Ensemble Chimes Global in Bankruptcy

Posted by: Brent Martin in News

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Brent Martin
I hate to open 2008 with a downbeat post like this, but I received an e-mail last night from a partnership director at Ensemble Chimes GlobalTheir parent company Axium filed for Chapter 7 Bankruptcy yesterday. 
As a result of the liquidity crisis at Axium and ECG, the companies have been forced to file Chapter 7 petitions this afternoon and all operations are shutdown.  The businesses will not reopen. 

Not sure how this will affect me since I’m currently going through ECG at my current client, but my client assures me it won’t be a problem.  I still can’t help but feeling like one of many creditors of ECG with my hand out for what’s left over in the bankruptcy proceedings.

According to ECG’s web site, “ECG is the largest contingent labor management services provider in the world.”   I’m sure this will be very bad for a lot of IT people including some PeopleSoft consultants. 

I'm sure a lot of people have questions including whether or not taxes have been paid, whether or not 1099 or W2's will be printed, and whether that last payment will be sent.  If anybody has any information please let me know!

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Brent Martin
Thank God for Direct Deposit!
written by Brent Martin, January 09, 2008
Just checked my bank account and my November payment was there, deposited yesterday! Maybe it's a good sign if they did a pay cycle just before the bankruptcy. I was talking to a co-worker who didn't have direct deposit and he's not sure if anybody will honor a Chimes check even if he gets it in the mail.
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written by R. D., January 09, 2008
Yes, this is going to be a pain. I have been told that some companies (customers)that have not yet made the December payments to Chimes may have to (legal is looking into it) even though they know that Chies is Bankcrupt and will probably not pay their resources; then we vendors would have to go though the courts to get whats left of our money smilies/sad.gif Very Bad.
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Top Players
written by John L, January 10, 2008
There are several companies in the space but few of them are financially stable. Beeline is a public company with strong financials that will undoubtedly be the beneficiary of this problem. I'm sure current Ensemble/Chimes customers will do their homework on vendor financials when they chose a replacement organization.
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ECG
written by Chris Lockhart, January 10, 2008
Brent

Sorry you are caught up in the mess. The main driver of the bankruptcy appears to be non-payment of W2 taxes. They paid up for one year (reportedly $30 MM) but are behind in 4 other years. Expect to get notices from the IRS. Moreover, I understand none of the invoices paid by client will be paid to vendors, which is going to hurt a lot of folks. Not sure if customers will re-pay their bills or not.

What client do you work for? My client, dotStaff, is a VMS that is helping some of the Chimes users to recover a viable solution to manage their contingent labor. We are trying to get Chimes ex-customers up and running ASAP. Maybe you could help at your office?

Good luck.

Chris Lockhart
President
Lockhart Group, Inc.
Brent Martin
Ongoing Operations?
written by Brent Martin, January 10, 2008
How is everyone dealing with their ongoing operations now that their consultants are displaced, dazed and confused? My client sent me a generic supplier letter asking me to continue to provide services under the existing contractual agreement, and they'd ensure payment for services provided for January 9 forward. Does that sound pretty common?
Brent Martin
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written by Brent Martin, January 10, 2008
I have no idea why I got paid for November. I certainly didn't have a preferred relationship with Chimes -- I barely knew them. It was one of those things where I won the work myself and my client made me go through them. My only interaction with them was to enter time on their web site and look for the payment 30-45 days later.
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written by PS, January 10, 2008
I'm sure the movement of some of their corp staff to a competitor didn't help. That staff wasn't humble about it either.
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written by R. D., January 10, 2008
Same here. I received November payments but not December. Actually December's payments aren't due until late January. I also have direct deposit so maybe that is the difference.

Brent-

Is the client telling you to forfeit December payment and keep working for them? I'm thinking of raising the rate to compensate for the December loss and to build in some "risk" insurance as I don't make alot on my consultants.
I don't like the idea that I am forced to go through Chimes for 3% less, just to have them keep all the money - I still pay my consultants but its out of my pocket now.
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written by P.K., January 10, 2008
If you're a supplier at a managed program like Chimes, the money should be kept in an escrow account, I'd find out if it isn't. It protects you from these kind of failures. If you are a client of a program like Chimes, you also need this protection to avoid lawsuits from vendors if your managed program supplier goes belly-up like this. If your managed program doesn't do this, or refuses to, chances are they are funding thier operation with other people's money

With global capital drying up, I'd avoid venture-funded or startup VMS's. There are plenty of stable vendor neutral providers, no need to go with a risky provider. Kelly VMS and ProcureStaff (Volt) come to mind, both parts of large, stable, and publicly traded companies
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AE
written by Chris Roos, January 11, 2008
I went through a bankruptcy with a company about 6 years ago. One thing we learned is that any payments that are made 90 days BEFORE the company declares bankruptcy are subject to being repaid back to the company.

Depending on they type of bankruptcy and details, there could be some pain felt later on. I would cash checks now and hang on to the money just in case.
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written by N.T, January 11, 2008
My husband was contracted through ECG and worked at Bayer in Berkeley. Unfortuanelty he just received his checks for several weeks and the bank told him they could not cash due to insufficent funds- the teller told him the account was "real bad" I am curiuos to know how John K. saw this coming and a huge corporation like Bayer didn't.
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Forecasting the Bankruptcy???
written by MP, January 11, 2008
I, too, am curious how John K saw this coming. I am a Bayer, Berkeley, ECG contractor as well, affected by the filing.

John K, if you have a moment, please share how you saw this coming.

Thank you!
Brent Martin
Damn writers strike
written by Brent Martin, January 11, 2008
Could the writer's strike be to blame? I just ran across this article: http://www.nypost.com/seven/01..._20817.htm

Sources close to the company blamed an acquisition binge for Axium's financial woes but said the writers' strike, which has halted production on many TV shows and films, was the tipping point.

"They were a little shaky and the writers' strike threw them over the edge," said one client


BTW, Are you guys having as much trouble as I am finding anything substantial in the media about all of this?
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Consulting companies suck!
written by paul.reiter@earthlink.net, January 11, 2008
I was burned badly by this, and what really gets my goat is that the client I work for FORCED me to go through these idiots at 3% less of a rate. Over my objections, the client and Ensemble teamed up to stonewall any dissent on the issue. "If you don't like the deal, leave." Now this happens, and it is what I was afraid of all along. This has got to change, where IT works through a bunch of bean counters, get paid crappy wages, and then someone runs off with thousands of your hard earned dollars. My advice? Get incorporated, and go direct with the client or not at all! Insist they pay you every two weeks, not 60-90 days like Ensemble did.

