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Re: “Breaking: Berkeley's KPFA Radio Facing Ruin as New York Real Estate Corporation Considers Seizing Station's Assets to Settle Lawsuit

Thanks to Christina DiEdoardo for opening up the discussion.

The success of a bankruptcy depends entirely on the facts of the situation
and the knowledge and skill of the legal team.

Pacifica has long been at financial risk particularly as a result of the burden of maintaining WBAI.

Pacifica's reactionary, knee-jerk anti-bankruptcy folks have long been at the heart of the economic problems. They seem universally to be economic ignoramuses.

All major financial changes entail a certain amount of risk. The problem at Pacifica is that the status quo risks are likely much greater than that of bankruptcy.

A similar argument could be made about the City of Oakland with its ongoing structural economic problems and its economically-ignorant governance. Stockton recently emerged
successfully from bankruptcy.

Posted by Hobart Johnson on 12/29/2017 at 12:53 PM

Re: “Breaking: Berkeley's KPFA Radio Facing Ruin as New York Real Estate Corporation Considers Seizing Station's Assets to Settle Lawsuit

I haven't done a Ch. 11 for a client in several years (and usual disclaimers apply, this is not legal advice) but based on the facts which are presented a Chapter 11 filing could offer some advantages. First, KPFA could take advantage of the automatic stay (which would stop collection activities until and unless the creditor successfully moved for relief from stay, which I suspect the court would be hesitant to grant if KPFA could show it was working on a plan to sell WBAI). Second, KPFA would have the exclusive right to propose a reorganization plan for a period of time (which is extendable upon court approval). I suspect there would be Ch. 11 counsel who would be willing to accept the case on a reduced fee basis, especially since there's only one major creditor and if that creditor is paid in full under the plan, they cannot object to it being confirmed (Ch. 11 law is oddly libertarian---the more money you're owed, the more votes you have but only if you're "impaired", i.e. the plan proposes to pay you less than you're owed.).

Posted by Christina Ann Marie DiEdoardo on 12/29/2017 at 12:06 PM

Re: “Small Wonder's Fate Uncertain As Owner Faces Sexual Abuse Charges

I'm very sad; Jason is a shy man who is clearly incredibly creative and talented. I am friends with his wife, who is a wonderful person. While Jason DOES need to own up to his past mistakes, I don't personally sense he is still on that track. People DO grow out of their disfunctions. This is so very sad, but speaks of a widespread cultural violence. Jason is hardly alone. Power trips by males against all those who are weaker and more vulnerable is enshrined in our culture, down to the killing of a living tree for Christmas, killing of animals for meat, human massacres, shooter video games, domestic violence, prostitution, pornography. It goes so deep. It needs to be addressed, but those who can manage to apologise for their mistakes and who are no longer engaging in destructive behavior need to be forgiven. Jason puts a lot of love into what he does; it's a shame to lose his creative contributions. Perhaps the judgement against him should include psychological counseling.

Posted by Segue Fischlin III on 12/28/2017 at 10:24 PM

Re: “Breaking: Berkeley's KPFA Radio Facing Ruin as New York Real Estate Corporation Considers Seizing Station's Assets to Settle Lawsuit

I'm a long time fan of KPFA and consider it an invaluable resource so I hope this is resolved fairly. One proposal is to simply ask the listeners across the world to contribute to an on-line find-raising effort, with levels of contribution at $10, $50, $100, $500 and $1000. I'd make a year-end tax-deductible donation near the upper end of that scale. Wouldn't many people?

Posted by Donald Mcpherson on 12/28/2017 at 8:45 PM

Re: “Far Right's Rise Brings Racist Vandalism to the East Bay

"You must be reading fake news, lady. Let's see some proof."

I know. I too have been kinda shocked. But I know of three cases around Berkeley where the culprit was actually identified by authorities. One incident involved hanging black bodies in effigy from Sather Gate, one involved a kid vandalizing several store windows on Solano Ave. and writing "KKK" and other vulgarities, and a notice in the Berkeley High library announcing a planned lynching on the BHS campus. And it appears to be a national phenomenon.

