A two-week hearing begins Monday to determine the fate of Tribune Co. more than two years after an ill-advised $8.2 billion buyout drove one of the oldest U.S. media companies into bankruptcy protection.
The proceedings follow four years of tumult and intrigue at Tribune Co. The company has been through the disgrace of a bankruptcy case that has lasted far longer than planned, a CEO departure triggered by complaints about management's raunchiness and the whiff of a financial scandal fanned by a court-appointed examiner's conclusion that parts of the 2007 buyout had bordered on fraud.
The hearing in U.S. Bankruptcy Court in Wilmington, Del., will affect the ownership of the Los Angeles Times, the Chicago Tribune, The Sun of Baltimore, other daily newspapers and 23 television stations. The TV stations include Chicago-based WGN, which reaches more than 70 million homes nationwide, mostly through cable and satellite systems.
The hearing edges Tribune Co. closer toward shedding most of the roughly $13 billion that it carried into bankruptcy protection. If it can unload the debt, the company believes it can make money while it tries to adapt to a marketing shift to the Internet.
Judge Kevin Carey is being asked to choose between two competing reorganization plans. The plans differ in their appraisals of Tribune Co.'s current value and their limitations on which participants in the troublesome buyout can be sued for saddling the company with too much debt.
Either way, the outcome is likely to leave Tribune Co. controlled by its creditors. The new owners are expected to replace the patchwork management team that has been running the Chicago-based company since the previous CEO, Randy Michaels, resigned in October amid complaints about risque conduct.
Tribune Co., founded in 1847, filed for bankruptcy protection in December 2008, making it the first major U.S. newspaper publisher to do so during the Great Recession. The deep downturn magnified the challenges facing newspaper publishers as readers and advertisers moved from print to digital alternatives.
The slump prompted more than a dozen other newspaper publishers to follow Tribune Co. into bankruptcy protection. Like Tribune Co., several of them were saddled with billions of debt taken on during better times. Most of them have emerged from bankruptcy protection already.
The complex 2007 buyout engineered by real estate mogul Sam Zell complicated Tribune Co.'s effort to return to normal business operations. The allegations of financial conduct made many creditors less inclined to make concessions during negotiations on a reorganization plan. The independent examiner's report last summer prompted the company to back off one proposal.
This month's hearing makes it more likely that Tribune Co. will finally emerge from bankruptcy court this year. The legal fallout could last for years, however. Both plans envision creditors pursuing lawsuits in an attempt to recover more of their losses, and there could be an appeal of Carey's decision in the case.
The stakes riding on the resolution of the convoluted saga are expected to attract a crowd. Carey is setting up a video feed in an overflow room to accommodate up to 100 more people beyond the 175 spectators that can cram into his courtroom. The judge also is clearing space in the courtroom for more than 2,000 exhibits expected to be submitted during the hearing.
"It will take some time and involve some tedium," Carey said during a housekeeping hearing last week.
The hearings also could shed more light on Tribune Co.'s operations and the behind-the-scenes maneuvering that led to the Zell buyout, which took the company private and turned employees into part-owners.
Reams of documents in the case have been kept under wraps to protect what has been described as confidential business information. Carey so far has rejected requests to unseal the documents, but he has warned that some of the information could come out during the hearing because he doesn't plan to close the courtroom.
Tribune Co. favors a plan that would turn over ownership to the company's major creditors, including some that had helped line up the ruinous financing, which already has triggered lawsuits. It would shield the lenders involved in the buyout from lawsuits after the company emerges from Chapter 11. Opponents of the plan contend it would also block attempts to sue former Tribune Co. shareholders who received $4.3 billion in the buyout's first phase.
This proposal has the backing of Tribune's Co.'s proposed new owners - a group led by banker JPMorgan Chase & Co., distressed debt specialist Angelo, Gordon & Co. and hedge fund Oaktree Capital Management. It's also supported by Tribune Co.'s committee for unsecured creditors.
A group of creditors that owns Tribune Co. debt issued before the Zell buyout has proposed an alternative plan primarily because they want fewer limits on which parties can be sued for alleged fraud. The plan also contends these note holders, led by hedge fund Aurelius Capital, are entitled to be paid bankruptcy claims totaling $1.2 billion instead of $761 million offered in the proposal backed by Tribune Co.
Zell, still Tribune Co.'s chairman, has filed objections to both plans because he and a business arm, Equity Group Investments, would remain exposed to lawsuits alleging fraud.
