Monthly Archives: October 2013

“Dance Moms” Instructor Abby Lee Miller Files for Chapter 11 Protection: Public Disclosure of Private Facts

By: Justin A. Saporito, MAZURKRAEMER Law Clerk and Salene Mazur Kraemer

Salene’s Preface: I was in Bankruptcy Court last week in Pittsburgh and noticed Abby walking into Court.  (She is a stunning woman by the way and you can understand why she is on TV).  I had to ask myself, “How do I know her?”  I did figure it out pretty quickly.   I was surprised to see her on my turf (that is in the world of commercial bankruptcy) and was not aware that Abby had filed for Ch. 11.  My daughter is a dancer and I watch the show! 

Abigale Lee Miller filed for Chapter 11 relief on January 3rd, 2011.  The petition was filed in the United States Bankruptcy Court for the Western District of Pennsylvania under petition number: 10-28606 TPA and has been overseen by the Honorable Judge Thomas P. Agresti.

Debtor is better known as Abby Lee Miller, the host and instructor for the popular Lifetime reality television show Dance Moms.  The show follows a group mothers and their young daughters who are participating in the world of young competitive dance.  The show takes place in Pittsburgh, PA at the debtor’s studio, the Abby Lee Dance Company, and follows the ladies as they travel across the country to various competitions.  Dance Moms is currently holding open casting calls for its 4th season.

dance-moms-banner-85373The Abby Lee Dance Company was formed 27 years ago as a not-for-profit organization and is an audition only program.  It is located at 7123 Saltsburg Road, Pittsburgh, PA, 15235.  Debtor is also the owner of Reign Dance Productions, which shares the building with The Abby Lee Dance Company.

Debtor has declared approximately $325,500 in assets with approximately $356,500 in liabilities.   Thirty-four creditors are listed in the petition, with Chase Mortgage holding the largest unsecured claim in the amount of $50,000.   This debt is the unsecured portion of what appears to be a $200,000 undersecured mortgage on a home of Ms. Miller’s in Florida valued at $150k.   Ms. Miller’s dance studio has a $96,000 mortgage on it; the studio is valued at around $150,000  Ms. Miller owes about $27,000 in back taxes (which are unsecured priority claims).  Her unsecured debt only totals $32,000, many of whom are vendors for her business.

The Second Amended Disclosure Statement was approved on January 18th, 2013 and the Order Approving Disclosure Statement and Scheduling Hearing on Plan Confirmation was entered into on October 21st, 2013.  Please click here to for a copy of the order.  The debtor is represented by Donald R. Calaiaro of Calaiaro & Corbett, P.C.  The Confirmation Hearing to approve her Plan of Reorganization is set for December 12, 2013 at 1:30 p.m. EST.  Please click here for a copy of the Disclosure Statement.  A summary of the Chapter 11 plan can be found here.

Salene’s comment:   We purposefully do not often write blog posts about individual Chapter 11 cases (usually filed by very wealth individuals.  Most folks file a Chapter 7 or Chapter 13).  When a company or person files for bankruptcy,  I warn my clients that you are subjecting yourselves to a “financial autopsy”; you are making a public filing of all of your assets and liabilities.  So, information seekers can look up what your home is worth, what kind of car you drive,  how much credit card debt you have, whether you own a fur coat, how much your wedding ring costs, and whether you have any money in an IRA/401k.  Anyone can see how much money you have made in the last three years and they get to read what your monthly budget is for expenses.   While there are certainly benefits to the privilege of filing for bankruptcy, public disclosure of private facts is certainly one of the drawbacks.

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Philadelphia’s Marathon Grill Hits “The Wall” with a Chapter 11

By: Justin A. Saporito, MAZURKRAEMER Law Clerk

The entities in charge of the 1818 Market Street location for the Marathon Grill Philadelphia restaurant chain, 1818 Market Street Marathon Grill, Inc. and its general partner 1818 Market Street Marathon Grill Associates , filed for chapter 11 bankruptcy protection in the United States Bankruptcy Court for the Eastern District of Pennsylvania (Philadelphia) on October 9, 2013.  1818 Market Street Marathon Grill, Inc. is the corporate entity for the 1818 Market Street location and has been assigned to the Honorable Judge Magdeline D. Coleman under case number 2:13-bk-18861.  1818 Market Street Marathon Grill Associates, the partnership in charge of the location filed separately and has been assigned to the Honorable Judge Eric L. Frank under case number 2:13-bk-18863.  (Please click the hyperlinks for docket summaries).  Motions for Joint Administration of both cases were filed by each entity on October 9, 2013.  The debtors listed the same creditors with the exception that 1818 Market Street Marathon Grill, Inc. also lists NNN 1818 Market, LLC, the building management company in charge of 1818 Market St.

