Copyright 2013 Michael G Curry
Rants and Raves of books, movies and con reviews. I've loved music for as long as I can remember. Oh, and comic books, too! A strange mix of subjects from the law to music to comics and all things related. The time has come, the Walrus said, to talk of many things ...
Saturday, September 21, 2013
Friday, September 20, 2013
We’re Off to See the Wiggles…
A review of the Wiggles US Tour 2013
September 18, 2013 my wife,
daughter and I saw the Wiggles in concert at the Peabody Opera House in St.
Louis, Missouri .
I retired from concert-going in
1992. My hearing was shot even then and with a screeching baby the tinnitus has
not gotten better. Going to concerts would rip apart what was left of my
hearing, as well as rip apart what was left of my bank account. Five hundred
bucks to see the Eagles? I can hear them
for free every time I turn on the radio. Every. Time. Not even if they performed in my front room. I came out of retirement three times – once
to see Ringo Starr do a free concert under the St. Louis Arch on July 4th
in the late nineties (a Beatle for free? Yes, I will come out of retirement to
see a Beatle for free…), once last year to see Rik Emmett ($10.00, yes, I will
come out of retirement to hear Triumph’s Greatest Hits live for $10.00), and
now to take my daughter to see the Wiggles.
This was the tour supporting
their DVD “Taking Off” and was the first “solo” tour of the new Wiggles.
Founders Jeff, Murray and Greg retired. Anthony continued with three new
Wiggles – although all of them were with the franchise either playing secondary
characters or back-up singers and dancers.
The new members were Simon,
Lachy and Emma. It was quite a controversy when the new Wiggles took over, but
most of their world-wide fans wished them the best when the shock wore off.
My daughter discovered the
Wiggles early in 2013. To her mind, Emma is as much a Wiggle as Greg. Or Sam
for that matter. She adores Emma. She is her favorite. So of course she wanted
to dress like Emma for the show. Easy enough – she already has a black skirt,
black leggings and a yellow shirt.
She looks good in yellow, with
her dark skin. My wife has always been happy about that.
I was afraid I would be the only
adult male at the show. I wasn’t. I was afraid I would be the oldest father
there. Surprisingly, I wasn’t. In fact, most of the fathers I saw there were
about my age. Some of them had children younger than mine (this concert was her
fourth birthday present).
I’m not sure what to make of
that. I am afraid of generalizing by saying younger fathers wouldn’t bother
going to such a thing … but I have no facts to support my theory. Would an older father tolerate these things
easier than a younger one? “See the Wiggles!?
And miss Kill Division playing across town!?”
The stage cast consisted of
Anthony, Emma, Lachy, Simon and Paul Paddick as Captain Feathersword along with
three back-up dancers and singers. They would take turns as the costumed
characters of the franchise: Dorothy the Dinosaur, Wags the Dog and Henry the
Octopus.
They did an excellent job of
keeping the pace going so that you never noticed who was missing from the stage
when the costumed characters were on.
Paddick does the voice for Henry the Octopus. I didn’t notice if he was
on-stage or off-stage while Henry was “singing” his song. He may have been IN
the costume for all I know.
The set was sparse considering
the concert videos you can purchase or watch on You Tube. This isn’t Madison Square Garden or a packed amphitheater in Australia . This was the last few weeks of a
two-month North American tour playing smaller venues. The following night they
were in Nashville , then Detroit , then Chicago for two shows on Saturday. The following
week they played two matinees in New York . Remember this was the same franchise that sold out twelve shows in a
row at Madison Square Garden …
So there were no elaborate sets
depicting Wiggle Town or the Wiggle House, no 12-foot blow-up Wiggles, no working Big Red
Car. The backdrop was a replica of the cover of their new DVD that set behind a
drum kit and keyboards and guitars. The only props were a cardboard castle set
in front of a tall stand as well as a camel and airplane costume – each worn by
Captain Feathersword.
Sparse settings made sense,
though. Who knows how successful this tour would be? Who wants to spend
millions on setting up, tearing down and moving elaborate sets for half-filled
stadiums?
They needn’t have worried. They
went for smaller venues and all of them are sold out. I checked the tour venues
online and there were only forty or so seats remaining in each venue for the
rest of the tour. All but forty seats available for a 3,500-seat venue (at
least for Peabody )? I’d say that’s pretty good.
