American Farm Bureau: Mixed news on farm bankruptcies amid pandemic – Drgnews

Farm bankruptcies increased 8% over a 12-month period, with 580 filings from June 2019 to June 2020. A six-month comparison, however, shows the number of new Chapter 12 filings slowing. Several contributing factors are likely at play as farmers struggle to stay afloat during the COVID-19 pandemic.

The Midwest, Northwest and Southeast were hardest hit, representing 80% of the filings across the U.S. Wisconsin led the nation with 69 filings, followed by 38 in Nebraska. Georgia and Minnesota each had 36 filings.

A closer examination of the numbers shows that while year-over-year filings increased for the month of June, filings slowed during the first six months of 2020 compared to the first half of 2019. The latest AFBF Market Intel, written jointly with the Association of Chapter 12 Trustees, shows from January to June 2020, there were 284 new Chapter 12 bankruptcy cases, 10 fewer than the same time in 2019. The reduction in filings coincides with aid distributed in the CARES Act that compensates farmers and ranchers for losses incurred from January through mid-April of this year. According to the Association of Chapter 12 Trustees, approximately 60% of farm bankruptcies are successfully completed the highest successful percentage of all the reorganization chapters.

Every farm bankruptcy potentially represents the end of a familys dream, said American Farm Bureau Federation President Zippy Duvall. The fact that we saw bankruptcy filings slow in the first six months of 2020 shows how important the economic stimulus alongside the food and agricultural aid from the CARES Act have been in keeping farms above water, but the economic impact of the pandemic is far from over. Its imperative that Congress addresses the challenges facing farmers and ranchers in current coronavirus relief legislation.

As of August 3, $6.8 billion in CFAP payments have been delivered to farmers and ranchers. Many farmers, particularly those who are not regularly eligible for aid, have not applied for assistance or may not know the assistance is available. Farmers can learn more about coronavirus assistance at http://www.farmers.gov/cfap.

AFBF Chief Economist John Newton said, The bankruptcy numbers dont tell the whole story. The fact that the bankruptcy process is now virtual probably contributed to a decline in numbers. CARES Act assistance was also a bandage that slowed the bleeding on many farms, but those protections will soon expire. Without more help we could expect to see filings begin to rise again.

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American Farm Bureau: Mixed news on farm bankruptcies amid pandemic - Drgnews

These restaurants have filed for bankruptcy and many more are at risk – Yahoo Finance

The COVID-19 pandemic is also cooking up some high-profile restaurant bankruptcies.

California Pizza Kitchen filed for Chapter 11 bankruptcy protection on Wednesday. The mostly sit-down pizza outfit with some 200 locations has been crippled by the pandemic, noting in its bankruptcy filing sales were down about 40% year-over-year in the last week of June.

The company will look to cut $230 million in debt via its trip through the courts.

There have now been nine bankruptcies of outright restaurant chains or operators of franchises since early April (graphic below). With each month that has passed, the filings have become prominent as restaurants struggle with weak traffic after being allowed to reopen by states, piles of debt and sky-high rent. Besides California Pizza Kitchen, the other two high-profile names include childrens fun house Chuck E. Cheese and Wendys and Pizza Hut franchisee NPC International.

Chuck E. Cheese operates 555 locations in the U.S., which hang in the balance as it looks to restructure in courts. NPC International maintains a portfolio of 1,600 locations that also have a questionable post bankruptcy future.

Credit rating agency Fitch has warned more bankruptcies in the restaurant space wait in the wings.

Less frequent visits due to shifts in dining to delivery service or to increasingly popular healthier quick-service options will put more pressure on traffic at some brands at the same time the restaurants face increased competition from ready-to-cook meals available in supermarkets or via home delivery,' said Fitch director Lyle Margolis in a recent report.

Fitch warned that Checkers Drive-In Restaurants and Steak n Shake Operations are at risk of default. The Wall Street Journal reported in late June that Checkers had hired restructuring advisors to explore a potential restructuring.

Ultimately, in life after COVID-19 the local restaurant scene may be no more than a KFC, McDonalds, Burger King and one or two overpriced craft cocktail bars serving tapas which somehow managed to survive the financial distress from the pandemic.

We have to have a bailout [of the restaurant industry], said celebrity chef and owner of restaurant Blue Dragon Ming Tsai onYahoo Finances The First Trade. I dont know if the government understands the severity of this problem. We may be left with just chain restaurants and fast-food restaurants if the government doesnt react.

