Tag Archives: Bankruptcy

Philip Brewer files for Chapter 7 Bankruptcy in California

US Bankruptcy Court, Central District of California: Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines

US Bankruptcy Court, Central District of California: Notice of Chapter 7 Bankruptcy Case, Meeting of Creditors, & Deadlines

PHILIP BREWER has filed for Chapter 7 Bankruptcy in California, Case No. 9:11-bk-14384-PC.

The Bankruptcy Notice states that a Meeting of Creditors is scheduled to take place at 10am, Oct 17, 2011, at 128 East Carillo St, Santa Barbara, CA 93101.

The deadline given for filing objections to Debtor’s Discharge or to Challenge Dischargeability of Certain Debts is Dec 16, 2011; and the deadline to Object to Exemptions is thirty days after the conclusion of the meeting of creditors.

Reverse of Notice: Explanations

Reverse of Notice: Explanations

The reverse of the notice provides important explanations including advice to creditors with foreign (ie non-USA) addresses, who should consult a lawyer familiar with United States bankruptcy law if they have any queries about their rights in this case. It also gives other important information about certain actions that creditors are prohibited from taking, such as contacting the debtor to demand payment or taking action to collect money/obtain property.


Disclaimer: This post is for information only and does not constitute any form of legal advice.

Concerns about call for SPCK/SSG Creditors

Matt Wardman writes:

Following on from our previous posting about the call for creditors of the Saint Stehen the Great Charitable Trust to come forward within the next 2 weeks, only if they know that they are owed money from before July 2007, we have written to relevant magazines raising these concerns:

  • The complexity of the history of this whole affair, and the deliberate obfuscation introducd by the Messrs Brewer,  makes it very difficult for potential creditors to know whether they come within the restrictions laid down, or not.
  • As far as we are aware, the notice has only been published in The Bookseller, while the SPCK chain was a business with worldwide links – far beyond the book trade.
  • How can such a range of creditors can be realistically expected to respond to a notice with a 3 week deadline in a booktrade magazine, posted up to 3 years after the relevant debts were incurred?
  • Does this adequately meet legal requirements for informing creditors?

We are not publishing the full text of the letters here until after they have been published in the magazines and newspapers concerned, for obvious reasons.

We have not raised several further points, because we are not sure ourselves what difference they make, and would make our letters even longer than they are already:

Interim Manager's Notice

  1. The Interim Manager is in control of the two charities “Saint Stephen the Great”(1119839), and “Saint Stephen the Great Charitable Trust” (1119839-1).
  2. The Charity Commission website states that he controls the former, and he has himself declared himself to be in control of the latter when claiming possession of shops.
  3. These charities were forcibly merged by the Charity Commission around 23 July 2007.

So what is the basis for taking responsibility for actions of one charity only? Shouldn’t creditors of both of these charities be able to seek redress for debts incurred over a far greater period of time?

In any case:

  • Given the complexity, and lack of clarity, in this history, all creditors, and potential creditors, should get in touch with the Interim Manager using the contact details in the notice, and/or those given on the Charity Commission site; these are stsgct@gothamerskine.co.uk via email, or by phone on 020 7490 1880.
  • We hope that specific contact will be made with the hundreds of suppliers identified in the Court Documents, who are potential creditors even within the period before July 2007.
  • We also hope that the deadline for responses will be extended to a more realistic period, perhaps to the end of January 2010.

There may be more, as and when we have (or understand) it.

Philip Brewer files for Chapter 13 Personal Reorganization

Phil Groom writes:

The excerpt copied below is from a notice posted at AzBiz.com under Daily Territorial > Bankruptcies > bank 8/3/9 and bank 7/30/9 (h/t asingleblog). Keep reading: there’s more

J Mark Brewer’s Declared Debts

Phil Groom writes:

Courtesy of Ministry of Truth, this information entered the public domain not long after Brewer himself submitted it as part of last year’s failed bankruptcy filing. Matt Wardman posted some analysis of the situation in December 2008, but as far as I’m aware, the actual schedule of debts has not previously been transcribed to text. So here it is, creditors as named by Brewer in his submissions to the Texas Bankruptcy Court dated June 19, 2008, sorted by amount due.

