Fresh Loaf

Our colleague Wayne Garcia at CL’s sister paper in Tampa reports:

And it will be on Aug. 25, during a hearing in downtown Tampa that will start at 10 a.m. Federal Bankruptcy Judge Caryl E. Delano today approved a disclosure statement for Creative Loafing’s reorganization plan after a week of intensive talks between the chain’s owners, in the form of company CEO Ben Eason, and its largest creditor, Atalaya Capital Management LP.

Atalaya is the investment fund that was owed $31 million from financing CL’s 2007 pay-down of debt and purchase of the Chicago Reader and Washington City Paper. As part of the negotiations, Atalaya has agreed to write-down its promissory note to $12 million, which would be repaid at 8 percent interest-only for five years and balloon due at that point.

According to the terms of the reorganization plan and promises made in court today, all CL creditors would be paid in full with two exceptions: Atalaya and BIA Digital Partners, which provided additional lending in the 2007 deals. BIA is now part of an Eason-led equity group that will bid for ownership against Atalaya.

…

“We are on board and supportive of moving forward under this process,” Atalaya’s lawyer, Tyler Brown, told the judge via telephone during the noon hearing.

That means that Atalaya is supporting the reorganization plan and auction process. It remains, however, interested in owning the nation’s second-largest [alternative] newspaper chain and has put in what is called a “stalking horse offer” of $2 million that will be the first bid up during the Aug. 25 equity auction, at which anybody can essentially bid to own the post-bankruptcy Creative Loafing.

Continue reading “Bankruptcy judge sets auction date for ownership of Creative Loafing alt-weekly chain” …

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Wayne Garcia at our sister rag in Tampa has an interesting post about PolitiFact, an online fact-checking project by the St. Petersburg Times that earlier today was bestowed with a Pulitzer Prize. Turns out Zell Miller, the former Georgia governor and senator who once told Chris Matthews he wouldn’t mind engaging the pundit in a friendly gentleman’s contest, inspired the keep-’em-honest news hub.

Garcia spoke with Bill Adair, the Times‘ D.C. bureau chief who launched the site in 2007, about Politifact.  And Miller, of course.

“It was at the 2004 Republican National Convention in New York, and it was the speech by Sen. Zell Miller making claims about John Kerry,” recalled Bill Adair, the Washington, D.C., bureau chief for the Times who came up with the idea for PolitiFact. “I was thinking, that’s not true. [But] I didn’t do anthing about it.”

Zell Miller at the 2004 Republican National Convention in New York City.

Adair had other stories to write that night, not covering a minor speaker at a speaker-laden national convention, and documenting lies in politics must have seemed like trying to count water molecules in the Atlantic Ocean for reporters seeking a traditional news story on deadline. But the problem of letting politicians get away with lying stuck with Adair.

“A lot of things that Zell Miller said went unchecked,” Adair said late Monday afternoon from the Times‘ newsroom, where a celebration was winding down. In spring 2007, Adair and Times editors were planning coverage of the 2008 elections, and he suggested they do a website that looked at truth in politics. “It was based on my own and others’ sort of shortcomings, that we didn’t do a lot of fact checking in the past and we let a lot of candidates get away with misstatments,” Adair said. “This is penitence for those shortcomings.”

Check out the rest of Garcia’s post on PolitiFact’s roots and mission.

(Photo by Joeff Davis)

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Wayne Garcia, political editor of CL’s Tampa paper, writes that the judge in the company’s bankruptcy court case has asked the sides to deliver closing arguments in writing. She will review the details and deliver a decision in an as-yet unscheduled conference call.

Don’t wait up for a decision in our Tampa bankruptcy court hearing today; Judge Caryl Delano said early this evening that she did not plan on ruling immediately on whether lender Atalaya Capital Management should be allowed to declare Creative Loafing in default of its $31 million in loans and take over the alt-weekly chain.

Testimony was continuing into the evening in the hearing. Creative Loafing’s valuation expert, Michael Mard of Tampa’s Financial Valuation Group of Florida, testified through all of Tuesday afternoon about his assessment that the chain absorbed most of its losses and revenue declines before its Sept. 29, 2008, Chapter 11 bankruptcy filing. He put the value of the company at $7 million on Sept. 30; $12 million on Dec. 31, 2008; and $13 million by February of this year.

Read the rest of Garcia’s update here.

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Our Tampa colleague, Wayne Garcia, is closely following Creative Loafing’s court appearance today in Florida, during which the company’s CEO is arguing to maintain ownership of his six newspapers. Here’s Garcia’s second post from yesterday’s proceedings:

From an afternoon of Ph.D.- or MBA-level financial testimony, here’s the bottom line in the hearing for control of the Creative Loafing chain of alternative weekly newspapers:

– Lender Atalaya Capital concluded its case with testimony from Deloitte valuation expert Stamos Nicholas, who went through a detailed report he produced that concludes Creative Loafing’s value as a company dropped from $19 million on Sept. 30, 2008 — a day after it filed for Chapter 11 bankruptcy protection — to $11.4 million by Dec. 31, 2008. Nicholas blamed falling revenues and operating margins at the chain, as well as a general economic collapse in the wider economy.

CL’s attorney Tim Andreu challenged Nicholas’ report on cross-examination, pointing out that Nicholas did not speak with the chain’s management to learn more details about the financial assumptions he used for his valuation.

(more…)

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Ben Eason

Wayne Garcia, our colleague at CL’s Tampa paper, attended today’s hearing about Creative Loafing Inc.’s bankruptcy protection proceedings.

Garcia reports:

Current Creative Loafing CEO and Chairman Ben Eason won a partial victory in federal bankruptcy court in Tampa today as Judge Caryl E. Delano refused to grant a motion by lender Atalaya to give it ownership of the company.

At a preliminary hearing this afternoon, Delano ruled that Creative Loafing’s reorganization plan should move forward and that it is too early to say that it can’t work. If it were nine months or more into the bankruptcy, Delano said from the bench, such a motion would be worth pursuing. “We’re three months into the case. I think the debtor should be provided a reasonable opportunity…. This case has been on a short string,” Delano told the parties in court. “The debtor has complied with those timetables” in producing a preliminary reorganization plan.

Garcia reports the judge scheduled an evidentiary hearing for Jan. 21. A hearing to review the proposed reorganization plan has also been scheduled for Jan. 26. Read more at Garcia’s blog.

(Photo by Jim Stawniak)

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