Good luck to everyone,

Paul Reiter
RC3, Inc.
Brent Martin
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written by Brent Martin, January 11, 2008
I hear you Paul. But I was incorporated, and I was still forced to go through Chimes -- if I wanted the job anyway. I did manage to get set up with a corp-to-corp relationship with Chimes so at least they weren't playing shell games with my taxes.
Brent Martin
Axium / Chimes Files Bankruptcy
written by Brent Martin, January 11, 2008
Here's the best write-up I've seen about the bankruptcy so far:

http://hotgigs.typepad.com/hir...es-fi.html
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Axium in LA Times
written by William, January 11, 2008
Found the news in LA times:

http://www.latimes.com/business/la-fi-axium9jan09,1,733565.story?ctrack=1&cset=true

We are in biotech and are forced by our client to join the Ensemble Program in Feb. We had a conference call with our client yesterday. They told us to keep working but aren't responsible for the hours prior to Jan 9. Even worst, they're making us to go thru another staffing company.
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written by Mary, January 12, 2008
Not only did Chimes file bankrupcy, they liquidated all of their assets so there is little money left to collect from. This isn't going to be resolved for us for a very long time.
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President
written by Frank Liggett, January 12, 2008
As the owner of a small IT staffing firm I think it is a shame that companies would force us into these types of relationships and risk in an effort to control and squeeze more our of the contingent labor force, I truely regret what this will mean to the independents and small agencies that will be hurt financially because of this. I am blessed to have been turned down when we ask Chimes to add us to the list when they took over a few of our clients.
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CEO
written by Ginny Velasquez, January 12, 2008
I'm new to blogging and happy to have found this site. I don't have too much to add except to say that I am the co-founder of Ensemble. We sold to Axium when we were running short of cash, (onsite programs seem lucrative but are actually very expensive to run.) It's true that Axium was on an acquisition binge. They bought us and Workplace and then went after everyone they could in the space. I have met the owners and they are very very agressive to say the least. I too was shocked to see the sale price of Chimes, but figured out why they did that. Axium is ultimately a payrolling company and they figured they would transition all the contractors after six months to Axium's payroll as a cost benefit to the client and an increase in revenue to themselves (from 3% onsite fee to 19% payrolling fee). If they were able to convince enough of their clients to "stick it to" their staffing vendors then they would have easily made up for the $80M sale price. Also, the earnings on the cash that goes through the company is enormous. They enjoy the float between the payment from the client and the payment to the staffing vendor. Axium also holds/held a large number of commercial real estate. With the mortgage market the way it is, perhaps that affected their cash flow? I have to say I'm a bit shocked though, not totally surprised. Axium was a billion dollar payrolling company with a healthy net profit in the neighborhood of $50M/annually. However their apetite for taking over the non-entertainment payrolling world got the best of them. I believe their ego and greed got in their way. I truly feel for my fellowing staffing companies who are suffering due to this calamity. It's totally unfair. Trust me, I too have had to bare the brute of these collapses too. PG&E stiffed us for $250k during their bankruptcy proceedings. Best of luck to all my colleagues in this crazy industry, contractors, clients and staffing vendors alike!
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Former Chimes/ECG Employee
written by Chad, January 12, 2008
I was let go at the beginning of the downfall. I was not hurt as bad and the rest of the 300-400 empoyees of Axium and ECG, but it still hurts. I would like to let everyone know that Chimes, before the buyout from Axium, was a good company and a solid management. The company was secure and was making a profit. Axium came in and changed everything... and I mean everything. Everything we did as Chimes was bascially abandoned and I feel the Chimes clients and vendors paid the ultimate price for it. I would also like to add that the business world we all work in is like everything else, we want to get the best for the least possible price. Contract labor has been treated the same way. No matter how you look at it, every business wants to make as much money as they can or they don't deserve to be in business. It is a great shame that is has come down to this, but I believe there are only a few people that are to blame for this and to that end, they should be criminal prosecuted. From what I have read, Axium owes the IRS between $70-$100 million in back payroll taxes not to mention the roughly $140 million in defaulted loans. Take that along with all the employees of the Axium companies that didn't get paid for work for the last 2-4 weeks and the bankruptcy court has to figure out how to pay everyone. All in all, it is a giant mess and an unfortunate situation that comes in times of economic uncertainty. My best regards to everyone involved.
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written by ben dover, January 12, 2008
My client in NJ made everyone cut over to these fuck wits last December. We had no idea about this until 2:00 Thursday afternoon when the client told us. Guess they wanted us to know why we weren't going to get paid for last week today. Bastards.

I did check with IRS and they said that employees aren't responsible for withholding if your fark tard employer STEALS it.
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Technical Recruiter
written by Steve, January 13, 2008
I understand the crooks of the company are on a yacht in the Pacific Ocean. If that is true I hope they are eaten alive and ripped apart by sharks. I do understand that Bayer and other former Ensemble Clients have hired former employees to overlook the resume submission processes as consultants.

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PAYCHECK CHARGED BACK
written by ANON, January 13, 2008
MY PAYCHECK WAS CHARGED BACK! I DEPOSITED IT ON 1/7 AND IT WAS CHARGED BACK TO MY ACCOUNT ON 1/11/08!!! I WONDER IF I WILL GET PAID? I CONTRACT WITH A LARGE HEALTHCARE COMPANY THAT USES CHIMESNET TO PROCESS PAYROLL...I AM FREAKING OUT!
Troubled Contractor
How Can I Get Paid?
written by Troubled Contractor, January 14, 2008
I was payrolled directly through Ensemble, and as a result I haven't received my paycheck for the past 1 & 1/2 weeks of work. The company where I work says I need to go after Ensemble myself to get paid. Does anyone know how to do this? What forms do I fill out? With whom do I file a claim?
Brent Martin
RE: How Can I Get Paid
written by Brent Martin, January 14, 2008
I think that's the question right now. I'd like to avoid hiring an attorney to try to collect this for me, but that may be the only option.

Not sure if this information will help, or even if it's correct, but I thought I'd pass it along:

Axium International Inc.
Case number 2:08-bk-10277

Employer: Diversity Internal Inc.
Federal tax identification number: 20-5530083
Brent Martin
RE: Paycheck Charged Back
written by Brent Martin, January 14, 2008
It never occurred to me that they could take money out of your account once the check cleared. Unbelievable.

It did occur to me that with direct deposit, Axium had it's fingers in my bank account and could easily remove what it deposited with no input from me. So I closed my checking account, and now if they want their money they'll have to get a court order (at least I hope so).
Brent Martin
RE: CEO : Ginny Velasquez
written by Brent Martin, January 14, 2008
I think I need to read a Staffing Industry Primer or something because what I thought I knew about the industry was pretty naive. Not sure I entirely followed everything in your post, but I get the gist of it and I appreciate your insight. Sounds like another story of greed and corruption ruins companies and pummels the little guy. Too bad Sarbanes Oxley didn't fix all of this, but I guess for some things there's no cure.

I appreciate your remark about the overall economy, it goes along with something I've been thinking about. These staffing companies seem like the lubricant that keeps labor where it needs to be and thus keeps the economy rolling along. If you take out the biggest player along with a few months wages for tens of thousands if not hundreds of thousands of workers, there's got to be some fallout in the economy overall. Personally I feel like I have a front row seat to Recession '08!
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Managing Director IT Consulting LLC
written by Ian Tynan, January 14, 2008
Wow, what a blow. I am sure in some of the accounts a competitor will be taking over and will keep me the pieces. Sorry for anyone who has been affected, I hope it all gets sorted quickly. Luckily, I have not had to go through Chimes to my clients, but this certainly has opened up a whole new set of questions when taking on a new client.... best wishes and prayers to everyone affected.
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written by Contract Geek, January 15, 2008
Sadly, I consider all middlemen between the worker bees and the big corporations to be some order of parasite. All the vulture contracting companies swooping in here looking for fresh meat left for dead by Chimes does not alter my opinion. Everybody wants a piece of the worker bee's paycheck and the less they have to do to get it the better. Life in America.
Brent Martin
Bankruptcy Advice
written by Brent Martin, January 15, 2008
Got this advice from a friend of mine today. He's not a lawyer, but he's knowledgeable.

