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Triskelion Publishing Closes Its Doors

DISCLAIMER: Just to CYA, I feel like putting up a disclaimer. There is much that I don’t know about the Triskelion situation and any discussion regarding the law and the legal issues surrounding copyrights and publisher bankruptcies are general and not to apply to any one particular situation. If you feel like you are in a position where you, personally, need to apply this information to a case, you should seek a lawyer right away. My posting of my thoughts regarding the legal issues surrounding this matter or matters similar should not be construed as specific legal advice nor does it create an attorney/client relationship.

On the heels of its RWA dis-invitation; complaints of unpaid royalties; and the resignation of Gail Northman, Triskelion Publishing is closing its doors. From a source, it appears that Triskelion will be filing Chapter 7 Bankruptcy which is a liquidation of assets rather than a Chapter 11 or 13 which is a re-organization.

The rights that Triskelion owns, depending the contract, may be sold to benefit the creditors, which can be an author who hasn’t received royalty payments to the internet service provider to the web developer to the printer.

Edited to Add: I had received some emails about what exactly bankruptcy means and while I have a little knowledge, if you are an author and desire to make a claim, I would seek the counsel of a lawyer who specializes in bankruptcy law.

When a corporation files Chapter 7 bankruptcy, it is saying that it cannot continue as a going concern because of its debt to asset/income ratio and because it is not desirous of being a going concern. Once the bankruptcy is filed, a “trustee” is appointed by the State or Federal court. This trustee is responsible for gathering the assets of the corporation or the “estate”. Assets includes all the property, whether real or intellectual, that the corporation owns. These assets are held by the trustee until s/he determines how the funds of the assets are distributed.

Debtors are paid according to priority. Secured creditors have first priority. An example of a secured creditor is the mortgage lender. The mortgage lender loans money and takes a “security interest” in your home. Automobile lenders are also secured lenders. Unsecured lenders would be credit card companies.

Assets that are disposed of prior to the filing of the bankruptcy can be challenged by a creditor. For example, if Marie Treanor’s rights were sold to Ellora’s Cave while Triskelion knew it would be filing bankruptcy, any creditor would have the right to challenge that sale. To engage in pre-bankruptcy transfer of assets could endanger Triskelion’s ability to discharge its debts.

Discharge of the debts is the ultimate goal. Most times, in a bankrupcty, most debts are discharged and the creditors receive only pennies to the dollar of what was originally owed to them. As one of the commenters said, bankruptcy really doesn’t do anyone any good. I hope this clears some of questions up. If you have others, please don’t hesitate to post them.

Jane Litte is the founder of Dear Author, a lawyer, and a lover of pencil skirts. She spends her downtime reading romances and writing about them. Her TBR pile is much larger than the one shown in the picture and not as pretty. You can reach Jane by email at jane @ dearauthor dot com

65 Comments

  1. Rhonda Penders
    Jun 20, 2007 @ 12:08:58

    As I said in previous posts, this is a sad time for those involved and I offer my sympathies. I’m so very sorry that all of you have gone through this turn of events. I wish the owner and the editors of Triskelion all the best for their future as they move on.

    Rhonda Penders

  2. Angie
    Jun 20, 2007 @ 12:15:17

    Things like this make me want to hide under my desk, just a bit. It’s hard for the whole industry when something like this happens.

  3. Ann Bruce
    Jun 20, 2007 @ 12:37:01

    Best of luck to all the former Triskelion authors with placing their works at other publishers.

  4. Keishon
    Jun 20, 2007 @ 12:38:42

    Marie Treanor was a favorite from this publisher. I really am sorry to hear this news. Good luck to you and everyone else.

  5. EC Sheedy
    Jun 20, 2007 @ 12:43:15

    It’s always so difficult to hear this kind of news; everybody suffers, the business owners, the creditors, and the authors. When a dream dies, unfortunately it dies hard.
    I’m sorry for everyone involved–and I hope the authors find new homes for their work ASAP!

  6. December Quinn/Stacia Kane
    Jun 20, 2007 @ 12:51:21

    It will probably be years before the authors are able to place their books elsewhere. The rights will be held as assets until the bankruptcy case is closed (or settled, or adjudicated, or whatever the technical term is.)

  7. Jaci Burton
    Jun 20, 2007 @ 13:02:57

    I’m really sorry to hear this for all the parties involved–the publisher, their staff and especially the authors.

    My sympathies to all involved.

    I hate to see any publisher close it’s doors. :(

  8. bam
    Jun 20, 2007 @ 13:17:38

    God, this is terrible.

    Best of luck to everyone involved.

