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{ Monthly Archives } January 2010

A Housewife With Real Problems

Associated Press Lynne Curtin One Real Housewife of Orange County is having some trouble playing the part. Lynne Curtin, a star of the Bravo reality series profiling wealthy women in Southern California, is considering filing for bankruptcy, according to the Press-Enterprise . Despite the fancy cars, monstrous mansions and pricey weekend getaways splashed across the screen, Curtin and her husband, Frank, claim it’s an illusion. “We are portrayed as being real wealthy,” Frank Curtin told the newspaper. “It’s a television show. It’s blown out of proportion.” His wife agreed, affirming that they are not, in fact, “gazillionaires.” The TV show salary “just gets us by,” she said. Proving once again that reality stars really are just like us, the couple said they’ve suffered in the down economy, as Frank’s construction business has ground to a halt. They’ve faced four eviction notices since 2007 and are currently entangled in a court battle that could leave them – alongside Frank’s brother, Christopher – $1.26 million poorer. A lawsuit – filed by an investor in 2007 – claims the trio failed to repay loans made in connection with a real estate deal. With their legal and financial problems mounting, the Curtins can at least take comfort in the fact that they’re not the only Bravo stars with money issues. The cable network is set to debut a reality series in April starring two celebrity photographers who sought Chapter 11 protection in August.

FBI Informant Dwek Began Bribing In His Teens

Associated Press In this courtroom sketch, Solomon Dwek testifies during the trial for suspended Jersey City Deputy Mayor Leona Beldini in federal court in Newark, N.J., on Thursday. Bankrupt New Jersey real estate developer Solomon Dwek, who as an informant helped the Federal Bureau of Investigation arrest 44 public officials and rabbis in a corruption sting last year, took the witness stand to detail how the bribes he used to hook the accused criminals stretch back to his teenage years. Dwek, 37, testified in Newark this week against former Jersey City Deputy Mayor Leona Beldini, who has pleaded not guilty to accepting $20,000 in bribes from Dwek in order to help him win approval for a 750-unit condominium that didn’t exist. The Asbury Park Press reports that Dwek began his life of crime as a student at a New York religious schools for Orthodox Jews. With a failing grade in math that would keep the teen from graduating, Dwek said he took his teacher up on an offer to pay a $50 bribe in order to pass the course and earn his diploma. Fast forward to 1999, when Dwek admitted he used a religious school that his father, a rabbi, founded as a means of laundering money and bribing a group of influential public officials, including “mayors, council persons, [a] sheriff.” Until about 2006, Dwek gave as many as two dozen officials cash and “thousands of dollars” worth of tickets entitling the holders to chances of winning furs, jewelry and other expensive items. Dwek’s bribes won him the officials’ support for his various business endeavors, including help securing zoning approvals. “If I needed assistance with a mayor or public official and they had their hand out, I would gladly bribe them,” Dwek testified. Last October, Dwek pleaded guilty to money laundering and bank fraud, hoping his cooperation with the government would ensure a lighter prison sentence. He currently faces nine to 11 years behind bars. Dwek’s arrest follows several tumultuous years of legal troubles, including an involuntary bankruptcy petition by several creditors including PNC Bank, which Dwek is accused of defrauding out of more than $22 million. Dwek has since placed many of his real-estate businesses into bankruptcy protection.