marathon-grill-950

The Marathon Grill began as a 10-seat hamburger restaurant in Northeast Philadelphia in 1984.  It eventually grew into a six location restaurant chain before shrinking back down to operating three locations at 1818 Market St., 19th & Spruce St., and 16th & Sansom St.  The bankruptcies affect the 1818 Market St. location, the largest of the three restaurants.  The filings were made in response to learning that the landlord intended to take possession of the restaurant space over an ongoing dispute over unpaid back rent and fees of approximately $540,000.

1818 Market Street Marathon Grill Associates declared assets between $500,000 and $1 million with liabilities between $100,000 and $500,000.  1818 Market Street Marathon Grill, Inc. declared assets between $50,000 and $100,000 with liabilities between $1 and $10 million.  The debtors entities are represented by Aris J. Karalis and Robert W. Seitzer of Maschmeyer Karalis P.C.  The bankruptcies do not affect the other Marathon Grill locations and the debtors have pledged that the 1818 Market St. location will remain open during the bankruptcy proceedings.

Salene: In my younger years as a lawyer at Weir & Partners LLP in Philadelphia (2002-2004), I used to grab many late dinners at the Marathon Grill location at Sansom Street.   It was hip, for sure.   What is the formula for sustainability in the restaurant industry?

Fairmont General Hospital of Fairmont, WV Files for Chapter 11 Protection

By:  Justin A. Saporito, MAZURKRAEMER Law Clerk

On September 3, 2013 Fairmont General Hospital, Inc. of Fairmont, WV and affiliate company Fairmont Physicians, Inc. (“debtors”) filed voluntary petitions for bankruptcy relief under Chapter 11 of the bankruptcy code with Fairmont General Hospital, Inc. as the lead debtor.  The petitions were filed with the United States Bankruptcy Court for the Northern District of West Virginia with the assigned case numbers 1:13-bk-01054 and 1:13-bk-01055 respectively.  The cases were assigned to the Honorable Judge Patrick M. Flatley (who is originally from Salene’s hometown of Weirton by the way) and consolidated (by debtors’ request) under case number 1:13-bk-01054.

fghThe Debtors’ Chapter 11 Plan and Disclosure Statement are due by January 2, 2014.  Schedules A-J were originally due on September 17, 2013 as were a Statement of Financial Affairs, Statement of Operations, Federal Income Tax Return, and other filings.  (Please see the docket summary for a complete list of due filings.)  At the time of filing, the debtors made multiple motions including motions to extend the time before the required Schedules and other would become due, maintain existing financial institutions and practices, pay pre-filing debts and obligations, and maintain utility services.  All of these motions were granted.  For a complete breakdown of the case please refer to the docket summary.  The Meeting of Creditors has been set for Thursday, October 31, 2013 at 10:00 AM.

Fairmont General Hospital (FGH) is a private, non-profit, community hospital that was originally founded in 1939.  FGH offers a variety of health services including surgical, rehabilitation, mental health, wellness/testing, emergency services, and more.   For a complete list of the services they offer please click here.

The debtors claim assets and liabilities between $10 and $50 million.  Notably, the debtors are currently seeking a strategic partner to take over its facility.  The debtors are represented by Rayford K. Adams, III of Spilman, Thomas, & Battle, PLLC.   Spilman, Thomas, & Battle, PLLC has seven offices spread across West Virginia, Pennsylvania, Virginia, and North Carolina with three of their offices located in West Virginia.

Fat Lady May Sing for the Last Time: The New York City Opera Files Chapter 11

By:  Justin A. Saporito, MAZURKRAEMER Law Clerk and Salene Mazur Kraemer, Owner

New York City Opera, Inc. filed a petition for Chapter 11 bankruptcy protection on October 3rd, 2013.  The petition was filed in the United States Bankruptcy Court for the Southern District of New York.  The case was assigned to the Honorable Judge Stuart M. Bernstein under case # 1:13-bk-13240.  Among the motions filed with the petition was a motion to authorize debtor to refund pre-paid tickets.  Please click here for a docket summary.

