A study from the Fred Hutchinson Cancer Research Center in Seattle found that cancer patients are 2.5 times more likely to file bankruptcy than people without cancer.  The study was published in the journal Health Affairs.  The risk is even higher for younger cancer patients.  This confirms what bankruptcy lawyers have known for a long time: many people don’t slide into bankruptcy, they are catapulted into bankruptcy or – put another way – debt has a way of kicking you when you are down.
Cancer is an extreme example of how a sudden and unexpected life event can rocket someone into bankruptcy.  The study’s authors highlighted a few of the reasons that cancer correlates to an increased risk of bankruptcy filing: 1) cancer is extremely expensive, even with health insurance; 2) cancer treatment leads to income disruption or job loss; 3) support networks are unable to take up the slack; and 4) existing debt becomes unmanageable.  These factors, however, are just as present with any sudden and unexpected life event, not just cancer.

(posted 1 day 20 hours ago)

Primcogent Solutions LLC a/k/a Hercules Laser Group LLC files for Chapter 11 Bankruptcy on May 20, 2013
Files for Chapter 11 Bankruptcy
May 20, 2013 | Primcogent Solutions LLC, also known as Hercules Laser Grooup LLC, filed for protection under Chapter 11 of the United States Bankruptcy Code on May 20, 2013.  The case is pending under Case No. 13-42368-DML-11 before the Honorable Dennis M. Lynn, United States Bankruptcy Judge for the Northern District of Texas, Fort Worth Division.  The Debtor estimates that claims may range from $50-$100 million and assets are in the range of $10-50 million.  David Boris is the Chairman of Board of Managers of the Managing Member.
Primcogent Solutions BankruptcyProposed counsel for the Debtor in Possession (DIP) is Andrews Kurth LLP (Paul Silverstein lead counsel).
Santa Barbara Medical Innovations, LL claims $5.0 million in deferred purchase price.  Erchonia Medial claims approximately $3.53 million in product contracts and royalties.

Richard G. Grant, P.C.
(posted 1 day 20 hours ago)

Receiving Wide Coverage ... National News: A devastating tornado swept through Oklahoma yesterday. Full news coverage: Wall Street Journal, New York Times, Financial Times D-Day for Dimon: Today is the day JPMorgan Chase shareholders will vote on a proposal to strip Jamie Dimon of his dual title as chairman and CEO. Bad news for Dimon detractors: Shareholder activists pushing for the proposal were "talking down the prospects of winning" the vote after regaining access to preliminary tallies…

BankThink
(posted 1 day 20 hours ago)

Satellite mogul Charlie Ergen bid $2 billion for certain spectrum from LightSquared Inc., the bankrupt wireless venture spearheaded by financier Philip Falcone, The Wall Street Journal reports.
AMF Bowling Worldwide Inc. is seeking to exit bankruptcy protection through a merger with Bowlmor, one of the upscale bowling chains with which AMF has struggled to compete. Read the Daily Bankruptcy Review story here.
Majority owner Sprint Nextel Corp. plans to boost its offer for Clearwire Corp. Tuesday, according to people familiar with the matter, just as a shareholder meeting was set convene for what many believe would be a failed vote, writes WSJ’s MoneyBeat

WSJ.com: Bankruptcy Beat
(posted 1 day 20 hours ago)

Authored by Douglas L. Waldorf, Jr. of Rogers TowersIn my April 18th post, I discussed the recent trend of municipalities enacting ordinances designed to give their code enforcement liens “superpriority” over prior-recorded mortgages. Basically, the municipalities have sought to achieve for their liens the same priority as that afforded liens for unpaid real estate taxes. In 2011, the 5th District Court of Appeal decided the case of City of Palm Bay v. Wells Fargo Bank, N.A., holding that the City of Palm Bay could not “…grant its code enforcement liens superpriority over a prior recorded mortgage…” That decision was appealed to Florida’s Supreme Court who issued its ruling on May 16.
Fortunately for lenders, the Court resolved this issue in favor of mortgage holders, holding that a municipality has no authority to enact and enforce an ordinance that creates superpriority for code enforcement liens over prior recorded mortgages. The Court found that because the Florida Legislature has established by statute the priority of rights with respect to interests in real property, municipalities were preempted from circumventing this general scheme by enacting their own ordinances to achieve superpriority.

Florida Banking Law Blog
(posted 1 day 21 hours ago)

Most Chapter 11 cases have a “playbook.” Depending on the industry and reasons for a company’s downfall, there is usually a debt-for-equity swap, a distribution to unsecured creditors and/or a sale. The threat of litigation, or even liquidation, works to keep all parties “honest” and at the negotiating table. One of the benefits of Chapter 11 is the fact that the “rules of engagement” are well-known by the sophisticated players, and the Bankruptcy Code and an extensive body of case law guide the parties.

Chapter 9 lacks much of this clarity, making it a scarier place for traditional funds to invest. 

MuniBK
(posted 1 day 21 hours ago)

You do not have to hire an attorney to file for bankruptcy; however, I would strongly recommend that you do so.  You do have the ability to fill out forms online or from an office supply company, go down to the clerk’s office and attempt to handle a Chapter 7 or Chapter 13 bankruptcy case+ Read MoreThe post Do I have to hire an attorney to file for bankruptcy? appeared first on David M. Siegel.

(posted 1 day 23 hours ago)

In re Jaussi, 488 B.R. 456 (Bankr. D. Colo. 2013) – A chapter 7 bankruptcy trustee requested court approval of a sale of vacant land to a bank that held a first lien on the property, with the sale to be “free and clear” of the junior liens of two judgment creditors.  Sounds reasonable, right?  The […]

(posted 1 day 23 hours ago)

how to file bankruptcyWe’re continuing down the road, helping you file for bankruptcy.
You can do it yourself.
You can hire a petition preparer.
Or you can hire a lawyer.
No matter which option you choose, it’s your responsibility for making sure your bankruptcy case is handled properly. After all, this is your future and your life we’re talking about.
And it all begins with the Petition.
The Bankruptcy Petition – Deceptively Simple
When you look at the bankruptcy petition, you see a three-page form filled with check boxes and blanks.
On the first page, you’ll need to complete the following information:

  1. Your name
  2. Your spouse’s name
  3. The last 4 digits of your Social Security number (don’t have a Social Security number?)
  4. Your residential address
  5. Your mailing address
  6. The county in which you live

This is all pretty easy, and chances are that you can breeze through it quickly and without too much trouble.
From there, the questions get more complex. For example.

(posted 2 days 3 hours ago)

The Council of Institutional Investors is urging the SEC to take action in response to news reports that Broadridge will discontinue its practice of providing voting tallies to proponents of shareholder proposals. It is unclear whether many were even aware that Broadridge was providing this information to shareholder proponents who used the company to distribute materials to investors.
Its letter urges the SEC to immediately end the “patently unfair and arbitrary change in practice” as well as to determine whether regulatory reform is necessary.  The letter indicates that Broadridge’s decision, the timing in particular, “raises deeply troubling questions about the fairness and impartiality of the proxy system,” a repeated theme throughout the brief communication. 
CII expands its outrage with respect to the availability of vote tallies by complaining generally about Broadridge’s near monopoly over proxy distribution, advocating for additional time to further consider proposed changes to the NYSE rules related to fees charged for distributing proxy materials.

(posted 2 days 3 hours ago)