Dykstra Mansion On The Market For $14.9 Million

Associated Press Lenny Dykstra’s California mansion, a palatial estate once owned by hockey legend Wayne Gretzky, is on the market for $14.9 million . Dykstra, a former baseball player-turned-financial whiz, is now in bankruptcy, and the trustee overseeing his Chapter 7 case is selling off his personal belongings and real estate for the benefit of his creditors. Dykstra and his wife, Terri, bought the mansion, located in the Lake Sherwood area of Thousand Oaks, Calif., from Gretzky for about $18 million in 2007. A short while later, he reportedly put the house on the block for nearly $25 million but didn’t find a buyer. Dykstra’s wife has filed for divorce. According to court papers, liens against the property total some $14.3 million. That amount includes $12.9 million owed to Washington Mutual, which loaned Dykstra the money to buy the Gretzky house. The house is being sold on an “as is – where as” basis, an important consideration for potential buyers because the former Philadelphia Phillies and New York Mets outfielder left the house trashed after he lost control of his bankruptcy case. According to court papers, “the home was littered throughout with empty beer bottles, trash, dog feces and urine and other unmentionables.” After his baseball career ended, Dykstra found renewed fame as celebrity investor , dispensing options-trading advice on Jim Cramer’s TheStreet.com. But his luck ran out when the markets tanked, and Dykstra was forced to file for bankruptcy protection in July of last year. Dykstra lost control of his case in September after a judge ruled that he could no longer administer his own finances. Dykstra is facing a number of lawsuits filed by creditors who claim they’re owed money by the former big league all-star. Among his creditors is a company called Avantair Inc, which leases office space to Dykstra at a Southern California airport hanger. The firm has been trying to force the ex-ballplayer out of the space, but Dykstra won’t budge. In court papers, the company says that Dykstra said he “would not be willing to leave the office space unless and until he was escorted out by the sheriff’s department.” A hearing on that dispute is scheduled for Wednesday in Los Angeles.

The Daily Docket: Lehman Revisited

Former U.S. Treasury Secretary Henry Paulson says he was prepared to support a government deal to prevent the collapse of Lehman Brothers Holdings Inc. until he learned the firm’s assets weren’t worth as much as the investment bank said they were, Bloomberg reports . Meanwhile, Barclays Plc is firing back at accusations that it pocketed a secret windfall when it bought Lehman’s core U.S. operations days after it collapsed. Read the Daily Bankruptcy Review story here . Bondholders who stand to lose $362 million in the Herbst Gaming Inc. Chapter 11 restructuring on Thursday appealed a Nevada bankruptcy judge’s approval of Herbst’s reorganization plan, the Las Vegas Sun reports . A Delaware bankruptcy judge on Thursday denied Washington Mutual Inc.’s request to force government regulators and others to turn over documents related to the 2008 collapse of Washington Mutual Bank, according to the Associated Press . The U.S. Securities & Exchange Commission has reached a preliminary deal to settle a civil lawsuit against former Collins & Aikman Corp. Chief Executive David Stockman, a former director and six other former executives, WSJ reports . Gold miner Firstgold Corp. has filed for Chapter 11 bankruptcy protection .

Traders Drive Up Price For Tribune Co. Claims

Bloomberg News Sam Zell led the 2007 leveraged buyout of Tribune Co., which filed for Chapter 11 bankruptcy protection in 2008. Tribune Co.’s ordinary business suppliers are getting offers near 70 cents on the dollar for the claims they have filed in the media company’s Chapter 11 case, according to several who responded to an informal phone survey of creditors this week. Claims traders, battle-hardened bankruptcy veterans who gamble on the outcome of corporate restructurings, started out low and slow last year, when Tribune’s case lay largely dormant. Traders offered as little as 15 cents on the dollar for claims filed by unsecured creditors of the beaten-down publisher of the Los Angeles Times, Chicago Tribune and Baltimore Sun. The offers started to rise, however, around the time a group of Tribune’s senior lenders, a/k/a potential lawsuit targets, said they’d like to propose a Chapter 11 plan that would pay 100% to creditors of operating subsidiaries. Most business suppliers fall in that category. There’s no senior lender plan on the table yet, and there may never be. Until Feb. 28, Tribune alone has the exclusive right to propose a Chapter 11 plan to resolve its $11 billion-plus debt load. Bond prices jumped in recent months as well, after bondholders set off a public clamor for a suit against the lenders that financed Tribune’s ill-fated 2007 leveraged buyout, the source of much of the debt. The bonds haven’t risen as high as the trade claims amid continued uncertainty over who will get what under Tribune’s restructuring. The threat of an LBO lawsuit, or “this elephant in the room,” as Judge Kevin Carey called it, has bondholders licking their chops because the timeline looks designed for victory. Tribune collapsed into Chapter 11 in 2008 the year after the LBO piled on more than $8 billion worth of debt. Recession or no recession, bondholder attorneys says the LBO is an easy target in a court fight over whether the deal doomed the company. No wonder a steering committee of “credit agreement lenders” that put up $4 billion of the LBO money is ready to woo trade creditors owed $150 million with a 100-cents-on-the-dollar Chapter 11 plan. Even if no lender Chapter 11 plan ever materializes, the prices on trade claims are a sign that the truly smart money, the claims traders, believe the business vendors will not be left out in the cold, no matter what happen in the battle among the financial investors. They are betting that Tribune will take care of the sellers of advertising placement services, providers of helicopter rides for reporting from the skies and other vendors to the news and broadcast services.