New York City Opera, Inc. was dubbed “The People’s Opera” by former NYC Mayor new_york_city_opera_zoom945Fiorello LaGuardia.  It has hosted and performed traditional and contemporary operas since its founding in 1943.  Debtor filed for Chapter 11 protection due to a projected $44.1 million deficit for 2012 and a combination of a troubled economy, decreased donations, and increasing pension obligations.  The debtor raised approximately $1.5 million from an online fund-raising campaign (Kickstarter), but required $7 million by the end of September in order to fund itself through the end of the year.  The board and management have begun necessary financial and operational steps to wind down the company with no plans to borrow in order to fund the 2014 season.

Debtor claims assets and liabilities of between $1 and $10 million and 93 creditors including New York City Ballet, Inc. and the New York City Dept. of Finance.  Please refer to the docket summary for a complete list of creditors.  The debtor is represented by Kenneth A. Rosen and Nicole Stefanelli of Lowenstein Sandler LLP.

Debtor's Attorney Nicole Stefanelli


Salene and NYC Opera Debtor’s Attorney Nicole Stefanelli

Salene had the privilege of hanging out with Nicole over the weekend in NYC.   Nicole and Salene had met at the American Bankruptcy Institute this past Spring.  They were also friends via Twitter.   Nicole said that this Chapter 11 filing has been published in newspapers all over the world.  She also said that her firm was doing the representation PRO BONO.  She will be handling first day motions on Thursday!

This will definitely be an interesting case to watch.

Rhinoceros Visual FX and Design Firm Files for Chapter 11 Bankruptcy in New York

By:  Justin A. Saporito, MAZURKRAEMER Law Clerk

On September 17th, 2013 Rhinoceros Visual Effects and Design LLC filed a VictoriaSecretsvoluntary petition for bankruptcy relief under Chapter 11 of the U.S. Bankruptcy Code.  The filing was made in the U.S. Bankruptcy Court in the Southern District of New York and assigned case number 1:13-bk-13016. (A summary of the docket can be found here. )  The case has been assigned to the Honorable Judge Stuart M. Bernstein under case number 1:13-bk-13016.

The Debtor is a Multi-Video Group/Gravity Company.  The Multi Video Group, Ltd. owns and/or is associated with various companies that are in the business of graphic and audio design and editing.  Internationally, The Multi Video Goup, Ltd. is associated with companies such as Gravity Post Production in Tel Aviv, Israel and Digital Renaissance in Oberhausen, Germany.  Rhinoceros Visual Effects and Design LLC is, as the name implies, a visual effects and design firm located at 315 Madison Avenue, 3rd Floor New York, NY 10017.  Debtor’s clientèle has included Victoria’s Secret Stores, LLC, a subsidiary of Limited Brands, Inc., and Six Flags Theme Parks, Inc. (sources: VS, Six Flags)

The Debtor claims assets between $100,001 and $500,000 and liabilities between $1 and $10 million.  It has listed 62 creditors including various individuals and companies such as Bell Technologies and Verizon.  For a complete list of creditors please click here.  Debtor is represented by Paul H. Aloe of Kudman Trachten Aloe LLP.  A Scheduling Order was signed on September 17th, 2013 scheduling the Initial Conference Hearing to be held on September 31st, 2013 at 10:00 AM.

The Chatham University: Center for Women Entrepreneurship, Assisting Women Entrepreneurs Since 2005

By:  Justin A. Saporito, MAZURKRAEMER Law Clerk

Founded in 2005, the Chatham University: Center for Women Entrepreneurship was founded in 2005 with the mission is to educate, create economic opportunities, and foster entrepreneurial thinking for women entrepreneurs and business managers in all stages of business and students.  Through the Center for Women Entrepreneurship (CWE), women entrepreneurs and business managers can take advantage of Chatham University’s resources and its more than 120 years of experience in education.

The CWE’s programs and services include the Small Business Basics cwe-logoWorkshop, the Women Business Leaders Breakfast Series, and the Annual Think Big Forum, and consulting services.

The Small Business Basics Workshops are geared towards women interested in starting their own business or expanding their current business.  At the workshops, industry experts discuss business planning, financing, bookkeeping, marketing, and legal issues pertaining to small business.

The Women Business Leaders Breakfast Series features prominent regional women business leaders speaking on a variety of progressive business topics.  Casual networking and a continental breakfast is followed by interactive presentations on topics essential for women in business such as innovative entrepreneurship, strategic business growth, unique marketing strategies, and logistical business planning.

The Annual Think Big Forum has been hosted by the CWE every year since its founding and has been growing every year.  Think Big hosts leading women business leaders and entrepreneurs such as CEOs and other executives from startups and established companies as speakers and panelists.

For more information about the Chatham University: Center for Women Entrepreneurship and its programs please visit http://www.chatham.edu/cwe/.