Monthly Archives: June 2017

Creditors of a Tinley Park real estate brokerage who claim they are owed hundreds of thousands of dollars are trying to force the firm into bankruptcy.

Oak Park Avenue Realty Ltd. is an affiliate of Mack Industries, also based in Tinley Park, which filed for Chapter 11 restructuring in late March. Oak Park Avenue wasn't included in that bankruptcy filing.

Mack Industries built its business purchasing homes that had been foreclosed on, fixed them up and then found renters for them. Homes were also sold to investors, and Mack in turn would guarantee them a steady income stream by finding renters.

Owners of the homes are owed at least $433,000 by Oak Park in unpaid rents and security deposits collected by the firm from renters, according attorney Brian Jackiw, who is representing them in the petition, filed May 31, seeking involuntary Chapter 11 for the company.

Locally, one creditor, from Orland Park, is owed $153,000, and other property owners are from Frankfort and New Lenox as well as states, including California, Colorado and Virginia. Jackiw said he is being contacted by other property owners who may join the case.

A call left for Oak Park seeking comment was not immediately returned.

Forcing the company into bankruptcy could result in assets being identified that could be sold off to repay Oak Park's creditors, Jackiw said.

He said the investors he so far represents own, collectively, about 125 properties, mainly single-family homes.

Are the amounts as far as unpaid rents owed cover a specific time period?

Jackiw said some of the creditors are owed two months' rent and some are owed for four months. He said Oak Park would generally send property owners monthly account statements showing information, such as how much rent was collected and what management fees were charged by the company, but that, in most instances, Oak Park stopped sending out those reports about two months ago.

In connection with Mack Industries' bankruptcy, allegations of fraudulent financial transactions have been aired against Mack and its founder and chief executive, James K. "Mack" McClelland, who is an owner of Oak Park Avenue Realty.

American Residential Leasing, the largest unsecured creditor in the case, had asked the court to name a receiver a request since approved by the judge to oversee Mack's operations, alleging there have been "several million dollars' worth of potentially fraudulent" fund transfers and distributions among Mack insiders and affiliated companies.

Separately, lender Colony American Finance sued McClelland individually, alleging he owes more than $19 million to the company for defaulting on a December 2015 loan agreement, the proceeds of which were used to buy and rehab properties. In its complaint, filed just weeks after Mack Industries' Chapter 11 filing, Colony American states $9.8 million was advanced to McClelland for rehab work and alleges that some of that money was "misappropriated, misapplied and converted" for other uses.

The trustee in the Mack bankruptcy case recently won court approval to hire a forensic accountant who spent years as an FBI special agent investigating money laundering and fraud schemes.

In explaining in a court filing the need to bring on someone with specialized skills, the trustee noted a "complex history of opaque financial and business dealings" among Mack, its numerous subsidiaries and company principals.

mnolan@tribpub.com

Twitter @mnolan_J

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Creditors seek to force bankruptcy of Tinley Park firm - Chicago Tribune

Saying her husband, Kent Lindemuth, had interfered with attempts to sell properties to help resolve the Lindemuth bankruptcy case, Vikki Lindemuth supports a federal judges appointment of a trustee to direct his part of the couples bankruptcy.

Appointment of a Chapter 11 trustee to take control of Kent Lindemuths interests will stop Kent from disrupting the debtors business operations, Vikki Lindemuth said in a response to U.S. Bankruptcy Judge Robert Bergers preference to appoint the trustee.

Berger gave the parties 20 days to respond to the plan to appoint a trustee. He issued the decision May 25 rather than ordering liquidation to repay debts.

Berger also has issued an order granting Vikki Lindemuths motion to sever the couples joint bankruptcy case. The Lindemuths are in the middle of a divorce.

Kent Lindemuth hasnt responded to the judges plan to appoint a trustee for him. His wife, however, said appointing a trustee on his behalf will restore and preserve the confidence of the debtors creditors, vendors, lessees, potential lessees and others that the reorganized debtors will be able to meet their continuing obligations under their respective plans.

As part of the Lindemuths bankruptcy reorganization plan, James B. Lloyd, who has power of attorney, has managed the debtors businesses based on the bankruptcy reorganization plans.

But Kent Lindemuth has progressively undermined Lloyds authority by representing to the debtors vendors, lessees, potential lessees, and others that he is in control of the debtors businesses and properties, Vikki Lindemuth wrote in support of appointing a trustee.

Vikki Lindemuth contends six automotive and moving and storage businesses owned by Kent Lindemuth havent paid all the rent owed on the Lindemuth property they occupy ostensibly because they didnt have sufficient income. The rent shortfalls have caused the debtors to default on some real estate taxes, Vikki Lindemuth said.