  9. Kalen Hughes
    Jun 20, 2007 @ 13:52:03

    This sucks. I can’t believe all those authors are going to be stuck in the middle of Trisk’s melt down. Hopefully something can be done to return their rights sooner rather than later (esp. as Trisk seems to have been leading them down the primrose path for the past few months when they could have been taking steps to get their rights back if only they’d been told the truth).

  10. Teddy Pig
    Jun 20, 2007 @ 14:03:17

    I guess the “Bail with Gail” campaign was not enough then?

    I know, I know, I’ll get in the hand basket now.

  11. Missy
    Jun 20, 2007 @ 15:38:41

    Some of the authors have been told that their contracts are frozen and they can’t get the rights back. I’m sure that won’t stop them from trying and I hope this is incorrect information.

    Some have even been told that if their manuscript is sold to another publisher when Trisk’s assets are liquidated, they won’t receive any royalties from the new owner of their manuscript. I can’t see how that could be true, but that’s the information they’ve received.

    I want to echo the comments of others here and tell the Trisk authors that I hope they find a new home for their books. But they’ll have to get their manuscript rights back before they can do that. I think December Quinn was correct in her comment that it may take years.

  12. December Quinn/Stacia Kane
    Jun 20, 2007 @ 16:03:41

    If there are any Trisk authors out there looking for an attorney or legal advice, this is a good site to get you started. You want to look under both bankruptcy and intellectual property. (It’s an international site as well, not just US.)

    Cathy Clamp is seeing what else she can find that may be helpful to any of you stuck in this.

  13. Ciar Cullen
    Jun 20, 2007 @ 16:15:34

    I feel for these authors. But am I missing something? If they aren’t filing until July 2, then the authors can get their rights back immediately with a letter stating that the contract has been broken, correct? It’s not much time, but still… That is, of course, if they haven’t already filed. I’m so sorry, guys.

  14. Teddypig
    Jun 20, 2007 @ 16:38:24

    closing its doors on July 2, 2007

    That’s just when they stop selling anything not when they filed.

    *Holds ears*

  15. Jane
    Jun 20, 2007 @ 16:49:16

    I DONT THINK IT MATTERS WHEN U FILE BECAUSE ANY CONVEYANCE WITHIN ONE YEAR OF THE FILING CAN BE CHALLENGED. SORRY FOR THE CAPS. TYPING FROM MY PHONE.

  16. Cathy Clamp
    Jun 20, 2007 @ 17:24:35

    There was a terrific article all about publishers going bankrupt and the rights of authors in the Summer, 2006 issue of THE BULLETIN, which is the official publication of Science Fiction & Fantasy Writers of America. It’s written by a very well-known publishing attorney and tells you pretty much everything you need to know about how to proceed. Non-members can order a back issue of the magazine. It’s only $4.99 with free shipping in the US–well worth the price! Here’s the link to the site (putting in spaces after the // so it won’t disappear. You want Issue #170, Summer 2006.

    http:// http://www.sfwa.org/bulletin/backorder.htm

    Good luck!

  17. Robin
    Jun 20, 2007 @ 17:34:31

    Jane, are authors considered creditors of Triskellion, even if their contracted rights constitute assets of the corporation?

  18. Lynne Connolly
    Jun 20, 2007 @ 17:45:37

    I suppose I’m one of the lucky ones, because I got most of my rights back last month.
    But this sucks. I left some books with Triskelion because they asked me to, because of ‘goodwill.’ Triskelion has been good to me in the past, so I said yes. Do you think ‘goodwill’ would have given me those rights back before all this hit the fan?
    Nope.
    But there is a way for authors to get their rights back. In the contract, it says that if Triskelion ceases to sell the books, then the contract is null and it is set that there doesn’t need to be a response. The author has to state it publicly.

    So here’s my statement.
    To Kristi Studts and Triskelion Publishing

    I request return of rights to

    The Chemistry of Evil
    Eternal Beauty, Eternal Darkness
    The Haunting
    Rubies of Fire
    Diamonds of Ice

    You do not have a signed contract for Liquid Crystal, so rights revert to me.

    I cite clause 13

    Publisher may, at its discretion, remove the Work from publication or distribution for reasons of poor sales or other reasons deemed by the Publisher to be injurious to Publisher's or Author's best interest. Publisher shall notify Author of its decision to withdraw the Work and upon receipt of such notice this contract shall terminate and all rights will revert to Author.

    K. Studts made such notification on June 20th, 2007, when she announced Triskelion Publishing would cease trading on July 2nd 2007.