With government assistance nowhere in sight, Tsai may not be too far off the mark as seen through the rising number of restaurant bankruptcies.

Tsai thinks when its all said and done with the pandemic, some 50% of the countrys 1 million restaurants may no longer be open. His estimate is in line with others Yahoo Finance has talked with in recent months. All experts agree that fresh dine-in restrictions by states on fears of a second wave of COVID-19 infections would be the final straw for small- to mid-size restaurants and even franchisees of well-known chains.

You dont know how long it lasts, the predictions are going to be unreliable for the next couple of quarters, said long-time Dennys CEO John Miller on the industry upheaval. There are PPP loans, Main Street lending, a number of programs to help people get through the difficult time. As long as it recovers as fast as the virus is arrested one way or another, then we believe certainly within a year to a year and a half, things could be in pretty good shape and not as damaging as people might believe at the moment. There will be some shakeout.

Brian Sozziis an editor-at-large and co-anchor ofThe First Tradeat Yahoo Finance. Follow Sozzi on Twitter@BrianSozziand onLinkedIn.

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Men’s Wearhouse, Jos. A. Bank Parent Company Files For Bankruptcy : Coronavirus Live Updates – NPR

An employee works inside a Jos. A. Bank retail store in San Francisco. The parent company Tailored Brands earlier said it would close up to 500 stores and cut 20% of corporate jobs. Justin Sullivan/Getty Images hide caption

An employee works inside a Jos. A. Bank retail store in San Francisco. The parent company Tailored Brands earlier said it would close up to 500 stores and cut 20% of corporate jobs.

A collapse in demand for suits and other office attire is leading another storied retailer across the brink, with the parent company of Men's Wearhouse and Jos. A. Bank filing for bankruptcy.

Parent company Tailored Brands had been struggling with debt and flagging demand before the coronavirus pandemic. But the temporary store closures and collapse in apparel sales during the health crisis took their toll.

Tailored Brands which also owns Moores Clothing for Men and K&G brands said in mid-July it would it would shutter up to 500 stores and cut 20% of corporate jobs.

Men's Wearhouse and Jos. A. Bank are joined in pandemic bankruptcy by upscale rival men's clothier Brooks Brothers, preppy retailer J. Crew, the women's retail group that owns Ann Taylor and Loft, as well as department stores Lord & Taylor, Neiman Marcus and J.C. Penney, among others.

"The unprecedented impact of COVID-19 requires us to further adapt and evolve," Tailored Brands CEO Dinesh Lathi said in a statement announcing the bankruptcy late on Sunday. "Reaching an agreement with our lenders represents a critical milestone toward our goal of becoming a stronger Company that has the financial and operational flexibility to compete and win in the rapidly evolving retail environment."

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Men's Wearhouse, Jos. A. Bank Parent Company Files For Bankruptcy : Coronavirus Live Updates - NPR

Windstream posts 2Q loss of $162 million as bankruptcy exit looms – talkbusiness.net

As it exits bankruptcy and re-emerges as a private company, Little Rock-based Windstream Holdings reported a second quarter net loss of $162.4 million on Thursday (July 30).

Windstream reported quarterly revenues of $1.185 billion, down from $1.286 billion a year ago. Its second quarter net loss of $162.4 million was in improvement from a year-ago loss of $544.1 million. Net loss per diluted share was $3.80 versus $12.76 one year ago.

Embroiled in bankruptcy negotiations for more than a year, Windstream has shed more than $4 billion in corporate debt, renegotiated terms with its largest vendors, and is moving to reposition itself as high-speed broadband and enterprise service provider. Windstream has secured approximately $2 billion in new capital to expand 1 gig Internet service in rural America.

Windstream delivered solid second-quarter results bolstered by strong consumer broadband growth and increasing demand for enterprise strategic products and services. With our plan of reorganization confirmed by the court, we are poised to emerge later this summer from restructuring stronger than ever to expand broadband to rural America and help businesses succeed in the digital transformation, said Tony Thomas, president and CEO of Windstream.

Additional quarterly highlights include:

For the three months ended June 30, 2020, Windstream added more than 22,000 Kinetic broadband customers, representing the companys highest quarterly net add growth in over a decade.For the first six months of the year, its kinetic division added more than 40,000 net new broadband customers, surpassing the companys full-year guidance of 40,000 new broadband customers. As a result, the company is increasing its 2020 full-year guidance to 60,000 net broadband customers.Enterprise strategic revenues grew 24% for the first six months of the year compared to the same period a year ago.

