Archive for December, 2008

Happy New Year

I hope that 2009 brings all of us what we need as well as what we desire.  Much has taken place over the past three and a half months and some of us don’t want to look back.  This is understandable.

In the new year followers of Heller Highwater can count on frequent communication and updates on the bankruptcy process as well as helpful tools for filing taxes (you didn’t forget did you?)  and making it through 2009.

And this Friday you’ll see posts on how to file a proof of claim in the bankruptcy process, how to join the newly formed Employees’ Committee as well as other information.  

The bankruptcy court and the Heller Dissolution Committee must face the fact that the  former employees of Heller Ehrman who are owed money as a group constitute one of the largest unsecured creditors in this process.   We don’t intend to be out-maneuvered or under represented.  And much of that depends on your participation.

I look forward to traveling down this road with you over the next few months and years.  Have a great New Year!!!


Heller Ehrman SF Holiday Get-Together Photos

Photos from the get-together at the Embarcadero Hyatt on December 17th have been posted over at the Heller Ehrman Alumni Group on Facebook.

Click the link below to view the photos if you are already a group member or request to join the group and you’ll have access to the photos.


They’re Makin’ A List, and Checkin’ It, Well . .

hopefully more than twice.  If you haven’t yet reviewed the Verified List of Creditors as submitted to the bankruptcy court by the Heller Ehrman there are a few not-so-surprising issues and some surprises (besides the fact that yours truly was left off the list – suprise or no suprise?)

Suprise: Brobeck

Estate of Brobeck, Phleger & Harrison
Ronald Greenspan
FTI Consulting
633 West 5th Street, 16th Floor
Los Angeles, CA 90071-2027

Oh Irony they name is . . .

Not So Suprised: Dissolution Committee Members

Benvenutti, Peter
Hayden Jonathan
Loacker, Lynn
Scott, Brad
Sugarman, Paul

(note: this is probably for expenses and Dissolution Committee pay during the wind down)

Not So Suprised: All Landlords and Subtenants

Not So Surprised: State Labor Boards

Anything I missed?  Anything else stand out?

Redacted Verified Creditor List

This is a copy of the Verified Creditor List in which addresses of non-business creditors (the majority of whom are ex-Hellerites) have been redacted.

I know that this list is a matter of public record and many have commented or emailed that I should post the entire thing since it is public record.  But paying money to download it from PACER is very different than being able to Google this information.  I do not want to place anyone – shareholder or staff member – in any danger or compromised position by posting this information.  I can only assume that unless I email each every person individually that I can’t post information to which they are entitled some level of control.

That being said, I have made my best efforts to redact all personal information and if there are errors please contact me.  And the redacting was not easy but, hey, as they say: “Mad secretarial skillz.  I haz them.”

As Mr. Sugarman has indicated in his previous email, do not email him with updates to the list.  He did indicate that if your mailing  address has changed or your email has changed, that you should communicate such information to Carol Budinger (

* * *

On a side note,  Mr. Sugarman has stated that the Dissolution Committee will verify the list of creditors against Heller’s “employment records and supplement it as necessary in a later court filing,” but do you really trust anyone on the Dissolution Committee at this point? Or at least trust them to handle a task such as keeping an updated list of employees to whom they owe money because they renegged on promises to pay WARN Act monies, accrued vacation, and more?

And then, as reported by several ex-Hellerites, Mr. Sugarman had the nerve to be rude and condescending in his emails – emails which were polite and civil in tone and merely requested information.  Basically if Mr. Sugarman is going to send out email communications under his own e-mail address then he needs to realize that he may – just might – receive replies.  That’s how email works Mr. Sugarman in case there was any confusion.

There is no reason to be rude to the very staff that worked for you especially at this time.  I highly doubt Mr. Sugarman that you are scrambling for health benefits or looking at a foreclosed mortgage.  And if one of your former underlings has the audicity to simply send you information or ask for clarification, I think it is your duty to either provide the information or pass the request on to someone who can assist.  Perhaps that isn’t in your duties as a member of the Dissolution Committee but maybe it should be.

Over and out,

Heller Drone
Cruise Director

Updated Docket for Heller Ehrman Bankruptcy

Here is a link to an updated docket through today, December 30, 2008.  Note that there is a Status Conference Hearing on January 16, 2009 at 11:30 am in Courtroom 22.

Updated Heller Ehrman Bankruptcy Documents

Here is what I can provide as of 3:00 pm CST here in Chicago.  

Note that some of these documents are signed orders by Judge Dennis Montali and the requests including Order Authorizing Debtor to pay pre-petition Employees, Order Authorizing Debtor to use Cash Collateral and Order Authorizing Maintenance of Bank Accounts were approved yesterday, December 29, 2008.

Included in this set of documents is a Notice of Hearing indicating that a hearing is set for 10:00 am on January 28, 2009 at the U.S. Trustee’s office (235 Pine Street, Suite 805, San Francisco) and that the deadline to file claims is April 27, 2009.  This notice also stays all other court cases related to Heller Ehrman including class action suits (and possible DLSE wage claims).

Finally, the last document is an Unsecured Creditors Committee Acceptance/Rejection Form which allows unsecured creditors to indicate if they are willing to serve on the Unsecured Credits Committee.

Verified List of Creditors

I need some input from ex-Hellerites on this one:

While the verified list of creditors submitted by Heller Ehrman is a matter of public record (as Mr. Sugman so kindly and succinctly pointed out in his last communiqué), I am adverse to posting the list since it includes home addresses for many of the employees listed as creditors.

I can also tell you that I am not on the list (quelle suprise) nor are several others who should be.

I’d like to do the following: 

– I can redact all the addresses (which will take me quite a bit of time);

– or I can have ex-Hellerites email me to ask if they are on the list.

Thoughts? Comments?  


Life preserver.jpg
Remember the words of Rev. Frank Scott (Gene Hackman in The Poseidon Adventure):

". . . sitting on our butts is not going to help us either. Maybe by climbing out of here, we can save ourselves. If you've got any sense, you'll come along with us."

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This blog has been created by Thomas MacEntee.

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Last Modified: September 14, 2008

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Note: in no way, shape or form is Heller Highwater sanctioned, supported or even recognized, (but it is very likely monitored) by the management of Heller Erhman, LLP. The opinions represented here and on each and every page of Heller Highwater do not constitute the opinions of Heller Ehrman, LLP or its shareholders or its management. In addition, the comments left by visitors do not reflect the opinions of Heller Highwater.