Posted by ann poster on 12/28/2017 at 5:41 PM

Re: “Breaking: Berkeley's KPFA Radio Facing Ruin as New York Real Estate Corporation Considers Seizing Station's Assets to Settle Lawsuit

Thanks for posting my blog, Paul. Been chronicling this for longer than I can remember. The Empire State lease is more like something that happened to WBAI than something it is culpable for. Signed by national management, not the NY folks, in 2005. National knew that it went up 9% a year for 15 years straight. KPFA could not have afforded to pay $600K a year extra to broadcast either, and would also have defaulted on that lease had they been saddled with it.

The stats on Chapter 11 bankruptcy are not good. 85% of organizations that go in do not get out. They collapse. The administrative and attorney fees will be a million dollars or more. There are lots of bankruptcy attorneys around and they'll be lots of attorneys fees if there's a bankruptcy.

There's a good possibility a bankruptcy filing can be avoided (and if it can be than it should be) with a 2-3 year loan secured by LA real estate that would be interest only to give a few years to reorganize while removing the threat of collections activity by paying off the judgment. That's the better way. Hopefully, it will work out.

Posted by Tracy Rosenberg on 12/28/2017 at 4:41 PM

Re: “Breaking: Berkeley's KPFA Radio Facing Ruin as New York Real Estate Corporation Considers Seizing Station's Assets to Settle Lawsuit

Pacifica needs to contact a very experienced bankruptcy lawyer ASAP to discuss a Chapter 11 reorganization, from which it (and KPFA) could emerge in good shape notwithstanding what is going on in NYC.

Posted by Suzanne L. Weakley on 12/28/2017 at 3:55 PM

Re: “Breaking: Berkeley's KPFA Radio Facing Ruin as New York Real Estate Corporation Considers Seizing Station's Assets to Settle Lawsuit

I believe in miracles but one logical solution is to sell BAIs license since they are the ones most culpable for the debt. Full disclosure I am a fill in jazz music producer and host.

Posted by Gabrielle Wilson on 12/28/2017 at 1:30 PM

Re: “San Leandro's Baked East Bay Launches Mobile Bakery

Keziah's creations are mucho delicious! I travel from the valley to get my fix. Lol. Once you taste it, youll want to have more. I like pairing it with a good hot coffee mmm goood! Keep on rollin the dough Keziah

Posted by Lio Hufana on 12/28/2017 at 1:29 PM

Re: “Wholesale Pot Prices Plummet

"huh... $10 to $19.... per gram"

$80 a ounce... $2.85 per gram... just over the border in Medford Oregon.…

Wait until full production farms get going... The stuff will be as cheap as kale.
The party is over... Look for state taxes to keep the retail price up, while the wholesale market crashes.

Posted by Dan de'Data on 12/28/2017 at 12:37 PM
Posted by Paul Burton 1 on 12/28/2017 at 12:34 PM

Re: “East Bay Cities Struggled as the Unsheltered Crisis Deepened

When it is a public health crisis, the city should have jurisdiction to supersede the public's Nimby outcry and build/provide cost effective affordable housing through the use of available land and properties, or to enter into agreements with housing developers to address the crisis and manage the city's resources. The city has an obligation to maintain public order and public safety, and dealing with homelessness through permanent affordable housing falls into that category.

Posted by lwest on 12/28/2017 at 10:37 AM

Re: “Tuesday’s Briefing: Oakland Councilmember Desley Brooks’ Violence Costs City $3.75 Million; GOP Tax Plan Strips Affordable Housing Funds

Hopefully the civil penalties bankrupt her. And hopefully the City of Oakland can go after her.

In practice, the City will do nothing, nor will the Alameda County DA.

Posted by Ernest Montague on 12/28/2017 at 9:32 AM

Re: “Molly’s Game: Poker Face

We loved Molly's Game. Based on a true story. The audience clapped at the end. Rotten Tomatoes AUDIENCE SCORE
88% liked it Average Rating: 4.1/5

Posted by Carolyn Burd on 12/28/2017 at 8:06 AM

Re: “Systems That Oppress Women Create Dangerous Circumstances for Girls of Color

But not one mention of how pornography goes hand in hand with sexual assault and trafficking.