Make sure to file your claim just in case there is anything left. You should get a notice from the court. Keep copies of all your billing records related to the weeks in question. Also, keep the records for the prior year. Sometimes the Bankruptcy trustees come in and ask you to return some of the money you have been paid. If you have good records of billing and payments you can challenge the claim. I have done it successfully several times. The billing and payments records are crucial.
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written by Ben Slaugh, January 15, 2008
Does anyone have info on how if health benefits will be administered? I actually left ECG Oct 31st, but was taking advantage of the grace period for the Cobra Enrollment. Now I've called Nate Merandi's desk today with no answer, but I want to know if any company is going to even adminster Cobra for all those affected by this, myself included.

Looks like my bad feeling about the future of ECG was confirmed. I'm contracting now and about to get an FTE offer with benefits, but I would hate for my need for insurance to be my prime motivation for accepting a sub-par offer for employment somewhere.
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Partner
written by Caught Off Guard, January 15, 2008
Our firm has close to $200k tied up right now. We are owed for Nov/Dec & January. We have been assured by the company that FORCED US to use ECG that they will pay going forward from 1/9/08. Do we beleive them? Novemeber payments are part of the Bankruptcy. We may or may not get reimbursed for Dec/Jan. This will have to be sorted out by David Gill the Bankruptcy Trustee. The meeting of Creditors is scheduled for Feb. 5, 2008 @ 2:00PM in Los Angeles in the US Bankruptcy Court Central District of Calif.
Brent Martin
Bankruptcy Creditor FAQ
written by Brent Martin, January 15, 2008
Here's a link that answers some basic questions that we've all been asking: http://www.moranlaw.net/creditorfaq.htm

Here's a link to the Proof of Claim form: http://www.uscourts.gov/bankform/formb10new.pdf. Unfortunately according to the letter I got in the mail, we won't need it. Here's what it said:
Do not file a Proof of Claim at this time. There does not appear to be any property available to the trustee to pay creditors. you therefore should not file a proof of claim at this time. if it later appears that assets are available to pay creditors, you will be sent another notice telling you that you may file a proof of claim, and telling you the deadline for filing your proof of claim.
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Let's make sure we know who the culprits are.
written by Ex-ECGer, January 15, 2008
I worked for ECG to help staff IT contractors for one of ECG's clients, and prior to the aquisition last year the program office I worked in was Chimes, not Ensemble or ECG. Luckily the client I helped staff IT contractors for picked up my program office as FTEs and has brought the process in-house instead of finding another vendor management company.

I've received a lot of calls from past co-workers and other people I knew in the industry asking me about the whole Chimes debacle and the Chimes downfall and how Chimes screwed hundreds, if not thousands of contractors out of money for the past couple of months.

I want to make it clear that it was Axium executives who messed up. Axium was in control of the money.

ECG (Chimes) was there to make the contracting business fair and to help manage costs and I cringe everytime I hear about how ECG screwed people over. It was Axium!

I didn't get my last paycheck, but I am not so concerned with that. Everybody that I work with feels terrible about this situation - especially for the independent contractors who don't have an agency to fall back on. I am praying that the people who are to blame for this have to pay and go to prison; and I am also praying for the well-being of all the families who have been affected by this as I am in contact with them everyday.
Brent Martin
RE: Culprits
written by Brent Martin, January 15, 2008
I hear what you're saying, and I want to agree with you but I just can't. It's a distinction without a difference. Chimes lost their right to say "it wasn't us" when they sold out to Axium. I'm sure Axium kept the Chimes management structure in place and made you feel like the same old company, but that's just a page out of the playbook for acquiring consulting/staffing companies when you don't want employees to leave. It doesn't mean you're any less culpable than the employees in the Axium business unit who do similar jobs.

I do agree that the blame rests with the people in control at Axium (may they rot in jail), not the employees that just did their jobs. But whatever one of Axium's brands we choose to gripe about are all equally valid in my book. Try not to take it personally, but when you get acquired you become the parent company for good or bad.
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written by Mary D, January 16, 2008
RE: Culprits: "Chimes" did not sell out. Parent company CHC sold off Chimes as an asset during their voluntary liquidation. Founder and former president of Chimes bid on the company, but was outbid GROSSLY by dirty rotten so and sos at Axium. This would NOT have happened under Barry Olsen's watch. The man has integrity, and he built and ran Chimes with integrity.
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RE: ...
written by Chad, January 16, 2008
All Chimes upper management was replace when Axium took over. Chimes as a group was forced to abandon everything and accept and build upon what Axium/Ensemble had. Anybody that was left really didn't have a voice in the direction of the combined company and given the economy, it was not like there were hundreds of offers coming in that people could just jump ship. The Chimes people tried to make the best of it, but there is only so much one can do when greedy and shady people are in charge. What I find interesting is that before all this mess, I never heard Chimes in such a bad light. Its amazing what a crooked company can do to another company is 10 short months. That's right, Chimes went from a multi-million dollar company to nothing in 10 months. Makes you wonder now if Axium had some kind of connection to the board at Computer Horizons Corp??? How does two companies liquidate and thousands of people get screwed over lost wages and lost jobs in 12 months?????
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Companies Stepping Up
written by Chimed, January 16, 2008
Does anyone have any documented instances where a company that forced people to use Chimes is stepping up to make contractors whole - even if it means that they will pay twice for services? We have heard there are some out there.
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written by playdoh, January 16, 2008
Who would of guessed ensemble chimes/ axium will go bankrupt ...I really feel mislead in the whole situation being that, I only received about 5 different emails and not to mention a phone call or two for my billable time confirmation and approval. I mean I just had a conversation with payroll on a friday, received a call about 6 30 am the following Tuesday (same day checks are mailed out) to pick me up a LA Time/Business section to learn I was not receiving a paycheck that was entitled to me, my family and my own personal debtors. I have not been paid since the beginning of December---I get it people my car runs on air, I eat air, my rent is $AIR.00....cmon people then they have the nerves to tell us collect it ourselves---I could of been on vacation or home watching that 70's show or just tinkling my fingers somewhere...I know the best things are free but not on my time.....
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written by Caught Off Guard, January 16, 2008
Our consulting firm have been informed by upper management that in spite of claims made(in emails sent) by chimes people hired on to facilitate invoicing and payment going forward, December & early January reimbursemnet will be impossible because it is all a part of the Bankruptcy. Out of one side of their mouth they are saying keep your people on the project and we will pay you for December. Out of the other side of their mouth they are saying our hands are tied and we can not pay you. Be careful if you still have consultants on a project and are expecting quick reimbursement from December & early January invoices.

