capitalism is class warfare. The capitalist gets richer and richer as labor works harder and harder for less and less, as his benefits are slashed and his job "offshored" to cheap labor locations.

If you had read this article, Zell’s recklessness lies at the foundation of ruin for the employees of Tribune Co.

"The ongoing debate over the auto bailout has demonstrated the conspiracy of the automakers, the two big business parties and the UAW against the autoworkers. All insist that workers must pay for a crisis that they did not cause, in order to restore the auto companies to profitability so they can once again be a lucrative source of income for corporate executives and big investors who are responsible for the financial catastrophe."
http://www.wsws.org/articles/2008/dec2008/auto-d12.shtml
Cowboy,

Read the posted article!

How do apparently succesful buisnesses get into chapter 11 bankruptcy?

April 19th, 2010 2 comments

I just Found out the Flying J truck stops corporation is in chapter 11 bankruptcy. My question is this. Freakin HOW ? Every flying J truck stop I have ever been to has been busy . Really busy. And their prices are High compared to a neighborhood convenience store. And they get their money too because truckers HAVE to go to truckstops. I will get an energy Drink, a crappy burger and some potato wedges and be out 12-13 bucks easy. Not to mention the 500bucks in fuel my company just bought from them.

When some businesses like the restaurant down the street go under it makes sense because, hardly anyone eats there. But several times I have seen successful businesses like the PUMPHANDLE convenience stores go under

How do these businesses that have tons of customers and make tons of money manage to blow it ? Are they paying some Fat*ssed vice president of the company too much money to play golf on his 3 hour work day? Or are lawyers getting it from law suits ?

Please help me revise this small paragraph, English is my second language.?

March 27th, 2010 2 comments

Recently, the biggest financial company Lehman Brothers filed chapter 11 bankruptcy protection on September 15, 2008. A Chapter 11 of the US Bankruptcy Code protects a bankrupt company from its creditors while it reorganizes its businesses with a view to becoming profitable again. The bankruptcy of Lehman Brothers is the largest bankruptcy filing in U.S. history with Lehman holding over 0 billion in assets. According to Bloomberg, Lehman Brothers filed the reports with the U.S. Bankruptcy Court; Southern District of New York (Manhattan) on September 16th indicated that J.P. Morgan provided Lehman Brothers with a total of 8 billion dollars in "Federal Reserve-backed advances." The cash-advances by JPMorgan Chase were repaid by the Federal Reserve Bank of New York for billion on September 15th and billion on September 16th. The impact of Lehman Brothers bankruptcy filing was huge in the stock market. The Dow Jones closed just over 500 points on September 15, 2008, at the time the largest drop by points in a single day since the 9/11 attack.

If I owe debt under my C Corporation can they come after my personal assets?

March 27th, 2010 3 comments

Our company is a startup, about 3 months into operation, but are already swimming in about ,000 of debit ( ,000 loan, and ,000 credit card ), the problem being we made a few costly mistakes in the beginning, and thus here we are today.

My main full time job, is cutting payroll by almost 50%, so instead of making 00 – 1500 a month, now its less than 0. I cannot pay my current debts off. I’m already enrolled into a personal debt collection management program.

*** Here is my question ***
1. As a C-Corporation am I personally protected from the business debt? Meaning if say the business owes X amount of dollars, they cannot harass me or try to take my car or house or w/e to pay off the funds.

2. How do I go about explaining to them? Should I file for chapter 11 bankruptcy.. but at the same time I’d like to save the company somehow, I just can’t pay off this debt.

Any help would be very much appreciated.

Thank you!

What jobs are the average Joe's going to flock to after the car industry fails?

March 16th, 2010 3 comments

Wal Mart? McDonald’s?

In York PA a screw company filed for Chapter 11 bankruptcy protection, they didn’t think the failing auto industry was going to effect them, yet they were wrong. Come to find out one of their top buyers used the screws in parts that would be shipped to an auto assembly line.

