The North Carolina Bankruptcy Information Blog

The days between Thanksgiving and Christmas had many people wondering where America’s lingering financial issues went as millions of shoppers returned to our nation’s stores, malls and gallerias en masse to take advantage of extreme sales (and savings) and, in doing so, generated the most successful Black Friday for retailers ever.

A new report found that, in fact, retailers seduced shoppers at record rates despite the sluggish economy. “The 3.4 percent increase in same-store sales reported by Thomson Reuters was better than expected — an optimistic sign in an ailing economy. Still, it’s unclear how often people will shop in the upcoming year, a factor that will depend more on whether they find jobs than on how much retailers innovate or drop prices.…

In a classic case of what goes up, must come down, the world’s forth largest airline is now seeking the safe havens of bankruptcy so that it might once again be “something special in the air.”

According to Reuters, American filed for Chapter 11 bankruptcy protection this week “to cut labor costs in the face of high fuel prices and dampened travel demand, capping a prolonged descent for what was once the largest U.S. carrier.”

Apparently, the U.S. company “which employs about 88,000, has been mired for years in fruitless union negotiations, complaining that it shoulders higher labor costs than rival domestic and foreign carriers that have already restructured in bankruptcy.…

In what is becoming a “developing” story, financial news outlet Bloomberg is reporting that Eastman Kodak Company is currently weighing the benefits of a bankruptcy filing. The 131-year-old U.S. camera company recently hired law firm Jones Day for restructuring advice, the Wall Street Journal reported. Long known for its wide range of photographic film products, Kodak had recently tried to turnaround years of dramatic declines by refocusing on the major markets of digital photography, digital printing and its planned sale of 1,100 digital imaging patents, which the company said accounted for about 10 percent of its total patent portfolio.

According to Bloomberg, insiders at the multinational company say it is still weighing its options, including a bankruptcy filing, to expedite the sale of its lucrative patents.…

For many recent graduates from colleges and universities all across the country, any job must feel better than no job at all. Shortly after graduation in May 2011, thousands of grads from Washington State to UNC-Wilmington, turned their back on student life and turned back on their computers only to begin their first official job searches—sending out e-mail-loads of resumes in what would become for many a months-long search for work….any work.

Once the summer had started in earnest many of this newly-minted workforce found that they had applied for dozens, if not hundreds of positions, only to hear back from a handful of potential employers, most of whom would likely reject them about as quickly as these same students were running through their bank accounts, savings, leftover student loans or whatever their parents could provide, during only the very beginnings of what would become an entire season of  just job searching.…

When President Obama released his eagerly anticipated $45 billion jobs plan last week, many economists were quick to criticize the efficacy of the strategy’s payroll tax cuts.

But many small business owners across the country are praising the plan, saying that these exact incentives would allow them to immediately hire a number of workers they’ve been needing for months, if not years, but formerly had no way of subsidizing.

This news comes as small business is facing a far from booming economic environment, amid ongoing debates about the debt ceiling which have stymied any stimulus from Congress, consumer confidence plunges and many projects drying up in all sectors.…

Local Businessman Files for Chapter 11 Bankruptcy (And You Can Too)

A North Carolina businessman recently filed sought the safe havens of a Chapter 11 bankruptcy after being hit with two civil complaints in the past year, based on a recent story by the Johnston County’s The Herald. According to the paper, “The Dueas filed for bankruptcy protection on April 29 – about two weeks after a Smithfield cardiologist sued Jody Duea. Dr. Frank Wefald, owner of Millenia Cardiovascular, leases office space in Neuse River Commons. According to the doctor’s civil complaint, Jody Duea managed Millenia’s finances and Wefald’s personal accounts as Wefald’s office manager from February 2009 to September 2010.…

These summer months are shaping up (again) to be tough times for recent college graduates. This latest round of job seekers continues to face high unemployment and mounting debt. So what happens when these poor economic conditions coincide with payment deadlines for sometimes astronomical educational loans? One word: defaults. In the end, this feeling of financial helplessness leaves many recent grads reeling, and rightfully so, in an economic climate may mean they will never be as successful or financially secure as their parents.