New article on lawsuit filed against Axium.
http://www.latimes.com/business/la-fi-axium16jan16,1,5181872.story?coll=la-headlines-business&ctrack=2&cset=true
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written by Jobless in Cali, January 16, 2008
I am one of the many who are caught up in the Ensemble/Chimes (Axium) mess. I was told to "continue to work" and something will be worked out. I chose not to, being that I was out several weeks of pay, and to continue to work for "free" did not appeal to me. I am very glad I made this decision, because the vendor that was "chosen" by the onsite company appears to be in worse shape financially than Chimes ever appeared to be. Time for a more stable work environment!!!
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Trustee approves payment of ECG wages
written by M, January 17, 2008
I was just forwarded this email today by my hiring manager:

Dear colleagues,

We are happy to report that the trustee appointed to the Axium (Ensemble) bankruptcy has agreed that payment of wages should be made for services rendered after December 30, 2007. This means that Bayer contractors who were payrolled by the former Ensemble who worked from December 30, 2007 through January 8, 2008 will be compensated by their current external contractor payroller for hours worked. Paychecks will be processed by the end of this week, and the employees will receive the paychecks shortly thereafter.
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Help
written by Chad Crews, January 17, 2008
I work in Clayton NC and I was stiffed on payment from them for 96 hours worked. I have never had to deal with this and I do not know how to go about trying to get my money. Can someone please shed some light on how I can go about getting it. my company is hanging me out to dry

thanks

chad
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written by Caught Off Guard, January 17, 2008
Chad, unfortunately there is no quick fix for this problem. Just like all the other creditors, you will have to wait and see what comes out of the bankruptcy proceedings. The money we will get as reimbursement depends on how much money the bankruptcy court can obtain from hard assets and receivables owed to ECG at the time of the Bakruptcy. Then as far as I know the bankruptcy trustee makes a determination of which creditors deserve the most restitution. Reading Brents post on Jan. 15, it does not seem like there will be much available for us all. You may want to go to the links he provides. For example, if ECG owes $100MM and the Bankruptcy judge can collect $10MM creditors may get $.10 on the dollar. Not sure how long this will take, but I doubt we will see any resolution in 2008. From what I read today, Golden Tree Asset Management is the largest creditor and is owed $87.5MM. Not good news, but I hope it helps.
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written by Chris, January 17, 2008
All these VMS's are bad deals for businesses and agencies.
We just where told by P******staff that because they didn't invoice the client properly for invoices 5 months ago the client is refusing to pay them so they don't have to pay us.
Keep in mind it was their mistake and we don't get paid.
I wish the business community would look at this VMS's and see what a bad deal they realy are. I also hope all of Ensemble Chimes clients step up and support thier vendors in the bankruptcy court and not act like P********staff
Brent Martin
Moderation
written by Brent Martin, January 17, 2008
This is a little different discussion thread than the ones I typically see on my site (i.e. it's popular). I'm normally very hesitant to remove or edit anything that a real person takes the time to post, and in this thread I've been reluctant to even remove blatant advertising. However this discussion thread exposes me to a whole new set of legal risks, so I'm going to have set out a few rules and go back and delete or edit posts that don't conform to the new rules.

1) Please watch your language. I know the topic lends itself to profanity, but please refrain.
2) No press releases, newsletters, web pages, or copyrighted content may be used. Minor fair use excerpts of less than one paragraph (4 sentences) may be used if the content is publicly available on the internet. All other forms of inserted content from press releases, newsletters, web pages, or any other copyrighted content placed into messages will be removed without exception. A link to the content is acceptable and appropriate.
3) This discussion is not a venue for advertisements in any way. It will be my sole discretion of as to what constitutes an advertisement.
4) Claims of action, flames, and calls to action against any company or person will be removed.
5) Please don't mention your employer or client or any 3rd party companies by name. I have no way to validate any claims, so I'll just have to edit or unpost them. I'll make exception for Axium, Ensemble and Chimes as long as what's being said is public knowledge (or interesting and not likely to get me sued) but once again this will be at my sole discretion.

Feel free to use the Contact Us link if you'd like to question this moderation policy, but please don't ask questions about moderation on this discussion thread.
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This is a soon to be growing problem
written by Chris Beaty, January 17, 2008
This is one of the major issues we as staffing providers have with VMS systems in general. Even when things are going relatively well, we are still held responsible for paying our contractors (and always do) even if the VMS runs a poor business, forgets to invoice (it does happen), etc.

This is really going to hurt contractors and the staffing providers, as they have to now pay their W-2 employees (which is usually a requirement by the VMS, no 1099's or C2C's). And we're supposed to continue working with all the VMS folks and continue on as if all is normal after this?

VMS systems are cumbersome black holes that are merely replacing slow HR functions. The only real value a client sees by using VMS is consolidated A/P. Any decrease in rates that they get go straight to the VMS, paid for by the suppliers.

I'm hopeful this model will die out, as the real estate and mortgage broker model is dying off now.
Brent Martin
New hope for payment?
written by Brent Martin, January 17, 2008
Not sure if this is true or not, but I received the following information today. If it's true, it's the first good news I've heard in a while. Can anybody confirm it?

There have been several filings within the Central District of Ca. Bankruptcy Court... Axium Intl Case # 2:08 bk-10277 , and Diversity MSP Ink (aka ECG, Ensemble Chimes Global) case # 2:08-bk-10376-BB

The court has consolidated and has rescheduled for March 13, 2008 @ 8:00 AM. The new Bankaruptcy Trustee is Howard Ehrenberg of Sulmeyer Kupetz. Arrangements are being made so that any money owed to Consulting firms such as those mentioned will be paid to the new Court appointed exec. (who has been identified). As long as they money has not already been paid to Ensemble-Chimes it will go directly to this new exec. who will then pay us 100% and not a % on the dollar.

Sounds like we have a chance to collect whatever money our clients haven't already paid Chimes. We'll just have to wait.
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written by MMF, January 18, 2008
As a staffing company business owners, it's cases like this that keep me up at night! We pay our consultants on time and end up hoping and praying we get paid.
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RE: New Hope for Payment
written by M, January 18, 2008
Brent,

I believe this is true. I was moved back to the my previous payroll company on the 1/9 (was forced to go with ECG mid November). I just received a direct deposit for my work from 12/31 - 1/8 in addition to the hours I billed from 1/9 - 1/13 from that company. My timesheet for the week ending 1/6 still says approved but not invoiced in the ECG system. The only downside is I got nailed for more withholding that usual because it was all lumped into 1 week. At least I'm not out any money. Hope this works out as well for others as it has for me.

BTW, I want to thank you for starting this blog it's been a great source of information for all of us caught up in this mess.
0
Sigh
written by Rafi Sheikh, January 18, 2008
I own a specialty niche company dealing in SAS. My exposure was small, regaridng the Ensembe/Chimes saga. However, I am out some good figure also. I was not on the apporved vendor list and had a sub-contract with a primary vendor. My initial frustration for the last year has been my inability to get on the vendor list (can someone shed some light on asto how to be an approved vendor on such VMS, I owuld appreciate it). Despite serving fortune 500 companies and doing specialist installs, every time we applied we were placed on a 'waiting list'. We kept repeating that we were not looking for special consideration but just a chance to compete on merit. Anyhow, since SAS community is very small there are many who are hurting. My thought goes out to all who have been affected by this.
0
Account Manager
written by Small Staffing Company, January 18, 2008
We are a small staffing company which were forced to go through Chimes by our client. Payment for November was charged back. We are out 11 week of pay for 5 of our resources about 160K. Anyone knows a good lawyer we can contact?
0
...
written by Caught Off Guard, January 18, 2008
Another article regarding Axium
http://www.startribune.com/business/13881336.html
0
VMS
written by P.K., January 19, 2008
Chris - I have worked with both the VMS's I mentioned above (Kelly and Procurestaff), didn't have any payment issues to suppliers, in fact quite the opposite with both. I am surprised your end client doesn't take invoices after 5 months, thats pretty harsh. Even if you audit once a quarter, you're bound to find stuff older than that. I've seen invoices paid many months more out of date than that.

The vendors have a legit gripe here, they were forced to go with the VMS. They are basically forced to pay for thier clients outsourcing of thier procurement/hr/ap function. And what's worse, they're paying for a cost control service that ultimately lowers thier revenue. I dont' remember the exact numbers I saw, but both VMS solutions I worked with brought double digit % savings. To the person hiring the resource, the VMS is a little middleman (2-3% markup) to manage the vendor who is a big middleman (35-50% markup).

