Financial troubles can strike anyone, even the rich and famous. Bankruptcy is often the best way to overcome unmanageable personal or business debt, but no matter who you are, honesty and adherence to court orders are essential for those seeking a successful resolution.
Dr. Phil McGraw has been a prominent television personality for decades. He has drawn on his experience as a clinical psychologist to create a long-running advice talk show and other programs. Unfortunately, his latest media venture did not work out so well. Approximately one year after he started a television network known as Merit Street, the company filed for Chapter 11 bankruptcy. Typically, this type of proceeding would allow a business to remain in operation while attempting to restructure its debt. However, a finding that Dr. Phil deleted a key text message relating to the bankruptcy has led Bankruptcy Judge Scott Everett to covert the case into a Chapter 7 liquidation.
Accordingly, a trustee will is being appointed to oversee the sale of Merit Street’s media library and other assets. Judge Everett’s decision stated that erasing the message not only violated the discovery order, but also the general obligation of debtors to preserve property that might be relevant to their bankruptcy litigation.
When a bankruptcy is filed, a debtor’s property becomes part of the bankruptcy estate. That status triggers not only fiduciary duties but also affirmative legal obligations. Court discovery orders and automatic preservation duties are intended to ensure fair adjudication of claims, equitable distribution to creditors and the integrity of the process.
Sanctions for violating discovery or preservation obligations can be severe. Courts may impose monetary sanctions, award attorney’s fees, hold parties in contempt, or — as seen in the Merit Street matter — convert a Chapter 11 reorganization into a Chapter 7 liquidation. Working with an experienced attorney can help you understand how to preserve documents and communications so that you can avoid problems.
Jeff Field & Associates guides Georgia individuals and small businesses through the legal bankruptcy process. Please call 404-381-1278 or contact us online to schedule a consultation. Our offices are in Douglasville, Gainesville, Bogart, Lawrenceville, Marietta and Decatur.
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Starting the process of bankruptcy can seem scary. However, working with Jeff Field & Associates made it very easy. They explained everything so clearly and helped my spouse and I, walk through every step of the process. Definitely recommend!
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A few months ago, I had to file for bankruptcy, and this team made the whole process so smooth. They answered every single question I had and walked me through everything step by step. Honestly, all I had to do was sit back and let them handle it; Th...
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