Emporium PA, GKN Sinter Metals is a leading maker of connecting rods for the US auto industry, mass layoffs are taking place and now people fear their jobs will not be there by the end of January. Not only is this small, but very important addition to the American auto industry is beg affected, but locally owned business is feeling the effect. Businesses that have nothing to do with the auto industry. People can’t afford to eat at the locally owned restaurants, or shop at the only grocery store in town. GKN is the leading employer in the area.

These are two small examples. The effects of the failing industry is going to effect more than the auto industry. As the hundreds of thousands of jobs depending on direct sales to the auto industry start to fall short, consumer spending as well will fall.

Is this concept hard to grasp?
Hey Nina. GM has 7000 car lots in America. Toyota has 1500. The reason Toyota is cheaper is because there is less demand. Just wait till these industries fail, and you will see a rise in prices.

They are in a competitive market in the US. A place where Americans used to take pride in their auto industry. Once that competition is gone, there are only going to be a few places you can go. So what are you going to do if they raise their prices? There is nothing you can do.

It’s an economic war, and we’re losing. Soon enough all our money will be owned by foreign investments.

What if it comes down to a choice between temporary socialism and total economic collapse?

February 28th, 2010 16 comments

I’ve heard from two different friends in DC (they don’t know each other) that both Bank of America and Shiti Group – err… Citi Group – are to be "Swedished" in the coming days. That’s essentially an ultra-rapid process of Chapter 11 bankruptcy – the banks will be nationalized, placed into receivership, all of their off-the-books assets will be pulled onto their balance sheets, and they will be dissolved and sold off in the private capital markets.

Of course, I’m sure this will be met with the standard cries of "socialism," though this isn’t really much different than a standard Chapter 11. However, as I was thinking about this, I started to wonder – what if it really does come down to a choice between outright socialism for a time, and total economic collapse?

Hypothetically, at what point would conservatives be willing to bite the bullet if it really came down to it? For instance, if:

You were faced with the prospect of losing all of your savings?

If the "do nothing" course meant more than 50% unemployment?

60% unemployment?

80%?

90%?

95%?

How about if hospitals started going bust, and people started dying for lack of medical care?

If food manufacturers and supermarkets started closing, and mass starvation looked to be on the horizon?

To be clear: I don’t want a socialist society. I’ve met President Obama, and I know for a fact that he doesn’t; he and his administration hate that this is their first order of business. I’m not talking ideology here, I’m talking pragmatism: assuming that nationalized industries would be later re-privatized, what would you be unwilling to sacrifice on the altar of free markets?

As for me, I wouldn’t go along with such extreme measures unless it was clear that the collapse would present a tangible danger to American lives. I think that’s a pretty sensible position – what’s yours?
"There’s no such thing as temporary socialism"

The socialist period in the UK lasted from 1945-1979.

China has rolled back socialism somewhat (though not nearly to the extent most think – the state still controls 80% or so of the economy), and is now a mixed economy.

India’s economy used to be nearly as rigidly planned as the USSR, and that was a temporary phenomenon.

There – in 30 seconds, I’ve produced three examples obliterating this right-wing talking point. Why do conservatives insist on making demonstrably false claims?
My God… I asked a question that is nothing more than a simple thought experiment, and these hacks can’t put aside their partisan nonsense for even a second. Pathetic, just pathetic. If capitalism had only you free-market zealots to defend it, it would have been done for in the 1930’s.
End Fed,

We have never had "true capitalism" as you call it. Never. Nor has any other country. Nor will there ever be a country which does. That is because it is an IDEAL, a nice (depending on your perspective) notion like racial equality. Society can go in that direction, but it will never actually achieve the ideal – it can’t, it’s not meant to be achieved, it’s just a concept.

Doesn't it make you feel good to know that Obama has appointed someone who knows NOTHING about cars?

February 20th, 2010 23 comments

The man charged with turning General Motors around said he knows nothing about the auto industry.

Edward Whitacre, 67, was appointed to run the automaker after it emerges from bankruptcy — but by his own admission knows nothing about the industry he is overseeing.

"I don’t know anything about cars," Whitacre told Bloomberg. "A business is a business, and I think I can learn about cars. I’m not that old, and I think the business principles are the same."

