Tuesday, August 17, 2010


IS FREEDOM COMMUNICATION HEADING FOR A SECOND BANKRUPTCY?

Bankruptcy does not come along simply because of an economic turndown. Freedom ended up in bankruptcy because of mismanagement at every level. When your readership is telling you, you are failing them you do not ban them from your letters section and hope things will get better. This is the essence of Freedom’s management style.

To catch you up - I made the mistake of subscribing to the Brownsville Herald. The subscription form had a specific box for automatic renewal. I checked no automatic renewal. To the morons who run the Brownsville Herald this meant they could remove money from my checking account at will. All of my complaints were ignored.

I sent the president of the company a lawsuit I intended to file if he could not stop what was happening. You should know he had previously assured me the problem was fixed. It was not. You know a company is in trouble when low level people at the Brownsville Herald can tell the president of Freedom Communications to go jump in a lake.

After he received a copy of the prospective lawsuit, he finally understood the people running the Brownsville Herald are complete and total morons. He must have made it clear that one more complaint from me and someone was going to be fired.

Well a year later out of now where I am getting collection calls for a paper I never subscribed to. Again they are trying to access my checking account. They are calling me demanding that I allow them to access my account. The woman is threatening me on the phone - I believe she actually said I should be a man and pay my bills. What bill? I never ordered the Herald.

This was just before the bankruptcy. I filed the lawsuit. The collection calls finally ended.

Here is the problem. It appears the lawyers for Freedom failed to include my lawsuit in the bankruptcy. Maybe two months ago I received a letter that because I failed to submit a claim after being ordered to by the court, my claim was lost in the bankruptcy. I immediately notified the bankruptcy lawyers that I never received such an order and demanded proof I received the order and proof that I was even included in the bankruptcy.

Here is the scoop, if they failed to include me in the bankruptcy the claims remains live. Also claims covered by insurance are not subject to discharge. Also if they never sent me an order telling I have to file a claim by a date certain, then I have not lost my rights.

The bankruptcy lawyer wrote me basically saying Freedom will reserve its rights, and by the way “I am not sending you proof you were included in the bankruptcy or that you received notice to file a claim.”

With no proof my claim was discharged, I proceeded with discovery in the lawsuit. I am asking whether or not there is insurance to cover my claim. I am asking for proof I was included in the bankruptcy. I am asking for proof that I received notice I needed to file a claim.

I offered to settle my claim for $1,000.00. This is a mere $300.00 over my damages and costs. The lawyer representing Freedom wants to settle. He sees the value in the settlement offer. I can tell you based on the pleadings which have been filed locally, and what they are doing in the bankruptcy court, Freedom has now spent some $10,000.00 or more, to not pay me $1,000.00.

Two months ago, and as late as yesterday, I told their lawyers, just send me proof I received the court order telling me to file a claim and I will dismiss the lawsuit. They will not. You need to understand this case is not being driven by their lawyer - it is either being driven by management or the bankruptcy lawyers who screwed up the case.

This is not just about Freedom. This is about corporate America and in fact the government. No one wants to do the right thing. Whether it is a local city commission endlessly spending the people’s money, or a corporation endlessly spending the stockholders’ money, it is not their money so they spend - spend - spend - and then raise taxes or raise the cost of their product.

It is about mismanagement.

As to Freedom, I predict they will spend at least $50,000.00, before they pay me to settle the case.

If this is how Freedom is handling a tiny little claim, what does it tell us about their new management team? They are as bad as the previous management team if not worse. When the money is not theirs, corporate America seems to think spend, spend, spend is the only management style.

2 comments:

Anonymous said...

wow !

Anonymous said...

Hey dude,

Where is your going away party going to be at?