PDA

View Full Version : TODD MCFARLANE PRODUCTIONS FILES FOR CHAPTER 11 BANKRUPTCY


grinner
12-23-2004, 07:48 PM
Todd Mcfarlane Files For Bankruptcy

Posted: Wednesday, December 22
Posted By: Markisan Naso
Print This Item

Todd McFarlane Productions, Inc., has filed for protection under Chapter 11 of the U.S. Bankruptcy Code to continue regular operations, due to the aftermath of a $15 million verdict handed down last July by a St. Louis jury in a lawsuit by retired hockey player Tony Twist over the use of the name of a fictional mobster character.

The filing does not involve and will have no impact on McFarlane Toys, one of the nation’s largest toy action figure manufacturers, or any of the other companies in which Todd McFarlane is an officer.

“Only one company is involved in this action, and it will continue to operate and create comics,” said McFarlane, chief executive officer of Todd McFarlane Productions. Filing for protection under Chapter 11 will enable Todd McFarlane Productions to propose a plan of reorganization while its appeal of the judgment to the Missouri Court of Appeals proceeds. The company will continue to produce comic books, without impact on any customers, partners or fans. link (http://www.silverbulletcomicbooks.com/news/110375269257758.htm)
TODD MCFARLANE PRODUCTIONS FILES FOR CHAPTER 11 BANKRUPTCY PROTECTION
by Jonah Weiland, Executive Producer
Posted: December 18, 2004

According to a story by the Associated Press, Todd McFarlane Productions Inc. has filed for Chapter 11 Bankruptcy protection from creditors in U.S. Bankruptcy Court in Phoenix, AZ on Friday December 11th, citing the 15 Million dollar claim by form St. Louis Blues NHL Player Tony Twist as his largest creditor. A Chapter 11 filing allows for a court-supervised reorganization of debtor companies. The debtor usually proposes a plan of reorganization to keep the business alive and pay creditors over time.

Last July, a St. Louis Circuit Court awarded Twist a $15 million dollar reward after concluding that McFarlane and his company profited by using Twist's name without permission in "Spawn" comic books. Tony Twist was the nickname of character Antonio Twistelli, a violent New York mob boss depicted in early issues of "Spawn" comics.

Amongst its creditors, the filing lists McFarlane Toys as the second largest creditor owed $683,902, nine artists owed about $60,000 and a collection agency owed about $7.700.

McFarlane made national headlines by buying up key baseballs at auction over the last 10 years, including the $3 million paid for Mark McGwire's 70th home-run baseball. He also paid $450,000 last year for Barry Bonds' record 73rd home-run ball. link (http://www.comicbookresources.com/news/newsitem.cgi?id=4568)
Bankruptcy latest twist for Valley's McFarlane

Craig Harris
The Arizona Republic
Dec. 18, 2004 12:00 AM

A multimillion-dollar jury award against Todd McFarlane, a Valley businessman who has made headlines for buying home-run baseballs, appears to have pushed his comic-book company into Bankruptcy Court.

Tempe-based Todd McFarlane Productions Inc. filed for Chapter 11 protection from creditors in U.S. Bankruptcy Court in Phoenix on Friday, listing a $15 million claim by former National Hockey League player Tony Twist as the largest creditor.

McFarlane, who created the popular Spawn comic book and once drew Spider-Man, could not be reached for comment. Wanda Kolomyjec, McFarlane's wife and a director of the company, had no comment.

In July, a St. Louis Circuit Court jury awarded Twist, a former St. Louis Blues player, $15 million after concluding that McFarlane and his company profited by using Twist's name without permission and Twist's publicity rights were infringed.

McFarlane gave the name Antonio "Tony Twist" Twistelli to a violent New York mob boss character in his Spawn comic books in the early 1990s. Spawn is a dark figure from hell who violently kills villains.

McFarlane, who made headlines in 1999 for buying baseball slugger Mark McGwire's 70th home-run baseball for $3 million, had said the use of Twist's name was protected under the First Amendment.

In 2000, a St. Louis Circuit Court jury also ruled in Twist's favor and awarded him $24.5 million, but a trial judge overruled the verdict. The state's appeals court later sided with McFarlane, but the Missouri Supreme Court ordered a new trial last year.

That state's high court concluded that the use of Twist's name was driven more by money than artistic value. Neither Twist nor his attorney could be reached for comment Friday.

McFarlane has vowed to appeal the $15 million judgment.

Although McFarlane no longer draws Spawn, he capitalized on its popularity with a line of comic-book toys in the mid-1990s. His company later created statuettes of rock stars, movie characters and professional athletes. His other companies have made animated TV and feature films and videos, and he has his own Web site, spawn.com.

He had a cultlike following among comic-book fans, but McFarlane gained widespread fame after buying the McGwire baseball.

McFarlane had said that purchase opened the doors for him to market his toys, especially his sports figures, to retail giants like Wal-Mart, one of his largest buyers.

Last year, McFarlane garnered national headlines when he paid $450,000 to buy Barry Bonds' record 73rd home-run ball at an auction in New York. McFarlane also owns Sammy Sosa's 66th home-run ball.

The bankruptcy filing frees up McFarlane's company from the threat of creditors' lawsuits while it reorganizes its finances, but the company can continue to operate.

A majority of creditors must approve the reorganization plan.

The filing also lists McFarlane's toy company, a related business, as the second-largest creditor, being owed $683,902. Nine contract artists are owed a total of $60,430, and a collection agency is owed $7,649.

McFarlane last year said his McFarlane Cos., then an umbrella of seven businesses, had annual sales exceeding $50 million. link (http://www.azcentral.com/arizonarepublic/news/articles/1218mcfarlane18.html)

grinner
12-23-2004, 07:49 PM
wow, I knew that this was going to happen.

I personally think that the Jury was wrong in the verdict... and that Mr. McFarlane was robbed.

Mazinkaiser
12-23-2004, 08:45 PM
I'm not a Todd fan, but I wouldn't wish this on my worst enemy. Good luck to him.

LT Garrix
12-23-2004, 08:55 PM
And this is why we don't know the name of Ben's SG-1 character yet. I don't know the ins and outs of the case, but it's a rough thing.