Skip to content

{ Monthly Archives } March 2010

General Growth Settles Water Tower Tax Fight

Sally Ryan for The Wall Street Journal General Growth Properties Inc. and the City of Chicago have settled a $4.6 million tax dispute involving an anchor of the city’s “Magnificent Mile” shopping district. The Windy City claimed General Growth owed it taxes in connection to the 2004 acquisition of the famed Michigan Avenue mall, Water Tower Place . The mall owner disputed that charge. The two sides have settled their quarrel. General Growth has agreed to pay $300,920 to Chicago, according to papers filed in the company’s Chapter 11 case. In exchange for the payment, the city will drop its pursuit of the remaining tax bill. General Growth said the settlement, which is subject to bankruptcy court approval, is in its “best interests” because the payment is a 93.5% reduction from the amount it was alleged to have owed. The deal “will save time” and allow the company “to avoid the uncertainly and expense of protracted litigation,” General Growth said in court papers. Water Tower Place is a mecca for Midwest shoppers, featuring more than 100 retailers, including Macy’s, Lacoste and French Connection, spread over eight floors. Located near the center of Chicago’s premier retail district, the mall is named for the nearby Chicago Water Tower , one of the few buildings to survive the Great Chicago Fire of 1871.

The Daily Docket: Creditors Fight Back

More and more overleveraged, recession-battered companies are ending up in bankruptcy owing their creditors much more than they are worth, which is forcing unsecured creditors to make brash legal maneuvers to squeeze out even a small recovery in Chapter 11 cases, The Wall Street Journal reports . Creditors of SemGroup LP have sued the company’s former private-equity backers in a bid to recoup $56 million worth of dividends the private-equity firms collected as the energy trading company spiraled toward collapse. Read the Daily Bankruptcy Review story here and a post from our sister blog, Private Equity Beat, here . Meanwhile, a former SemGroup manager was charged with insider trading Tuesday for allegedly selling 5,400 units of a publicly traded subsidiary before SemGroup’s financial collapse was public, the Tulsa World reports . Philadelphia Newspapers LLC’s lenders have asked the full 3rd U.S. Circuit Court of Appeals to review a decision by a three-judge panel that bars them from bidding their debt in an auction for the company, Reuters reports . Companies seeking cash to fund their exit from bankruptcy protection are turning to high-yield bonds, according to Reuters . Nortel Networks Corp. reached a new deal Tuesday with its pensioners and employees on long-term disability after a judge rejected an earlier settlement, according to the Canadian Press . Two Jefferson County commissioners who had favored bankruptcy to solve the county’s $3.2 billion sewer debt crisis said they’ll settle with Wall Street creditors if the banks cancel about $2 billion of the debt, according to the Birmingham News .

Portland Oregon Bankruptcy

Portland Oregon Bankruptcy. Benefits of Bankruptcy
The primary benefit of filing for bankruptcy is the ability of a consumer to get a fresh start from past debt. In addition, once a petition is filed, it will stop any collection activity, including any bills currently due for credit cards, medical bills, or other bills. It will [...]

Oregon Bankruptcy

The Process of Filing for Bankruptcy in Oregon and Washington
Consumers often have questions about the basic process of filing for a bankruptcy in Oregon. The dedicated Portland, Oregon bankruptcy attorneys of Baxter & Baxter, LLP, can guide you through this process. Here are the basic steps of filing for bankruptcy in Oregon:
1. Gather documentation and [...]

Maker Of Collapsed Cowboys’ Dome Seeks Creditor Protection

The Canadian parent of the company that built the Dallas Cowboys practice facility, which seriously injured two members of the football team’s staff when it collapsed in May 2009, sought protection from its creditors last week, the Associated Press reported . Cover-All Building Systems Inc. of Saskatoon, Saskatchewan, filed for the Canadian equivalent of Chapter 11 protection on Thursday. The company and its U.S. subsidiary, Summit Structures LLC, are facing lawsuits from Cowboys scout Rich Behm and special teams coach Joe DeCamillas, who were among a dozen people hurt when the team’s dome-like practice facility buckled during a wind storm. A report from the National Institute of Standards and Technology found that the Cowboys’ facility collapsed in winds 25 to 35 miles per hour slower that was the structure was supposed to be able to withstand. At least five other Summit-designed buildings are known to have collapsed since 2002, AP reported. The company had suspended the production and sale of all its buildings pending engineering reviews. Cover-All laid off nearly all its staff last Thursday, the Saskatoon StarPhoenix reported. The incident, which occurred during a workout for rookie players, left Behm paralyzed from the waist down. DeCamillas suffered a broken vertebra.

