Stealing My Thunder…
Tuesday, January 27th, 2009This stinks on several levels. I had planned on writing about my Pittsburgh Steelers who have safely touched down in Tampa for this weekends Super Bowl and with “Media Day” scheduled, I wanted to write about some of the lesser known “characters” with the team. I have no idea if Jeff Reed will show up on NFL Network or ESPN or not, but if you do a little research, you’ll find a fun guy, who also likes to play practical jokes.
I still have most of the week to write about MY Pittsburgh Steelers, but for today, I have an update on the Travel Industry, more specifically Joystar which I wrote about a couple weeks ago. I’d also like to clarify some things that I’ve read out there on the internet to help separate fact from fiction. It astounds me that people either don’t know how to read, or don’t know how to research.
First, InterContenential Hotel Group (IHG) has won their suit in U.S. District Court against Joystar and a judgment has been ordered for $179,000. In a report filed by Travel Weekly, who by the way got it right, states that it was one of Joystars Agents, not Bill Alverson or Joystar themselves who committed the offense. (The Agent was a former IHG employee who hacked the IHG system.) You may be asking why Joystar is even involved if that’s the case. Well, Joystar became more or less an accessory when they failed to return $115,000 of the $163,000 that was claimed improperly. If Joystar would have done the right thing and returned all he commissions, they more than likely would have gotten a slap on the wrist, and charges would have landed solely on the Agent. (The commissions were charged to go to the Agent and his wife.)
In another case Joystar sought more time to prepare its response to an involuntary bankruptcy suit filed by a group of agents. Joystar owes individual Agents thousands of dollars in unpaid commissions. 85 agents have submitted sworn statements about money they are owed. Thus the word “involuntary” in front of the word bankruptcy. You might think that all bankruptcy should be considered involuntary, and many I’ve seen comment on this apparently don’t know the difference. True involuntary bankruptcy occurs when an individual or organization is made bankrupt at the request of their creditors, in this case the Agents who have filed the petition. In the case of Chapter 7 involuntary bankruptcy the debtor will be required to liquidate their assets in order to pay off their creditor.
In other words, the agents themselves are forcing Joystar into bankruptcy, and when assets are sold, they are the ones who get paid. If you didn’t catch the last paragraph in Travel Weekly’s report on IHG, if the petition is won, and judement is made forcing JoyStar to file bankruptcy, both the Agents and IHG become “judgment creditors”.
And finally, three major cruise lines — Carnival Cruise Lines, Holland American Line and Princess Cruise Lines discussed how to handle pending commissions and bookings still on the books. In filings with the court, the cruise lines had said that they needed the stay lifted so clients can make final payments on cruises so that they can take those cruises. The cruise lines’ court filings said that they also want to be able to transfer current bookings to individual Joystar agents themselves, withhold payment of commissions to Joystar and to pay commissions to agents once their clients have made final payments on their cruises or once the passengers have sailed. In court, lawyers also discussed putting those commissions withheld from Joystar into an escrow account for a short period of time, as well as logistics for transferring bookings from Joystar to the booking agents.
A long term solution should be address concerning this mess on February 10th.
Bill Alverson was present, and asked for a 20-day extension to prepare its response to an involuntary bankruptcy filing. Judge Raymond Ray, the presiding judge, gave them a three-day extension, and the next hearing in the case is set for Thursday.
At this point, it remains up in the air if I’ll report on this Thursday or Friday. it’s not that I don’t care about what happens here, but I do have more important things on my mind at the present time. ;-P
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