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发表于 2010-9-24 09:24:33
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MJJ BUSINESS IN 2009
At the time of Michael Jacksons death, the MJJ Business faced very challenging circumstances. Michael dided virtually on the eve of a sold-out and extraordinary expensive concert tour, “This is It”, exposing the Estate to substantial financial liability in the tens of million dollars. In addition, his business affairs were, to a large extent, in disarray. Among other issues, Michael had changed business managers, lawyers and personal management several times in the years prior to his death, most recently in the weeks and months prior to his death, and the transfer of files to his last team of advisors and representatives was in transitition at the time of his death. As a result, Michaels financinal and legal documnetns were scattered around the country and the location of many documents was not ascertainable as of the date of death. The Estate was embroiled in a variety of legal and financial problems that were presented, and continue to present, difficult issues whihc must be addressed effectively and efficently. Michael Jacksons assets were highly leveraged, with some of the debt in default. Since their appointment, the special adminstrators have acted promptly and decisively to identify and analyze the issues, marshal, and control the assets, resolve much of the litigation and actively contest the balance of the ligitation, aggressively take action to protect and enforce the Estates trademark and copyrights from oppurtunists worldwide, renegotiate and restructure existing financing arrangements, reducing the interest and income taxes and repaying principla, enter into unprecedented business deals that have produced, and will in the future produce, significant revenues for the Estate, and have successfully rebuilt and enhanced Michael Jacksons image with the release of the movie and song “This Is It”.
MiJAC and SONY/ATV
11. Debt restructure. At the time of Michael Jacksons death, the primary assets of the Estate, (MiJac music and Michael Jacksons interest interest in SONY/ATV), were highly leveraged. Michael had used MiJac music as security for two loans, one issued by HSBC ("the HSBC loan") and the other issued by Plainfield Asset Management ("the Plainfield loan"). The Plainfield interest rate was ___%. The cumulative balance due at the time of Michael Jacksons death on both loans were approximately __. Both loans were scheduled to mature in 2011.
MiJac Music. In December 2009, the special adminstrators succesfully negotiated with HSBC to refinance and restructure the HSBC loand and the Plainfield loan into a new loan ("the HSBC Agreement"), with more favorable terms, including a reduction in the interest rate, which will save the Estate approximately ___% per month. In addition, the special adminstrators restructred the loan in a manner that will allow the Estate to use all of the interest payments (rather than only a portion of the interest payments) as an income tax deduction, resulting in further savings to the Estate of approximately $3 million in taxes over a five year period. The financing transaction was approved by this Court pursuant to its order entered December 8, 2009.
SONY/ATV. Michael had also pledged his fifty percent interest in SONY/ATV as security for a loan issued by Barcalys Capital. At the time of Michael Jacksons death, the balance due on SONY/ATV Loan was approximately $___ dollar. The loan matures on December 3, 2010. The loan is further secured by a guranty given by Sony Global Treasury. In exchange for securing Sony's guaranty, Michael Jackson was required to give up significant rights to control and/or sell his interest in SONY/ATV as well as granting SONY protections in the event of default.
The special adminstrators have recently completed successful negotiations with UBS to refinance the loan secured by the Estate's interest in SONY/ATV as well as extensive negotiations with Sony to complete the refinance transaction. The special adminstrators task was challenging. The negotiations resulted in an amended agreement with Sony to great benefit of the Estate and a new loan at a substantially lower interest rate for the Estate, which is locked in for the period of the time.
THE BENEFICIARIES
Michael Jacksons assets were highly leveraged, with some of the debt in default. The mortage and utilites for Hyvenhurst had been unpaid for several months.
Michael Jackson provided sole financial support for his Minor children and was Mrs Jacksons primary source of support. The special adminstrators have endeavored to continue to meet the financial needs of Mrs Jackson and the Minor Children. The special adminstrators have done so through a family allowance for Mrs Jackson and the Minor Children, which is described in the Report of Status of the Family Allowance, as well as various other means as described below.
- At the request of Mrs Jackson, the special adminstrators expended approximately ___ on repairs and improvments on Hayvenhurst that were required in order to address substantial deferred maintenance and to accomodate the needs of the additional occupancy of the Minor Children, and provide for the security of the property and its inhabitants. The special adminstrators have continued to provide for the maintencance of Haynvenhurst, including estate management, security, and staff. The special adminstrators also purchased an automobile for the use of Mrs Jackson and the Minor Children, which is owned by an entity controlled by the Estate.
Mrs Jackson does not have any significant financial resource other than the Estate. She does not have the financial means to ______. After giving notice to and obtaining the consent or affirmation of no objection from all Margaret G Lodise, Guardian Ad Litem of the Minor Children and Joseph N Zimring, Deputy Attorney General for the California Department of Justice Office of the Attorney General, the special adminstrators loaned to Mrs Jackson ______. The loans are documented by a secured promissory note and laon agreement which provides, among other things, that the loans will be allocated to Mrs Jacksons share of the Michael Jackson Family Trust upon its funding.
THE CREDITOR CLAIMS
At the time of Michael Jacksons death, he was embroiled in many lawsuits, including a number in which no apperance had been entered on behalf of Michael Jackson. In addition, a number of lawsuits were filed against the Estate. Sixy-five (65) Creditor claims was filed against the Estate.
(List of those who got paid in full and the more “interesting ones”).
Michael Abrams paid in full 1,419
Ayscough & Marar paid in full 31, 757
Crowe Horwarth, LLP paid in full 38, 495
Elisa Gross paid in full 3,178
Avinash Bruno Irde paid in full 8,300
Jose T Mareque paid in full 4,772
Mayer M&J, Inc Video Center paid in full 128,482
Mesereau & Yu, LLP 341, 452
Leonard Rowe paid in full 51,218
Stabler & Associates, Inc: allowed and settled
Thome Thome: no actions taken 2,300,000 00+
LaVelle Smith Jr: no actions taken 144,500
Kai Chase: paid allowed in part and settled 8,000
Raymone Bain: dismissed and currently on appeal
Universal Music Publishing Group: no actions taken 3,000 |
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