The North Carolina Bankruptcy Information Blog

“This matter is serious and will cause problems at the job.”

Believe it or not this is exactly what collection representatives from California-based debt collection company, Rincon Debt Management, were asked to tell unassuming Americans each time they attempted to collect on back debts.

But based on a complaint filed by the Federal Trade Commission, often the debtor they were trying to pressure didn’t owe any money at all. In many cases either they had already paid back their debts or never had them to begin with. Unfortunately, some of these people were so afraid of the debt collector calls, they sent Rincon money anyway just to make these types of aggressive calls stop coming.…

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.…

We’ve talked a lot about the recent record-breaking Black Friday, but it was our nation’s President who instead promoted shopping on the second annual “Small Business Saturday,” a day (November 26) devoted to spurring growth and hiring in some of our country’s most hard-hit business sectors.

According to Reuters, “Promoting “Small Business Saturday”, the second annual event to help Main Street merchants in a tough U.S. economy, [President] Obama visited a local bookstore with Malia, 13, and Sasha, 10, in the diverse, upscale Du Pont Circle area of downtown Washington.

“This is Small Business Saturday so we’re out here supporting small businesses,” said Obama, standing next to Malia who was hugging an armful of books to her chest.…

Threats of a double-dip recession — a recession, followed by a short-lived recovery, followed by another recession — permeated the headlines in 2011, at a time when there were plenty of signs that this second coming of an economic downturn had begun. Stagnate hiring, a paltry job market and plummeting real estate prices, as well as low consumer confidence, all made another financial reckoning feel less like a fiction and more like a reality.

But did this double-dip economic climate put the freeze on one of the country’s most popular purveyors of subzero sweets?

Such seems to be the case with the recent bankruptcy of Dippin’ Dots.…

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.…

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.…

Three years back, Iceland’s entire financial system collapsed and despite being unable to bail itself out of its economic troubles on its own, the country is already recovering quickly and strongly.

As a result, there are valuable lessons anyone considering bankruptcy here at home (or even other countries) can learn from the this spate of Icelandic insolvency and what the Nordic nation ultimately did to solve it and emerge stronger than ever.

Iceland’s total financial collapse in 2008 culminated in all the banks and savings institutions — even insurance companies — going bankrupt in a day.

Neverthless, three years on, the President, Olafur Ragnar Grimmsen tells Marketplace that Iceland is doing better than ever.…

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.…

If you’re like so many Americans experiencing tough economic times, you may feel completely overwhelmed by your current financial situation and unsure as to what options actually exist to alleviate it. Maybe you’ve been unable to modify your mortgage, hit with the costs of an unexpected medical situation, dealing with high interest credit cards or are navigating through the pitfalls of unemployment or underemployment with little understanding of how to pull yourself out of the subsequent a financial hole.

At times like these it’s often important to get “back to the basics,” separating fact from fiction in order to make an informed decision that can get you back on track for a better financial future.…

@font-face { font-family: “Times”; }@font-face { font-family: “ＭＳ 明朝”; }@font-face { font-family: “Cambria Math”; }@font-face { font-family: “Georgia”; }p.MsoNormal, li.MsoNormal, div.MsoNormal { margin: 0in 0in It’s that time of year again: baseball season. The smell of freshly-cut grass, the crack of the bat, the seventh inning stretches to the sound of the organ and the smell of a hot dog.

It’s also time for another great bankruptcy metaphor.

A personal bankruptcy can be just like a baseball game. Bankruptcy is ultimately an adversarial process during which there are many players on the field competing to achieve a fair and balanced result.…

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.…

It’s that time of year again: baseball season. The smell of freshly-cut grass, the crack of the bat, the seventh inning stretches to the sound of the organ and the smell of a hot dog.

It’s also time for another great bankruptcy metaphor.

