Blogs

4 years 4 months ago

Sportskeeda reports that Social Gloves Entertainment may be filing for bankruptcy after failing to pay the fighters from the most recent Youtubers vs. TikTokers amateur boxing match. The headlining fight featured family vlogger Austin McBroom vs. TikToker Bryce Hall. Several other famous Youtubers and TikTokers went head to head in the boxing ring. Fans could watch their favorite social media stars fight by purchasing it via pay-per-view.
While some fighters & fans predicted the social media event would break pay-per-view records, Fight HubTV founder Marcos Villegas is claiming the event sold only 136,000 pay-per-view purchases.
Even more shocking, news just came to light that headliner Austin McBroom owns a majority of Social Gloves Entertainment. McBroom has been vocal about how the pay-per-views purchases are actually much higher than what is being reported. McBroom has not yet discussed the possible bankruptcy or the fact that none of the boxers have been paid yet.
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The post Social Gloves Entertainment Rumored To Be Filing Bankruptcy After Failing To Pay Fighters appeared first on Allmand Law Firm, PLLC.



4 years 4 months ago

Yahoo! Entertainment reports that TanaCon organizer, Michael Weist, filed for bankruptcy after his company, Good Times Entertainment organized the failed social media convention.
What Is TanaCon?
Entrepreneur Michael Weist took on the last-minute social media convention, TanaCon, a convention hosted by popular YouTuber Tana Mongeau. Mongeau created TanaCon after the popular social media convention VidCon refused to give Mongeau a “featured creator” pass, denying her personal security to protect her from mobs of fans. Upset with how VidCon treated her, Mongeau intentionally hosted TanaCon a few minutes away from VidCon on the same weekend. Mongeau marketed her event as completely free, with additional VIP tickets convention-goers could buy as well.
Resembling the infamous Fyre Festival, TanaCon was not what it seemed and left many people angry and demanding a refund. The convention was overbooked and many convention-goers who got tickets were unable to get into the venue, standing outside in the hot sun for hours.
When looking further into the mess of a convention, fans wondered if it was Weist’s fault, Mongeau’s fault, or a combination of both their faults. Both Weist and Mongeau completely blame each other and have continued to since the event occurred.
TanaCon Aftermath
After TanaCon, both Mongeau & Weist received plenty of backlash. The failed convention was heavily reported on by the YouTube community. There were even rumors of a class-action lawsuit against Weist & his company, Good Times Entertainment. Since then, Mongeau has been able to bounce back on YouTube unlike Weist, who had his reputation completely ruined and was forced to file for Chapter 7 bankruptcy.
Recently, Weist appeared on Dr. Phil to clear his name. A few of Weist’s former employees spoke on the show in an effort to support Mongeau. They said that Weist had been a terrible boss and TanaCon had been a mess since the beginning, citing it as Weist’s fault.
In addition to all the other accusations, Weist’s former assistant has now accused him of pocketing $35,000 in funds meant for a business venture and then filing for bankruptcy before paying him back.
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The post TanaCon Organizer, Michael Weist, Files Chapter 7 Bankruptcy After Failed Convention appeared first on Allmand Law Firm, PLLC.



4 years 5 months ago

Supreme Court Says Being Listed as a Terrorist is ‘No harm.’ Last Friday, in a case called TransUnion v Ramirez, the Supreme Court said the Fair Credit Reporting Act cannot give you the right to sue TransUnion for putting your name on their OFAC terrorist warning list. Led by Justice Brent Kavanaugh, a 5 to […]
The post Supreme Court Says Being Listed as a Terrorist is ‘No harm.’ by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.


4 years 5 months ago

Supreme Court Says Being Listed as a Terrorist is ‘No harm.’ Last Friday, in a case called TransUnion v Ramirez, the Supreme Court said the Fair Credit Reporting Act cannot give you the right to sue TransUnion for putting your name on their OFAC terrorist warning list. Led by Justice Brent Kavanaugh, a 5 to […]
The post Supreme Court Says Being Listed as a Terrorist is ‘No harm.’ by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.


4 years 2 weeks ago

Supreme Court Says Being Listed as a Terrorist is ‘No harm.’ Last Friday, in a case called TransUnion v Ramirez, the Supreme Court said the Fair Credit Reporting Act cannot give you the right to sue TransUnion for putting your name on their OFAC terrorist warning list. Led by Justice Brent Kavanaugh, a 5 to […]
The post Supreme Court Says Being Listed as a Terrorist is ‘No harm.’ by Robert Weed appeared first on Northern VA Bankruptcy Lawyer Robert Weed.