Please note that this list is not complete: it only includes the creditors listed on the initial Statement of Financial Affairs (pdf, 1.2 MB) — the Amended Schedule E & F (pdf, 1.9 MB), Schedule F Continuation (pdf, 1.7 MB),  Schedule F Continuation 1 (pdf, 132 KB) and Schedule F Continuation 2 + Schedule G (pdf, 3.8 MB) run to 111 pages listing scores of other creditors with a total stated debt of $1,624,258.11.

  • Creditor: Amount Owed
  • Orthodox Christian Mission Fund: $494,097.56
  • HM Revenue & Customs – VAT: $62,824.74
  • HM Revenue & Customs – VAT: $57,615.60
  • Brewer & Pritchard, P.C.: $56,694.98
  • Employees of SSTG LLC c/o Moorepay: $52,886.06
  • Marston Book Services: $48,138.20
  • St Andrew’s Bookshop: $40,118.76
  • STL Wholesale: $38,211.13
  • Booksolve Computer: $36,955.57
  • Charles Farris Ltd: $31,048.73
  • Network Business Call: $28,294.07
  • Cocoabean (Oriel) : $4,770.75
  • BT-One Bill: $3,712.77
  • Subtotal for these Creditors: $955,360.92

The ‘Orthodox Christian Mission Fund’ — to whom the largest amount due was declared — is Brewer’s own organisation (described by him as ‘our “sister” charity’). Quite how Brewer could run up a debt just shy of half a million dollars to his own organisation — alongside a further $57k to his own company, Brewer & Pritchard, (4th largest debt) — remains something of a mystery.

Rumour has it that Booksolve have been paid. If any others beyond those identified earlier this month have been paid, they’re keeping quiet about it.

Fun on the Buses: Slogan Competition

Phil Groom writes:

It’s amazing what you see on the roads in London these days:

There probably won't be any bookshops - there certainly wasn't a bankruptcy

There probably won't be any bookshops - there certainly wasn't a bankruptcy

There probably won't be any bookshops if we leave them to the Brewers

There probably won't be any bookshops if we leave them to the Brewers

Courtesy of the Atheist Bus Slogan Generator:
can you come up with anything better?

ruletheweb.co.uk/b3ta/bus | tinyurl.com/bus-slogan

Breaking the Silence

Two Brewers - but watch out, there may be more...

Two Brewers - but watch out, there may be more...

Phil Groom writes:

Have been rummaging through my backcopies of Christian Marketplace and found the article J Mark Brewer had them take down from their website, from the July 2008 issue, Industry News, p.6. Reproduced below for those who missed it; and if that’s you, good news: if you’re involved in Christian retail, a church leader or responsible for a church bookstall, you need never miss another issue — head on over to the UKCBD Blog to find out how to pick up a FREE subscription: Keeping Up to Date, Getting Up to Speed.

Reading through the article, I can’t see anything that’s even remotely sanctionable let alone libellous. This is straightforward, factual reporting. But I can see plenty of reasons why dear old Marky warky, bless his devious little cotton socks, would have wanted to suppress it. 

Finally, a reminder for anyone pursuing the Brewers/SSG for debts: neither the St Stephen the Great trading company nor the St Stephen the Great Charitable Trust is in fact bankrupt. They have not gone into administration; they have not been legally declared insolvent. The USA bankruptcy filing was thrown out as an attempted fraud on the courts. Don’t let them fob you off with false claims of bankruptcy.

Bankruptcy, closures, sackings…
From bad to worse at SSG

The SSG Bookshops story took a dramatic twist last month when it emerged that the company which owns the shops, St Stephen the Great – Limited Liability Company (SSG – LLC) had filed for Chapter 11 bankruptcy in the United States. Chapter 11 is a form of bankruptcy that allows a business to continue trading and pay creditors over time.

Mark Brewer informed all staff by email on 6th June that on 6th June that “SSG has been terminated as the trading company to operate the bookshops formerly known as SPCK bookshops” and that “SSG-LLC has been placed into reorganisation in U.S. Bankruptcy Court”.