The contractors, you lose all around. The VMS gives the clients visibility to squeeze the vendors, who in turn squeeze you. And, even if the companies find you themselves and you are incorporated, they still have to payroll you through a vendor because of something called coemployment (essentially, you can sue them benefits otherwise)

0
...
written by FedUP, January 21, 2008
I heard that the former Ensemble owners took a check and walked about a month prior (very quietly). I also understand they have purchased another company called ework -Beware.
0
So sorry....
written by Sandi Harrison, January 21, 2008
My comment is I am "So Sorry" to all of you touched by this. I was an Ensemble employee before they were absorbed completely by Axium and Chimes. They were a great smaller company to work for. I was a Partnership Manager located at Avon Corp. in Springdale, Ohio. I think the owners of Ensemble got greedy and sold out the company that they built from nothing and ended up in this mess Shame on all of you.... I find it appalling that Ron Garber and John Visconti are the culprits in this. I still have emails from Ron and John that were very uplifting to all of us and very personal. I found it extremely nice that the owners of such a large company would actually reply to my emails themselves. I respected them and looked up to them. It is hard for me to believe that the people I thought were good and cared for their employees could do such a thing and leave everyone out in the cold. It is absolutely heartless. I still have friends that continued to work for Ensemble after I left and are caught up is this mess. They are good working people with families and homes to pay for and to give your all to a company then have this happen is frightening. All I can say is my heart goes out to each and every one of you, it could have very well been me sitting in your shoes and I sympathize. I support all of you and I hope that in the end they get what they deserve.... Jail and broke... Hang in there usually life runs full circle.. They will get what's coming to them.
Brent Martin
RE: VMS
written by Brent Martin, January 21, 2008
Yes, looks like defamer.com is having a field day with these guys.

http://defamer.com/344730/axiu...n-visconti

0
Can we do anything to get back what we lost ?
written by MS, January 22, 2008
There are millions of contractors like us who have suffered a great loss due to ensemble that too starting of another year !! In my client site there maybe about 1000 of us who havent got paid it. Cant we do anything at all to file our returns ? It feels terrible !!!!
0
ECG Chimes Auctioned
written by LK, January 22, 2008
Looks like ECG Chimes will be auctioned tomorrow..what does this mean in terms of payment to suppliers/contractors?

http://www.hollywoodreporter.com/hr/content_display/business/news/e3ie223c6999f824142b6fdb802d74310d7
Brent Martin
RE: Can we do anything to get back what we lost?
written by Brent Martin, January 22, 2008
I talked to a lawyer yesterday about the situation. He basically told me what I expected to hear. Chapter 7 means there's very few assets and you're not likely to get much. W2 employees like yourself would be among the first to get any distribution if there is any. It might be a good idea to file a "Proof of Claim" with the bankruptcy court so you can at least get in line although the bankruptcy court said not to do it at this time. A lawsuit against the client who retained ECG Chimes probably wouldn't be successful if your client worked the contract correctly, but the best place to bring it would be small claims court where the rules of evidence are lax.

There is a rumor that the bankruptcy court set up a special account where ECG Chimes' clients would send the money they haven't paid to ECG Chimes, and the court would distribute that money to the employees. But it's just a rumor at this point, and even if it's true we won't see any money until later in the year.

I had the opportunity to go in with some other creditors and hire a lawyer to represent my interests along with the interests of the other creditors. But I decided that for the amount of money I have at stake compared to the lawyer's rates it wouldn't be worthwhile. So I'm just hoping for the best at this time.

Does anybody have any better ideas?
Brent Martin
RE: Chimes Auctioned
written by Brent Martin, January 22, 2008
I'm not sure what it means, my guess is that it means the people higher than us in the food chain (like creditors with secured loans) will get a few pennies on the dollar back from the proceeds. I doubt if it'll help us working class. I heard somewhere that Barry Olsen is going to bid on it. I'd be curious to know if Chimes' contracts with customers and suppliers will make it through the bankruptcy still in force, but the best I can remember from that business law class back in college is that they don't.
Brent Martin
RE: Chimes Auctioned
written by Brent Martin, January 23, 2008
I found an article about the Chimes auction at http://www.bizjournals.com/twi...ily16.html.

The division of Los Angeles-based Axium International, which filed for Chapter 7 bankruptcy protection on Jan. 8, is set to be auctioned off in a California court Wednesday. Chimes founder Barry Olson has partnered with Vedior North America to buy the company for $7.5 million. Olson, who left the company before it was sold to Axium, has proposed taking on all Chimes' contracts effective Jan. 9, according to bankruptcy filings. Veidor North America is a subsidiary of Amsterdam-based Veidor NV.

In a letter to Chimes' customers, Olson and bankruptcy trustee Howard Ehrenberg said they are seeking court approval for a process that would be used to pay vendors.


Maybe that last sentence explains the rumors I've been hearing about creditors getting paid from what ECG collects from it's (former?) clients from Jan 9 forward.

I'd love to see a copy of that letter Barry & co sent to ECG/Chimes customers, especially if it has any details about the payment plan.

So what Barry is getting for his 7.5 million? Has it been soon enough after the bankruptcy that clients haven't already jumped ship and would sign back up with ECG? Are there any staffing companies still around and willing to work with ECG? The answer to both questions is yes, I'm afraid.

It'll be easy for clients to sign back up with ECG and get back to forgetting about those icky staffing details. In fact, I'll bet Barry's letter is why my client hasn't signed another staffing provider and is asking us to work without a formal contract even now. I'll bet my client isn't the only one.

Once that happens, staffing providers will be forced to come back if they want to place anybody at big firms. With the staffing providers back on board, the independent consultants (that's me) will have to come back because in the U.S. it's nearly impossible for us to work directly for a client (see http://www.contingentlaw.com/Coemployment.htm)

In six months everything will be back to pre-bankruptcy normalcy and Barry's 7.5 million investment will be worth five times that.

Hey Barry, I mean Mr. Olsen, you can keep the money ECG owes me, just give me a stake in your new company!
Brent Martin
More news
written by Brent Martin, January 23, 2008
Okay maybe I don't need to see Barry's original letter to ECG's clients. I found some big pieces to the puzzle on the Staffing Blog (http://lisaamorao.com/blog/2008/01/from-the-asa)

In a telephone conversation with ASA last week, Ehrenberg said the purpose of the process is to ensure that suppliers and employees get paid and to facilitate the continuation of the existing Chimes arrangements with clients. He said the payment proposal would be included in a motion to sell Chimes's assets that was filed with the bankruptcy court Friday. Ehrenberg expects the court to approve the motion, which will be heard Jan. 23.

Under the proposed process, employee time and expenses are to be entered and approved in the Chimes system. A consolidated invoice will be generated and payments made to suppliers, less the management fee, for approved hours and expenses worked and incurred after Jan. 9. Hours and expenses worked, incurred, and approved prior to Jan. 9 will be paid "as long as the hours and expenses are billed as part of the normal billing cycle after Jan. 9, 2008." Ehrenberg explained that the latter provision is intended to include services provided before Jan. 9, even if the client has already been invoiced for those services, as long as the client hasn’t already paid the invoice. He said that amounts already paid to Chimes would have been seized by Chimes's lender, the hedge fund Golden Tree, and therefore a staffing firm that did not receive its payment from Chimes would have to seek recovery of those amounts by filing a creditor's claim.


