Warm Southern Breeze

"… there is no such thing as nothing."

Posts Tagged ‘bankruptcy’

Remington Files Bankruptcy

Posted by Warm Southern Breeze on Monday, March 26, 2018

Remington Outdoor Company, formerly known as Remington Arms Company, LLC, is America’s oldest firearms manufacturer, and privately-owned by Cerberus Capital Management, announced February 12, 2018, that they intended to file Chapter 11 bankruptcy protection later this year. Cerberus will relinquish ownership once restructuring is completed. Their filing was done today, March 26, 2018.

Remington’s plan will allow them to reduce debt by $700 million of their $950 million debt, contribute $145 million of new capital into their subsidiaries, and $100 million in creditor-funded money as a debtor-in-possession term loan. Planning for the bankruptcy had been announced late 2017.

The company’s unaudited returns dated February 12, 2018, show net revenue of Read the rest of this entry »

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Former Alabama business owner convicted of defraduing employees & federal government

Posted by Warm Southern Breeze on Tuesday, January 29, 2013

Greed, avarice, theft… they’re all related to each other.

It begs the question, however, and that question is:

“How much is enough?”

Former CEO of bankrupt Adams Produce Co. enters plea agreement to fraud and other charges

By Kent Faulk | kfaulk@al.com
on January 29, 2013 at 4:43 PM, updated January 29, 2013 at 5:19 PM

BIRMINGHAM, Alabama – Scott David Grinstead, former chief executive officer of Adams Produce Company, today was charged with fraud against the now bankrupt company, failure to report a felony against the government, and failure to file federal income tax returns, federal authorities announced.

Grinstead, 45, who also today entered a plea agreement with federal prosecutors, is the second Adams Produce employee to be charged in a criminal probe of the long-time Birmingham-based company, which shut down after declaring bankruptcy last year.

Adams Produce was founded in 1903 by Edwin Calvin Adams. The Adams family sold the company to executives and a private equity firm in 2010.

Grinstead, under the terms of his plea agreement, is to pay $450,000 in restitution to the bankruptcy estate of Adams Produce for the benefit of the company’s employees who were not fully paid because of Adams’ abrupt closing and its filing for bankruptcy last year, according to a statement from U.S. Attorney Joyce White Vance, FBI Special Agent in Charge Richard D. Schwein Jr. and IRS Criminal Investigation Division Acting Special Agent in Charge Veronica Hyman-Pillot.

“This case involves the chief executive officer of a company who Read the rest of this entry »

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Hostess with the mostess? Try CEO with the mostess. Hostess executives attempted to deceive investors, creditors & legal system before filing bankruptcy.

Posted by Warm Southern Breeze on Monday, November 19, 2012

As the saying goes, It ain’t over ’til the fat lady sings.”

At this point, apparently, she’s not yet begun, although she is “in the house.”

And, from our “WTF?!?” files, comes this item:

In early February, Hostess had asked the bankruptcy judge to approve a sweet new employment deal for Driscoll. Its terms guaranteed him a base annual salary of $1.5 million, plus cash incentives and “long-term incentive” compensation of up to $2 million. If Hostess liquidated or Driscoll were fired without cause, he’d still get severance pay of $1.95 million as long as he honored a noncompete agreement.

The committee representing Hostess’s unsecured creditors alleges that information it has gathered suggests “the possibility” that the company converted a chunk of its top executives’ pay from performance-based bonuses to salary, “at least in part to sidestep” rules designed to ensure that companies in bankruptcy aren’t enticing their employees to stay on board with the promise of cash, according to documents filed with the U.S. Bankruptcy Court in White Plains, N.Y.

This solitary example is a wonderful one for illustrating what is WRONG with corporate governance and corporate operations in the United States. It’s an even more sad commentary that laws must be enacted to require people to do the right thing. At this juncture, the judge overseeing the Hostess Brands Inc. bankruptcy is doing precisely that.