The competing reorganization plans also came up with dramatically different estimates on Tribune Co.'s business value. The company-backed plan pegs it at $6.7 billion, compared with $8.3 billion in the Aurelius-led proposal.
Tribune Co. has been gradually recovering from the recession, primarily because of an industry-wide revival in television advertising. The company's revenue last year totaled $3.1 billion, 2 percent below 2009, based on court documents.
But the company still gets more of its revenue from newspapers and other publishing sources. Tribune Co. has predicted its revenue this year will decline 4 percent, dip another 2 percent in 2012 and slip 3 percent in 2013.
Those forecasts assume the new owners won't break the company apart by selling some of the newspapers and TV stations.
Students, instructors, and graduates of the University of Illinois' Institute of Aviation say administrators want to close a valuable program at a time when it's needed most.
About 80 of them Thursday discussed an industry that stands to lose about 37,000 pilots in the U.S. alone over the next 10 years. U of I Graduate Nathan Butcher is now a Delta pilot. He said there's a decline in training overall, and many pilots are nearing their mandatory retirement age. Butcher said administrators have a very narrow view of the Institute, which is turning out more than pilots.
"The Institute of Aviation is a long standing center for excellence in the field of professional pilot training, aviation research, and aviation safety advancements," he said. "Unfortunately, the university's administration defines the Institute of Aviation's role as being very technical and only worth of trade school status. Nothing could be further from the truth."
Willard Airport Tower Air Traffic Controller Kevin Gnagey said two thirds of his workforce is nearing retirement age, and that the Institute generates 85% of the traffic they direct at Willard. Gnagey contends the U of I is also throwing away the chance for future research on airport grounds.
"I would also be so bold as to assert that losing the Institute of Aviation could pose a large loss to the University of Illinois," he said. "This loss may not be immediately evident, but as the FAA is investing billions of dollars into research and development in new technology for the next generation of the national airspace system, opportunities would be lost."
Instructor and U of I graduate Joseph McElwee said while no decision has been made, he says administrators are trying to make closing the institute easier by moving remaining faculty to other academic units, and denying Fall 2011 admission to new applicants.
"They say that no decision has been made, so we don't have to bargain with your VAP's (Vistiing Academic Professionals)," McElwee said. "But at the same time, if you think about this, it's just an academic institution. And so the backbone of this is the students. And if we don't have students, there's no one to teach."
U of I spokeswoman Robin Kaler said the recommendation to close the facility came after evaluating competing interests of students, faculty, and the public, and determining that closing the Institute and discontinuing degree programs were in the best interests of the Urbana campus. She also cites declining enrollment at the Institute in the past decade, noting it had 176 applicants in 2002, admitting 119, and 65 freshman enrolled. In 2010, the Institute had 112 applicants, admitting 65 and 34 enrolled.
A hearing on the Institute's future will be held Tuesday before Urbana campus Senate. The plan must also go before the U of I's Board of Trustees and the State Board of Higher Education.
Champaign County Board members have narrowly rejected a plan to extend Olympian Drive to Lincoln Avenue.
Tuesday night's 13-to-10 committee of the whole vote followed another backing the long-debated extension of Olympian itself. But opponents felt plans for the 'green route' or north-south 'S' curve connecting Lincoln to Olympian would impact too many landowners, with no guarantee the route would lure industry. Republican Alan Nudo favors further research, with those residents involved.
"I'm all for Urbana having commercial-industrial in this area, because that's what it's going to be," Nudo said. "It's in a mile and a half, and I think it's a fait accompli. But we need to take care of the residents in there, and do it right."
Nudo said a new phase of research will provide options, and enable for compromise.
Democrat Tom Betz said it is hard to disagree with those arguments and side with economic interests, but he supported the plan.
"We are creating an artery, and method by which development can take place," Betz said. "But I think it is more likely to happen as a result of this than if we do nothing. Right now, Olympian Drive kind of is a road to nowhere. The county needs some economic development. It's not just the city of Urbana."
Urbana Mayor Laurel Prussing said she hasn't given up on the green option, and could return to the county board in two weeks. She said she wants to develop some cost estimates for an altered plan, but won't start over from scratch.
"We''ll modify what things cost, but we're not prepared to say 'we need to spend $170,000 (on a new study)," Prussing said. "What this is really - we can't find perfect. And sometimes, my philosophy is, you just gotta settle for excellent."
A study of options to the west would take 18 months. Champaign County Highway Engineer Jeff Blue said consultants can estimate the cost of some new alignments. But he said a new study should start by April, or the Olympian Drive project could risk losing the $15-million in state and federal money.