However, income from two of the moving and storage businesses was more than enough to make their rent payments, Vikki Lindemuth said.

She also contended Kent Lindemuth has actively interfered with Lloyds attempts to market and sell some properties to reduce past taxes owed, debt and preserve the debtors remaining assets.

Kent Lindemuths pending federal criminal charges have been widely publicized, and have caused great consternation among the debtors creditors, vendors, lessees, potential lessees, and everyone else who is or may become involved with the debtors business operations, Vikki Lindemuth wrote.

Some current lessees are questioning whether to extend their leases, and the Lindemuths have lost opportunities to lease some property, Vikki Lindemuth said.

Berger scheduled June 22 as the date he would appoint a Chapter 11 supervisory trustee for Kent Lindemuth.

Kent Lindemuth is charged with 107 counts of bankruptcy fraud, six counts of money laundering, two counts of receipt of firearms, and one count each of perjury and receipt of ammunition.

Lindemuth, 65, is scheduled to face trial beginning Sept. 12 before U.S. District Judge Daniel Crabtree in Topeka.

Contact reporter Steve Fry at (785) 295-1206 or @TCJCourtsNCrime on Twitter.

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Vikki Lindemuth favors appointment of trustee to handle husband's bankruptcy - Topeka Capital Journal

The growth of home solar has been unstoppable in recent years. According to the Solar Energy Industry Association (SEIA), solar sales nearly doubled in 2016, with more than 14 GW installed. For many, the projections for stellar growth in rooftop solar and other sectors of the industry seemed unshakable.

And nothing speaks more to that growth than the cost of home solar installations. In 2016, the cost related to those rooftop gems dropped 29 percent, says SEIA, which notes that a drop in hardware sticker prices helped lead the way to cheaper prices overall.

But while the cost of solar has been plummeting, there have been troubling indications for several years now that the home solar sector may not be as resilient as say, the community sector. Since 2011, more than 100 solar-related companies have shut their doors, either restructuring, selling or going out of business altogether.

Plus, a running list on GreenTechMedia from 2015 indicates that the turnover is by no means limited to solar installers. Parts manufacturers face their own challenges, with falling prices impacting the industry across the board and industry advances making it hard for others to keep up. Consumers however, notice it most when the installer they have contracted with doesnt turn up to finish the installation and wont answer the phone.

Still, it was the most recent spate of failed solar installers that made us ask: Is the problem a vast divide between what companies are promising consumers and what (they find later) it costs to run the business? Is it profit projections vs. profit reality? Or is it an indication that home solar is really unsustainable?

To get a sense of the problem, TriplePundit delved into the history of some of the most recent and largest installers that have called it quits. We bent an ear to what they said when they sent out their press announcements and took a look at what solar analysts feel is really the issue. Lastly, we took a speculative look at one company that earlier this year was struggling, but felt it had positive momentum to overcome until it went off the radar altogether.

Most of the solar installers that have unfortunately landed on the list of company closures have been forthright, letting their customers know that there would be contract changes on the horizon, whether it meant an outright sale, a bankruptcy or a shifting of corporate priorities.

But according to Mel Burns, executive director of energy concierge services at MyDomino, thats not the case with American Solar Direct, which gained a great reputation after it burst on the scene in 2009 and disappeared earlier this year without a whisper. MyDomino, based in Oakland, networks with consumers to help them with their clean energy concerns.

In 2014 they were like gangbusters. They were one of the fastest growing solar companies and now, poof! theyre gone, said Burns. They really [went] off of the radar very quickly and without notice.

And it was that lack of heads-up and follow-up that caught the attention of two solar customers, whose well-honed experience in research told them that something was amiss when their new solar installer not only didnt finish the job, but didnt file the paperwork to get paid by the loan company. Paul SanGiorgio is a physicist [his wife, Jen Boynton is the editor-in-chief of TriplePundit.]

I totally understand if they are going out of business that they dont really care about my side paneling or fixing the electrical panel, said SanGiorgio, but it just seems totally bizarre that they have shown zero interest in actually getting paid for the work that they did.

According to SanGiorgio, the couple reached out to MyDomino last September when they decided they wanted to install solar panels on their home. At their request, MyDomino sent a list of companies that had been screened and had been operating in the SanGiorgios geographic area. The SanGiorgios reviewed the choices and eventually settled on American Solar Direct. [American Solar Direct] sent some people out to look at our roof and make sure our roof was OK. They gave us the final OK sometime in October or November. So we signed the contract and they started doing the work.