BANKRUPTCY EXITIn late June, a federal bankruptcy court in New York signed off on Windstreams exit plan, a move expected to result in a late August resolution.

Windstream initially filed for Chapter 11 bankruptcy a year ago after a legal ruling by U.S. District Judge Jesse Furman in New York determined that it had violated bond agreements after splitting off the former Communications Sales & Leasing (CS&L) in April 2015. CS&L was the previous name of Uniti, a real estate investment trust that was spun out of Windstream and manages its fiber optic network.

Furmans decisive ruling arose from challenges by Aurelius Capital Management and U.S. Bank National Association that the 2015 deal was invalid under the terms of a debt exchange offer and consent solicitations in respect to senior notes issued by its Windstream Services LLC to finance the spinoff. The court further ruled that Aurelius was entitled to a $310.5 million judgment, plus interest from and after July 23, 2018.

At the time of the ruling, Windstream said it would bankrupt the company, which led to the Chapter 11 filing. It also led Windstream, a former Fortune 500 company, to be delisted on the NASDAQ stock exchange.

The biggest obstacle to resolving the bankruptcy status was between Windstream and Uniti.

In a settlement announced in March and approved in May, Uniti agreed to invest up to $1.75 billion in growth capital improvements, consisting of long-term fiber and related assets in certain Windstream properties over the initial term of new leases.

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Bankruptcy court will try to resolve a fight between Neiman Marcus and its creditors – The Dallas Morning News

There are two Neiman Marcus stories playing out these days.

One is about how the luxury chain based in Dallas can survive the pandemic and exit bankruptcy as the largest of its class.

The other is a dramatic, high-stakes fight over an asset unfolding in bankruptcy court.

A Neiman Marcus creditors committee believes that Munich-based MyTheresa, a luxury e-commerce business, was improperly transferred by Neimans board in September 2018 from the retailer to its owners at the time, Ares Management and the Canada Pension Plan Investment Board.

Ares and the pension fund led the $6 billion leveraged buyout in 2013 that left Neiman Marcus with unsustainable debt and sent it into bankruptcy court after the pandemic shuttered its stores.

The committee says that when that transfer happened, the board inflated the total assets of Neiman Marcus by billions of dollars to prove that the retail chain had sufficient capacity to make the transfer.

The Dallas-based retailer valued its business at more than $7 billion in 2018 before the transfer of MyTheresa. The committee said in its filing Friday that its investigation valued the retailer at $3.9 billion at the time, which means it was insolvent.

Neiman Marcus contended in court documents that it was paying its bills and was not insolvent. The transfer of assets from an insolvent company is a fraudulent transaction under bankruptcy law and can result in the asset being moved back within the reach of creditors.

There is also ample indirect evidence of fraudulent intent and multiple badges of fraud. In approving and effectuating the distribution, the [Neiman Marcus Group] Board was presented with various alternatives, including the option of paying fair value for the MyTheresa asset, but chose to upstream the asset for no consideration, the committee said in its report.

U.S. Bankruptcy Judge David Jones authorized the committee to investigate the transfer of MyTheresa after a long hearing in June during which he concluded that the witnesses to the transfer Neiman Marcus presented were unprepared, uneducated and borderline incompetent.

The lawyers for the creditors committee, Neiman Marcus and the private equity former owners of Neiman Marcus reached an agreement Friday to release the redacted documents.

The issue was to be heard at a hearing Tuesday that has now been rescheduled for Thursday.

The creditors of Neiman Marcus say the MyTheresa transfer was an asset grab by Ares and the Canada Pension Plan Investment Board. The committee believes that creditors have legal claims to the MyTheresa asset in the Neiman Marcus bankruptcy case.

The fight over MyTheresa is not new. Bondholder Marble Ridge Capital has been raising the issue the past two years, including in Dallas County District Court, where it lost a case on a technicality. Marble Ridge is one of the nine representatives on the creditors committee, along with Chanel, Este Lauder, Rakuten and others.

It all started in March 2017 when Neiman Marcus moved MyTheresa into an unrestricted subsidiary that wasnt tied to the companys almost $5 billion of debt. At the time, the creditors committee report said, MyTheresa was valued at $670 million, and it was valued at $822 million when the ownership transfer was made in 2018.