The email also advised staff that, “The bookshops will now be operated by ENC Management Company. Former employees of SSG-LLC are invited to apply for a position with ENC Management Company. If you wish to apply, please reply to this email so indicating.”

The directors of ENC, which was registered at Companies House on 11th March 2008, are listed as Sandra K Brewer, Mark J Brewer and Philip W Brewer and its registered office is listed as the address of the Chester shop.

Staff in the Chester shop received an email on 2nd June from Philip Brewer advising them of the “change in ownership/management to ENC Management Company with effect from 1st June.” The email also advised staff that they could continue “employment at the Chester bookshop … by applying for a position with the new company” (ENC) and that this was “not a transfer of your employment under TUPE.”

USDAW, the shop staffs Trade Union, who have been advising staff over recent months, expressed concerns at the latest developments. Christine Peacock, Senior Legal Assistant at USDAW, told Christian Marketplace, “We are currently investigating what effect, if any, SSG’s filing for bankruptcy will have in the UK.”

Peacock confirmed that there are fifteen claims lodged in preparation for Industrial Tribunals. The first of these (Alison Speddings vs Mark Brewer) which was due to be heard from Monday 9th June at the Sheffield Employment Tribunal, was adjourned because of the ‘bankruptcy’ situation and neither Mark nor Phil Brewer were in attendance.

She also said that USDAW were aware that ENC Management Company is also owned by the Brewer brothers and were “currently taking advice on the validity of these actions. We are concerned that they will have the effect of moving the assets to a place which means that there are no assets available to settle the claims.”

The Charity Commission are also to undertake an investigation into SSG; a spokesman confirmed that they are “currently considering whether this raises any issues for the Charity Commission to take forward.”

At the time of writing it appears that thirteen of the 24 shops originally passed onto SSG are now closed. A number have closed since the bankruptcy announcement, including Chester, Newcastle, Norwich and Worcester. A further three are independently open with doubts about the status on another four.

Currently there are three companies running the remaining bookshops. In addition to ENC there is Durham Shop Management Co. and Chichester Shop Management Co. and the listed directors are the same for all three.

Mark Brewer has again been asked to comment on the current developments but has not responded to any request.

Cease and Desist: 6 Months On

Phil Groom writes:

Today, January 21st 2009, marks exactly 6 months to the day from when J Mark Brewer sent out his first Cease and Desist message in an attempt to silence the bloggers before his spurious bankruptcy filing was raked over in the Texas courts.

Fortunately for me but unfortunately for him, I was on holiday at the time, cruising the Thames on a narrowboat: the first I heard of it was when Clem Jackson, my Editor at Christian Marketplace, left a message on my mobile to tell me that the Bruisers, sorry, Brewers (never could spell), were getting uppity and threatening him, Dave Walker and myself with libel action unless we took down certain pages from our respective websites.

With no internet access there was nothing I could do anyway and I wasn’t inclined to cut my holiday short simply to respond to Mark Brewer’s attempts at intimidation — but I’ve told the story up to that point before so rather than retell it here, I thought I’d simply repost his first Cease and Desist letter here, in full, to allow us to compare what he wanted with what we’ve delivered:

From:   Brewer@bplaw.com
Subject: Demand to Cease and Desist
Date: 21 July 2008 18:04:17 BDT
To:   Phil Groom, Clem Jackson

Sirs:

I just visited your site dedicated to the destruction of my personal reputation and that of Saint Stephen the Great/Saint Stephen the Great Charitable Trust.  I am absolutely appalled and devastated by what you have written as well as by what you have encouraged and allowed to be posted on your various sites – especially after your last written communication to me, below which ended “Assuring you of my prayers.”

You have successfully blocked my efforts to get my and SSG’s side of the story out.  You have done this with your sites and Mr. Walker’s with whom you obviously collaborate.  No matter what I say or do not say, the three of you continue your relentless attacks on me and the charities.  You have now broadened your attacks to include my wife, my daughter and my religion.  You will obviously stop at nothing.  You must, therefore, be stopped.

