Lawyer's notes on the orchestra's bankruptcy

Posted: April 21, 2011

Why would the Philadelphia Orchestra - an 111-year-old institution sitting on $140 million in endowments and no debt - file for bankruptcy?

Lawrence McMichael of Dilworth Paxson, lead counsel for the orchestra, said: "No one should be questioning why."

He offers this explanation:

* The orchestra "would have been out of cash by mid-May" because of money committed to musicians' salaries and pension, rent to the Kimmel Center and other operating costs. "This notion that our assets exceed our liabilities is absolutely wrong," said McMichael, who said some endowment money is sitting in trust funds and is inaccessible, and other money can be used only for specific "endowed" purposes - not day-to-day operations.

* Donors are starting to notice the orchestra's shaky financials and may be reluctant to commit more money without seeing "a sustainable business plan."

* Chapter 11 also allows the orchestra to renegotiate its contracts with musicians, the Kimmel Center and the Philly Pops.

"This has to be a collaborative effort," McMichael said. "We want to create, through Chapter 11, a business model where art and business work together towards sustainability."

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