MyTheresa had appreciated to $976 million by the time Neiman Marcus filed for bankruptcy, according to the creditors report.

Ares responded in a court filing that Neiman Marcus creditors knew about the transfer and approved it.

Its not clear how or whether the issue will be resolved, but at a hearing Friday, lawyers representing all parties agreed that no one wanted to obstruct Neiman Marcus goal to exit bankruptcy this fall.

Other major issues expected to be presented to the bankruptcy court for approval Thursday include store closings and bonuses for top executives.

Twitter: @MariaHalkias

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Bankruptcy court will try to resolve a fight between Neiman Marcus and its creditors - The Dallas Morning News

Five Ways Latin American Airlines Can Strengthen Through Bankruptcy – Forbes

Airline demand drops have driven multiple Latin American airlines into bankruptcy. Used effectively, ... [+] this process could strengthen the region's aviation sector.

Two of the largest airlines in Latin America, Avianca and Latam, along with Mexicos AeroMexico, have filed for bankruptcy protection following the coronavirus outbreak. In the period from 2008-2012, most of the US airline capacity went through bankruptcy and the result was a few big mergers followed by years of record profitability for the industry. It also meant that many retired employees lost lucrative defined benefit pension plans and the consolidation produced efficiencies by eliminating excess capacity and reducing total industry headcount. Will Latin America see the same financial results from this current crisis?

The situation is obviously quite different. Worldwide airline demand has dropped to low levels, and the return of that traffic is uncertain both in terms of its timing and whether or not all traffic will even return at all. Latin American aviation has seen growth with low cost airlines, like the US and Europe, with carriers like Volaris in Mexico, Sky Airline in Chile, Azul in Brazil, and Viva Colombia. But as American, United, Delta, Northwest, Continental, and US Airways consolidated into three carriers and became financially much stronger, will the traditional players in Latin America be able to do the same and have success against the upstarts?

The answers to these two questions is uncertain, but if these carriers are aggressive the results should ultimately result in a stronger Latin American aviation sector. The five key things to do are:

Blue medical mask for protection against virus and other diseases. The graph shows how this virus ... [+] has damaged the economy and forced companies into bankruptcy.

Production cost is an airlines weight, and you cant win a race when youre overweight. Lower unit costs come from high productivity in all labor groups and physical assets, simplifying the operation, re-thinking distribution, and being realistic about the service to offer customers based on length of flight. Product features that can result in revenue premiums, because some customers will pay a higher ticket price, have to be made in proportion and should be evaluated as to whether offering such features is margin accretive. The growth of low cost carriers, just like in the rest of the world, shows that many customers want a low price over anything else. Larger, higher service airlines need to be able to offer low prices to those customers while still attracting higher paying passengers. The best way to thread this needle is with lower unit costs.

Every airline in the world is re-thinking their fleet plan given the dramatic change in demand and the recalibration of asset pricing in the OEM and aircraft lessor sectors. An airlines fleet determines not only where it can fly, but also how complicated its pilot training, maintenance, and support services will be. More complications always means higher costs for an airline. Using the flexibility that bankruptcy offers means that Latin carriers should be aggressive in re-structuring and simplifying their flown and ordered aircraft.

Ancillary revenue has become a critical component of airline revenue. Airlines have learned that by lowering base fares and charging separately for products that some choose but others avoid results in higher average unit revenue. Traditionally higher-service airlines dont need to go as far as airlines like RyanAir or Spirit but can create better pricing flexibility and attract a larger customer base when their revenue stream is more diversified. The realities of the coronavirus and the flexibility of bankruptcy restructuring gives Latin carriers a unique opportunity to change not only their unit costs, but also the robustness of their revenue engine.

ARTURO MERINO BENITEZ AIRPORT, SANTIAGO, CHILE - 2019/03/21: A LATAM Airlines Airbus 321 seen ... [+] landing at Santiago airport. (Photo by Fabrizio Gandolfo/SOPA Images/LightRocket via Getty Images)

Traditional airlines charge high fares to less price elastic business passengers and use low fares, and discretionary traffic, to fill seats still available. More successful airlines have figured out how to make money on every customer, including those paying the lowest fares. I dont mean this in a true accounting sense, meaning comparing those fares to the marginal cost of an empty seat on a flight already scheduled. I mean that they actively recruit passengers of all price elastic bands, because they know that however the plane is filled, it will be profitable. This comes from low unit costs and aggressive ancillary revenue production.