Good news - we get paid, at least whatever our clients haven't paid to Chimes yet.

The letter pointedly advises clients not to enter into outside arrangements until further instructions from the bankruptcy court and states that clients should avoid paying suppliers directly. "Staying within the process spelled out in the letter provides customers with the assurance that they have honored the guidance provided by the trustee and protects them against future claims from secured creditors," the letter concludes.

That'd be why your company hasn't yet offered to pay you for what you can't collect in the bankruptcy.
0
...
written by M, January 23, 2008
Here is a link to the letter:

http://www.americanstaffing.net/ASAalerts/jan_17_08.pdf

Has anyone heard anything new about W2's ?
0
Help, Chimes/United Health Vendor
written by mark richter, January 23, 2008
I am a vendor that contracted with Chimes to provide services to United Healthcare. We are out a substantial amount of money. If anyone or group has hired an attorney and would like to share the cost or include me in their group, please let me know.
mrichterallmed@yahoo.com
0
Lawsuits Forthcoming I'm sure
written by Chris Beaty, January 24, 2008
Mark, I haven't seen or heard of any class suites yet, I'm sure there will be though. How ironic is it that a payrolling company didn't pay W-2 taxes on their payrolled employees. That's akin to hiring a painter who doesn't use paint.

Also, where did Barry's post on here go? Didn't he have a comment a few days ago? Guess he should pull it if he's trying to buy back the shell. Not a bad idea from a business point, I suppose it's a good gamble if you've got the capital.

Same 'ol though. If the people in the know at these big clients only knew half of what we in the trenches of staffing know, they'd run from most (not all) vms providers.

Best wishes to those that are in the hole. I checked our Chimes contract and it says we don't get paid until they do; I'd imagine that means what it says. Thankfully we bailed on those before getting too far along. Something about forced markups in the 20 percentile range, AND the fact that they tell us what the payrate should be, just isn't right.

Here's a great model for staffing firms for future growth--join a VMS, let them make you do 28%, 35%, even 38% markups, then let them take 3 or 4% off the gross, oh and let them determine the pay rates, and then let them sit on your resumes and provide no feedback. Oh yes, don't forget to take your logo and brand off the resumes... Sorry I'm venting here but it's kinda become outta control.
0
How about Chimes servics to H.P. in Bentonville Arkansas (serving Walmart), a lucrative contract?
written by Joe Joe, January 24, 2008
There is still big money to be made at H.P., very long term contract with personell in place already....whats up with them?
0
Chimes Court Hearing
written by Franky, January 24, 2008
Does anyone know if Barry Olson was successful in getting court approval of buying back Chimes?
0
New Owners of ECG Chimes
written by LK, January 24, 2008
Brent Martin
RE: New Owners of ECG Chimes
written by Brent Martin, January 24, 2008
It's interesting that Barry Olsen didn't win the auction. Does anybody know anything about MPS group?
0
RE: New Owners of ECG Chimes
written by Some Guy, January 24, 2008
http://www.mpsgroup.com/
http://www.mpsgroup.com/Beeline/
0
...
written by Chris Beaty, January 24, 2008
MPS Group owns Modis. Their 'supplier neutral smilies/wink.gif" vms is Beeline.

"Meet the new boss. Same as the old boss."
0
...
written by Anonymous, January 24, 2008
Found this on Business Wire:

http://www.businesswire.com/ne...4005705/en
Brent Martin
Payments
written by Brent Martin, January 25, 2008
I'm assuming MPS is going to pay Chimes suppliers/employees according to the terms Barry Olsen and the court trustee worked out (i.e. they'll pay suppliers from the funds they receive in January forward). Thanks Barry, nice work.

Does anybody think MPS will go beyond the scope of the agreement and pay Chimes suppliers/employees for everything they would have been paid had Chimes not gone bankrupt?
0
RE: Payments :
written by MS, January 25, 2008
Reading about the auction .. it looks like MPS's first priority is going to be to help the Chimes clients and vendors. However its quite unlikely that they are going to pay all the clients all the money tht chimes owed everyone.. its a huge amt of money and also large number of clients.. its good to be hopefull still... but there is not much light as I see it ( I have lost 5-6 weeks of pay myself and am waiting for here some good news at least moving forward )..
Brent Martin
Out in the cold
written by Brent Martin, January 25, 2008
Got this e-mail from my client. Looks like the Chimes sale isn't going to help us out any, but the client is going to try to work out an agreement with the bankruptcy trustee to make good on the money due us.

On January 23rd, the bankruptcy court approved the sale of certain ECG/CHIMES assets to MPS Group, Inc., a provider of staffing and consulting services. Our contract with ECG/CHIMES and the Supplier and Contractor agreements with ECG/CHIMES were not among the assets purchased. In fact, no customer contracts were purchased. At this time, we will aggressively begin exploring options with the ECG/CHIMES bankruptcy trustee that will allow us to make payments directly to Suppliers and Contractors for services rendered on and after December 1, 2007. To date, the trustee has been very responsive to our communications and requests. We are cautiously optimistic that we will have an agreed plan by early next week after which time we can begin making the payments. Please note, however, that we will NOT make direct payments until such time as we have the authorization from the bankruptcy trustee to do so.

Again, thanks for your support and patience as we work through this situation.
0
That's NICE
written by paul.reiter@earthlink.net, January 26, 2008
BUT!

What about November? Every check they sent for November bounced. THANKS A LOT.
What's so magic about Dec 1st? None of this was happening then.

If any of you are still working for your clients after they wiped their hands of an OBLIGATION to pay you, I think you ought to be looking for someone else to work for! The client just sits there and says, "go see the bankruptcy court" for work WE DID FOR THEM. Look at the profits of the "Number One Car company", do you think for a New York Minute that they couldn't pay you in a heartbeat? The problem is, you're nothing but a scum contractor caught in the giant machine of corporate America, and nobody is going to make sure that you're not screwed royal. Same difference as being an autoworker. Excuse me, an American non-union autoworker. When push comes to shove do the Japanese "do the right thing"? Don't hold your breath. Wall Street would do well by exposing this BS.


Rich Hale
Contractor
written by Rich Hale, January 26, 2008
I have spoken to a business atty. He has reviewed the contracts we consulting firms were forced to sign by the end-client with ECG, and feels the client (a fortune 100) is merely trying to buffer their relationship, since they are actually receiving all of the services, and in fact, even providing on-site offices for ECG personnnel. He says a class-action, beginning in the form of a "demand" letter for unpaid services rendered, should be initiated against the client for those invoices / timesheets caught up in the bankruptcy. Anyone talked with a business attorney, or had your contracts reviewed? My contract actually states that me / my firm is engaged with ECG & CLIENT (whose name is also referenced in the contract). I think that perhaps a large class-action from many suppliers (contractors / services providers) to the END-CLIENTS who force us into this position, could prove quite a powerful tool in both getting our payments as well as re-forming how these large client do business with us in the future. I encourage others to talk with their business attorneys and get feedback, and also feedback if anyone is interested in getting such an action going on a larger scale, if this is even possible.
Brent Martin
Misc
written by Brent Martin, January 27, 2008
Some folks have been asking about W2's. Here's the link to the IRS web site that explains what to do: http://www.irs.gov/taxtopics/tc154.html

Here's a blog dedicated to the Axium bankruptcy: http://axiumclosed.blogspot.com/

About Barry's Comment: I went back through to see if I moderated it off, but couldn't find anything. I don't think it was ever there.

