This is an information website for artists, songwriters, and publishers owed money in the antone’s records/texas music group/watermelon records bankruptcy proceedings. The artists’ Creditor’s Committee has put this site together in order to help answer questions and give you information about the ongoing case, what your rights are, and what we are recommending as a plan going forward.
*NEWS FLASH!*
PLEASE NOTE THAT THE DEBTOR ISSUED A NEW PLAN, WHICH MEANS THAT ALL PREVIOUSLY SUBMITTED BALLOTS ARE NOW IRRELEVANT AND CONNOT BE COUNTED. NEW BALLOTS MUST BE RECEIVED BY MARCH 8TH, 2010. EVEN IF YOU VOTED BEFORE, YOU WILL HAVE TO VOTE AGAIN. PLEASE SEE THE “BALLOT INSTRUCTIONS” PAGE FOR A DOWNLOADABLE BALLOT AND INSTRUCTIONS TO SUBMIT IT.
General Information About The Case
There are over 500 artists, songwriters and publishers that are owed money in this case, primarily because the Debtors—including Antone’s Records and Watermelon Records – by their own admission – have not paid either mechanical or artist royalties to the vast majority of its artists in ten years or in some cases, even longer. Also, it appears that a great many of these artists, songwriters and publishers either still don’t know that this proceeding is happening – a lot of the mailing addresses the Debtors are using are very old and out of date – or they are just now finding out about it.
The court has allowed the artist Creditors Committee to put together a committee of artists and their representatives to work towards finding the best possible outcome for all the artist, songwriter and publisher creditors (“creditor” means anyone who is owed money in the case). We have worked hard to do just that, and we believe we have found the best solution, which would involve a buy-out of the Antone’s Records and Watermelon Records catalogs and MUCH higher artist royalty and mechanical royalty rates going forward. Please see “Creditor Plan” tab for a lot more information. A bankruptcy case is under federal jurisdiction, so this case is being heard in UNITED STATES BANKRUPTCY COURT WESTERN DISTRICT OF TEXAS, AUSTIN DIVISION, under the jurisdiction of the Honorable Judge Craig A. Gargotta, case number 08-12292.
BALLOT DEADLINES & INSTRUCTIONS:
The important thing now is that we need you to vote on the plan. If you agree that the committee plan is better, please follow these instructions:
- DOWNLOAD THE NEW BALLOT PDF and print it out. To save the ballot, right-click the link and select "Save As..."
- FILLING OUT FIELDS IN THE BALLOT:
- CREDITOR NAME: Write your name as it is listed in the Antone’s Creditor Listing – the downloadable PDF called “Creditor Listing Antone’s Bankrupcty” is provided on this website. ALSO, VERY IMPORTANT: Make sure to review the whole list and check under your publishing name too – you could be listed twice or more times. If so, please submit a separate ballot for each listing!
- CREDITOR CLASS: Write “Class 5”
- AMOUNT: List the amount shown in the “Creditor Listing Antone’s Bankrupcty” document. If it says “0”, please list “Unknown”
- BALLOT VOTING:
- BALLOT DEADLINE AND SUBMISSIONS:
If you agree with us that the Committee plan is better, TO PLEASE SELECT THE 2ND OPTION ON THE BALLOT THAT STATES “REJECTS THE DEBTOR’S PLAN AND ACCEPTS THE COMMITTEE’S PLAN”.
ALL PLANS MUST BE RECEIVED BY MARCH 8TH. Here are 3 ways to file them:
By mail (must be RECEIVED by March 8th):
Antone’s Ballots
c/o Barron & Newburger, P.C.
1212 Guadalupe, Suite 104
Austin, TX 78701
By Fax:
ATTENTION: Antone’s Ballots
To: Steven Sather
Fax Number: (512) 476-9253
By Email: (If you email the ballot, you must first sign it and then scan it)
ATTENTION: Antone’s Ballots
To: Steven Sather
ssather@bnpclaw.com
Send A Letter To The Court
WE ENCOURAGE ALL CREDITORS TO ATTEND THE CONFIRMATION HEARING ON MARCH 15TH.
THE ADDRESS OF THE COURT IS:
Homer J. Thornberry Federal Judicial Bldg.
903 San Jacinto Boulevard
Austin, Texas 78701
HOWEVER, IF YOU ARE UNABLE TO ATTEND BUT WISH TO WRITE A LETTER TO JUDGE GARGOTTA DESCRIBING YOUR INTEREST IN THE CASE OR YOUR EXPERIENCE WITH ANTONE’S RECORDS OR WATERMELON RECORDS PAYING YOUR ROYALTIES PLEASE WRITE A LETTER TO:
Honarable Craig A. Gargotta, U.S. Bankruptcy Judge
Homer J. Thornberry Federal Judicial Bldg.
903 San Jacinto Blvd., Suite 332
Austin, Texas 78701
YOUR LETTER SHOULD IDENTIFY YOU AND DESCRIBE YOUR CONNECTION TO THE CASE (ARTIST, MUSICIAN, VOCALIST, SONGWRITER, PUBLISHER) AND SAY WHAT YOU WANT TO SAY ABOUT YOUR HISTORY WITH THESE COMPANIES. BE PROFESSIONAL AND CONCISE.
MAKE SURE TO EMAIL A COPY OF YOUR LETTER TO THE LAWYER FOR THE ARTIST/SONGWRITER CREDITOR COMMITTEE:
LYNN BUTLER, ESQ. AT LButler@mailbmc.com.
PLEASE SEND YOUR EMAIL BEFORE MARCH 15.