This is the season for tapping maple trees for syrup, and while Vermont is the nation's big maple syrup producer, other regions produce it, too.
This weekend and next, Parke County in western Indiana celebrates its maple syrup producers with the 48th annual Maple Syrup Fair. Rebbecca Pefley is one of those maple syrup producers. Her great-grandfather started the Smiley Sugar Camp, which --- thanks to her grandson --- is now a fifth-generation family business. Pefley said there is a big difference between real maple syrup, and the cheaper syrup most people put on their pancakes.
"What you buy in the grocery store is just mostly Karo or corn syrup, and with some slight amount of maple syrup in it," Pefley said. "But what you get here in Parke County, and what we make is 100% pure. It has nothing added. It is just the sugar water boiled down to the syrup stage".
Besides the big difference between real and artificial maple syrup, Pefley said there is a difference between Indiana maple syrup and the better-know Vermont product, noting that her syrup is a little milder.
In all, five local maple syrup camps will be selling their product at the Parke County Maple Syrup Fair. Cathy Harkrider of Parke County Inc. said she expects attendance over the two weekends to total around 8,000 to 10,000, depending on the weather. Maple syrup will be on sale, to take home or pour on pancakes right at the fair. Directions will be available to visit local maple syrup camps, to see how the syrup is made. In addition, the Parke Players will present their production of "Nunsense" in conjunction with the Maple Syrup Fair, at Rockville's Ritz Theater.
The 48th Annual Parke County Maple Syrup Fair takes place Saturday and Sunday, February 26-27 and March 5-6, at the 4-H Fairgrounds on U-S Route 41 near Rockville, Indiana. Pancakes will be served each day from 8 AM until 4 PM.
As protesters flock Wisconsin's capitol in response to legislation to strip most public employees of bargaining rights, a group held its own rally on the University of Illinois campus.
About 125 people made up of university students and staff, and nearby residents stood in front of the Alma Mater statue chanting: "The workers united will never be defeated. The workers united will never be defeated. The workers united will never be defeated."
The Graduate Employees' Organization, a labor union representing 2,500 U of I teaching and graduate assistants, helped organize the event. Union member Stephanie Seawell said workers in Wisconsin and all across the country should be able to negotiate for better contracts, a right she criticizes Wisconsin Governor Scott Walker for trying to take away.
"That fundamental right is being challenged in Wisconsin, and if it can be challenged in Wisconsin, it can be challenged here," Seawell said. "Workers should join together and say this is enough."
At the close of the rally, participants marched to the YMCA on campus to hold a 24-hour-a-day vigil, which Seawell said will last until Governor Walker backs down from his proposal to eliminate collective bargaining rights for most of Wisconsin's public employees.
There's another delay in litigation over O'Hare International Airport expansion that pits United and American airlines against the city of Chicago.
A statement Friday from United Airlines and American says a new five-day delay will give the parties more time to resolve their differences over the financing and timing of construction of new runways and other improvements at O'Hare.
It says the latest delay comes at the request of U.S. Department of Transportation. The agency has been trying to mediate an agreement.
On Thursday, the sides asked a judge to lift a one-week delay on hearing the airlines' lawsuit that opposes the issuing of bonds for the expansion.
Mayor Richard Daley has accused the airlines of reneging on their promise in 2001 to help see through the overhaul of O'Hare.
Getting more revenue for the state was the main goal of Governor Pat Quinn's previous budget addresses. But this year, with a new income tax hike in effect, Quinn on Wednesday made no such pitch. The Governor mentioned a few new initiatives ... such as efforts to attract start-up companies to Illinois, and to double the state's exports. But the governor says the main focus of his proposed spending plan is exercising spending restraint. As Illinois Public Radio's Amanda Vinicky reports ... for some, the cuts Quinn has proposed don't go far enough. Others call them devastating.
Gov. Pat Quinn presented lawmakers with a budget proposal Wednesday that would increase state spending overall while skimping on human services and borrowing billions of dollars to pay old bills.
Among the spending cuts -- just a month after Quinn approved a major income tax increase -- are programs helping the elderly buy medicine, payments for medical services to the poor and money to hire new state troopers.
The Chicago Democrat described his plan as a frugal, even painful, step toward getting Illinois out of its cavernous budget hole.
"Our commitment to taxpayers is simple: We will only use tax dollars to provide necessary services. All unnecessary state spending will be eliminated," Quinn said in a speech to the General Assembly.