In both the US and Europe, difficult environments resulted in airline restructuring that included mergers. Airline mergers are complicated, distracting, and dont always work. But consolidation also has produced stronger companies and better controlled industry capacity. Latin America can benefit from this idea also, and this means that while these airlines in bankruptcy need to focus on items one through four on this list first, they should also try to position themselves to take advantage of tactical merger opportunities as they emerge from their own restructuring.

Bankruptcy is often seen as a sign of failure and mismanagement. But external events, like the massive demand destruction caused by the coronavirus, can also quickly change the financial position of airlines that may not have been perfect, but were viable before this. In these cases, bankruptcy can be an opportunity to fix core issues that will result in a stronger company with more growth opportunity. The relative strength of carriers like Delta, United, and American in the years prior to Covid-19 is in part due to the changes and initiatives made possible by bankruptcy and consolidation. Traditional Latin American carriers can do this same thing, and in the process became more competitive with low cost carriers and other countries carriers, and provide more stable employment and better customer service. But only if they use the toolbox that bankruptcy offers them!

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Five Ways Latin American Airlines Can Strengthen Through Bankruptcy - Forbes

Kentucky Bankruptcies Dropped Last Quarter. It’s The Calm Before The Storm – WKMS

The U.S. economy shrank by 33% from April to June, the worst quarterly plunge ever.

Yet, in Kentucky, bankruptcy filings actually dropped.

There were 34% fewer bankruptcy petitions from the first to the second quarter of 2020, according to new data from the Administrative Office of the U.S. Courts. The filings were also down more than a third when compared to the same period last year.

If that sounds like good news, experts warn the worst is yet to come. As the COVID-19 pandemic forces millions of Americans out of work and into debt, some Kentuckians are scraping by on unemployment insurance. Others might be waiting for their situation to bottom out before filing bankruptcy.

Weve got a tidal wave of bankruptcies coming, said Peter Brackney, a bankruptcy attorney in Lexington. The waters often recede before the wave comes in.

There are likely many reasons for the bankruptcy downturn. As the pandemic drags on for months longer than first anticipated, indebted consumers and business owners might be awaiting their financial nadir before petitioning a court for a discharge, or release from certain debts. Some debtors might be waiting for their employment situation to straighten out before entering bankruptcy proceedings. Others might be hoping for further relief from policymakers such as student loan debt forgiveness, considered a hail mary.

Some experts credited the governments emergency relief measures for mitigating the worst of the economic fallout. The centerpiece of the federal response was the $2.2 trillion CARES Act, which included the $669-billion Paycheck Protection Program, stimulus payments, forbearances on mortgages and student loans, and expanded unemployment benefits. A state moratorium on evictions has also staved off personal disaster for thousands of Kentuckians.

But relief measures arent expected to be permanent, and financial calamity continues to threaten those unable to make ends meet.

Steve Vidmer, a bankruptcy attorney in Murray, saw a clear lag in bankruptcy filings after Mattel closed its local Fisher-Price toys plant in 2002. Nearly 1,000 employees were laid off.

Here I assumed the floodgate was opened, Vidmer recalled. But it took a long time before people realized they might need to file for bankruptcy. Sometimes its not until months or years later that they realize theyre in a pickle they cant get out of.

Since April, bankruptcy filings are trending upward, if slowly. In April, there were 809 bankruptcy petitions filed in Kentucky; in June, there were 948.

Still, Junes filing total was 24% lower than June of last year. Meanwhile, theres some evidence consumer debts are getting worse. Americans will rack up an estimated $80 billion in new credit card debt in 2020, a roughly 8% increase, according to ananalysisfrom WalletHub.

The debt is there, but people havent paid the consequences yet, said Ed Flynn, a consultant with the American Bankruptcy Institute. After unemployment benefits expire and after foreclosures pick up again, he predicts bankruptcy filings will really go through the roof.

The typical debtor is not very high income, in Kentucky or anywhere else, Flynn said. It may take a year to really play out, but at some point, people are really going to feel the pain.

Graham Ambrose is an investigative reporter covering social services and youth issues. He is aReport for America Corpsmember. Contact him at gambrose@kycir.org.