    Therefore from 3pm, USEST, June Twentieth 2007, when I received such notice, all contracts have terminated and the rights have reverted to the author.

    This is a public announcement that I acknowledge that termination of contract and have reclaimed the rights to my works.

  19. Jane's Addiction
    Jun 20, 2007 @ 17:50:05

    Why doesn’t a trisk author come and publish their bankruptcy clause from the contract? There are 4 basic scenarios, the contract doesn’t have a B-cy clause (oops on the author’s part), the B-cy clause says publisher’s rights transfer in B-cy to successors (which, I’ve actually never seen such a clause in practice), the contract has a B-cy clause that immediately terminates upon filing by or against publisher with reversion of rights to author, or the clause has something along the lines of “If the Publisher is adjudicated as bankrupt or liquidates its business” — which is not as good a clause as the immediate termination.

    Certain transfers can be undone by the court, most frequently this is a transfer of fungible items. For licenses, the terms of each individual contract would need to be reviewed. There are termination clauses built into many publishing contracts (at least epublishing contracts).

    Sad state of affairs is that the authors need an attorney to advise them but the royalties they were getting and might get off the books are hardly worth one billable hour.

  20. Jane
    Jun 20, 2007 @ 17:56:34

    I’m doing some research right now and preliminary it looks like the court views an authors contract with a publisher as a “contracts involving a relation of personal confidence” which cannot be subject to the bankruptcy estate.

    But, even if the authors were creditors (and I think that they would be for royalties), creditors subject to discharge receive very little.

  21. Angie
    Jun 20, 2007 @ 18:03:40

    21. Bankruptcy and Liquidation
    If the Publisher is adjudicated as bankrupt or liquidates its business, this agreement shall thereupon terminate, and all rights granted to the Publisher shall automatically revert to the Author.
    Upon such termination, the Author, at his or her option, may purchase the film, plates and other manufacturing materials as well as any remaining book stock for one-half of their manufacturing costs. This option must be exercised by the Author within sixty (60) days of notice by the Publisher.

    This is our contract language (knock on wood that we’d ever have use for it, but this is how it reads). I believe EC and NCP have some type of a similar clause. I don’t know about the other pubs, but they *should* have something similar.

  22. Jayne
    Jun 20, 2007 @ 18:26:53

    Poor Lynne, this is the second time this has happened to you.

    Has anyone got statistics on how many epublishers survive past 1 year? 2 years? 5 years?

  23. Paris
    Jun 20, 2007 @ 18:28:35

    When news like this happens, I just have to wonder why in the world ANYONE is surprised? New e-publishers pop up every single week, many being owned by people who (for the most part) seem to have no business experience whatsoever, and authors flock to all of them as if they were God’s new gift to the industry. Then six months or a year later when the authors stop getting royalties (if they ever received any to begin with) everyone wonders what happened and scratches their heads. And just watch…when the next fly-by-night publishers open their doors in the next few weeks (and there will be some, no doubt), authors will also flock to them without a single pause and the nasty patterns will repeat themselves. Authors need to get smart and avoid the newby publishers until they’ve been in business for several years and have proven they can follow their contracts, pay royalties, etc. Lord knows there’s plenty of legitimate publishers out there already, so why take a chance on yet another untested entity?

  24. Jane's Addiction
    Jun 20, 2007 @ 18:41:39

    Paris, didn’t you say that two, three weeks ago, some other bat time, some other bat channel? That would mean Loose-ID up until about a year ago and Samhain, which hasn’t even turned two yet and has a deal with Kensington.

    Look at the people running it, look at the site, look at the quality of the authors you’ll be placed with, etc. But, hey, authors who want to cut a publisher from their list for that reason alone, go ahead. Anything that winnows down the slush pile at the occasional rare gem just starting up is fine with me.

  25. Lynne Connolly
    Jun 20, 2007 @ 18:49:14

    Thanks, Jane, yes we poor authors take knocks, but we bounce back!
    Epublishing at the moment is getting really interesting. There are the big companies, like Ellora’s Cave and Samhain, who have agreements with New York publishers and established names. There are the smaller startup companies, and there you are taking a chance. They could be really good, and worth doing, or they could be a very risky thing.
    But there are so many authors wanting publication, there are always more. People whose aunties and husbands tell them their stories are so good they ought to go for publication, people who think the publishing world doesn’t understand them. And who are we to spoil their dream?
    But among those small companies I could name at least two gems, run by people who really know what they’re doing and they are determined not to make the mistakes of over-investment, running too fast too soon. You just need to know who they are.
    For me, I spread my work around. While Triskelion has gone, I still have Samhain, Mundania, Uncial (a little gem of a company, IMO), Awe-Struck and Champagne (another gem). I got most of my rights back from Triskelion before this mess but there are authors who are completely gutted by this development.
    And there are other things in the wings for me, but far too early to talk about them yet.

