The well-known pizza chain Sbarro LLC, and its numerous related entities (“debtors,” collectively), filed for Chapter 11 bankruptcy protection in the United States Bankruptcy Court for the Southern District of New York on March 10, 2014. A motion filed by debtors for joint administration of the cases was granted on March 12, and the case has been assigned to the Honorable Martin Glenn.
Both assets and liabilities in the case are listed to be between $100 million and $500 million. Between 1,000 and 5,000 creditors are estimated to exist, with various lease obligations constituting the bulk of debtors’ unsecured debt. However, Vistar Corporation, a trade creditor, holds the largest unsecured claim at approximately $540,000.
According to debtors’ pre-packaged reorganization plan, debtors propose to classify claims in the following manner: (1) Other Priority Claims; (2) Other Secured Claims; (3) Prepetition Secured Lender Claims; (4) General Unsecured Claims; (5) Intercompany Claims; (6) Equity Interests in Sbarro Holdings, Inc.; and (7) Intercompany Interests. The pre-packaged plan stipulates that classes (1), (2), and (7) will be “unimpaired.” Impaired creditors are those whose legal rights against the company are being changed by the reorganization plan. Usually, this means the plan calls for paying them less, and usually far less, than what they’re owed. Unimpaired creditors are those whose legal rights against the company aren’t changed by the plan
This is not the first time the debtors have turned to bankruptcy for relief. In April 2011, the rocketing prices of raw materials and declines in mall traffic (where many of debtors’ stores are located) forced debtors to file Chapter 11. Debtors’ emerged from bankruptcy having slashed debts from approximately $400 million to $130 million.
Most people bring a drivers license or passport and a social security card. Do not forget to bring these. The Chapter 7 Trustee will adjourn the hearing if you do not have proper ID. This will mean more lawyers fees for you and possibly having to ask for another day off of work. ORDER a duplicate SOCIAL SECURITY CARD if you have lost yours. A W-2 works too as long as it has your social security number on it. See entire list of acceptable id at this link.
I am in the process of incorporating an LLC for a client.
I am running across some basic information that people frequently ask me. Here is one of the first questions:
Do I need an EIN?
You need an EIN if you:
Started a new business
Hired or will hire employees, including household employees
Opened a bank account that requires an EIN for banking purposes
Changed the legal character or ownership of your organization (for example, you incorporate a sole proprietorship or form a partnership)
Purchased a going business
Created a trust
Created a pension plan as a plan administrator
Are a foreign person and need an EIN to comply with IRS withholding regulations
Are a withholding agent for taxes on non-wage income paid to an alien (such as an individual, a corporation, or a partnership)
Are a state or local agency
Are a federal government unit or agency
Formed a corporation
Formed a partnership
Administer an estate formed as a result of a person’s death
Represent an estate that operates a business after the owner’s death.
By: Katie Imler, Law Clerk
On May 21, 2013, Cooper-Booth Management Company, Inc. a full-line, full-service wholesale distributor for retailers and convenience stores, filed for a voluntary Chapter 11 bankruptcy in the Eastern District of Pennsylvania (Case No. 2:13-bk-14522). The company began in 1865 as Booth Tobacco Company in Lancaster, Pennsylvania. Being family owned and operated for three generations, Cooper-Booth has been recognized as one of the Top 20 leading convenience store wholesales in the country. Murton Margolis is Emeritus and Barry Margolis is President.
Cooper-Booth, located at 200 Lincoln West Drive, Mountville, PA 17554 listed assets of $500,000-$1 million and liabilities of $10-$50 million enumerating over 200 creditors . See summary of the docket here. Schedules are due June 4, 2013. The Debtor is represented by Aris J. Karalis and Robert W. Seitzer of Maschmeyer Karalis P.C., 1900 Spruce Street, Philadelphia, PA 19103. Cooper-Booth’s largest creditors include Maryland Comptroller of the Treasury-Alcohol & Tobacco Tax $7,438,500.00, PA Department of Revenue $3,330,768.00, New York State Department of Tax & Finance Division of Treasury $3,140,324.74, Delaware Division of Revenue $1,563,285.93.
The federal government has frozen the Debtor’s bank accounts while an investigation is pending to determine if one of the Debtor’s customers has been illegally smuggling untaxed cigarettes into New York. Basel Ramadan and his brother, Samer Ramadan, bought cigarettes from the Debtor Cooper Booth Wholesale Inc. using business fronts in Virginia allowing them to pay the $0.30/pack Virginia cigarette tax instead of the $4.35/pack cigarette tax in New York.
The two moved 20,000 cigarettes a week to the New York City area without paying the New York taxes, which cost the state approximately $80 million in taxes. See more on the story here.
The Debtor’s case was initially assigned to the Honorable Judge Eric L. Frank, but was reassigned to the Honorable Judge Magdeline D. Coleman. On May 22, 2013 Judge Coleman issued an order demanding timely filing of all Schedules. Judge Coleman also entered an order directing the joint administration of Debtors’ Chapter 11 Cases 13-14522 and 13-14521 pursuant to Bankruptcy Code § 1015(b), determining 13-14519 as the lead case. The Debtor’s second voluntary Chapter 11 bankruptcy was for Cooper-Booth Transportation Company, LP (Case No. 2:13-bk-14521), which listed $1-$10 million in both assets and liabilities. Most of the liabilities are for state and federal taxes.
The University of Pittsburgh Institute for Entrepreneurial Excellence Celebrates 20 Years of Empowering Local Entrepreneurs!
Founded in 1993 and run out of the University of Pittsburgh Joseph M. Katz Graduate School of Business, the University of Pittsburgh Institute for Entrepreneurial Excellence (IEE) began with a $300,000 grant and the mission of being the “innovative leader of economic renewal and growth serving enterprising people and businesses in the region.” In pursuit of this mission the IEE utilizes a dynamic approach of programs and services including monthly workshops, customized consulting, social initiatives, educational programs, professionally-led peer forums, and social events.
This dynamic program has led the IEE to grow to $3 million in annual revenue and the annual serving of hundreds of businesses through its seminars, customized consulting, and millions of dollars in raised capital and revenue. Last year alone the IEE served 824 businesses, helped create 39 startups, raised $10.7 million in capital, increased $14.4 million in revenue for clients, and educated more than 1,400 business leaders through 56 programs and seminars. (according to its 2012 Community Impact Report)
The IEE provides its services through its 8 institute centers and programs. These centers/programs consist of Agricultural Entrepreneurship, a 12-month Entrepreneurial Fellows Program, the Family Enterprise Center, the Information Technology Program, PantherlabWorks, the Small Business Development Center, Student Entrepreneurship program in conjunction with Katz School of Business, and the Urban Entrepreneurship Program. For more information about these programs please click here. To take advantage of one or more of these programs an individual or firm must become an IEE member. Membership includes benefits in addition to participation in IEE programs. For more information about membership please see the IEE’s membership brochure or contact the IEE’s membership director Shelley Taylor.
For more information about the IEE please visit their website at http://www.entrepreneur.pitt.edu.