Chapter 11 Bankruptcy

Owners of The Georgian Building in Silver Spring, Maryland File for Chapter 11 Bankruptcy Protection

06/23/11

On Wednesday, two related companies – Stellar GT TIC LLC and VFF TIC LLC – voluntarily filed for chapter 11 protection in the bankruptcy court in Greenbelt, Maryland with a pre-negotiated plan of reorganization.  The companies own an 891-unit multi-family high rise property (consisting of two 14-story apartment buildings) located at 8750 Georgia Avenue in [...]

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What to do if a creditor sends you a Form 1099 trying to make income out of your discharged debt

06/22/11

Creditors who were discharged in bankruptcy are not supposed to send you 1099 forms because a bankruptcy discharge is not a taxable event.  Some do it in and out of bankruptcy in order to get you to pay a debt.  I think it is a violation of the automatic stay if done during the bankruptcy [...]

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Assessing Your Financial Situation Pre-Bankruptcy

06/22/11

Often, people wait too long to file bankruptcy.  Considering bankruptcy to be a last resort is probably a wise thing to do, and there are often many things an individual can do to prevent bankruptcy.  However, waiting too long can mean that bankruptcy protects less of your assets than it might otherwise be able to, [...]

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Read the Order Dismissing the Involuntary Chapter 11 Petition Filed Against Bank of America, N.A.

06/22/11

The following order dismissing the involuntary chapter 11 petition against Bank of America, N.A. was entered by Bankruptcy Judge Michael Romero (Bankr. D. Colo.) shortly after 3 p.m. on Tuesday.  For background on the involuntary filing and Bank of America’s response, please read our earlier post on the case: http://blog.ch11cases.com/2011/06/34-individuals-file-pro-se-involuntary.html To view a copy of the [...]

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Borders Group Posts $35.4 Million Net Loss for May

06/22/11

Borders Group, Inc. and its affiliated debtors filed their monthly operating report for May (1-28) yesterday with the bankruptcy court in New York.  Borders, which filed for bankruptcy protection in February, is seeking buyers for its assets, with the expectation that the companies’ future will be decided in the next few weeks. Among the highlights [...]

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Former Wilkes Bashford Company Asks Court to Convert Bankruptcy to Chapter 7, Remaining Unsecured Creditors Likely to Receive Less than 1% Recovery

06/21/11

Summary: Last Thursday, TWBC, Inc. filed a motion asking the bankruptcy court in San Francisco to convert its chapter 11 bankruptcy case to chapter 7.  The company was formerly known as The Wilkes Bashford Company and operated a chain of high-end luxury retail stores in Northern California for over 30 years.  However, Wilkes Bashford’s sales [...]

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Signature Styles (Spiegel, Newport News & Shape Fx Brands) Creditors’ Committee Appointed, Selects Proposed Counsel

06/21/11

Summary: The United States Trustee filed a notice with the bankruptcy court on Friday which identified the creditors which have been appointed to the Official Committee of Unsecured Creditors in the chapter 11 bankruptcy cases of Signature Styles, LLC and Signature Styles Gift Cards, LLC. Those companies, which collectively operate a catalog and internet retailer [...]

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34 Individuals File Pro Se Involuntary Chapter 11 Bankruptcy Petition Against Bank of America, N.A.; Bank of America Quickly Responds & Asks for Immediate Dismissal

06/20/11

On Friday at about 5:00 p.m. local time, 34 individuals (from the court filings, it appears not represented by counsel) filed an involuntary chapter 11 bankruptcy petition against Bank of America, N.A. (a banking subsidiary of Bank of America Corporation (NYSE: BAC)).  In the petition, the individuals assert claims against Bank of America of between [...]

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Linden Ponds, Inc. & Hingham Campus, LLC File for Chapter 11 Protection in Texas

06/15/11

Affiliated entities Linden Ponds, Inc. and Hingham Campus, LLC voluntarily filed for chapter 11 protection earlier today in Dallas.  The companies, which are related to Senior Living Retirement Communities LLC (formerly known as Erickson Retirement Communities, LLC), operate Linden Ponds which is a 108-acre continuing care retirement community located inHingham, Massachusetts (approximately 20 miles outside of Boston).  As of [...]

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Lenders Try to Prevent Chapter 11 Filings, Prefer Foreclosure

01/27/11

Traditionally, large commercial real estate loans have been non-recourse, meaning lenders can look only to their collateral in the event of a default. Increasingly, lenders are implementing contingent personal guarantees into loan agreements which bring a developer’s personal assets into play if they behave “poorly.” “Bad boy” acts often center around “milking” a distressed property…

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