Republicans immediately said Quinn wasn't living up to that promise. They noted the key measure of state spending would increase by $1.7 billion, to about $35.4 billion.
"We got into this mess because we spent money we didn't have and it's just a continuation. It's the same old song," said House Minority Leader Tom Cross, R-Oswego.
Even Quinn's fellow Democrats questioned his budget math, suggesting that he proposes paying some upcoming expenses with money that isn't available or should be used to pay bills that are past due.
His plan also came under fire from groups that count on state money to provide services to the poor and sick.
Hospital and nursing home groups criticized Quinn's proposal to cut Medicaid rates by $552 million, or about 5 percent. Bob Hedges, president of the Illinois Health Care Association, called it "a terrible blow to our seniors, employees, families and communities."
Quinn spared education from dramatic cuts, but Voices for Illinois Children said his plan appears to slash after-school and mental health programs that keep children out of trouble.
"When the school bell rings, kids still have needs," said the group's policy director, Sean Noble.
The tax increase Quinn approved should generate about $6.8 billion in the budget year that begins July 1, but that's not nearly enough to put state government back in the black.
Quinn's aides say the increased spending in his proposal is a result of using the new income tax to cover the rising cost of services or pay for items neglected in past budgets. They said the spending plan includes more than $1 billion in cuts.
Even with the tax increase, Illinois has $9 billion or $10 billion in overdue bills that must be paid, Quinn's budget director David Vaught said. The governor's plan to pay those bills could be the most contentious part of budget negotiations.
Quinn and Democratic legislative leaders want to borrow $8.7 billion to pay off overdue bills. Instead of informally borrowing money simply by not paying its bills, the state would sell bonds and pay the debt over 14 years.
The governor maintains that this step, which technically would take place in the current budget year, would be fair to the state's vendors and good for the economy.
"We have the opportunity to jump-start our economy by paying our vendors today -- an immediate injection of billions into our economy," Quinn said in his 27-minute speech, during which he wore a sash known as a kente cloth to mark Black History Month.
Republicans called for more spending cuts before any borrowing.
"I don't think the public understands after the single biggest tax increase that we've had in the state of Illinois, that now you want to go borrow over $8 billion," Republican Comptroller Judy Baar Topinka said. "We have to clean up our act and get the budget into compliance first."
Democrats also questioned parts of Quinn's proposal. House Speaker Michael Madigan said the proposal appears to include $720 million from two technical tax changes that have not been approved, violating new policies meant to control spending.
"I'm confident that we will work our way through these differences, but my commitment in Illinois budget-making this year is to live within those spending controls," Madigan, D-Chicago, said in an interview with the public television show "Illinois Lawmakers."
And Senate President John Cullerton said Quinn seems to be using borrowed money to pay for upcoming expenses, instead of devoting it solely to overdue bills.
Still, Cullerton, D-Chicago, saved his sharpest remarks for the GOP officials who oppose borrowing to pay what Illinois owes to businesses, community groups and charities.
"If Republicans are willing to have a conversation that doesn't start with 'No,' I'm ready to listen," Cullerton said in a statement.
Quinn also called for consolidating some of the state's 868 school districts and said he wants a commission to study the always-contentious issue. He predicted taxpayers could save $100 million by merging small districts.
He proposed a major cut in state support for local schools' bus costs and he called for eliminating regional offices of education for a savings of $14 million.
Bookseller Borders, which helped pioneer superstores that put countless mom-and-pop bookshops out of business, filed for bankruptcy protection Wednesday, sunk by crushing debt and sluggishness in adapting to a rapidly changing industry.
The 40-year-old company plans to close about 200 of its 642 stores over the next few weeks. In Illinois, more than 15 stores are closing at locations across the state, including Matteson, Chicago, and Normal. There are also stores closing in Indiana at branches in Evansville, Indianapolis, and West Lafayette.
All of the stores closed will be superstores, Borders spokeswoman Mary Davis said. She doesn't expect those stores to be closed any later than the end of April, but it depends on when the stores sell out of books.
The company also operates smaller Waldenbooks and Borders Express stores.
Clearance sales could begin as early as this weekend, according to documents filed with the U.S. Bankruptcy Court in New York. Borders said it is losing about $2 million a day at the stores it plans to close.
Cautious consumer spending, negotiations with vendors and a lack of liquidity made it clear Borders "does not have the capital resources it needs to be a viable competitor," Borders Group Inc. President Mike Edwards said in a written statement.
Borders plans to operate normally and honor gift cards and its loyalty program as it reorganizes.