I think what's "magic" about the December 1st date is that my client already paid November to ECG. The trustee was willing to make arrangements for funds not yet paid to be distributed to staffing companies and contractors, so they're trying to work out that same arrangement here and they think it can be done quickly.

Why wouldn't my client pay staffing companies and clients for November even after they've already paid the money to Chimes? Maybe I'm naive, but I'm guessing it's not just that they don't want to double pay for a month. They need their contractors way more than the monetary loss they'd take. Reading between the lines from the letter Barry and the trustee sent ECG's clients, it seems like it's not that easy in a bankruptcy and they could expose themselves to more liability than just a month's payroll.

I'm certainly not saying you should wait hope for the best, especially if you didn't get paid for November. I'm starting to think the bankruptcy legalities are such a mess that it may be impossible to collect November (and prior) without a lawsuit. I could be wrong, but either way it wouldn't hurt to talk to a lawyer like Rich suggested.
0
...
written by Michael Lerner, January 28, 2008
There are 2 exposures to staffing companies (and their financing companies). First, the situation where Chimes was paid by the client but Chimes had not yet paid the staffing company. Since the client won't want to pay a second time, the only recourse is against the Chimes estate in bankruptcy. If the client wanted to be supportive of its contractors, it could purchase all its contractors' bankruptcy claims (thereby paying the contractors) and recoup some or all of these payments from the Chimes bankruptcy distribution. The second exposure is one I haven't heard addressed in this case which is payments received within 90 days of the bankruptcy filing being subject to attack by the bankruptcy trustee. Typically, a bankruptcy trustee goes after any payment made within the 90 day period as a preferential payment. That means if you received such a payment, you will at some point get a letter from the trustee's attorney (i.e., big law firm) demanding that you return the money you were paid under threat of legal action against you. There are defenses to this claim but it might embroil you in litigation.

21st Financial Solutions provides financing to staffing companies and I welcome any questions or comments.

Michael Lerner
0
Goldentree Lawsuit against Axium thieves
written by C. Moore, January 29, 2008
This is an amazing lawsuit. Cars, models, hotels, parties, private jets... .and we get screwed in the end. Hopefully this lawsuit will result in a full dance card for these thugs.

http://www.courthousenews.com/2008/01/16/GldnvAxium.pdf

Brent Martin
Axium sold at auction for 7.05 million
written by Brent Martin, February 02, 2008
Looks like Entertainment Partners picked up Axium yesterday at auction. http://www.variety.com/article...0&cs=1&p=0

What I don't understand is what exactly they bought.

So are there still a whole bunch of staffing companies and independent contractors looking for November and December payments, or is it just me? You'd think with a client list like UBS, Bayer, Perot, McGraw & Hill, etc., there would be a lot of people really hurting right now with 1-2 months of pay still uncollected.

I'm not sure about your clients, but my client has given almost no information about their negotiations with the bankruptcy court and they've given no assurance that I'll ever see the money I lost by going through their VMS at their request. As a result, I've decided to accept a direct contract with another client across town.

How's everybody else doing?
0
Status
written by paul.reiter@earthlink.net, February 02, 2008
Sounds like you are in good shape and working, Brent. I've retired from the whole IT schtick, after 33 years, I'm done. I feel like Roberto Duran, "no mas!".

Whatever I do from here on in, I will control the money directly.

As for Axium, I'm waiting for the meeting of creditors that's coming up. Maybe we'll all know something then.

Paul
0
CEO
written by Veronica Jeans, February 04, 2008
I am very lucky up to now having made the decision to avoid companies that use VMS's. Chimes as a company would have done due diligence before they were bought. So, they are not blameless. I think people just get too greedy. And the small people get caught in the mill. Maybe this will teach some of us to check out companies before we do business with them - I think this might be a good lesson for all of us.

Beeline is the same as any other VMS. A big black hole and will make it as difficult as possible to sign up as a vendor. So expect the same as before.

And the chap that thinks we, as staffing companies have a large markup. Think again. We get squeezed by the contractor wanting their rates, the client keeping the billable rate low, and we take the risks of paying people out before we get paid 60 -90 days later.

Actually, the larger companies were caught flatfooted on this whole debacle.

Just thought I would put my two cents in.
Brent Martin
Notification from Bankruptcy Court
written by Brent Martin, February 04, 2008
Got an interesting note from the bankruptcy court. Looks like several customers of ECG / Axium got permission to pay the employees and "guilds". Here's the legaleese in case any of you lawyers care to interpret:

...the automatic stay of section 362 of the Bankruptcy Code is hereby modified and customers and thier affiliates are provided with adequate protection to permit Customers and their affiliates to take all steps deemed to be reasonably necessary to insure the payment of Employees and applicable guilds of all amounts now or in the future due and owing to Employees or such guilds in conjunction with products relating to the Contracts.

Does that mean our clients are free to talk to us and (more importantly) send us checks for the money we've lost? Sounds like it to me. Do we think they will? I'm optimistic they will now that they have no excuse not to. There might be a few that try to disown us and hide behind their contracts that show us as ECG contractors, but I'd think this would be the exception than the rule and I'd certainly be willing to help publicize any company who did so the rest of us could avoid them.

BTW I talked to my client's staffing contact on Friday. What I'm hearing is that they still can't comment on anything before Jan 9 but they expect some news from the trustee tomorrow (Monday). Also (and perhaps more importantly) they'll always arrange it so that they will guarantee their contractors payments going forward, regardless if they use a VMS or not. If other customers follow suite (and I think we should insist they do), the world might be a slightly better place.
0
...
written by Jamie Stephennson, February 04, 2008
I received the latest notification from the bankruptcy court that Brent mentions above: RELIEF FROM STAY. It looks like that this is only applicable to HBO and Turner, is that correct? My client was UHG, so I am assuming this does apply to me. Rich Hale, I reviewed the contract I signed and it also states my contract is with ECG and CLIENT, with client named on contract. I was an IT Supplier direct to PacifiCare and then in June 2007, 2 years after acquisition of PacifiCare by UHG, they force my company to go via Chimes, even though United paid my company direct for 2 years. I am definitely interested in getting such action going on a larger scale. Rich Hale, email me to discuss.
0
...
written by Jamie Stephenson - my email is datology@cox.net, February 04, 2008
Opps forgot to mention my email.... datology@cox.net
0
...
written by Michael Moreau, February 05, 2008
I am writing in response to Rich Hales email above.
A few suppliers, myself included, have hired a California attorney to represent us in this ECG mess. He thinks there is a chance to recoup funds from the trustee and that a class action suit maybe needed to get the remaining monies owed to the staffing firms. It looks like if the payments where not made to ECG than the clients can pay us directly or through the trustee minus the service fee. The money that was paid to ECG and not paid to the staffing firms is where the battle will be. If anyone is interested in joining our group they can contact

Michael E. Busch, Esq.
Pyle Sims Duncan & Stevenson, APC
401 B Street, Suite 1500
San Diego, CA 92101
Direct: (619) 699-5270
Fax: (619) 687-5210
email: mebusch@psdslaw.com



As Rich stated we all signed the same contract and it lists the Client as the customer.
We are all in the same boat so class action makes sense

Rich Hale
...
written by Rich Hale, February 06, 2008
In response to Michael's class action info above. Thanks for the info. We're interested in monies paid to ECG/Axium, but not yet paid to suppliers. We have a situation where our client will take care of invoices/timesheets that have not been paid yet, through the new VMS replacing ECG and they will do this retroactively back through the week beginning where they had not made payments yet. I will talk with your attorney and may join this action. Thanks.
Brent Martin
...
written by Brent Martin, February 06, 2008
My lawyer wasn't as optimistic about my chances of making my client pay because of this clause in my contract:

The parties mutually agree that Customer is expressly named as third party beneficiary
of all rights granted to Chimes under this Agreement, but Customer shall have none of the duties, responsibilities, or liabilities imposed on Chimes hereunder.