Bankruptcies Hit Arkansas ‘Boomtown’

The city of El Dorado, Ark., is searching for jobs, a way to pay new police officers and a use for an abandoned chicken plant after the Chapter 11 reorganizations of two of its major employers has cost the town of 20,000 residents more than 1,600 jobs. Earlier this week, Chemtura Corp. sought bankruptcy court permission to idle one of its chemical plants in El Dorado, compounding problems for the city that last year lost its largest employer, Pilgrim’s Pride Corp., when the chicken producer closed a processing plant and hatchery as part of its reorganization. Pilgrim’s Pride, which emerged for Chapter 11 protection late last year, recently turned down an offer to sell the plant, citing the need to reduce the amount of chicken on the market. Some 200 local farmers depended on the plant to buy their poultry. “Pilgrim’s Pride slapped this community in the face,” said El Dorado Mayor Mike Dumas. “For a community this size, it’s been devastating.” The city, known as Arkansas’s “Original Boomtown” for its role in the 1920s oil rush, saw its tax revenue drop by 16% last year and is now bracing to lose more jobs with the closure of the Chemtura facility. In response to falling revenue, the city has frozen hiring of police officers and firefighters, scrapped all plans for new city programs and stepped up efforts to find replacement employers, Dumas said. Pilgrim’s Pride closed its plant in the city as part of its plan to consolidate production facilities. The closure eliminated 1,600 jobs and left El Dorado with a shuttered complex, parts of which Dumas said are “nearly collapsed.” He is upset that Pilgrim’s Pride passed on a sale that could have brought the jobs back. Pilgrim’s Pride spokesman Ray Atkinson said the company “considered all offers” for the plant but found none of them “to be in the best long-term interest of the company.” Chemtura is seeking to idle one of its three plants in the city. The fallout is comparatively smaller, costing 25 full-time employees and an undisclosed number of contractors their jobs. Chemtura spokesman John Gustavsen said shuttering the plant will allow it to allocate resources for the ramping up production of “sustainable” bromine, a fire retardant, at Chemtura’s other locations in the city. Still, he said the company “has no plans” to reopen the idled plant. Dumas said Chemtura hasn’t discussed the plant’s closure with the city, but he said he’s trying to line up new employers. The city worked to attract a 400-person call center that would have done work for Bank of America and other large corporations, but those plans fell through. “With the way the economy is, there has not been much movement,” Dumas said. “When you have community that is not growing, you have to make adjustments.”

The Daily Docket: Movie Gallery To File For Chapter 11

Hollywood Video chain owner Movie Gallery Inc. is preparing to file for bankruptcy as soon as next week, The Wall Street Journal reports . A bankruptcy judge Wednesday approved $45.6 million in bonuses for executives of Tribune Co. and advised the company’s leaders to roll the rest of its bonus requests into a Chapter 11 plan, according to WSJ . Lehman Brothers Holdings Inc. won the latest round in a legal battle that spans courts in the U.S and the U.K., and pits the investment bank and its creditors against derivatives investors. Read the Daily Bankruptcy Review story here . As some distressed municipal governments publicly consider filing for bankruptcy, Fitch Ratings warned Wednesday that “such statements should be taken seriously” and that they will “trigger an inquiry” by the ratings firm, WSJ reports . The trustee recovering assets for Bernard Madoff’s victims on Wednesday said he had reached a $220 million settlement with the children of the late real-estate tycoon Norman Levy, who had invested with Madoff since the 1970s, according to WSJ . Billionaire financier Carl Icahn won court permission Wednesday to buy the stalled Fontainebleau Las Vegas project out of bankruptcy, the Miami Herald reports .