I checked and checked online for
a set list for this tour with little luck. The only review I found was on a
blog of a Detroit mother. I thought I would do a set list
and review the show. By the time this post gets to most of my readers the tour
will be over, of course. But perhaps if they tour next year (or more likely the
year after) this will give parents who know nothing of Wiggle concerts a taste
of what to expect.
I spent most of my time talking
photos, writing down names of songs and smiling at a squealing and giggling
three-year-old. Near the end of the show, my daughter and two others were on
the far left aisle dancing. I had to warn my daughter not to flail around too
much for fear of hurting the other children.
The mother of one of the little
girls asked her to stay near. She kept her arm around her daughter at first.
She didn’t want her daughter dancing with other girls while some tall, fat,
bald man took their pictures. But she soon relented.
During the last song my daughter
finally took that tumble I warned her about. She cried and I picked her up. It
was by now 7:50 and she was
very tired. As the Wiggles waved goodbye I told her they were leaving and to
say goodbye. She stopped crying immediately - as children of that age do - and
shouted goodbye to everyone on stage.
Before and after the concert we
took pics of the stage. An usher very kindly took a picture of the three of us
in front of the stage when the show was done. Although sold-out, by 7:30 quite a few of the ticket-holders left
with their sleepy charges. We ended up with only a few people in our Orchestra
Left section.
This allowed me to stand and
take plenty of photos of the performers. Earlier I was afraid to stand too long
for fear of blocking the people behind me. One of the few younger fathers sat
two rows ahead of me. He wore his hair in high spikes, which blocked most of my
camera’s flash. Near the end, as there was no one behind me; I could stand and
hold the camera as high as I wished - his light-absorbing head no longer a
problem.
We had great seats. Well, Peabody Opera House (I still think of it as Keil
Opera House – I saw Clapton there in the 1980s) does not have a bad seat; but we
had particularly good ones. We were seventh row to the far left. The front rows
taper outward. This means there were three rows between us and the far
stage left.
Lachey spent some time on our side of the audience. He gave my daughter a high-five!
When Anthony stood on the end of the stage he was ten feet in front
of us. He waved back at Abby and me. Yes, I was waving at Anthony – I am one of
the few surviving Cockroaches fans in the States…
The Wiggles and their troupe
sang and played their instruments live.
In most of the concert footage they look like they are lip-synching.
With all their dancing and activity that isn’t surprising. And this is the
Wiggles, not Milli Vanilli – who cares?
But we were close enough to
tell. They sang live. And their instruments were live, too. Good for them.
This despite the fact that there
was LOTS of dancing going on. Every song had its own moves. The children (and
most adults) followed along faithfully. Captain Feathersword played bass,
Anthony played acoustic and electric guitar and drums, Emma played drums, Lachy
played keyboards and the glockenspiel. And even the dancers played percussion,
drums and guitar as needed.
Speaking of the dancers... They
were introduced at the end, but by then I was dancing with and photographing my
daughter. Looking online doesn’t help
identify the three dancers. The
beautiful Catarina Mete has a bit of a following and hers is the only name I
can find. The other lady is Lauren – I
hope the spelling is correct. She was
named in a concert segment on the Wiggles’ new TV show. The male dancer, Nick, looks a lot like Lachy; so
much so my daughter thought it WAS Lachy when he came on stage.
He was the first one on stage.
He gave us a safety lecture much like the stewardi on a plane – find your
exits, watch your children, that sort of thing.
He also told us to tweet what we think about the show and they will
later read their favorites during the concert.
So spend the concert staring at
your phone? Um, no. I disagree – My tweet would read, “I would love to watch
the show but I haven’t seen a minute of it because I am trying to tweet.” Don’t text and wiggle.
Like I’m one to talk. I spent
the concert taking photos and jotting down the playlist.
Speaking of which:
Rock a Bye Your Bear
Can You Point Your Finger and Do
the Twist
Quack Quack
(My Sharona - spoof)
Monkey Dance
Here Comes a Bear
D*O*R*O*T*H*Y
Romp Pomp a Chomp
(The Rose - spoof)
Joannie Works With One Hammer
Numbers Rhumba
Shakey Shakey
Fruit Salad
Peanut Butter
Toot Toot Chugga Chugga
(If I Could Turn Back Time –
spoof)
Captain’s Magic Buttons
Five Little Joeys
Emma (With a Bow in Her Hair)
We’re Dancing With Wags the Dog
Twinkle Twinkle Little Star
Henry’s Dance
Simon Says
There Was a Princess Long Ago
I’ve Got My Glasses On
Shimmy Shake
Hot Potato
Do the Propeller
Oh, and I tried keeping a “Gee
C’mon” tab, but I lost track among the other things going on. I know Anthony
said it two or three times.