When I do not respond to your vile and defamatory words, you pretend that you are such an important person that ‘how dare anyone not answer you.’  When I do respond, you hold me up to even greater ridicule and invite others to do the same.  I am dumfounded that any Christian ethos purportedly allows one to do that.

You now are doing your best to interfere with the Charitable Trust’s efforts to salvage what remains of the business of the bookshops, scornfully mocking these efforts at every turn.

This is not right and you have gone way too far.

Your statements are false and I categorically deny them – both for me, my family and SSG/SSGCT.  Nearly all of them are defamatory per se.

I therefore am going to say this as clearly as I can:  I am a private individual and I value my privacy.  I am not a public figure such that you have the right to drag my name and my family’s names through the mire.  I do not consent to you contacting me about your alleged enquiries.  I do not consent and object to you maintaining websites about me, SSG, SSGCT, ENC Management, my brother, my wife, or my daughter.  I do not consent to you posting blogs on the internet.  I do not consent to you defaming me to any other party or person by “sharing” your false allegations.

 Legal Demand
I hereby demand that you cease and desist from doing any of these things any more.  I specifically demand that you deactivate your webpages, websites and/or blogsites devoted to me, my brother, my family, SSG and/or SSGCT IMMEDIATELY.  These include:

  1. http://spckssg.wordpress.com/tag/mark-brewer/
  2. www.unicorntreebooks.blogspot.com/
  3. http://www.christianmarketplace.org.uk/engine.cfm?i=45&cmid=4091
  4. http://www.christianbookshops.org.uk/news.htm#ssg060208 (Betrayed by the Brewers: Lies, Damned Lies and St Stephen the Great)
  5. http://www.christianbookshops.org.uk/spckdonate.htm (Support SPCK’s Booksellers, and the Phil Groom administered “fund”)

If you do not do so; i.e., remove your websites by noon GMT July 22, 2008, I will seek an injunction against you, your colleagues, associates and companies.  I also will take legal action against each of you for damages for libel.  In that event, I will also subpoena all records relating to the persons whom you have allowed to post defamatory material on your website in order to add them as defendants.

Mark Brewer

You’ll find my original responses to Mark’s allegations and demands in the following series of posts:

It’s interesting looking back: up to this point, I hadn’t been collaborating with anyone. But I am now — not with Dave Walker, sadly, but with dozens of other bloggers; and whilst I was reporting relatively light-heartedly before, I think it’s fair to say that I’ve become relentless since: both the very opposite to what Mark wanted.

As for Mark’s wife and daughter, up to this point I hadn’t even been aware of their involvement; but I am now — and I can find no words adequate to describe my feelings about the kind of man who drags his own wife and daughter into the sort of double-dealings and dishonesty we’ve now witnessed.

Meanwhile, of course:

  1. We have more pages than ever tagged “Mark Brewer”;
  2. The Unicorn Tree Books Blog is still going strong;
  3. Whilst the specific Christian Marketplace report Mark took exception to has gone, there are plenty of others still there;
  4. My report Betrayed by the Brewers: Lies, Damned Lies and St Stephen the Great is still there — with a follow up;
  5. And the Support SPCK’s Booksellers page and fund remain open…

All in all, it strikes me as a fairly spectacular own goal for Mr Brewer. So I’ll say it again: if you’re reading this, Mark, and you’d like me to Cease and Desist, there are three initial steps you need to take:

  1. Pay your former employees
  2. Pay your suppliers
  3. Withdraw your threats of legal action

But now there are some further steps:

4. Give your ill-begotten gains from the sale of the Exeter shop to SPCK;
5. Cease and Desist from your plundering of the former SPCK bookshops;
6. Give (as in freely, without expecting any sort of remuneration) the shops to people who, unlike yourself, can be trusted to run them with honesty and integrity according to a Christian ethos.

Six steps for six months: seems reasonable to me; and then there’s the small matter of making a donation to the Save the SPCK Booksellers fund yourself, Mark, by way of reparation for demanding its removal…