So my client gets all of the benefit and none of the liability. No wonder everybody wants to use a VMS.

Fortunately for me my client worked it out with the trustee so they can pay December themselves (they hadn't already paid Chimes). For whatever reason I managed to get paid for November and keep it so far (knock on wood) which should keep me out of litigation.

So Michael, I guess you're right that the money that was paid to ECG and not paid to the staffing firms is where the battle will be. I still don't understand why a fortune 100 client wouldn't just take the loss and pay their people.
0
...
written by Green, February 07, 2008
Folks I just happened to come across this forum....I'm also affected by Chimes' bankruptcy...So, basically my Nomvember 2007 payment is screwed...my check bounced. Chimes has asked me to file a case with the bankruptcy court....I'm trying to pressurisize my direct client to payme for the lost money, as they have a moral responsibility to make sure that I'm paid for my services...
0
...
written by Green, February 07, 2008
In response to all the above...my client worked it out with ECG and paid me for December and will continue to pay directly henceforth...so my battle will be for the November 2007 payment.....I may consult the lawyer that Michael recommended..
0
...
written by Pk, February 13, 2008
I just wanted to know if any of you guys got paid or a promise that you will get paid from your client? TIA!
0
...
written by ben dover, February 13, 2008
My client selected another set of ass clowns for us to be employed by. We actually got paid by this new outfit for the first week in January which is what we thought we'd get hosed out of.

Diversity MSP aka Ensemble sent out W2s last week. Haven't checked it for accuracy tho.

Good luck to everybody.
0
...
written by PS, February 13, 2008
are they really ass clowns if they paid you?
0
President
written by Rafael Martinez, February 21, 2008
Do anyone know of a good lawyer that I can use to help me get my last invoice cicle paid or a lawyer that is now involved with the Chimes issue?
Brent Martin
Paid up
written by Brent Martin, February 23, 2008
I got paid for December by my client, who offered everyone a direct contract. I've heard that people who didn't get paid for November will never see their money and I can only be thankful that I'm not in that group. I'm curious to know how the litigation is working out. Can Chimes' clients be held liable?
Kristen
...
written by Kristen, March 13, 2008
Hi, I am a recruiter with Booz Allen Hamilton and I have a few positions open for PeopleSoft Developers/Administrators at the Pentagon. The positions require a Top Secret Clearance. Any interest? - please send your resume to me at landry_kristen@bah.com.
0
...
written by G. Stirling, February 13, 2009
Hi all,
I was employed in Hong Kong as Head of Global Operations (Asia Pacific) for ECG afew months before their closure. Can anyone tell me what the latest is with getting outstanding salary payments from them ? They still owe me a salary payment, expense claims etc, etc.
Thanks,
Glenn.
0
Sr. Systems consultant
written by Paul Reiter, May 09, 2009
Well, well. Here we go again. I have received a letter from Howard Ehrenberg, Trustee for the Axium, Chimes, Ensemble Consulting, (and others) Chapter 7 bankruptcy court...

In it, he demands I REPAY all the monies Ensemble paid my corporation--get this--from 90 days BEFORE their declaration of bankruptcy. In spite of the fact they still owe ME $30K !!

Has anyone else received this letter?

Brent Martin
RE: Repayment
written by Brent Martin, May 10, 2009
I got a call from a colleague of mine the day before last and he did get the letter. He's been through a bankruptcy once before and when he got a letter like this he was able to show that the payments he received weren't "preferential" so he didn't have to repay them. Somehow the fact that he got paid the same time every month seemed to make the difference. But other folks he knew did have to repay them so I'm not sure if there's a hard and fast rule. Anyway I'm expecting my letter to show up any day now. Were you contracting in a 1099 or a Corp-to-Corp? Just curious if that matters...

Anyway if we're looking at repaying everything from October through January I may take ERP Associates down the bankruptcy path.
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written by Paul Reiter, May 10, 2009
Thanks, Brent. This is so ridiculous. I had a contract with them, corp to corp, that required them to pay in 10 days. They never made it, but all they were doing was abiding by the contract. Or rather trying to! I believe my corp was dissolved April 30th==>yeah, that's it==we ain't going to pay back a red cent. Besides, we don't have $60k laying around.

I imagine other companies got the letter with much larger amounts.

It wasn't even a registered letter! "Oh by the way, please send us a check for $60,000 within 2 weeks or else!"

I guess I'll join the masses of unemployed.

TTFN,

P.
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written by Paul Reiter, May 10, 2009
Plenty of good information here:

http://library.findlaw.com/2004/Oct/7/133594.html
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written by MikeMN, May 12, 2009
I got the letter also! Anyone want to pool on use of an attorney?

We only have a few days to file a reply to the Axium Chimes bankruptcy preferential payments claim.
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Senior Resource Manager
written by Felicia McGee, May 12, 2009
Hi All:

We also got the letter from the Axium / Chimes bankruptcy Trustee. What do we do and how do we get connected to address this issue as we have only few days left?
Brent Martin
RE: Connecting
written by Brent Martin, May 13, 2009
If you're looking to connect just leave a comment and I'll send you an e-mail with everyone's e-mail address who have expressed an interest so far.

Not that I'm complaining, but I didn't receive the letter yet so I won't be participating at this time.
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written by Paul Reiter, May 13, 2009
I am working on my response with an attorney in Torrance, CA. This seems to be the best bet, since they could go down to court and beat them up if necessary.
I'll be happy to refer anyone with interest in responding to the "preferential payment" letter. Please email me at: paul.reiter earthlink.net with your request.

Paul Reiter
RC3, Inc.
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written by Donna Martinez, May 13, 2009
We also received the letter and don't really know what to do!!! This is the first time I ever heard of this and can't believe something like that can be allowed!!! What steps do we take now?
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written by Reena Gupta, May 14, 2009
Hi,
We have received a similar letter with much higher amount and we are working with a lawyer on it. Anyone interested in sharing the cost of the lawyer then I'm very keen to do it. I just can't believe that we have to go through this mess for no fault of ours.

Reena

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written by Kalyan Srinivasan, May 14, 2009
Reena, We would like to share the cost of the lawyer and we could work together.

Thanks,
Kalyan
Brent Martin
NACCB Notes
written by Brent Martin, May 15, 2009
Here's a helpful link from Lisa Amorao's staffing blog: http://lisaamorao.net/staffing...re-chimes/

Thanks, Lisa!
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written by Murtaza Abbas, May 19, 2009
We have also recieved this letter. Need to know what we can do. Also, if there is a group of folks thinking of hiring a attorney, let me know.

Thanks,
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Sorry, unable to help after all.
written by Paul Reiter, May 19, 2009
I'm sorry, but based on the advice of my attorney, I have to withdraw my offer of help.

Paul
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written by Vish, May 22, 2009
I received the same. Is there an attorney that everybody is dealing with, if so please let me know.

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