Emma left the stage for a time to say hello to the fans. Doing my best stage-mother imitation, I grabbed my daughter and walked with her to the center aisle and plopped her in front of Emma.
"You're wearing a yellow skivvie and a black skirt just like mine!" Emma said. My daughter was giddy! She met Emma! Her favorite! I was so happy for her!
I knew my daughter was getting
tired when she kept asking, “Is it over?” after ever song during the second
half. But not in a whiney way, just like
asking if a TV show is over. She had a ball. She squealed with delight and
laughed and giggled when she recognized a song. By the end, though, she was
happy just to dance along with the songs in the side aisles. It made both of us
so tremendously happy to see her so happy.
There were enough nods to the
adults to keep us smiling, too. Captain Feathersword did a funny Cher imitation. Anthony made a Lady
Gaga reference. He said, “We used to say Miley Cyrus but we changed that a few
weeks ago.” It was funny but I’ll bet he was also very serious. There were
comical homages to the songs “The Rose” and “My Sharona”.
We might get one last Wiggles
concert out of our daughter before she gets too old for that sort of thing and
starts dragging us to the boy band dujour.
But I’ll cherish the look on her face and the sound of her laugh. Thanks
Wiggles!
Copyright 2013 Michael G Curry
Tuesday, September 10, 2013
The Business of
Bankruptcy
On September 9, 2013 I
spoke at the monthly meeting of the Mount
Vernon Business Women’s Club about bankruptcy.
The person who
invited me, Marilyn, was my wife’s boss for many years before she retired and
is also a good friend of both of us. I said I would be happy to speak at their
meeting. Considering the audience, we decided the topic should be about how
bankruptcies affect businesses.
Here is a
transcript of the speech from my notes with details filled in and some details
changed for a wider audience (“In my district courthouse” replaces “In Benton ”,
that sort of thing). I hope you enjoy it.
***
As a business owner, bankruptcy
can affect you in three ways: as a creditor, as an employer and as a debtor.
Of the different types of
bankruptcies available, there are three that you would see – the Chapter 7,
Chapter 13 and Chapter 11.
They are called that because the
Bankruptcy Code is just like any book – it is divided into chapters, 1 … 2 … 3.
And the Chapters that involve individuals are 7 & 13. Why 7 & 13 and
not 1 & 2, who knows, that’s just the way it is laid out.
Chapter 7 is what most people
think of as bankruptcy – a liquidation of all unsecured debt. These are credit
cards, medical bills, back utilities, book clubs, record clubs, finance company
loans, bad checks, and cash advance businesses. Unless you’re in the business
of giving loans to customers in exchange for collateral, debt owed to your
business is unsecured debt.
Chapter 7 lasts for 90 days.
From the time of filing until it is finished, 90 days pass. At the end of those 90 days the debtor
receives a discharge and all of those unsecured debts are discharged.
As for secured debts – where I
have a lien on my house or car – I can either reaffirm with the bank and keep
paying for the collateral or surrender the collateral. Banks usually will allow
me to do that if I am current.
Some bills survive bankruptcy –
taxes, student loans, and child support – government-ordered debt. The federal
government is saying, “We’ll forgive all debt you owe except for debt you owe
to us.” I would doubt any of your
accounts receivable would qualify as that kind of debt.
Chapter 13 is a consolidation of
all debt into one payment. It includes all debt owed – even vehicles – except
for your house payment if you are current. Otherwise the bankruptcy payment has
to include that as well.
Chapter 11 – I do not do Chapter
11s although the senior partner of our firm does once in a while – is similar
to a Chapter 13 but it is for corporations or individuals who owe about
$260,000.00 in unsecured debts.
Corporations or LLCs cannot file
Chapter 13. Only an individual or an individual doing business as can.
As a Creditor:
You
will receive notice in the mail that a customer/client/debtor has filed for
bankruptcy in any of the available Chapters.