  26. Lynne Connolly
    Jun 20, 2007 @ 18:50:12

    Forgot to mention – for the first 3 years a new company has big tax breaks. After that, they’re on their own.
    So the longer a company has been in business, the better.

  27. Lynne Connolly
    Jun 20, 2007 @ 18:52:28

    And if any publisher or agent reading this wants to look at the books I have, let me know! Plus the other books I used to have with Triskelion (hey, this blog gets mega hits, and you never know!) Jane, if this results in any good stuff, I owe you several drinks!

  28. Charlene Teglia
    Jun 20, 2007 @ 19:55:26

    Argh, Lynne. Sad news for all involved.

  29. Shiloh Walker
    Jun 20, 2007 @ 20:39:04

    I’m sad to hear this.

    I ended my business relationship with Trisk back in the fall. It was amicable and both Kristi and Gail always dealt fairly with me.

    Best of luck to everybody involved with Triskelion in any way.

  30. Shiloh Walker
    Jun 20, 2007 @ 20:39:55

    BTW, Janes, I love the new comment feature where you can edit your comment.

    you all one of the nicest blog layouts.

  31. Ann Jacobs
    Jun 20, 2007 @ 22:47:19

    I never dealt with Triskelion, but I feel sad for everybody involved.

    I wish the best to all the authors involved–and to the owners and management.

  32. Becca
    Jun 21, 2007 @ 05:38:04

    Here is the clause from my Trisk contract:

    C. Bankruptcy – If the Publisher should file for bankruptcy or reorganization, or the Publisher liquidates its business for any reason, the Author may terminate this Contract within thirty (30) days by giving written notice through receipted mail. All rights granted by the Author to the Publisher will at that time revert back to the Author.

    I got my rights back over a month ago, whew!

  33. Sarah McCarty
    Jun 21, 2007 @ 05:59:15

    This is very sad to hear. Hugs to everyone involved.

    And not to beat a dead horse, but when everyone goes looking for a new home, a good rule of thumb would be to look at any company in existence under 5 years as a start up. This does not mean not to sign with them. Good things happen all the time in small companies, but have protective clauses in you contracts that protect your interests as an author should they fall into a financial issue or a managerial dispute.

  34. Linn Random
    Jun 21, 2007 @ 12:02:50

    I am just heart sick for the Authors, Cover Artists and all the innocents from Triskelion. What about the new authors who may have just signed? This is sad news indeed. I had my own Triskelion Wars several years ago but as I got my rights back, I never said a word against them as not to cause any harm to any friends/authors. I feel guilty, perhaps I should have. Bankruptcy is different in every state, so if you are looking at the laws look to Arizona. And believe Triskelion was an LLC. In the meantime, I recommend Red Rose Publishing. Wendi Felter is a lovely lady who is ethical and while she is a new publishing company she has been around for years in the epublishing world. She says she would be very very interested in inviting any Triskelion Authors to contact her. With Red Rose, you could get your books out sooner rather than later. Whatever Trisk Authors do, You all have my heart and I am sending you my very best wishes for success. Linn

  35. Poison Ivy
    Jun 21, 2007 @ 14:30:35

    I would urge anyone considering submitting to a start-up publisher to evaluate their product line and do some research on the company first. Ideally, you want someone with a publishing track record to be the publisher, not just somebody with some money. Read their epublished books and look to see if their published books compare favorably with those of major publishers. You don’t want your book with a new publisher to be the one that they forgot to put a copyright notice on, for instance.

    And then it’s a matter of keeping your fingers crossed that these people have a good business plan and sufficient capital to weather the tough first years. I’m afraid there’s no way of predicting success. Or, for that matter, of predicting whether the financial backer(s) of the company are in this for the long haul or will bail after a couple of years.

  36. Cynthianna Appel
    Jun 21, 2007 @ 14:59:50

    I can’t say I’m totally surprised by these developments, as I was one of the authors who had their book contracts instantly nixed when I dare ask why I wasn’t being paid my royalties as per my contracts.

    What worries me most is this: I was never paid my royalties for my print book after the first month of release… It’s been out over a year, and I sold copies of it at Romantic Times Book Fair. Will I ever get a dime of those royalties I wonder?