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Kentucky Bankruptcies Dropped Last Quarter. It's The Calm Before The Storm - WKMS

NY congressman calls Remington bankruptcy filing ‘punch in the stomach’ – Olean Times Herald

UTICA (TNS) U.S. Rep. Anthony Brindisi, D-Utica, says he stands with the workers at Remington Arms following the announcement this week that the company filed for Chapter 11 bankruptcy in the U.S. Bankruptcy court for the Northern District of Alabama.

Remington Arms bankruptcy is a punch in the stomach for the hardworking men and women in our region, Brindisi said in a statement. This bankruptcy cannot be used as an excuse by the companys owners to gut union pensions, take away benefits that have been collectively bargained, or deny the safety rights of workers whove made the company profitable over the years.

He added, I have spoken with UMWA Local 717 representatives and have offered the full assistance of my office during this process. I stand with the workers in Ilion and their families whove dedicated their lives and made a living working at this plant.

As it stands, the Remington Outdoor Company is in talks with a number of parties and plans to solicit bids prior to a September auction, according to a statement distributed to Remington Arms employees in Ilion.

Republican Claudia Tenney, who is running against Brindisi for New Yorks 22nd Congressional District seat in the November election, also released a statement.

Remington Arms decision to file for Chapter 11 bankruptcy is a sad day for the Mohawk Valley, its loyal and hard-working employees, and America, she said. As the oldest continuously operating firearms maker in the country, the Ilion plant is part of American history and woven into the fabric of this community.

I have worked hard to defend Remington and its workers and will not stop now, Tenney said. It has been an honor to work with and earn the support and trust of its employees and its union, UMWA 717, over many years. I will fight to see Remington survive this painful chapter and come away stronger.

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NY congressman calls Remington bankruptcy filing 'punch in the stomach' - Olean Times Herald

Neiman Marcus moves closer to its bankruptcy exit – The Dallas Morning News

Neiman Marcus bankruptcy scaled a couple of milestones Thursday, and executives are getting a raise after all.

The Dallas-based luxury retailer is on schedule to have its business plan approved in September and emerge from Chapter 11 by early December.

That timetable was firmed up with the conditional approval Thursday of a lengthy set of documents that include Neiman Marcus business plan and a settlement in the dispute over the transfer of its Munich-based MyTheresa business.

U.S. Bankruptcy Judge David Jones is expected to sign off on the plan next week, and he also approved big raises for CEO Geoffroy van Raemdonck, seven additional top executives and as many as 239 key employees.

In approving the salaries, Jones overruled the bankruptcy courts trustee, who serves as a watchdog in such a case and who formally opposed the pay to stay compensation. The additional pay for the top executives is capped at $9.95 million, including $6 million for van Raemdonck.

Separately, $8.7 million in additional pay was approved for 239 employees, including senior vice presidents, vice presidents and other key employees.

Neiman Marcus creditors and lenders didnt oppose the pay increases. The parties that will bear the cost of this support it, Jones said, adding that he was approving the salaries to maximize the opportunity for success and retain the best and the brightest in an environment that we dont understand one day to the next.

The retention and performance-based compensation plan was filed several weeks ago, but Jones delayed it, asking for more context about what he said is a complicated case.

Three metrics that were put in place to justify the extra pay were met and exceeded, according to testimony during the Thursday hearing from Mark Weinsten, chief restructuring officer of Neiman Marcus Group.

The dispute over the transfer of MyTheresa to Neiman Marcus former shareholders Ares Management and the Canada Pension Plan Investment Board was resolved with the creditors committee. Shares of MyTheresa will be returned to the pool of assets that will be used to help pay creditors. The total value of the settlement wasnt disclosed, but it includes 140 million shares of MyTheresa and $10 million in cash.

Neiman Marcus said late Thursday that it is pleased that a global settlement was reached regarding the MyTheresa claims.

An ongoing dispute could have held up its disclosure statement, which includes its business plan.

The settlement resulted in the approval of the disclosure statement and adds significant certainty to the restructuring process, and we continue to target early fall 2020 for emergence from bankruptcy, Neiman Marcus said in a statement.

Twitter: @MariaHalkias

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What’s the Deal? Bankruptcy Tips and News | Nexsen Pruet, PLLC – JD Supra

In turbulent economic times, clients often ask us how they can find out whether a particular company or person is in bankruptcy. While we can run quick searches for this information, there are ways you can find this information on your own. If a quick Google search does not yield results, two resources maintained by the U.S. federal courts are the Multi-Court Voice Case Information System (McVCIS) and Public Access to Court Electronic Records (PACER). The first resource is free, and the second requires setting up an online account for payment of relatively small fees.