Whitaker, or "Big Ed" as he’s known in the business, made his name running AT&T and its predecessors and is the only non-CEO to lead GM’s board in half a century.

General Motors filed for Chapter 11 bankruptcy protection and hopes to emerge from court protection in no more than 90 days. Whitacre will then step in and try to turn the company around.

But telecom industry analyst Victor Schnee told the the Assoicated Press that Whitacre’s appointment was "bizarre."

"The guy accomplished a number of things in telecom and we all thought the book was closed," he said.

Former GM Chairman and chief executive Rick Wagoner was ousted by the Obama administration in March.

How much of my stock earnings get taxed?

February 9th, 2010 4 comments

I don’t know if there is a straight forward answer to this, but I was wondering it just the same.

About 5 years ago when I got out of high school my family gave me a bunch of money for graduating. There was a company who’s products I had been using for many years, since I was like 3 or so. I had a lot of faith in the company, even though they had recently filed for chapter 11 bankruptcy protection.
When I bought their stock, they were only {content}.11 a share, so I bought a thousand (1000) thinking that if the company went out of business that I would only be out 0. Well, 5 years later the stocks are now worth .91 each. I am thinking of selling them all so that I can pay off my student loans.

In the past 5 years I gained ,800 on them. How much of that will be taken away in taxes, if any? Will it be counted as income? Something else? If it matters at all, I live in the state of MARYLAND.

Can I sue the owner of my former bankrupt employer for unpaid wages?

January 28th, 2010 1 comment

I worked for a company that laid us all off one day, and then filed for Chapter 11 bankruptcy the next day. No employee has received their last paycheck for time worked and it’s been more than 7 months. I know we are priority, but it seems highly likely that the company will end up filing for Chapter 7 (they are pretty much not doing any business right now and cannot even agree on a BK plan because they say they don’t have enough money) and that there won’t be enough money in the estate to pay us.
Many of us employees saw very skeptical things while working there, and it is rumored that the owner transferred money from the business into his personal account right before the bankruptcy. Are we able to sue the owner personally? And if so, do we have to wait until after we "officially" receive nothing?

If the Auto Companies do not compily with the provisions of the bailout, will they willing be cut off?

January 16th, 2010 3 comments

According to the provisions in the bailout the auto companies either have to come up with a plan that will turn things around or face chapter 11 bankruptcy. If they do not comply, there is no more money and they have to pay back what they got. Do you really believe the Democrats will enforce that provision or just continue giving them more money and create subsidized business entities?

Gift Cards?

November 19th, 2009 1 comment

I just read that Sharper Image and other retailers are not honoring Gift cards because they are in financial trouble and some are even in Chapter 11 BK. The story is" That is typical of businesses that reorganize under Chapter 11 bankruptcy, which treats gift cards as a loan to the company, not as cash."

Was’nt cash used to buy these gift cards????? If so, how can they deem it a loan or credit when they (Sharper Image)were already paid for the gift cards.

Do you know a store similar to BabyStyle? Since it is going out of business now…?

November 8th, 2009 1 comment

I always liked their clothes because they look like people clothes, not doll looking clothes with weird colors and silly stuff sewn on. They were higher priced, but not unreasonable and things always went on sale.

Some of the toys were unique too and I liked the chairs (they were nicer than pottery barn kids).

Now they have filed for Chapter 11 bankruptcy protection and are closing for good. They don’t take anymore orders online and I don’t live in CA where the last stores are to stock up. Do you know any similar stores or sites?

And I hate the Babys-R-Us here, the staff is always unknowleagable and in a group at the front of the store chit-chatting. I always have to try and help myself or just get frustrated and leave. Plus, the clothes are usually more like the doll clothes I don’t like.

lehman bro stocks quick question?

November 4th, 2009 3 comments

if you buy shares of a business that is under chapter 11 bankruptcy otc shares and the company reorganizes and everything starts going back to normal will you still keep those shares? and will they begin to increase? or is it when a company comes out of chapter 11 bankruptcy it becomes different?

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