But the couple soon found that the process wasnt going to be as straight-forward as it looked. SanGiorgio said the construction crew responsible for upgrading the electric box and installing the panels would turn up without the right contractor to do the work, with the wrong equipment, or with no equipment at all. In January, some three months after signing the contract, the installers announced the job was ready to be approved by a local inspector.

Thats when the SanGiorgios discovered that in order to install a new, higher grade electric panel, the installers had torn off some of the siding on their house presumably just before the record winter storms had set in, leaving the insulation exposed to rain and erratic temperatures. According to the city inspector, they had also failed to waterproof one of the electricity boxes, a requirement before the city would agree to OK the work.

SanGiorgio said the representative from American Solar Direct who was present at the inspection promised that if the inspector would sign off on the job, he would run over to Home Depot and buy a tube of calk and come right back. The inspector accepted the promise and signed off on the new solar panel array.

And thats the last time I ever saw anyone from American Solar Direct, said SanGiorgio.

According to both SanGiorgio and Burns, it was also the last time either of them heard from the company.

Burns said her first solid indication that American Solar Direct may have gone under was a phone call from Sighten, a solar quoting platform that is an essential component to large-scale solar installations. Sighten had called to let her know that the company seemed to have disappeared from the network and was no longer using their services.

Thats a telling sign, said Burns. They had been a large-volume player. Burns said it would have been virtually impossible for the company to operate without using the quoting platform.

Since our interviews with SanGiorgio and Burns, TriplePundit has learned that American Solar Direct has filed bankruptcy, adding its name more officially to those companies that couldnt compete with an aggressive market climate. According to its Chapter 7 filing, the company owed between $10 million and $50 million and by the time it called quits on June 2 had less than $60,000 in assets.

That kind of disparity between liabilities and assets is a familiar scene these days that has been played out repeatedly over the home solar landscape, where both new and seasoned solar companies, driven by the demand to corner the market and as Burns puts it, reach the holy grail of grid parity compete with unsustainably low prices and promises of record-speed installations.

The names of failed home solar companies these days read like a whos who of solar fame: Sungevity, Solyndra, SunEdison, Verengo, HelioPower, One Roof and Vivint, some of which were forced into bankruptcy, and some of which had the better fortune to be acquired by hopeful companies, spell a troubling picture for an industry that has garnered the interest of investors and the excitement of homeowners who see affordable payments as a way to beat the increasing costs of the electricity grid.

Comments left on Glassdoor by Sungevity employees are as telling as the reasons that other companies have given for their downfall. According to Sungevity employees, cash management procedures and lack of foresight contributed to why a successful, name-brand solar company ended up being sold off for assets. The same story could be heard from its competitors like mega-giant SunEdison, which later found itself under investigation for overstating its worth.

But from Burns point of view the issue is even simpler. It has to do with managing how much you charge against how much you really need to pay your overhead.

Nine years ago, [the cost of solar] was roughly $8 or $9 a watt, explained Burns, who began made her career in clean energy working for Sungevity when if first launched. Today that cost is around $3 to $4 a watt. Thats a 60 percent drop. Thats wonderful.Thats really triggered the solar explosion and made it possible for a lot of people to get solar [for whom] that was never possible before.

Except the overhead hasnt shrunk or kept pace, said Burns. That new, basement floor price must still pay for hard costs solar panels, inverters, etc. and soft costs labor, installation, design and a staggering list of in-house expenditures, government taxes and permits that now all must be met with lower revenue.

Can a 60 percent drop in price still pay for all those things?, Burns asked.

As far as MyDomino is concerned, Burns said, the closure of American Solar Direct is a wake-up call for an industry that fervently believes in clean energy, but also relies on its partners to be transparent. She said she is taking the time to study and learn as much as she can about what caused American Solar Direct and others to become insolvent.

I still believe in residential solar, Burns reassured adamantly. It is still going to do well. It is still going to have great growth. But it is in a period of transition. And that transition may entail a few more years of growing pains.

As to the SanGiorgios, they are still waiting for American Solar Direct or someone in its stead to bill their loan company. SanGiorgio said the loan company wont start the payments until they receive a bill from the installer, which so far has been unreachable.

As far as I can tell, it has basically stopped functioning, said SanGiorgio, who echoed Burns observation that the companys bidding price and lack of operational management may have had a role to play in the companys fate, like so many before it.

I dont know why, but they [were] not bidding well and they [were] not organizing their projects well and this is the end result: They are going out of business.

Flickr images: brian kusler; Russell Neches; Wayne National Forest.

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Breaking: American Solar Direct Files for Bankruptcy - Triple Pundit (registration) (blog)