McVCIS is an automated, toll-free telephone system that allows callers to obtain bankruptcy case information by selecting menu options on any touch tone telephone. The McVCIS number in United States is 866-222-8029. A computer-generated voice guides callers through their choices in English or Spanish, ultimately providing the following case-specific information, when available:

In order to find information about a particular case using McVCIS, callers need to select the state in which they believe the debtor would have filed their bankruptcy petition. For an individual debtor, usually the filing is in the state in which the debtor currently resides. For a debtor that is an entity such as a corporation or limited liability company, the filing may occur in the state in which the company was organized or the state where the principal place of business is located. Do not assume that because a business has operations in your state they would have filed a bankruptcy petition there. Many companies are created under the laws of Delaware, and many maintain their headquarters in New York, leading to the multitude of bankruptcy filings in those forums, even for businesses with significant connections elsewhere.

In states where federal courts are divided into more than one district, McVCIS also requires you to select the district in which the bankruptcy case would have been filed. One way to determine the correct district is to use the Federal Court Finder search tool located online at https://www.uscourts.gov/federal-court-finder/search Simply type in the name of any city and state in the United States to retrieve a list of federal court offices in the district where the city is located.

After selecting the state (and district, if applicable) in which you want to search, McVCIS will prompt you to enter the name, social security or case number of the party whose case youre trying to find. Using a telephone keypad to spell out names can be tedious, but remember that you arent paying a fee for your search.

If McVCIS sounds too cumbersome or you dont know which state or district to search, PACER provides the public with a fee-based option to search for federal court records (including bankruptcy cases) using an internet connection. Once a PACER account is created, you can search a nationwide index of bankruptcy cases, eliminating the need to guess where a filing may have occurred. Copies of the actual court record and filings for every bankruptcy case in the United States are accessible 24 hours a day. If you want detailed information and to read documents filed in a debtors case, PACER is your go-to resource.

To create a PACER account for searching (not filing) purposes, visit https://pacer.uscourts.gov/register-account/pacer-case-search-only. Credit card information is required during registration for immediate access and billing. Fees are calculated based on the number of pages retrieved in each search, with a charge of $0.10 per page, capped at $3.00 per single document. If total charges in a calendar quarter are $30.00 or less, fees are waived for that period. For this reason, infrequent users often pay no fees at all. Documents filed in a case are retrieved in PDF format and can be downloaded to your computer for later review. Users have options to save links to specific cases of interest and to save frequent searches.

So, thats the deal with confirming whether someone has filed a bankruptcy case.

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What's the Deal? Bankruptcy Tips and News | Nexsen Pruet, PLLC - JD Supra

Mens Wearhouse Parent Said to Prepare Imminent Bankruptcy – Bloomberg

A Men's Warehouse Inc. store in San Francisco, California.

Photographer: David Paul Morris/Bloomberg

Photographer: David Paul Morris/Bloomberg

Tailored Brands Inc., the owner of Mens Wearhouse and Jos. A. Bank, is preparing a bankruptcy filing that would shutter 400 to 500 stores after the coronavirus lockdown kept Americas office workers at home and stifled demand for new suits.

The filing, which could come as soon as this weekend, will give the retailer a chance to cut its borrowings and close unprofitable locations, according to people familiar with the matter. The plan calls for asset-based lenders to provide the company with a loan to keep it operating through the court process, the people said. They asked not to be identified discussing a private matter.

The retailers shares dropped 12% to new lows on Friday to about $0.34 as of 10:00 a.m. in New York. Its term loan due 2025 trades at less than 20 cents on the dollar, according to Bloomberg data, while bonds due in 2022 were last quoted around 2 cents, according to Trace.

Tailored Brands said this week it was unlikely to make good on a July 1 missed bond payment and probably would file for bankruptcy during its third fiscal quarter, which starts Aug. 2. Term-loan lenders would see part of their holdings exchanged for equity in a reorganized company, with as much as half the $877 million loan reinstated as take-back paper, according to the people.

A representative for Houston-based Tailored Brands didnt return messages seeking comment. The company, which counted 19,300 employees in last years annual report, is getting advice from restructuring lawyers at Kirkland & Ellis and investment bank PJT Partners.