4 years 5 months ago

AP News reports that every year, only a fraction of Americans that need financial help file for bankruptcy. 14% of U.S households need financial help but only 1% of them file for bankruptcy. Many wonder why these households are not getting the financial help they need. Bankruptcy attorneys have a simple explanation: bankruptcy is a taboo subject. The fear of bankruptcy, the lack of education about bankruptcy, and the fact that many individuals think that this is the start of a difficult time and not an end to one, are all reasons why people disregard the idea of bankruptcy when dealing with financial troubles.
From The Article:

“Too often, people drain retirement funds or other assets that would be protected in bankruptcy to pay debts that will ultimately be erased, she says. Putting off bankruptcy also can make it harder to come up with the $1,500 needed to file a typical case.”

Bankruptcy attorneys want Americans to know that bankruptcy is not the end of your freedom. It’s an opportunity for people to start over.
Information about bankruptcy that everyone should know:

  • You won’t lose everything
  • You can get credit again
  • Those who have a successful bankruptcy don’t wait until the last second

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The post The Taboo Of Bankruptcy Holds Americans Back From Financial Freedom appeared first on Allmand Law Firm, PLLC.



4 years 5 months ago

Reuters reports that the previous billionaire owners of Brooks Brothers are being sued for driving Brooks Brothers into the ground rather than selling it in order to avoid paying millions of dollars to one of their investors.
The investor, Tal Apparel, claims Claudio Del Vecchio and his son Mateo pressured Tal Apparel to invest $100 million and that Tal would be made whole if they later sold Brooks Brothers for less than $652 million.
Tal Apparel also states that Del Vecchio lined up several bids for Brooks Brothers but did not pursue any of them because then they would have to owe Tal Apparel money. Instead, Del Vecchio filed Chapter 11 bankruptcy making Tal’s investment worthless.
In this lawsuit, Tal Apparel is asking for $100 million in damages. According to Forbes, the Del Vecchio family is worth $27.9 billion.
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The post Brooks Brothers’ Previous Owner Sued Over Bankruptcy appeared first on Allmand Law Firm, PLLC.



4 years 5 months ago


The 8th Circuit Bankruptcy Appellate Court (BAP) has issued a new opinion baring excessive attorney fees involved in the use of bifurcated fee arrangements in Chapter 7 cases. See In re Allen, No 20-6023.
The United States Trustee, the agency that polices bankruptcy cases, objected tot he excessive attorney fees charged by William Riding in two chapter 7 cases filed in Missouri.
The attorney offered his clients two payment arrangements:

  • $1,500 for a traditional chapter 7 case where all fees are paid before the case is filed.
  • $2,000 fee payable in 12 monthly installments after the case was filed.

Both debtors chose second option to pay fees after the case was filed.
BANKRUPTCY LOANS: FRESH START FUNDING LLC.
In both cases the attorney used a company called Fresh Start Funding LLC to finance the case. Under the Fresh Start program the attorney was paid $1,500 for each case and he sold his unpaid receivable to Fresh Start to collect from the debtor in monthly payments.  Fresh Start would earn $500 for financing each case over 12 months.
Essentially, the debtor is taking out a $1,500 loan with an effective interest rate of 57%.
REASONABLENES OF ATTORNEY FEES
The bankruptcy court found that both chapter 7 cases were relatively simple and routine. No complex issues were involved and both debtors received a discharge of their debts.
Since the attorney performed the exact same duties in these bifurcated fee arrangement cases as are performed in a traditional pay-upfront case, the court deemed the extra $500 charge excessive. The Bankruptcy Appellate Panel agreed and denied the extra $500 finance charge but allowed the attorney to be paid the standard $1,500 fee.
THE GLARING FRAUD NOT ADDRESSED BY THE COURT: THE AUTOMATIC STAY VIOLATION
What completely amazes me about this opinion is why the court did not address the obvious fraud this fee arrangement involved:

On May 21, 2020, Mr. Ridings filed a chapter 7 petition and creditor matrix on behalf of Mr. Allen. The schedules, statement of financial affairs, and disclosure of attorney’s fees were filed forty-four minutes later. Mr. Allen received his discharge September 23, 2020.