According to a recent article in The Huffington Post, chronicling graduates’ search for better jobs (albeit without hope for a better future), this recent post-recessionary phenomenon may signify a broader trend.  “Historically, college graduates weather periods of economic recession better than their less-credentialed counterparts.…

Arts and cultural organizations are not immune to the economic impacts of the recent Great Recession. Falling attendance and rising costs of real estate, overhead and administration marked the decline of many museums, galleries and theatrical venues in recent years.

This same scenario appeared to be problem for the Philadelphia Orchestra, long considered one of the best in the country. This month, the world-renowned group filed for Chapter 11 bankruptcy protection—an apparent first in recent history for a major American orchestra.

According to a report by The Huffington Post, “Board chairman Richard Worley said members made a nearly unanimous vote Saturday to file for reorganization in a federal bankruptcy court in Philadelphia after a “long meeting, thoughtful meeting, emotional meeting.…

Not that long ago, green industries like ethanol producers were on par to make a ton of greenbacks, capitalizing on the needs of a public clamoring for cleaner and less costly alternatives to fossil fuels and rising gasoline prizes. But fast forward to 2011, a time when corn prices have more than doubled while ethanol prices refused to keep pace proportionally with these rises in corn prices.

This economic imbalance became a recipe for disaster for North Carolina’s first-ever ethanol plant, Clean Burn Fuels, causing the company to close in early March and file for Chapter 11 bankruptcy this week. The company, founded in 2005, filed for Chapter 11 according to a company statement “to preserve its assets while creating a plan to emerge from bankruptcy protection in late summer or early fall.” “By that time, the new corn crop will be available, thus providing more clarity regarding the relative levels and stability of corn and ethanol prices,” continued the company statement.…

With the resurgence of the nation’s rabid appetite for news and information, the emergence of online shopping, and the advent of e-readers, with their promise of any book, any time, anywhere, as well as cheaper pricing, shoppers are now abandoning bookstores like Borders and Barnes & Nobles as they did music stores more than 10 years ago. Despite these troubles, however, the news isn’t all bad for companies like Borders, willing to seek the safe havens of a Chapter 11 bankruptcy.

This week a bankruptcy judge refused to throw the proverbial book at well-known retailer, Borders. This news comes as the nation’s number two bookseller attempts to reorganize so it can emerge from bankruptcy protection a smaller and profitable company.…

The publishing industry is undergoing some pretty dramatic changes in recent years, with many of these changes reflected in brick and mortar bookseller bankruptcies. And Borders Group Inc. (BGP) is likely the most recent victim of the increasing movement towards e-books and digital media.

According to The Wall Street Journal, the Ann Arbor, Michigan-based national chain which made its major imprint with physical shelf-space for literary best-sellers and popular music CDs, is set to file for bankruptcy this week. With its Chapter 11 bankruptcy, Borders will likely close more than 600 stores nationwide and lay off thousands of its nearly 20,000 employees as it attempts to restructure to become more competitive with online retailers like Amazon.com and more nimble book retailers like Barnes and Noble.…

Amid a 2010 marred by some of the highest foreclosure rates ever recorded, came the news that many of the nation’s largest mortgage lenders had been forced to suspend foreclosure proceedings following charges that these same “mega mortgage-holders” rushed the recordation process by forcing thousands of borrowers from their “home sweet homes” without the appropriate documentation to do so.

Well, welcome to 2011, a year when many experts believe nationwide foreclosures will reach their peak, just as state courts are finding themselves tasked with determining whether many of these actions are the result of banks jumping the proverbial gun on the foreclosure process.…

Business insiders and industry experts are all aflutter after last week’s US Bancorp v. Ibanez decision in which Massachusetts’ highest court found that Wells Fargo and US Bancorp had no right to seize the homes of two delinquent borrowers since neither financial institution could prove they legally owned the mortgages at the time they foreclosed. This holding could have far-reaching impact on the foreclosure process nationwide—for some, symbolically rejecting the very predatory foreclosure practices that have forced millions of families from their homes during the lingering financial crisis.