Anna Nicole Smith Bankruptcy Details Revealed

Associated Press There may come a time when a lass needs a lawyer, and diamonds are no longer her best friend. What’s a gal to do? Well, she could take comfort in her Russian lynx coat, 500-carat sapphire necklace, six potbellied pigs and $12,000 doll collection – that is, until those assets are subject to a bankruptcy proceeding. We’re not just talking about any gal, but Anna Nicole Smith, the former Playmate model who filed for bankruptcy protection in 1996 following the death of her billionaire husband. Documents obtained by the Associated Press reveal new details about her case, including the assets the late Smith had on hand, the assets she was missing and her confusion about her financial woes. According to the AP, in addition the $43,000-plus fur coat and the six pigs, Smith also possessed a safety box filled with nearly $1 million worth of jewelry as well as her calendar and a bottle of perfume. The documents, which the AP received from the federal government through a Freedom of Information Act request, also show that Smith was missing about $2.7 million in jewelry, including a platinum necklace with 226 diamonds totaling nearly 74 carats. As for Smith herself, the Chapter 11 examiner appointed to probe her financial situation during her bankruptcy proceeding reported that “she did not know why she was in bankruptcy.” And in an interview with Smith at her home, the unidentified official said Smith appeared to be drugged and took pills throughout the meeting. “She could barely walk, her speech was slurred, she had to lay down in a darkened room as the light bothered her and she could not remember what she said from one moment to the next,” the examiner reported. Smith died in February 2007 after an accidental overdose of several medications.

Banks Lay Claim To Erickson Residents’ Deposits

Erickson Retirement Communities LLC’s banks say they should hold a lien against deposits elderly residents made to ensure their continuing care. Bank of America, Wells Fargo & Co. and other lenders are balking at an attempt by the company’s creditors to put those funds out of the banks’ reach. The lenders say that loan agreements entitle them to any cash proceeds, including the deposits, generated from the property that secures their loans. The loans “funded the construction of the very same units the residents pay initial entrance deposits to occupy,” Bank of America said in court papers. Erickson filed for Chapter 11 protection in October 2009. The creditors say the deposits are not subject to bank liens because they are part of the agreement that allows a resident to receive continuing care from the company. A court hearing on the matter is scheduled for next week. When new residents move into one of Erickson’s 20 retirement communities, they make an initial entrance deposit that allows them to occupy a unit in the complex. The deposits are sizable, typically between $100,000 and $600,000, and are often paid for with the proceeds from the sale of the resident’s former home, according to court papers. Erickson, on average, collects $13.4 million in such deposits per month. The deposits, less unpaid care and services bills, are refunded to residents when they leave the community or to their heirs upon death. Erickson is working exit bankruptcy under the control of Redwood Capital Investments LLC, which agreed to pay $365 million for the company’s assets.

The Daily Docket: Spyker Rescues Saab

General Motors Co. has reached a deal to sell its Saab brand to Dutch sports-car maker Spyker Cars NV, The Wall Street Journal reports . Just two years after emerging from Chapter 11 protection, Saint Vincent Catholic Medical Centers in New York may be on the brink of a second bankruptcy filing, according to Crain’s New York Business . The Catholic Diocese of Fairbanks, Alaska, is emerging from bankruptcy protection under a plan that will provide about $10 million to sexual abuse victims, the Anchorage Daily News reports . Lehman Brothers Holdings Inc. says a bankruptcy judge ruled correctly when he said financial-technology firm Metavante Corp. had to keep making payments on an interest-rate swap after the investment bank tumbled into bankruptcy. Read the Daily Bankruptcy Review story here . Lighting maker Generation Brands has emerged from Chapter 11 bankruptcy protection, the Triangle Business Journal reports . Attorneys for the Washington-Baltimore Newspaper Guild say Tribune Co.’s plan to pay out as much as $45.6 million in executive bonuses would drain more than 10% of the company’s operating cash flow, according to Editor & Publisher . Disbarred Florida lawyer Scott Rothstein is set to plead guilty Wednesday to operating a $1.2 billion Ponzi scheme, the Miami Herald reports .