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September 222000

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September 22,
2000
 



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class=MsoNormal>GOP

Plans to
Attach Bankruptcy

Legislation to
Transportation

Bill, Violence
Against

Women
Act

As the
promised "sweetener"

and in an
attempt to

win more
votes, Republicans

want to attach
the bankruptcy

legislation
(H.R. 833

and S. 3046)
to the

transportation
appropriation

bill (H.R.
4475) and

intend to
attach the

Violence
Against Women

Act (VAWA),
according

to the
style='mso-bidi-font-style:

normal'>CQ Daily Monitor. Women’s groups are urging Democrats and
the administration

to defeat the
package

and several
Democratic

senators,
including

Sen. Charles
Schumer

(D-N.Y.), plan
to do

whatever they
can to

defeat it.
"The

idea that they
would

hold the
Violence Against

Women Act
reauthorization

hostage…and
that it

will go
through only

as part of a
bankruptcy

bill is an
outrage,"

said Joan
Entmacher,

vice president
and director

of family
economic security

at the
National Women’s

Law Center.
"I

think it
shouldn't move

anywhere and
we'll do

everything we
can to

stop it,"
Schumer

said. Sen.
Paul Wellstone

(D-Minn.) says
he will

keep in
contact with

the White
House and

urge a
veto.


class=MsoNormal>But

Republicans
are holding

steady. Senate
Judiciary

Chairman Orrin
Hatch

(R-Utah) said
the president

and other
Democrats

want the
bankruptcy

legislation
and the

VAWA bill and
now is

time to prove
what is

really wanted.
"We’re

not going to
just pass

bills that the
Democrats

want. We're
not going

to just pass
bills Republicans

want," he
said.

style='mso-spacerun: yes'>  "We're going to try to mesh them
together

so that both
of them

have some
support from

both sides and
we'll

do it in a
more bipartisan

way than it's
been done

in
years."


class=MsoNormal>Banking

Subcommittee
Pushes

for More
Disclosure

of Credit
Scores to

Consumers

Yesterday the
House

Subcommittee
on Financial

Institutions
held a

hearing on the
use of

credit scores
and the

push to allow
consumers

to have access
to their

scores. It was
determined

by the
subcommittee

that consumers
would

benefit from a
change

in the law.
However,

once consumers
have

access to the
numbers,

deciphering
the meaning

of those
numbers could

be confusing.
The subcommittee,

chaired by
Rep. Marge

Roukema
(R-N.J.), fully

agreed that
scores should

be disclosed
to consumers

and said that
although

"educated
consumers

are the best
consumers,

but they need
to understand

what they're
getting."


class=MsoNormal>Credit

card and
mortgage loan

decisions are
made on

the basis of
credit

score, yet
consumers

have no right
to review

their credit
scores,

and the Fair
Credit

Reporting Act
(FCRA)

does not
require that

credit bureaus
disclose

a credit score
with

a consumer's
credit

report. In
nearly 80

percent of all
mortgage

loan
decisions, the

credit score
is the

primary
determinant

on whether or
not a

consumer
receives the

loan or how
much their

interest will
be. Committee

members said
that if

consumers knew
their

score they
would know

which loans
they could

apply for and
at what

rates, thereby
saving

thousands of
dollars.

"By
providing consumers

with access to
their

credit score
and the

factors which
negatively

affect their
score,

we can help
consumers

improve—not
manipulate—their

credit
behavior,"

said Sen.
Charles Schumer

(D-N.Y.).


class=MsoNormal>But

raw numbers,
committee

members said,
won't

help consumers
because

no explanation
is available.

Rep. Harold
Ford Jr.

(D-Tenn.) said
his new

piece of
legislation,

H.R. 4644,
would amend

the Fair
Credit Reporting

Act, offering
"a

clear and
concise summation

of the risk
factors

which affected
a consumer's

credit along
with the

consumer's
credit report."

Consumers
would not

only receive
their credit

score, but
would also

receive a
breakdown

of what the
numbers

mean.


class=MsoNormal>All

members agreed
that

educating
consumers

about score
(who can

disclose the
score,

what
determines the

score and how
the report

is used) would
make

Americans
better consumers.