  37. Linn Random
    Jun 21, 2007 @ 15:19:14

    Cynthianna, you and other authors who are owned monies to should be considered as creditors of Triskelion. I believe you do have a right to plea for these sums at the actual bankruptcy hearing. The Trisk Authors who are owned money to should get an attorney, file a class action, in the area or have someone represent you in trying to obtain the funds due you. The Attorney could state a position that in lieu of the funds due you would take your rights back and/or monies if there is any. When I was at Trisk, I will say this, my royalty checks came in one a month on the same day every month, I was always paid. I am still in a fog as to how this once strong publisher went from being recognized by the RWA to a publisher who didn’t pay author royalties and who is now in bankruptcy. How did this happen? And yes, I heard the discontent, not paying authors…..I just don’t understand as to how or why this happened.

  38. Marci
    Jun 21, 2007 @ 15:22:59

    There has been a great deal of discussion of this on the Epic list as well. A few of the posts talked about how bankruptcy laws supersede contractual laws. This makes a bankruptcy clause in a contract null and void anyway as manuscripts contracted are considered intellectual property and a means of returning some of the lost income from the bankruptcy to the debtors.

    Mind you, I am only repeating what I have read and I am not an expert in this field. Also bear in mind that each state has its own bankruptcy laws.

    I wish all of you soon-to-be former Triskelion authors the best and hope for a speedy return of your rights with as little mess and fuss as possible. This may not be possible, but I hope it to be so.

    Marci Baun

  39. Lucynda Storey
    Jun 21, 2007 @ 16:13:46

    Hi Linn Random!

    Haven’t talked to you since those Trisk wars two summers ago…

    Aspen Mountain Press is my baby and believe me, I’m taking things very slow to avoid the sort of thing that happened to Trisk. I believe there was poor leadership and lack of involvement from the owner, and that they grew and extended themselves waay too fast.

    It is rather a risk to work with the new kid on the block. Looking at reviews might give some a clue as to how good their writers are, and obvioiusly, reading some of the works that have been released. Again, communication is important as well and that may make or break a decision on which publisher to go with.

    For all of us now, though, we have to wonder about the bankruptcy clauses in nearly all our contracts, and we have to keep about the business of creating stories for our readers. The unpleasantness of this particular situation won’t be over for a good long while, but we can be bigger than the situation and put our energies into creative endeavors.

    Hugs to all my Trisk associates and the writers I and my editors have and are currently working with!

    Viva la story.

    Lucynda

  40. Linn Random
    Jun 21, 2007 @ 18:04:18

    Hi Cyn!!!! I’ve been watching Aspen Mountain Press grow from afar, in the front row cheering you guys on each step of the way. The day I got my letter of release on my first three books back from Kristi Studs, I also recieved notice from Random House that they were interested in my book, Lights, Camera. Murder! and it went all the way to the head editor before I got a turn down. In the meantime, and still stinging from the contract agreement I had signed with Triskelion, I vowed never to go through that again. Even though my agent said I had a good chance with another major publisher, I turned her down and formed my own publishing company, Sanibel Press Inc. Sanibel Press Inc is a fully recognized publisher primarily for my books at the moment, I may open to a full blown publishing house but like you said, its best to start small and grown. Sanibel Press is a member in good standing with the Florida Publishers Association and I am on the Board of Directors contributing marketing articles. What I have learned!!!!! My books are available in print, ebook format also with mobi and we are working on audio books now and my books have been picked up by a Movie Producer, so there is much to talk about. You, Lynne Warren, Lynne Connelly, Esther Mitchell, Cynthia Tregarth, Terri Mac, Rae Monet whom I adore, are still my favorite people and I am a huge fan of each and everyone of you. Lets stay in touch. Write me off the board, still at my home addy of [email protected]. Hugs to everyone, Linn

  41. Lynne
    Jun 21, 2007 @ 18:55:48

    What strikes me about this whole mess is how long it will take RWA to de-recognize Triskelion. They’re still on the RWA recognized list, more than a day after the impending bankruptcy was announced. RWA has known about trouble at Triskelion for a while, obviously, and matters were serious enough to disinvite them to National. What does it take to get a defunct and/or dishonest business delisted?

    A lot, apparently. There have been other publishers and agents who stayed on the list a LONG time after it was known that they weren’t paying their authors or had other contractual or ethical issues. At a certain point, I think we have to seriously ask if the list is more of a hindrance than a help.

