Final showdown in Creative Loafing bankruptcy ownership will be Aug. 25

Nobody emerged with a clear advantage from today’s federal bankruptcy court hearing in Tampa for the post-bankruptcy ownership of Creative Loafing. Judge Caryl E. Delano kept intact a negotiated set of auction rules while saying that she’s waiting until the Aug. 25 equity auction bidding to decide how to define and decide what the “highest and best” offer will be.

While today’s hearing about the rules and procedures for the bidding was given a pretty high-drama buildup in a 1B St. Petersburg Times story and in the Chicago Reader last week, it didn’t live up to its billing and was actually a complex, confusing, and undramatic court session.

Delano approved the negotiated set of bidding rules that was contested for two hours today, but she left some core issues unresolved and said, “I’ll make my ruling as to what the highest and best offer is” on Aug. 25.

If there was real news out of today’s hearing, it was that Creative Loafing CEO Ben Eason is considering stepping down temporarily to focus on formulating a new equity bid for the post-bankruptcy company.

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Judge set to review rules for equity auction in Creative Loafing’s bankruptcy

I’m headed over to the Tampa federal courthouse to report on Federal Bankruptcy Judge Caryl E. Delano expected ruling after she hears both sides (and maybe more) argue about the rules and procedures for the planned Aug. 25 equity auction that will determine who owns the post-Chapter 11 Creative Loafing alt-newspaper and online news company. Will update once the 11:45 am hearing is over.

In the meantime, you can download the proposed rules and procedures in .pdf.

Ben Eason testifies about shift to digital in Creative Loafing bankruptcy hearing

It was A Tale of Two Media Companies as Creative Loafing CEO and President Ben Eason testified Thursday afternoon during a hearing to determine whether he keeps ownership of the alt-newspaper chain.

Or perhaps I should write, ownership of the alt-digital media company. Much of Eason’s testimony concerned the collapse of the print news publishing economic model starting in 2005 and accelerating with the advent of the current recession in mid-2008. Under direct examination from CL’s bankruptcy lawyer David Jennis, Eason detailed how the company responded to 20 percent decreases in advertising revenues that he says company officials started seeing in July 2008.

“There’s been significant changes in our business…” Eason said in what qualified as the understatement of the day.

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Another offer for CL: $13.3 million for entire chain, Tennessee developer says

From former CL Atlanta staffer Steve Fennessy writes in his Atlanta mag blog:

For those who think I’ve let lapse my casual obsession with the Creative Loafing Inc. bankruptcy, rest easy. There’s more news! Turns out that Brian Conley, who once owned the alternative newspaper in Knoxville, TN, and is now helping to finance the Sunday Paper’s expansion into other cities, has offered to buy all six papers in the Creative Loafing chain. Offer price? $13.3 million.

In a response to an email I sent him, Ben Eason, Creative Loafing Inc.’s CEO, said his company’s financial adviser, Bryan Crino, has been in touch with Conley. However, Eason wouldn’t characterize what reaction, if any, he has to the offer. “You can read any and all about CL on our websites when there is something to report,” he wrote in the email.

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CL’s trip to bankruptcy court: the media coverage

Our financial reorganization is drawing quite a bit of interest from all over the place (on the same day, unfortunately, that the Tampa Tribune is laying off a few more workers, including editorial page columnist Joe Brown). Here’s a sampling:

It is the unfortunate direction of all print media. Newspapers, magazines, and such media depend on advertising to survive. Why would someone want to pay $10-30 for 3-4 lines of text in classified advertising when a free ad with unlimited text, anonymized response links (so unknowns do not call your home), and multiple photos on a place like Craig’s List [tampa.craigslist.com]? The Tribune, TBT, and Creative Loafing still get more overall local readers, but until they update, they cannot compete. One would think by now the Tribune would even have special links in the ads so that those that pay to list them can have pictures added online.

I like Creative Loafing because of the activity listings and local stories (the Tribune seems to have little real local content that isn’t focused on car crashes, press releases, or celebrity news). When is the last time anyone recalls the Tribune really doing an in-depth, politically dangerous expose on any subject? They did have a long article regarding accidental arson in Plant City years ago, but I wouldn’t really term that as an expose. — comment on tbo.com

Eric Deggans reports on a dispute between CL and one of the investors who financed the Chicago-Washington purchase last year:

Despite a story on the Washington City Paper Web site quoting Creative Loafing Inc. president Ben Eason saying “this filing has little to do with the acquisition,” documents included with the bankruptcy filing indicate the company had trouble keeping up with payments on a $30-million loan taken last year to pay down $15-million in debts and to purchase the two newspapers.

According to documents included with the bankruptcy filing, Creative Loafing missed an interest payment of $282,219 on Dec. 24, a $10,000 servicing fee on Dec. 31 and an interest payment of $294,369 due Jan. 24.

Also according to the documents, as the media economy grew worse, Creative Loafing negotiated agreements to modify the financing terms with Atalaya Funding in New York and BIA Digital Partners. But last week, Atalaya said the company was in default, though Creative Loafing disagrees, according to the court document.

Creative Loafing has asked the court to prevent Atalaya or Atalaya and BIA from taking control of the company, allowing Eason to focus on reorganizing to better meet its debt obligations and develop the online revenue sources prompting the Reader and City Paper purchases.

From Erik Wemple, editor at our sister Washington City Paper:

The move does contain good news for editorial departments in the chain. Eason announced that cuts to edit staffs at all the papers would be rolled back but stressed that all the papers should proceed with “Web-first” publishing strategies, in which writers and editors customize their content for the Internet and subsequently transfer that content into their print products.

From The Business Journal in Tampa Bay:

The bankruptcy filing comes the same day Creative Loafing sued Atalaya Administrative LLC, Atalaya Funding II LP and BIA Digital Partners SBIC II LP asking a judge to stop a default on $40 million in loans. In the suit, filed with the same court, Creative Loafing said the lenders failed to act in good faith when they refused to negotiate lowering the financial covenants. Without the injunction, Creative Loafing says it has no other options in stopping the default, as it would be “too late to save the debtors’ businesses, reputation, and close-knit and effective management.”

From paidcontent.org at Washington Post:

Likely means the BIA funding went south, somewhere along the line, as of course did the company’s fortunes. The company also denies any connection between the acquisitions last year and Ch 11, and says there won’t be any major layoffs…lotsa spin in there, if you ask me.

From our sister Chicago Reader:

In a telephone conversation with executives of his newspapers, Eason sounded relentlessly chipper, and he emphasized that all his company seeks from bankruptcy is the opportunity to restructure its debts. Liquidation is not being considered. “This is a profitable business,” he declared. “The company has a good cash flow. It has a good market position. Online revenues more than doubled in the last year.” But print revenues have fallen off dramatically over the past year at Creative Loafing and throughout the newspaper business. He said in the past three months total revenues were down 10 to 15 percent from the same months a year ago.

The douchebags at Philebrity:

Food for thought: So Creative Loafing, an alt-weekly chain/parent company thing that mostly covers cities you would not live in with even with somebody else’s dick, totally screwed the pooch and declared bankruptcy so that its papers — including Washington City Paper — can better “focus” their efforts online. You can see where we might be going with this: With the Philadelphia Weekly having been rumored to have slashed its freelance budget entirely (no shit! more on this later!) and the City Paper spectacularly lunching its most spectacular issue of the feckackular year, is this a trend that might look juicy to guys like Paul Curci and Anthony Clifton? Our guess: Not yet, but it will.

The Gawker:

This may be just a foreshadowing of some painful days to come for alt-weeklies in general—we also hear the Village Voice may be on the verge of some layoffs.

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