"As
consumers gain

more
information and

expand their
ability

to make their
own financial

decisions,
they are

relying more
and more

on their own
credit

to ensure
their financial

freedom,"
Ford

said. Roukema
concurred

and said,
"Educated

consumers are
better

consumers." Peggy

Twohig,
assistant director

for Financial
Practices

for the
Federal Trade

Commission,
said that

credit scoring
and other

automated
systems could

be of great
benefit

to consumers,
but also

noted that the
term

"credit
score"

might have
multiple

meanings.
"It is

important for
consumers

to understand
that they

have not been
simply

assigned one
universal

credit score
based on

information
contained

in their
credit report,"

she said.
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class=MsoNormal>Creditors

Join
Bankruptcy Proceeding

Against
National Finance

Two

more creditors
yesterday

joined an
involuntary

bankruptcy
proceeding

against
National Finance

Corp., the
Halfmoon,

N.Y., lender
that closed

its doors in
December,

according to
the Times Union. Fleet National Bank of Boston and Nationwide
Insurance

Co. of
Gainesville,

Fla., have
both filed

petitions in
bankruptcy

court to join
in the

bankruptcy
filed against

NFC last
month. Nationwide

Insurance
claims it

is owed $2,604
by NFC.

It could not
immediately

be determined
how much

Fleet claims
it is owed.

Rochester,
N.Y., attorney

Christopher
Schueller,

who is
representing

the bank,
could not

be reached for
comment.

SFX Sports
Group Inc.

of New York
City, First

American
Credco of Poway,

Calif., and
First American

Flood Data
Services

of Austin,
Texas, were

the original
creditors

to file
against NFC,

claiming they
are owed

more than
$600,000.

NFC employed
telemarketers

to sell
mortgage loans

to consumers
nationally,

including
people with

spotty credit
histories.

The company,
which had

been
experiencing financial

troubles,
failed to

find a buyer
and shut

down a few
days before

Christmas. NFC
also

has been
granted an

extension in
its response

deadline in
the matter.

The date,
which originally

was Aug. 31,
has been

pushed back to
Oct.

3.


class=MsoNormal>Hilco

to Close All
78 Golf

Day Stores

Hilco
Merchant Resources

LLC was
appointed as

agent by the
Massachusetts

bankruptcy
court to

dispose of
approximately

$49 million at
retail

of inventory
in the

remaining 78
Golf Day

stores in
California,

Connecticut,
Delaware,

Maine,
Massachusetts,

New Hampshire,
New Jersey,

New York and
Pennsylvania,

according to a
newswire

report.
Stanley D. Black,

Chief
Executive Officer

of Trend-Lines
Inc.,

the parent
company of

the
Chicago-based Golf

Day stores,
stated that,

"When we
filed

for bankruptcy
protection

we never
envisioned

the closing of
Golf

Day
stores." Hilco

Merchant
Resources and

its affiliates
provide

strategic
financial

services for
retailers,

distributors,
manufacturers,

lenders,
venture capitalists,

investment
bankers and

the
professionals that

serve
them.


class=MsoNormal>Creditors

to Receive
100% of the

Equity of
Singer N.V.

The first
amended

joint
reorganization

plan of the
Singer Company

N.V. and its
affiliated

debtors and
debtors-in-possession

(DIP) was
confirmed

by the U.S.
Bankruptcy

Court for the
Southern

District of
New York

on Aug. 24,
and became

effective on
Sept. 14,

according to a
newswire

report. A new
corporate

entity in the
Netherlands

Antilles,
Singer N.V.,

is now the
parent company

owning certain
of the

businesses
formerly

owned by The
Singer

Co. N.V.,
including

the Singer
brand name.

The Singer Co.
N.V.

and 44 of its
subsidiaries

and affiliates
filed

chapter 11
petitions

in the U.S.
Bankruptcy

Court for the
Southern

District of
New York

on Sept.12 and
13, 1999.


class=MsoNormal>Video

Update Inc.
Begins Reorganization

Proceedings

Video
Update Inc.

announced
yesterday

that the U.S.
Bankruptcy

Court for the
District

of Delaware
approved

all of the
company's

first-day
motions, according

to a newswire
report.

Among other
things,

the court
authorized

St. Paul,
Minn.-based

Video Update
to finance

its
post-petition operations

through an
interim cash-collateral

order in order
to pay

any and all
outstanding

wages and
related benefits

to its
employees. Video

Update's
Chairman and

Chief
Executive Officer,

Daniel Potter,
said,

"The
court's orders

will enable
the company

to comfortably
finance

its operations
while

we reorganize
in chapter

11. We are
particularly

pleased that
the court

has allowed us
to honor

our
obligations to loyal

employees. We
also intend

to continue
our commitment

to our
millions of Video

Update
customers—we

expect no
interruption

in service as
we continue

this
process.''


class=MsoNormal>Time

Warner Telecom
Receives

Bankruptcy
Court Approval

to Acquire GST
Assets

Time
Warner Telecom

Inc. yesterday
announced

they have
received approval

from the U.S.
Bankruptcy

Court for the
District

of Delaware
for Time

Warner Telecom
to purchase

substantially
all GST

assets for
$690 million,

according to a
newswire

report. The
court approved

the definitive
purchase

agreement
between GST

and Time
Warner Telecom

following an
auction

for GST assets
that

concluded Aug.
25. "By

the end of
2001, we

expect to grow
from

22 to 44
markets,"

said Larissa
Herda,

Time Warner
Telecom's

President and
CEO. This

will include
offering

services in 14
Tier

1 markets. We
expect

to close this
transaction

within 60-90
days, depending

upon
regulatory and

other
approvals."


class=MsoNormal>The

Littleton,
Colo.-based

Time Warner
Telecom

has also
received commitments

from its banks
to provide

$1.2 billion
of additional

financing for
the GST

acquisition,
capital

expenditures,
and general

working
capital purposes.