  42. Lucynda Storey
    Jun 21, 2007 @ 19:55:26

    Lynne,

    The whole RWA thing is another story altogether. I’m pretty sure they are retrenching and reexamining their publisher standards and have promted the changes they are requesting for publisher recognition, the RITA and the PAN program because of incidents like the one with Triskelion. They bent over backwards to say that publisher recognition wasn’t supposed to be approval of a publisher or its practices or contracts, only that they met minimum standards. Currently, if your publisher is approved, you are allowed PAN status and can be included in the goings on with the Published Author Network. One of the current changes RWA is requesting is that an author prove they’ve earned a minimum of $2,000 off any one book through sales or advances or a combination of the two. What that would effectively do is cut out anyone from being able to be in PAN if they don’t sell that amount in a single eBook.

    One of their reasons for this is they think that tying PAN to income proves an author is serious about their career. But somehow, if Harlequin paid you a $2,000 advance for a single book and you never sold another story that makes the Harlequin author more serious than the eBook author who is consistently turning in 3 or more stories a year.

    I sincerely hope RWA members are contacting Ms Burnham and Ms Milburn so that their opinions are relayed to the RWA board. Dallas ought to be really interesting in about a month when the RWA convention arrives.

  43. Patricia Guthrie
    Jun 22, 2007 @ 07:24:17

    I am so sorry this is happening to all of you. I’m actually blown out of the water on this one, because i thought “Trisk” was one of the healthy Epublishers.

  44. Isabel Scott
    Jun 22, 2007 @ 09:37:14

    Another time tested epub is Awe-Struck. Ten years and counting. I’ve found Dick and Kathryn great to work with.
    Isabel

  45. Isabel Scott
    Jun 22, 2007 @ 09:50:55

    Re RWA. I wish they would toss sales/financial considerations for approvals and check the quality of the material an epub releases. I’ve read way too many ebooks that wouldn’t have made it past my critique group in one piece and was the biggest reason I didn’t submit.

    What RWA’s lists should do is assure an author that they are dealing with a publisher, any kind of a publisher, who takes a genuine interest in the quality of the stories they publish.

    Isabel

  46. Joanna K. Moore
    Jun 22, 2007 @ 10:24:56

    I received my rights back to both my books at Trisk in writing on May 18th. I promptly sold both books to Wild Rose Press, and I’m very happy with how things are going there.

    I am due royalties for my print book, but I have no idea how or when I will see them. What about the remaining copies of our print books? Will those just disappear? This is a strange event, and I am waiting for some kind of response to my emails.

    Joanna

  47. Linn Random
    Jun 22, 2007 @ 11:41:47

    Joanna, you and other print authors may want to contact Amazon or wherever your books are being sold and buy up whatever remaining copies you had-at least you’ll have the copies. When I was with Triskelion Kristi was having the books printed at Booksurge, which is now owned by Amazon. BTW- my book was Triskelion’s first single title book. Also Joanna, per previous posts there is some concern about any book released 90 days prior to the filing. There has been some very sage advice about checking into bankruptcy laws in Arizona and some very very good advice about contacting an attorney. Bankruptcy Laws supercede the contract laws between author and publisher. If there is money owed to you, you have the right to be at the bankruptcy hearing and request that money due. As we are writers we are offering opinions, its so important for Trisk Authors got find out the legal rights you have. I’m on your side. I am just so grieving for everyone currently at Triskelion, this is just so very awful and I hope things do get resolved quickly. All of us who have gone before understand your anguish about this, we had our our troubled past with Triskelion. When my book came out, apparently, no one at Triskelion bothered to look at the proof or galley. I even offered to pay myself to fix the errors, it was horrible, sentences were doubled on top of each other, there were errors that were in the book that we not in the original manuscript and not in the ebook. I was embarrassed by it and it had my name all over the cover. I ordered 50 copies that cost me over $ 650-never saw a dime of royalty. The long and short was, like so many others when I asked to have the errors fixed, it turned into a war. So, I have my scars, and from my own experience learned. I got through this, other wonderful wonderful authors were treated worse. This is shameful. Remember Triskelion has assets, printers, computers, desks, etc etc. These assets can be sold to pay off any debt due to anyone to whom Triskelion owes money. Trick is you have to show up or be represented at the bankruptcy hearing. B&N and other vendors usually pay in 30 to 60 days. Does anyone actually know how many books were sold per author? Does anyone have access to the financial books of Triskelion. When its so easy to do the right thing, I am so confused as to why Trisk authors were treated so shabbily. When a company goes into bankruptcy the assets are frozen until the bankruptcy is discharged by a Judge. During this time, creditors who are owned money can challenge and file against. Find out what your rights are. God Bless you all. While I am be out of the ring of fire, I still remember the feeling of being burned. We care all of us as writers. Big Hugs everyone and know, you’re writing career will again flourish and you will be all the stronger for this experience. I promise each and everyone of you, you are in the shadow land, this time will pass. I promise you it will.