And while analysts like Joshua Rosner of NewYork-based research firm Graham Fisher & Co., called the ruling “a landmark” and predicted it would “open the floodgates to more suits in Massachusetts and strengthens cases in other states,” this seemingly borrower-friendly precedent could seriously threaten the broader economy’s ability to dig itself out of the muck of a seemingly unending housing crisis caused by unresolved foreclosures.…

Are you feeling too broke to break out of debt? Too often, Americans just like you, already suffering under the intense strain of rising mortgage costs, consistent credit card debt, mounting medical bills, employment woes, and other blights on their bank accounts, are also suffering under the misconception that an experienced bankruptcy attorney is, for them, financially out of reach.

Well, it’s finally time to halt the hesitation, dismiss the deterrents, and suffer no more; because, in fact, the opposite can be true in the world of bankruptcy law. Days, weeks, and months wasted without speaking to a qualified bankruptcy expert like those at The Law Offices of John T.…

Serious debt happens to most people before they realize it. Even though it’s always there, only when the income stops do the debt obligations get really noticed. And in a recession like the one that has plagued our country for the last three years, loss of income is a common thing.

Bankruptcy can serve as a lifeline for those who finally reach the point where decisions have to be made about which bills get paid. Lately, it seems as if a lot of people are choosing their credit cards and utilities over their mortgages, as “strategic defaults”—people purposely not paying their mortgage—are on the rise.…

With many experts predicting a protracted economic malaise with imperceptible growth and stubbornly high joblessness, bankruptcy filings appear to be in true recession-era form, rising in recent months, and, according to many analysts, increasing with no end in sight. In fact, during early summer, the American Bankruptcy Institute (ABI) validated these fears, reporting that personal bankruptcy filings increased in 2010 compared with only one year ago.

As bankruptcy figures continue to rise, many critics are charging insolvent Americans—seeking shelter from personal bankruptcy—as being responsible for raising interest rates, cutting consumer confidence and retail sales, and outfoxing creditors while other, less indebted Americans are required to pick up the slack…and the tab.  In reality, though, Americans who have filed for bankruptcy are in many ways saving all of us money.  And you could too, while also saving yourself years of bills, harassment and stress.…

Political satirist P.J. O’Rourke once said, “Politicians are interested in people. Not that this is always a virtue. Fleas are interested in dogs.”

This quote could be said to ring true today as ever, since not yet a week after the Obama Administration pushed for more economic stimulus spending meant to benefit “the people,” Congress refuses to act, distracted by election-year anxiety about the deficit.

According to this weekend’s The Washington Post, “Congress has delivered only about a quarter of the $266 billion in “temporary recovery measures” the president sought in his February budget request and ignored much of the rest.…

A number of good things have emerged from the economic situation of the last several years. Recently enacted credit card reform will hopefully change the way we are treated by the industry responsible for so much of our country’s collective personal debt.

Mortgage modification, even with all its warts and scars, should eventually become an industry with real benefits to struggling homeowners. The quick roll out of federal plans and the pressure on banks to quickly create similar programs obviously led to a lot of frustrations. Still, when things iron themselves out, consumers stand to benefit.

Another recent instance of positive regulation has stemmed from the offices of the Federal Trade Commission (FTC).…

If you’ve ever tuned in to reality television shows like “Operation Repo,” or the like, you may see repo men (and women) as a bloodthirsty lot, who’ll stop at nothing and use any means necessary to take back cars and trucks, and even boats and planes. In recent episodes, it’s common to see delinquent debtors of all walks of life confronted, assaulted, and even pepper sprayed in an effort to repossess their past due property. While it might be argued that there’s more fiction this fact in these terse depictions of confrontational repossessions, it’s still a good idea to be prepared when repo men may come calling.…

For most recent college and post-college graduates, the hot summer months are a chilly reminder that student loan repayment deadlines are mere months away. These impending debts arrive at some of the toughest economic times ever for the newest round of job seekers, as the nation, and especially its youngest workers, continue to face record unemployment and mounting consumer debt. So what happens when poor economic conditions coincide with mandatory payback timelines for budget-busting student loans? Two words: loan defaults. Now, the countdown is on as many recent grads will soon exceed the 270-day window for paying back their educational debts, beginning a bad precedent for staying current in an economy that may or may not be heading into another recession.…