This includes
$525 million

of secured
financing

from The Chase
Manhattan

Bank and
Morgan Stanley

Dean Witter
and a $700

million
unsecured bridge-financing

facility from
Morgan

Stanley Dean
Witter,

Lehman
Brothers Inc.

and The Chase
Manhattan

Bank. Time
Warner Telecom

Inc. builds
local and

regional
optical networks

and delivers
"last-mile"

broadband
data, Internet

access and
voice for

businesses.


class=MsoNormal>Waivers

for Loews
Delay Bankruptcy

Struggling
movie-theater

operator Loews
Cineplex

Entertainment
Corp.

yesterday won
a 90-day

waiver on its
debt as

it battles to
stave

off the
bankruptcy crisis

that is
plaguing the

industry,
according

to a newswire
report.

The New
York-based Loews

Cineplex said
its lenders

agreed to
extend the

restrictions
on its

senior secured
credit

facility,
giving it

access to the
money

it needs to
meet financial

obligations.
The group

said talks
would continue

about a
long-term solution.


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class=MsoNormal>There's

no word yet on
whether

Loews
stakeholders Sony

and Universal
ultimately

will kick in
some cash

to stabilize
the circuit

for a longer
term, but

it's expected
that the

newly won
waivers—from

debt-to-cash
flow mandates

and the
like—will allow

Loews to stay
out of

bankruptcy
court for

at least a few
months.

"There
are no guarantees

in life,"
cautioned

Loews'
strategic planning

vice-president, Mindy

Tucker. But
she added

that a
bankruptcy filing

is
"highly unlikely."

The New
York-based company

said it's
trying to

secure
additional equity

investment as
a longer-term

means of
solving its

problems,
which are

similar to
those roiling

the entire
exhibition

industry.
"The

company at any
time

still could
choose to

go into
bankruptcy,"

said analyst
David Londoner

of the ABN
AMRO investment

firm in New
York. "But

today's action
kind

of implies
that Loews'

banks are
willing to

live with
promises that

Sony or
Universal may

put some money
into

it if
necessary."


class=MsoNormal>Creative's

Purchase of
Aureal's

Assets
Approved

Creative
Technology

Ltd. yesterday
announced

that the U.S.
Bankruptcy

Court for the
Northern

District of
California

in Oakland
entered the

final order
approving

the sale to
Creative

of
substantially all

of the assets
of Aureal

Semiconductor
Inc.,

including
patents, trademarks

and other
intellectual

property,
according

to a newswire
report.

The sale will
also include

settlement of
all outstanding

litigation
claims between

Aureal and
Creative.

Creative will
pay $28

million in
cash, plus

two new shares
of Creative

stock for
every 100

outstanding
shares of

Aureal stock,
or 208,079

shares of
Creative stock.

"Since
Creative

would not be
able to

recover
significant

damages given
Aureal's

bankruptcy,
there was

no upside in
continuing

this
protracted litigation.

As a result,
we believe

that this
outcome is

the best we
could have

expected," said

Craig McHugh,
president

of Creative
Labs Inc.

Creative
Technology

Ltd. is a
global leader

in PC
entertainment

products,
while Creative

markets its
solutions

to consumers
and system

integrators,
with worldwide

distribution
through

traditional
marketing

channels, OEMs
and the

Internet.


class=MsoNormal> 

 

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Court OKs
Semi-Tech

Panel's Disclosure Statement


A bankruptcy court on Tuesday approved
a disclosure

statement submitted by Semi-Tech
Corp.'s (SEM.A)

official unsecured creditors'
committee for

its first amended plan of liquidation.
Judge

Burton R. Lifland of the U.S.
Bankruptcy Court

in Manhattan has scheduled a
confirmation hearing

for Nov. 9, with objections due by
Nov. 2. The

amended plan, which was filed on Sept.
18, is

supported by Semi-Tech and its
bankrupt wholly

owned subsidiaries Graeme Ltd. and
ISTM Investments

(Barbados) Inc. The plan amends the
committee's

original plan and disclosure
statement, dated

July 26.


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style='COLOR: black'>Courtesy of

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href='http://www.fedfil.com/bankruptcy/developments.htm'>The Daily
Bankruptcy

Review

style='COLOR: black'>Copyright © September 22,
2000

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