  48. Linn Random
    Jun 22, 2007 @ 11:44:44

    FYI, my books are at Amazon, and I get paid via every month, for all books sold during that period. Mobi pays via paypal or in $ 500 incriments directly to publishers. Can’t believe B&N would be different.

  49. Joanna K. Moore
    Jun 22, 2007 @ 11:52:17

    I was told not to expect any royalties on my print book until Jan. ’08. Now I have no idea what will happen in that regard. This whole thing is just appalling.

    Joanna

  50. Joanna K. Moore
    Jun 22, 2007 @ 11:59:52

    I cannot travel to Arizona for the hearing and I expect most authors cannot, nor can they afford to hire an attorney for the amount of money due us. To put it politely, this sucks.

    Linn, the back cover copy of my novel was messed up so badly, it blew my mind. I also offered to fix it, because the back cover copy is a huge part of marketing. Nothing happened.

    Regardless, I am glad to have a business relationship with WRP now, and glad I got out of Trisk when I did.

    Joanna

  51. Jane
    Jun 22, 2007 @ 12:02:51

    I don’t want to piss on anyone’s parade, but what Linn is saying (and is correct) is that in a bankruptcy proceeding, the trustee has the right to go back 90 days and reclaim assets (such as rights to books) that have been disposed of by the publisher. Another creditor (such as a credit card company) could file for previous reversion of rights to be nullified and the money recouped.

    It’s a dangerous area for other epublishers to enter.

  52. Linn Random
    Jun 22, 2007 @ 12:52:27

    Joanne, I understand sweetie, attorneys cost money, BUT, I just did a search for bankruptcy records for Maricopa County and there are any number of attorneys who offer a FREE consultation. Also suggesting, you contact the Clerk of Courts Office to find out when exactly the paper work when was filed. No one knows if the paperwork was filed June 20, or April 15….get the date, the clerk of the court should give you that info as its free info. Also when you get that info, find out who the attorney is who is representing Trisk. They should be able to give you some answers but don’t take their word for it, he or she will be working for Trisk not you. I also read that any spending sprees within three months of the file cannot be counted and may be rejected. The information you guys are seeking is in a google search. Get proactive and find out what your rights are and how you can get the money and the books that are due you. Also if enough of you band together, it should make an attorney fee workable. And one last suggestion, check with the State Attorney’s Office, see what they can do. Stay Strong.

  53. Joanna K. Moore
    Jun 22, 2007 @ 13:22:52

    Jane, thank you for all you’re doing to give us a forum. I am out of the loop as far as Trisk news, since I left the company last month. ANYTHING I know is via the net on forums such as this. I’m thankful for that.

    Joanna

  54. Sammer
    Jun 22, 2007 @ 16:42:41

    I fear for those who were granted their rights within the last 90 days and have since signed these books with another publisher. If it’s true that the bankruptcy court can go back and reclaim these contracts… That’s almost worse than the authors who are out royalties and waiting for the return of their rights.

  55. paula
    Jun 28, 2007 @ 12:05:10

    My heart goes out to the authors caught in this sweep and I understand your frustration. The “why� does make a difference in whether bankruptcy is a good/bad thing. I met a woman who said she filed every seven years, ran up debt and re-filed just to wipe out the thousands she owed. The new laws are targeting “serial filers� and she will be caught.

    I looked forward to never filing, but after the Army broke my hubby (seventeen year war vet – Persian Gulf) and our income took a 75% drop from what it was for countless years. Sure he received a disability severance pay (loan in my opinion) and I paid off over twenty-three loans/credit cards/debts totaling over sixty thousand, I thought we could make it, but fate had other plans and forced me to choose between my home and two credit cards while his disability suffers nearly a one thousand dollar garnishment to pay back the severance monies. Easy choice after all I did pay off.

    I am involved in a bankruptcy 7 (in TN state – thanks Uncle Sam), but according to my attorney, bankruptcy is under federal jurisdiction and my creditors have the right to go back as far as one year for anything I had a right to or sold for money, can demand up to four years of tax returns and the trustee can take me to court if he even thinks I’m “gaming the system” (doing ANYTHING illegal). The new bankruptcy book on my attorney's desk is so new it has no index. My creditors are unsecured and I don't make enough as a writer for the judge to take any interest in my books (heavy sigh and deep appreciation for being a newbie at the moment). PLEASE, I beg you, be careful of what you do with your books until you receive the papers from the court granting you your rights and exactly what those rights are.