At that time, all collection
activity must cease. It’s called a “stay”. It’s automatic. Boom. No questions
asked. Stop the collection. You might dispute the dischargeability of your
debt, but that is an argument for another time. Right now, stop collecting it.
To avoid anti-dun letters or
even sanctions, contact your collection agency, department or individual in
charge of trying to collect the debt and get it stopped. Press whatever button
you need to press on your computer to stop that bill from being mailed out.
You don’t have to write the bill
off entirely – wait until you get the letter from the court discharging the
debtor. If for some reason the bankruptcy is dismissed or the discharge is set
aside, your debt is “revived” and you can go back to collecting it.
A bankruptcy can be dismissed
for several reasons – usually because the debtor has done something wrong. He doesn’t qualify because he had filed
before or his income is too high. He may have failed to appear in court or
failed to provide the Court the documents required.
You can dispute and fight
someone’s discharge – if they wrote a bad check or if they committed fraud
against you. It’s hard to do, and you should discuss the possibility with an
attorney. And I don’t mean fraud in that someone left off a credit card on
their application. I’m talking about if they said their income was double what
it really was.
But you will have to prove you
had the wool pulled over your eyes to win. The first thing the court will ask
is “did you pull a credit report? Was the missing credit card on there? Did you
ask for paystubs? Didn’t you notice his income was substantially lower than
what he said it was?”
Here’s a tip – if he just got a
loan from you five days before filing bankruptcy; unless there was a change of
circumstances in between (he lost his job, his family went to the hospital),
odds are he was insolvent when he got the loan and was considering filing
bankruptcy when he was in your office.
Sometimes if the Chapter 7
Trustee (this is the person in charge of investigating the facts of the case to
make sure the person qualifies for the discharge of his or her debts) has an
asset to sell you will be notified to file a claim.
A Chapter 7 liquidation is not
only the liquidation of debts but also liquidation of assets. If someone has a
luxury item or property they do not need – a boat, a piece of land, a third
car, expensive collections of coins or guns or comic books – those things can
be liquidated and the cash from the sale will be disbursed to the creditors for
one last payment. But to get any money, you have to fill in and file the claim
form provided.
It’s a simple form. Fill it in,
mail it to the court, and send a copy to the Debtor’s attorney and you you’ll
get a few bucks. You may have to file it electronically, which will mean a trip
to the courthouse. Ask the clerks for help. That’s what they are there for.
“It’s not worth the time and
postage.” I don’t think that’s true, even if it only gives you a few
dollars. But I’m cheap that way…
In Chapter 13, you will also be
notified to file a claim. You will probably get substantially more than you
would in a Chapter 7, so it is worth preparing the claim and sending it to the
court and Debtors/counsel. It is possible after five years you will get a few
dollars, if any at all. With the time-value of money it is easy to repeat,
“It’s not worth the time and postage.” Five minutes to fill in the form, a
stamp or a trip to the courthouse. If you complain about the gas spent, do
something else during the trip to the courthouse. In my district the courthouse
is next door to a wonderful city museum. See the radio DJ booth George Harrison
visited in 1963. See the jail cell of
the last man hanged in Illinois – my grandfather was there and watched it.
You should not send the Debtor a
1099 for the unpaid debt – a debt discharged in bankruptcy is not taxable
income. It is not a forgiven debt. That IS a waste of time and postage.
You can write it off as a loss.
If you have insurance (most credit cards have bankruptcy insurance), you can
submit a claim.
The only thing you cannot do is
try to collect the debt from a discharged debtor.
As an employer.
You’ll probably never know that
your employee has filed a Chapter 7 unless his wages are being garnished.
If an attorney knows what he is
doing he will fax you a notice of the bankruptcy as soon as it is filed and ask
you to stop withholding the funds. If you have already given the funds to the
judgment creditor; that is nothing for you to worry about. If you are still
holding funds and don’t know what to do about it – you can ask for a court
order, you can call your attorney, the attorney for the creditor, the attorney
for the debtor. “I’ll give this money to whoever the court tells me to…”
Generally, though, if you stop the garnishment when you receive the notice of
filing bankruptcy, you’ll be fine.
An employer will receive notice
if the employee does a Chapter 13.
If you are employed the Chapter
13 payment comes directly out of your paycheck.
The employer will be mailed a
notice from the court to withhold a certain amount per month from this person’s
paycheck. You should try to do it but if you simply cannot don’t worry about
it. It is ultimately the responsibility of the Debtor to pay the Chapter 13
payment, not the employer.