The company will receive $505 million in debtor-in-possession financing from GE Capital and others to help it reorganize.
According to the Chapter 11 filing, Borders had $1.28 billion in assets and $1.29 billion in debts as of Dec. 25.
It owes tens of millions of dollars to publishers, including $41.1 million to Penguin Putnam, $36.9 million to Hachette Book Group, $33.8 million to Simon & Schuster and $33.5 million to Random House.
It's significant that Borders could not reach an agreement with creditors and file a "prepackaged bankruptcy." Said Nejat Seyhun, a bankruptcy expert at the University of Michigan.
It could be a sign that creditors do not believe Borders will be a "viable operation going forward," Seyhun said.
Activist investor William Ackman, whose Pershing Square Management Co. has a nearly 15 percent stake in the company, also stands to be a big loser. Shareholders are often wiped out in a reorganization.
He offered to finance a $16-per-share Borders-led takeover bid for rival Barnes & Noble in December, but nothing materialized.
The filing was expected, but it is far from clear if it will be enough to save the company.
"They are going to have to be an entirely different company than the one that went into bankruptcy protection if they want to emerge successfully," said Jim McTevia, managing partner of turnaround firm McTevia & Associates in Bingham Farms, Mich.
It has been a long fall for the Ann Arbor, Mich., company, which 15 years ago appeared to be the future of bookselling.
Big-box bookstores have struggled as competition has become increasingly tough as books become available in more locations, from Costco to Walmart, online sales grow and electronic books gain in popularity.
Borders also suffered from a series of errors: failing to catch onto the growing importance of the Web and electronic books, not reacting quickly enough to declining music and DVD sales, and hiring four CEOs in 5 years without book-selling experience.
"Books and content just became so available at so many other locations, online and offline, the 'grow, rinse, repeat' mindset just wouldn't work anymore," said Michael Norris, senior trade analyst at Simba Information.
In addition, Americans are simply buying fewer books. Sales fell nearly 5 percent in 2010 to 717.8 million from 751.7 million last year, according to Nielsen, which tracks about 70 percent of book sales but doesn't include Walmart stores.
For book lovers who like to shop in stores, the news was worrisome.
"It's just really sad to hear that happening," said Monika Barera, 50, shopping Wednesday at a Borders store in its hometown of Ann Arbor, Mich. The downtown store she was shopping at isn't closing, but four others in Michigan are. "I just hope they can find a way through."
At its peak in 2003, Borders operated 1,249 Borders and Waldenbooks stores. Now it operates barely half that. Its annual revenue has fallen by about $1 billion since 2006, the last year it reported a profit.
Borders' rival Barnes & Noble, which has 29.8 percent of the book market compared with Borders' 14.3 percent according to IBIS World, has done better by adapting to e-commerce and electronic books more quickly and keeping management stable.
Tom and Louis Borders opened their first store in 1971, selling used books in Ann Arbor, Mich. At the time the brothers were mostly interested in offering other bookstores a system they'd developed for managing inventory.
But in 1973, the store moved to a larger location and starting selling new books. The brothers decided to focus on opening more bookstores.
The birth of the superstore was still a decade away. The Waldenbooks and B. Dalton mall chains, with small, 2,000-square-foot stores and 20,000 to 50,000 titles, were growing rapidly.
Against this backdrop, Borders opened its second location in 1986. From there, the company opened one or two bookstores a year; the pace eventually increased to 40 a year.
The new superstores, in contrast to mall chains, ran 10,000 to 15,000 square feet and offered between 100,000 and 200,000 titles and enticements to linger like comfortable chairs and attractive lighting.
Kmart Corp. saw the potential and acquired Borders in 1992, forming a book unit with Waldenbooks. It then spun the bookstores off as a separate company in 1995, the same year a company called Amazon.com started selling books online.
Analysts say a key error for Borders came in 2001, when it contracted out its e-commerce business to Amazon.com.
"Termites don't team with Orkin," said Simba Information's Norris. "Amazon had no incentive whatsoever to promote Borders. ... It really marked the beginning of the end."
That relationship lasted until 2006. By then, Borders lagged far behind Barnes & Noble, which had been selling books online since 1997.
By the time Borders' current CEO, financier Bennett LeBow, came aboard in May 2010 after investing $25 million into the company, the ship was listing badly.
Fordham University marking professor Al Greco said Borders can operate with fewer stores, but the same challenges remain, Greco said.
"This is not a good day for book retailers, book readers and book publishers," Greco said. "It's a serious problem that a major chain that did a nice job for many years could not survive."