  56. Linn Random
    Jun 28, 2007 @ 13:21:37

    I am sorry about your circumstances and its also shameful the way this country treats our vets.

    But when Triskelion first started understanding what was happening, they should have released the authors then! Instead, they took the authors unaware and brought them down with the ship.

    As I said before, how tough is this to do the right thing!

    Linn

  57. Lynne Connolly
    Jun 28, 2007 @ 13:42:16

    “But when Triskelion first started understanding what was happening, they should have released the authors then! Instead, they took the authors unaware and brought them down with the ship.”

    That isn’t down to Triskelion. There was the usual bankruptcy clause in our contracts, but it seems this isn’t actionable. Since nobody seems to have realised this before Triskelion declared its intention to file for bankruptcy, in all fairness this isn’t down to them.

    Triskelion can be blamed for several mistakes that led to its downfall, but not this. Earlier this year they released any author who asked, but since it has emerged that the courts have the power to backdate claims, that drags us right back in. Maybe. We have to wait and see what the court decides.

    Various bodies are looking into the implications of this, as it affects all authors with contracts containing the same clause.

  58. paula
    Jun 28, 2007 @ 15:48:09

    Thank you for your Vet sentiments, Linn, as such are deeply appreciated.

    I honestly tried to make right by my creditors, but alas, fate is stubborn at times. Did Trisk know? If so, when? I knew it was possible six months ago, but certain I could handle it or survive it, pushed on… until I fell. Was I wrong to keep trying? Not IMO as my determination to make it right by the creditors who trusted me blinded me.

    Yes, Trisk should have released their authors the instant they realized the inevitable, but the bankruptcy law has a very, very long arm … much longer than it ever was before. As it stands, the debtor can now only exempt up to eight thousand dollars of assets and no reaffirmations are allowed without the trustee assuring the debtor can handle the debt for the involved property. Yes, even if the mortgage company is willing to reaffirm, the trustee can decline such and seize the home if he fears the debtor can't handle the bill. Fortunately, what I have equity-wise is exemptible and I can keep my home. *huge sigh* Also, my books contracts were signed well over a year ago.

    My attorney did tell me that if a high value home was sold 364 days before the debtor signed the bankruptcy paperwork in their attorney's office, the trustee might be able to seize said property for the creditors. Lynne is right. The drag in of the authors is no longer Trisk's fault as it is bankruptcy law. Any contracts not returned 366 days before Trisk signed the bankruptcy paperwork in their attorney's office stand in jeopardy which is why I begged authors to make sure they can do something with those books before they take any step.

  59. Linn Random
    Jun 28, 2007 @ 16:23:56

    Paula, thank you again for your husbands service to our country. Your wisdom came at a very high price and I thank you for sharing such a private matter. I know you shared to help people understand.

    I pray your financial situation contines to be as strong as your spirit.

    Regards Trisk, with legal council they would have known what the ramifications would be to the authors before they filed but it may have been to late in the mix for Trisk to do anything about it.

    Whatever happened in the end, we need to support the Authors and we need to keep in mind that in this day’s ecomony, with publishing world changing; we need to remind ourselves that there but the Grace of God, go I.

    Good Bless you Paula. Linn

  60. paula
    Jun 28, 2007 @ 17:33:45

    I do support the authors and I hope with all my heart they come out this with their books in their hands and their rights in their possession. :)

  61. Anne
    Jun 28, 2007 @ 18:40:23

    I’m always looking for a good ebook so thank you for the publishers that you have listed. I hope that all authors will find the right publishers and don’t get caught in the legal quagmire.

  62. Jenny
    Jul 07, 2007 @ 16:30:49

    Re Awe-Struck – Some authors are happy with that house and some have withdrawn their books because they aren’t. A publisher can cease selling your book, thereby breaking most contracts, without notifying the author. Unless you’re checking your publisher’s web site regularly, it may take you awhile to catch on.

  63. AJ
    Oct 20, 2007 @ 17:23:40

    Don’t know if anyone is interested but if you want bulk copies of your in print books – I don’t know what I have exactly yet – but I bought almost all remaining books from phoenix bankruptcy auctions – including what remains at the drop shipper in Michegan. So if anyone is wanting copies of thier books send me an email and if I come accross your titles I will let you know – and see if we can work something out. Good luck to All!
    [email protected]

  64. Kerrie
    Dec 20, 2007 @ 10:47:48

    I am so disappointed. That explains why Bewitched, bothered, and Bevampyred 2 is no longer coming out. I hope another publisher will pick up this series.

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