The withholding is an allotment,
not a garnishment, so avoid assessing points against an employee or charging
processing fees. You can do it, but … shame on you. It would be best to simply not withhold it.
If a Debtor’s attorney calls and asks why it isn’t being withheld, be honest:
we don’t have the wherewithal to do that sort of thing; I don’t want to be
responsible for any misplaced checks sent out, etc.
If you do assess points or
charge a fee the Debtor’s attorney will likely ask for direct payment and the
court in this district is good about granting that. So, hey, maybe it IS a good
idea to assess points or charge a fee, your employee will ask the court for
direct pay and you’re out of it. No, don’t do that. It’s best just to contact
the debtor’s attorney (and your employee) and tell them you just can’t withhold
it.
And remember – 525(B)(1) – (3)
of the bankruptcy code says you cannot fire or discriminate against someone for
filing bankruptcy. Any employment
attorney will tell you to keep a long paper trail when firing someone. You
don’t want them to say, “You fired me because I filed bankruptcy,” any more
than you want them to say, “You fired me because of the color of my skin or my
religion or my gender.”
“No, we fired you because you
were late five days in a row or stole from us…” Keep a paper trail!
And just as a favor to me –
don’t blame the employee for collection calls.
“I get in trouble when I get
personal calls at work.” I hear that a lot.
“Then don’t take the call,” I
say, “tell whoever is telling you that you have a call to hang up.”
Boss: “You have a call.”
Employee: “You said I can’t take
personal calls at work.”
Boss: “That’s right.”
Employee: “Then why are you
telling me? Tell them I can’t take
calls. Yell at them the way you are yelling at me now.”
It’s silly. Imagine how easy it would be to get someone
you don’t like fired. You just keep calling his work anonymously and after a
week they’ll fire him for receiving personal calls. You can clear a factory
floor in a few months.
Don’t blame them for calls.
They’re not the ones calling.
As a debtor
Chapter 7 will eliminate the
debts, but will also likely eliminate the business. People or corporations file
Chapter 7 to walk away from their business. Let the Trustee dole out who owns
what collateral and who gets what from the liquidated assets of the company.
That way, it won’t be your fault if someone gets more than their fair share –
you’ve dusted off your hands of the whole ordeal when you signed the paperwork.
Chapter 13 (for
non-corporations) or Chapter 11 (for corporations) – keeps the business going.
You pay a trustee or an administrator; the trustee pays your creditors. It’s
never that simple but that is the basics of it.
You file a Chapter 7 to close
the business; a Chapter 13 to keep it going.
Results may vary. In any of the three circumstances – if you
have any questions, do some research and then ask an attorney. It’s worth
paying an attorney for advice to avoid confusion and aggravation. As a creditor
or employer you can always call the debtor’s attorney. They will USUALLY help
answer your questions as long as you are courteous about it. You can always
consult an attorney of your own.
There are not many books out
there about bankruptcy. The ones that do exist give only the most general and
basic information. This is because a lot of bankruptcy law, although federal,
depends also on the state laws in which the bankruptcy was filed. Plus it also
depends on the individual trustee and judges. Some require specific documents,
such as bank account statements; some do not. No book can cover every Trustee
and judge’s rules and rulings. It’s like the old joke – a good attorney knows
the law, a great attorney knows the judge. It’s true – in that a “great”
attorney knows what will work and what will not. What works in Tennessee will not work in Missouri . What works in central Illinois will not work in southern Illinois . What works in Benton will not work in East St. Louis .
The closest thing to a pamphlet
is the 342(b) notice. That’s just the section of the code that says we have to
give this paper to every debtor. It explains each type of bankruptcy, although
it’s a little dry. You can each have a copy if you wish.
I thank you for letting me speak
with you today. I hope it informed you as a business owner of your rights and
duties and responsibilities under the bankruptcy laws. Thank you for inviting
me.
And I hope you
enjoyed reading it too. As a bit of a disclaimer – ALWAYS consult an attorney
before attempting anything mentioned above. If you try to rely on the
information above to file a bankruptcy alone or to try to fight a bankruptcy as
a creditor, you are a very silly person and I will laugh at you if you blame me
or this speech if something goes wrong …
Copyright 2013 Michael G Curry
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