Hostess and Bakers Union Asked Accept Strike Mediation

The judge overseeing Hostess Brands Inc. declined to approve the company’s liquidation today and asked management and the bakers’ union to enter mediation tomorrow to resolve the strike that the maker of Twinkies and Wonder bread said forced it to shut.

U.S. Bankruptcy Judge Robert Drain said at a hearing in White Plains, New York, that there are “serious questions as to the logic behind the decision to strike.” Hostess and the bakers’ union agreed to Drain’s request to enter confidential mediation under his supervision.

“To me, not to have gone through that step leaves a huge question mark over this case which I think will only be answered in litigation,” Drain said. “My desire to do this is prompted primarily by the potential loss of over 18,000 jobs, as well as my belief that there is a possibility to resolve this matter, notwithstanding the losses the debtors have incurred over the last week or so.”

Hostess CEO & executive pay outrageous

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Hostess hasn’t spoken with the Bakery, Confectionery, Tobacco Workers and Grain Millers International Union since August, said Heather Lennox, a lawyer for the company. Hostess is seeking permission from Drain to pay bonuses to key managers while closing operations that will leave most of its 18,500 workers unemployed. Any agreement arising from the mediation would probably come too late to save the company, Lennox said.

“Things have gone too far to repair themselves under the current form,” Lennox, a partner at Jones Day, told Drain. “It would be very hard for us to recover from this damage even if there were to be an agreement in the near term.”

‘Best Shot’

“Our best shot is to see what we can sell as going concerns and have the company continue that way,” she said. The hearing to consider Hostess’s request to wind down was postponed until Nov. 21.

Hostess said Nov. 16 that it would shut, claiming that a weeklong strike by the bakers’ union forced liquidation. The union blamed management’s concession demands, while some employees blamed both sides. Strikers were still outside the company’s facilities today, Hostess’s lawyers said.

Corrina Christensen, a spokeswoman for the bakers’ union, didn’t immediately respond to an e-mail seeking comment on the mediation.

Teamsters

The International Brotherhood of Teamsters, whose members distribute Hostess products, had ratified a new contract with 8 percent in wage concessions and 17 percent in benefit reductions.

“The Teamsters will closely monitor the mediation between the BCTGM and Hostess management and assist in any way we can to help the two sides reach an agreement that keeps the company’s doors open,” Ken Hall, the Teamsters general secretary- treasurer, said today in a statement.

The judge may be creating risk for both sides that encourages them to reach a deal, Ken Russak, a bankruptcy attorney at Frandzel Robins Bloom & Csato in Los Angeles, said today in an interview. “The bankruptcy judge would much prefer to have the parties work something out than having to Read the rest of this entry »

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Hostess Twinkies go Bye-Bye… for now. But why? Who’s to blame?

Posted by Warm Southern Breeze on Saturday, November 17, 2012

Who’s to Blame for the Hostess Bankruptcy: Wall Street, Unions, or Carbs?

By Jordan Weissmann

Try all of the above.

There are two important things to realize about this rather sad situation. First: Twinkie, Wonder, and all the other high-calorie marvels of culinary science Hostess sells aren’t going to disappear from shelves for good. One of its competitors will likely swoop in, buy them up, and restart production. So you can stop bidding on $100 boxes of Sno Balls on eBay.


Hostess Brands, the maker of Twinkie and Wonder Bread, is getting ready to bake its last corn-syrupy snack cake. After failing to win major contract concessions from one of its key labor unions, the beleaguered 82-year-old company has asked a federal bankruptcy court for permission to start liquidating its assets — or, in real person speak, begin the process of selling off pieces of the company to the highest bidder while laying off most of its 18,500 workers. (Reuters)

Second: This is not a simple story that anybody should try to slot neatly into their political talking points. It’s not just about Wall Street preying on Main Street, or big bad labor unions sucking a wholesome American company dry. It’s about an entire galaxy of bad decisions that will cost many people their jobs and money.