Judge Hopes Jail Time Will Motivate Hecker To Pay His Exes

ZUMA Press Denny Hecker A Minnesota family court judge has made good on his threat to send Denny Hecker to the slammer for failing to pay domestic support to his ex-wives, saying he hopes it’ll spur the formerly high-flying businessman to do so. According to the Minneapolis Star Tribune , Hecker appeared before Judge Jay Quam at a court hearing Tuesday morning to plead for more time to meet Quam’s demands to either make missed support payments to his second wife or to offer proof why he couldn’t. But Quam wasn’t inclined to give any more time to Hecker, who filed for bankruptcy last summer under the weight of a staggering $767 million debt load tied to his former business empire. “I don’t like doing this. But I am going to take you into custody to motivate you,” Quam said, before Hecker stood up, was handcuffed and led out of the courtroom to a cell in the Hennepin County Jail. Hecker’s due back before Quam Tuesday afternoon with regard to support payments he owes his fourth wife. Heading into the hearings, Hecker filed papers claiming bad legal advice caused him to decide not to make the payments, the Star Tribune reported . “I now clearly understand that my decision not to pay any of my court-ordered obligations to my former…was based on a skewed and distorted interpretation of the law,” Hecker wrote in a sworn affidavit, while his lawyer denied the accusation. However, Hecker said he wasn’t trying to pass off the blame; instead, he acknowledged that he “alone must take responsibility for” any mistakes he made.

5 Bankruptcy Lawyers Among ‘Most Influential’ Attorneys

Jones Day Corinne Ball The National Law Journal has hand-picked the most influential attorneys of the decade, and five bankruptcy attorneys made the cut. The industry publication Monday published its selections from 12 areas of law, ranging from civil rights attorney John Payton of the NAACP Legal Defense Fund to Elizabeth Warren of Harvard Law School. Even disregarding Warren’s bankruptcy connections (once upon time she was best-known for her work as a bankruptcy professor, before stepping into the Washington spotlight) restructuring professionals still dominated the National Law Journal’s line-up. While the publication singled out three or four attorneys from the 11 other practices, it bestowed honors on five bankruptcy attorneys, including Corinne Ball of Jones Day (who we profiled in January) and Harvey Miller of Weil, Gotshal & Manges. Ball and Miller have worked their magic on several massive cases over the past several years, including the bankruptcy proceedings of Chrysler LLC and Lehman Brothers, respectively. James Sprayregen , another attorney included on the list, has had a busy decade too – kicking the new century off at Kirkland & Ellis, heading to Goldman Sachs during the market’s boom years and then returning to Kirkland just in time to ride the recession’s restructuring wave. Rounding out the bankruptcy honorees are John “Jack” Butler Jr. and Jay Goffman , both of Skadden, Arps, Slate, Meagher & Flom. Butler helped Delphi emerge from bankruptcy after a four-year restructuring, and Goffman represented the owners of LyondellBasell and Charter Communications. The National Law Journal said it plans to publish video profiles of some of the winners over the next several months, leading up to an awards ceremony in New York in June.