A personal bankruptcy can be just like a baseball game. Bankruptcy is ultimately an adversarial process during which there are many players on the field competing to achieve a fair and balanced result. In the process, it’s important to understand all you can about each one—including their individual roles—in order to feel confident that you can win the game.…

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.…

It may seem strange, the whole prospect of turning a timely tax return into a bankruptcy, but in a nation currently dealing with a healthy debt load, the whole idea that half of Americans get some form or return, comes at a good time for those looking to pay down those debts, or, better yet, find a longer-term solution for their cash-strapped situation.

And so, with tax deadlines just around the corner, and with millions of people just like you expecting returns, if not significant refunds averaging several thousand dollars, some of you may consider using this money for luxury items or a start on a pretty, new car.…

In the wake of the lingering real estate reckoning, skyrocketing foreclosure rates, and high unemployment and underemployment, folks all across the U.S. had a lot to complain about in 2010. But last year’s well publicized economic troubles were matched by less-reported consumer outrage at a range of financial and privacy concerns sweeping the nation.

In an attempt to get at what’s really getting under the skin of average Americans, the Federal Trade Commission recently released a report of the top consumer complaints it received in 2010.

So, without further adieu, the countdown of top ten consumer complaints in 2010 includes:

#10 – Credit cards: This old standby on the consumer pet peeve list made the top ten despite new protections imposed by the 2009 Credit CARD Act, with well over 30,00 complaints filed about problems with plastic.…

In this additional online accompaniment to the Law Offices of John T. Orcutt website, we strive to cover much of the latest bankruptcy news as well as offer an insider’s guide of the ins and outs of the bankruptcy process. This includes a wealth of pre-bankruptcy considerations, a look at the intricacies of a bankruptcy filing, and sure-fire post-bankruptcy steps to get you back on the road to more financially-rewarding future.

But if you’re considering the benefits of bankruptcy for the very first time, there’s never been a better opportunity to get back to basics, with a simple overview of common bankruptcy law terminology that’s helpful to make any filing seem less daunting or confusing.…

The Best of National Consumer Protection Week: Part Five: Avoiding International Scams

To commemorate the Federal Trade Commission’s annual National Consumer Protection Week (March 6 – 12, 2011), the FTC is providing a budget-load of handy-dandy information designed to protect your money, your credit, and your overall post-recessionary financial future. So whether you’re rebuilding your economic life post-bankruptcy, or simply trying to speed up your savings, the NCPW blog can yield a wealth of resources exactly at a time when average Americans need a financial infusion, including information about:

• Avoiding foreclosure rescue and other mortgage-related scams;
• Knowing how to spot employment opportunity scams;
• Making the most of your money in the early stages of your career;
• Building and maintaining a budget to improve financial stability;
• Avoiding time-share and credit-card scams offered via text messages; and
• Learning what steps to take to save your home from foreclosure.

…

Chicago’s own Giordano’s, one of the most popular purveyors of stuffed pizza, is filing for bankruptcy protection.

It’s not unusual to hear of any business filing for bankruptcy in these tough economic times. During the Recession, less consumer demand and fewer customer orders often caused a rise in inventory, losses in sales margins, and high debts with no solution other than going out of business or restructuring via a Chapter 11 bankruptcy.

But for a culinary institution like Giordano’s, the story was different. As The Chicago Times put it, “It wasn’t the pizza, it was the real estate.”

It turns out that throughout a five-year period during which many other restaurants lost business, served fewer customers, and eventually were forced to close shop, Giordano’s had actually thrived.…

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.…

To commemorate the Federal Trade Commission’s annual National Consumer Protection Week (March 6 – 12, 2011), the FTC is providing a budget-load of handy-dandy information designed to protect your money, your credit, and your overall post-recessionary financial future. So whether you’re rebuilding your economic life post-bankruptcy, or simply trying to speed up your savings, the NCPW blog can yield a wealth of resources exactly at a time when average Americans need a financial infusion, including information about:

• Avoiding foreclosure rescue and other mortgage-related scams;
• Knowing how to spot employment opportunity scams;
• Making the most of your money in the early stages of your career;
• Building and maintaining a budget to improve financial stability;
• Avoiding time-share and credit-card scams offered via text messages; and
• Learning what steps to take to save your home from foreclosure.

…