As David Kaplan chronicled at length for Fortune earlier this year, the roots of this debacle go back to when Hostess entered its first bankruptcy in 2004. Not unlike the situation automakers would find themselves in a few years later, the company was collapsing under the weight of flagging sales, overly generous union contracts replete with ridiculous work rules, and gobs of debt. But unlike the automakers, the five years Hostess spent trying to fix itself in Chapter 11 didn’t fix its fundamental problems.

Instead, they set the stage for its eventual demise. A private equity company, Ripplewood Holdings, paid about $130 million dollars to take Hostess private, and the company’s two major unions, the Teamsters and the Bakery, Confectionary, Tobacco Workers and Grain Millers International Union, sacrificed about $110 million in annual wages and benefits. But Read the rest of this entry »

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A Greece Fire; Thoughtful Commentary on Unthoughtful Commentary

Posted by Warm Southern Breeze on Thursday, May 13, 2010

A Greece Fire; Thoughtful Commentary on Unthoughtful Commentary

Having read Mr. Alex Tokarev’s commentary “My big fat Greek bonus” published online May 11, 12:49 PM at http://online.worldmag.com/2010/05/11/my-big-fat-greek-bonus/, I must admit that some of his concerns are, in part, well taken… however poorly expressed. Though he does not adequately support the case for fiscal prudence, the complaints he makes in general terms about fiscal prudence are well-deserved.

Though his straw man argument is inadequately defended, placing exclusive responsibility and blame upon Greek national officials for that nation’s crisis is insufficient, and certainly short sighted. However, his rambling, miasmatic complaints have not fallen upon deaf ears – although they may have fallen upon spirited ones. Excitement, however, must be directed toward a long-term objective, and it is the more broad scope which I think he ignores. While having the ability to direct the nation toward a long-term goal is laudable, he neither cites any governmental mandate. On the whole, after having read his opinion, one might wonder if he were doing little more than expressing infantile frustration, for he certainly offers no potential solution.

The Grecian debt crisis is not due exclusively to what he calls “the bursting of the statist bubble,” “welfare pyramids” or other descriptive pejoratives to describe Grecian governmental services and activities.

Though he decries “irresponsible lenders and borrowers” whom perpetuate “bankrupt political practices,” he attempts to correlate and demean both, describing what he calls a “strong culture of entitlement” as “a beast,” though he never specifically mentions any program, plan, office, group or person.

As colorful and passionate as he may feel about Greece’s problems, he failed to …Continue…

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Screw You and Your Family Too! -OR- The Battle of Wall Street: BIG BUSINESS v everybody else

Posted by Warm Southern Breeze on Tuesday, March 16, 2010

When you sell a thing, you no longer own it.

Right?

Not so in the make-believe world of Wall Street!

In the make-believe world of Wall Street, when you sell a thing, you STILL own it!

Huh?

Well, Lehman Brothers “sold” $50 BILLION of their assets, but kept possession of them, and made it appear as if they no longer owned them. Normal folks would consider that fraud, or theft. So does a U.S. Federal Bankruptcy Examiner.

Financial regulators in the United Kingdom are investigating bankrupt American Lehman Brothers for hiding more than $50,000,000,000 ($50 BILLION) in their accounts, through criminal transactions nick-named “repo transactions.”

What could you do with an extra $200 or so? …Continue…

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We promised to pay your retirement pension, but now, we won’t. Sosumi… you bastards!

Posted by Warm Southern Breeze on Thursday, March 11, 2010

For those “in the know,” “Sosumi” is the name of a computer sound which Apple Computer of Cupertino, CA created and has used for quite some time.

I love Apple Computer, well, not genuinely “love,” but have always believed them to be the best – bar none – computer operating system, superior in every way to Microsoft’s Windows OS. Folks used to say, “Oh, the Mac is good for graphics,” and other such nonsense, even when the Mac OS was in v7.x.

Today, I ask folks, “What’s the Internet all about?” Graphics, graphics, graphics, and media, media, media.

And still, some folks continue to use the infection-prone Windows. Oh well. Some folks never learn.

On to Sosumi.

If you’ve ever heard of the “Beatles,” (and who hasn’t?) you should be aware that …Continue…

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