Posted by Deborah Moates West on 12/28/2017 at 5:25 AM

Re: “Legislature OKs Criminal Justice Reform Bills

What good does this do for those who have already been victimized by these sentencing enhancements? This legislation begs for retroactive application. But the courts won't apply it even though it seems implicit within the bill. Law makers did not specifically state that it should apply to anyone who is currently the victim of this failed policy. That means taxpayers are still on the hook for 3 more years of providing the cost of housing for inmates better let out. Why? We have a massive failure of leadership on virtually every level of humane society brought on by the lack of understanding of what it means to be human. The state and its machinery do not serve its people. If it did they would take this good piece of legislation and apply it across the board immediately! We the people need to get together and redefine the role of state and federal government because we are being cheated every single day by this dysfunctional organization of crooks and liars that claim to be leaders with our interests at heart. Justice delayed is justice denied.

Posted by Klaus Pfeiffer on 12/28/2017 at 2:46 AM

Re: “Legislature OKs Criminal Justice Reform Bills

This is a great way to stop filing our prisons with non violent offenders who are in reality merely giving people what they want. Did our nation learn nothing from the era of prohibition? The war on drugs has been a massive failure. The war on drugs has been an exceedingly costly attempt to legislate morality again. We citizens of the United States of America supposedly have the right to pursue happiness. How is this possible when a small faction of narrow minded busy bodies are some how able to circumvent our right through the manipulation of our so called representative government? Now that by some miracle worthless laws have been modified to not be so horrendous It becomes apparent that the state, although admitting fault and applying a fix, fails to make this fix apply to people it has already incarcerated! This is the epitome of stupidity. The state continues to astound me as to the depth of its' inhumanity and cruelty to those who are in most need of compassion and understanding. The very essence of intent of this bill is totally ignored if not implemented retroactively. It is another example of the one way thinking of our so called justice system. I guess if you're invested in prisons for profit you win even if you lose.

Posted by Klaus Pfeiffer on 12/28/2017 at 2:30 AM

Re: “Is Oakland Animal Services Killing Too Many Dogs?

its not just the unqualified staff at the animal services that is killing the dogs as if its the thing to do, its the oakland police along with many many others police departments that dont want folks owning pit bulls, due to the fact that it makes it harder for the officers to illegally enter your house when your not home. possibly to bring their prostitutes there for a lunch time quicky, since they are running their own prostitution ring. the pinole police kidnapped and killed all 7 of our family of beautiful dogs, just so they could enter illegally and still keep the little bit of asses they have left . not like oakland police, they just toss around t6he same girl.

Posted by tami simpson on 12/28/2017 at 2:20 AM

Re: “Closing the Books

Look at the data 2016:

OUSD 3rd to 11th grade test score in math only 25% of OUSD students meet or exceed math standards. 75% of OUSD students from 3rd grade up don't met the grade standard in math. The problem is bigger than books!…

OUSD and Oakland teachers continue to race to the bottom. OUSD bought a rotten Common Core Math Curriculum roughly 10 years ago, which promised digital multi-media support. It was an expensive failed dirty deal. The text failed and frustrated from day one. Our children were in 3rd grade, we had to hire a math tutor because we couldn't figure out the problems. She wrote out "proofs' for unsolvable problems, and we kept her to teach our children around the failed textbooks, and a math moron teacher. We transferred our children out of OUSD into a charter school in the 6th grade, to get away from the math melt-down, and gross mismanagement. The Charter School had a textbook, a teacher who knew math, and a cross grade curriculum. They also had an OUSD math recovery program: testing, tutoring, and 3 to 6 weeks of summer school based on math skills needs.

OUSD does not teach math, you need a consistent program and to give practice and build skills. Some teachers may teach math, but there is no managed monitored program. Learning math requires a consistency and coordination across grades. OUSD has crappy textbooks bought in an insider deal during a corporate reform effort. Teachers and the District continue to fail student at an alarming rate, and there is no plan to slow the failure from teachers or OUSD's bloated management. The haven't just given up books they've given up educating.

Posted by Ann Nomura on 12/27/2017 at 9:15 PM

Re: “Berkeley City Councilmember Ben Bartlett, a Political Newcomer, Enters State Assembly Race

Please, do not vote for Jovanka Beckles just because she is black. Vote for this guy instead if you must vote by race only. I hear this guy is an ass, but I know Jovanka is crooked. Vote to cut your losses.

Posted by David McDermid on 12/27/2017 at 7:27 PM

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