The Daily Docket: Lehman Wants Claims Cut

Lehman Brothers Holdings Inc. wants the bankruptcy court to cut creditor claims in its Chapter 11 case to $605 billion, Reuters reports . Meanwhile, the Securities and Exchange Commission is investigating the use of accounting techniques like the one Lehman used to move $50 billion in liabilities off of its balance sheet before its collapse, according to the Washington Post . Xerium Technologies Inc. has filed for bankruptcy protection. General Motors Co. is delaying by two weeks the release of its financial results for the fourth quarter, which will be the first official disclosure of the auto maker’s financial performance since it emerged from bankruptcy protection last year, The Wall Street Journal reports . Blockbuster Inc., which has warned that it may have to file for bankruptcy protection, said Monday it will ask its shareholders to vote on a reverse stock split at its upcoming annual meeting on May 26, according to the Associated Press . Magna Entertainment Corp. obtained court approval to poll its creditors on a bankruptcy-exit plan that would allow horse racing mogul Frank Stronach to maintain control of the company’s most valuable racetracks. Read the Daily Bankruptcy Review story here . A federal judge has moved the fight over Chemtura Corp.’s environmental liabilities to a district court, Reuters reports .

Dykstra Drops Predatory Lending Suit

Associated Press Lenny Dykstra dropped his $100 million “predatory lending” suit against J.P. Morgan Chase & Co. just days after a bankruptcy trustee criticized the former baseball star for repeatedly interfering with efforts to sell off his belongings. In a one-page filing Friday in Manhattan federal court, the retired big leaguer voluntarily dismissed his lawsuit in connection with an alleged predatory loan made by a bank later acquired by J.P. Morgan. Dykstra claimed Washington Mutual, which J.P. Morgan purchased in 2008, put him into a loan he couldn’t afford in connection with his $17.5 million purchase of hockey legend Wayne Gretzky’s Thousand Oaks, Calif., mansion. He said he agreed to the loan with the promise he could refinance, but the bank allegedly reneged on its commitment. The house is now on the market for $14.9 million. The decision to drop the suit comes just days after Dykstra’s bankruptcy trustee announced a settlement that pointed to the predatory lending suit as just one of many instances where the ex-ball player and onetime financial guru interfered with his efforts to sell off Dykstra’s assets for the benefit of his creditors. Lawyers for Dykstra and the trustee couldn’t be reached for comment. Dykstra filed for bankruptcy last July, but trustee Arturo M. Cisneros took over the case several months later after judge ruled Dykstra could no longer administer his own finances. The former New York Mets playoff hero and Philadelphia Phillies all-star now claims he doesn’t belong in bankruptcy and want a judge to dismiss his case so he “can once again claim his role as a productive member of society.” Dykstra, who’s representing himself in his bankruptcy case, must convince a bankruptcy judge that regaining control of his finances is in the best interests of his creditors. A hearing on his bid is scheduled for next week.

Los Angeles Times Unloads Foreclosure Web Site

Reuters A Zetabid employee helps an auctioneer spot bidders during an auction of foreclosed properties in the Chicago area last September. The Los Angeles Times is getting out of the foreclosed-homes auction business, saying it needs to focus its attention and money on its other ailing operations. The newspaper, which is owned by Tribune Co., obtained bankruptcy court permission last week to sell its 66.67% interest in foreclosure auction Web site Zetabid.com to joint-venture partner Catalist Homes for $200,010. The newspaper says Zetabid is a money-loser that it can no longer afford to support. “L.A. Times has determined it cannot justify continued investment of financial and creative resources in Zetabid, especially in light of L.A. Times’ need to invest elsewhere,” the newspaper said in court papers. The newspaper launched the Web site in 2008 with the intention opening up the residential auction market to consumers. Zetabid sought to make it easy to buy bank-owned homes through public auctions that it hosts. The L.A. Times and Tribune provided media exposure while Catalist provided transactional services. Zetabid has held more than 17 auctions, including 155 foreclosed homes in Michigan and 60 homes in Florida last fall. In court papers, the L.A. Times said that in 2008 it saw the foreclosure market as an “attractive opportunity” as traditional real estate advertising slowed, but said the government’s response to the housing crisis, including foreclosure moratoriums and loan modifications, “had substantial adverse impacts on Zetabid’s business.” The site was taken down temporarily so it could be overhauled for a relaunch, Zetabid.com President Mike Davin said Friday. He said the new site will focus more on short sales and move away from big, ballroom-style auctions. “Short sales are not a big media play, but there is a lot of back-end process work,” which Zetabid owner Catalist can provide, he said. “We are very excited and ready to move forward.” Tribune, which filed Chapter 11 protection in December 2008, continues to reorganize in bankruptcy.