Forty-four minutes later!!  The Schedules, Statement of Financial Affairs, and the Means Test were filed forty-four minutes later??
What this means is that all of these forms were actually prepared BEFORE the case was filed. This fee arrangement in the Allen case was clearly a fraud.
The entire concept of a bifurcated fee arrangement is that this work is prepared  AFTER the case is filed. That is why attorneys, in theory, are allowed to be paid after the bankruptcy is filed.  Attorneys are allowed to collect post-petition payments because the bulk of the legal work is supposedly performed after the case is filed. But in this case ALL the work was obviously prepared before the case is filed since it was filed only 44 minutes later.

Why should this attorney be allowed to collect a dime for services that were clearly prepared pre-petition?

Why did the 8th BAP not discuss this obvious fraud and automatic stay violation? Why should this attorney be allowed to collect a dime for services that were clearly prepared pre-petition?  How is this not a violation of the bankruptcy stay that prohibits the collection of payments for services rendered pre-petition?
MESSAGE TO FRESH START FUNDING: YOU WILL NOT BE PAID, GO AWAY
The message to Fresh Start Funding and other bankruptcy fee lenders is clear: You will not be paid in the 8th Circuit (which includes Nebraska, Iowa, Missouri, South Dakota, North Dakota, Minnesota, Arkansas and Oklahoma bankruptcy courts.)
In these cases the debtor got what they needed–an affordable payment plan to file bankruptcy. The debtor’s attorney got paid $1,500 which is his standard fee. But Fresh Start Funding will not be allowed to collect the $500 financing fee.  In other words, get lost, you won’t be paid in the 8th Circuit.
A case is pending in the Nebraska bankruptcy court on this exact issue, and it is now abundantly clear how the Court will rule.
 
Image courtesy of Flickr and Rachel Kramer Bussel
 
 


4 years 5 months ago

The Hollywood Reporter reports that just months after having to close two beloved locations, the Alamo Drafthouse has emerged from Chapter 11 bankruptcy and will be opening 5 new theaters within the next two years!
Back in March 2021, the Alamo Drafthouse had to file for bankruptcy. Just three months later, the chain now has plans to open several new theaters in Manhattan, Staten Island, D.C., Arlington, and St Louis.
From The Article:

“’We’re so thrilled to be reopening theaters across the country and welcoming back audiences for an unparalleled moviegoing experience with films we’ve been eagerly awaiting for over a year now,’ Alamo Drafthouse CEO Shelli Taylor said in a statement.”

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The post Alamo Drafthouse Back After Successful Chapter 11 Bankruptcy appeared first on Allmand Law Firm, PLLC.



4 years 5 months ago

 
What Debts can a debtor discharge in Chapter 7 bankruptcy filing? A recent article in the American Bar Association Journal discussed a disbarred attorney who attempted to file chapter 7 bankruptcy to discharge the debts he owed to the State  Bar Association for restitution to clients. The article and the decision can be found at https://www.abajournal.com/news/article/disbarred-lawyer-cant-discharge-debt-he-owes-state-for-reimbursing-his-ex-clients-bankruptcy-judge-says?utm_source=maestro&utm_medium=email&utm_campaign=weekly_emailIn that case, the Bankruptcy Judge held that the disbarred lawyer's restitution obligations were fines, penalties, or forfeitures payable to and for the benefit of a government unit and non dischargeable under section  § 523(a)(7) of the Bankruptcy Code.
What debts are dischargeable in chapter 7 bankruptcy? Clients and attorneys representing debtors often ask us this question.As many readers know Bankruptcy is a code-oriented area of the law and the sections  pertaining to a debtor's discharge are 523 and 727 of the Bankruptcy Code. Similarly to the analysis in the disbarred attorney case discussed above, an experienced bankruptcy attorney needs to understand the facts regarding a debt and how that debt would be characterized or treated under Section 523 and 727 of the Bankruptcy Code.What types of debts are generally dischargeable?Business and consumer loans, guaranties and good guy guaranties, credit card debt, medical bills, store purchases, phone bills, mortgage debt and car loans (providing that the debtor surrenders the collateral securing those loans)
What debts generally are non dischargeable?Recent taxes, trust fund taxes such as sales tax, alimony or child support, fines or penalties owed to a government agency,  injury caused from drunk driving or driving while under the influence of drugs
Anyone with questions about which debts are dischargeable in chapter 7  bankruptcy should contact Jim Shenwick   212 541 6224  [email protected] 


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