Tailored Brands would be the latest in a string of retailers that have sought court protection amid the pandemic. Lockdowns have drained revenue, pushing already-struggling companies like J.C. Penney & Co., J. Crew Group Inc. and Neiman Marcus Group Inc. into bankruptcy.

Like those three, Tailored Brands was in a tough spot before the outbreak. Sales have fallen every year since 2016 as Mens Wearhouse and Jos. A. Bank contended with changing consumer tastes and e-commerce rivals.

The coronavirus made things worse by keeping office workers at home, all but eliminating the need for suits and ties. The outbreak also postponed events such as weddings and other celebrations, cutting into sales of formal wear.

Tailored Brands reopened just under half of its roughly 1,445 stores as of June 5, according to a June 10 statement. All of them, as well as e-commerce distribution centers in the U.S. and Canada, were temporarily closed in the first quarter.

Last week the company said Chief Financial Officer Jack Calandra will leave on July 31. His responsibilities will be divided between Chief Executive Officer Dinesh Lathi and Holly Etlin, a managing director at AlixPartners who was recently appointed chief restructuring officer.

(Updates with share price in the third paragraph.)

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This rural Mississippi hospital beat bankruptcy. Can it survive the pandemic? – Clarion Ledger

Rural hospitals in Tennessee, Mississippi and Arkansas were struggling before the pandemic. COVID-19 could push some of them over the financial cliff. Wochit

MAGEE As Gregg Gibbes walked through the doors of his new hospital in April 2019, he faced a frightening yet all-too-possible future: The facility he had been tasked with leading was at risk of shutting down and taking hundreds of jobs with it, and leaving Simpson County without an essential source of medical care.

Magee General Hospital, a nonprofit, 44-bed acute-care facility located midway between Jackson and Hattiesburg, had filed for bankruptcy eight months earlier in a bid by former owners to save the community facility from financial death. The hospital is an economic hub in the area, and an essential source of care both for elderly Simpson County residents who cant make the drive to Jackson and for victims of car accidents on U.S. 49 South.

Gibbes new job was to bring it back to life.

More: Rural hospitals in Mississippi were already on a cliff. Coronavirus could push them over.

Entering as the hospitals new CEO, he was part of a restructured board of directors and a shrewd plan to beat the bankruptcy through sharing staff with a critical-access hospital in Covington County 20 miles to the south.

Opened in 1935, and incorporated in 1942, Magee General Hospital faced bankruptcy in recent years, and pulled itself out of the debt, under the supervision of CEO Greg Gibbes and a Board of Directors, but currently functions with day-to-day cash on-hand during the COVID-19 pandemic.(Photo: Sarah Warnock, Mississippi Center for Investigative Reporting)

This May a little over a year after Gibbes first day at the hospital, and less than two years after the bankruptcy declaration in August 2018Magee General exited its bankruptcy, achieving a feat the likes of which youd be hard pressed to find another rural hospital completing successfully, said Gibbes, who is also CEO of Covington County Hospital.

But now a second storm is ravaging the land. After the pandemic forced Magee General to cut elective care, which six months ago accounted for two-thirds of its revenue, the hospital must confront a pandemic that has been the latest battle for survival for rural hospitals around the country.

To date, Magee General has received the lowest amount of coronavirus-related stimulus money of any acute-care facility in the state, according to the Mississippi Hospital Association and the Department of Health and Human Services.

There have been some days that you cross your fingers, and hope that nobody else declines, said Dr. George Gillespie, Magee Generals head physician.

To navigate Chapter 11 bankruptcy over the past two years, Magee General had to be guided out of a storm of uncompensated care costs, increasingly expensive equipment and shrinking elective care visits common challenges for rural hospitals in the South.

There was a lot to cover in those first few days and weeks, particularly meeting staff and learning their needs, Gibbes said. But I never second-guessed the decision to take over Magee General, nor have I ever second-guessed this hospitals great potential.

Learning to operate on lean budgets is a necessity for rural hospitals survival. Since 2014, five rural hospitals in the state have shut down. A study earlier this year by the Chartis Center for Rural Health named 41 more 64% of Mississippis remaining rural hospitals as either vulnerable or most vulnerable to closure.

Nearly two-thirds of the Mississippi hospitals classified as rural, including Magee General, didnt make a profit in 2017, according to data from the Center for Medicaid and Medicaid Services (CMS), compared to just over a third of urban hospitals.

More: UMMC lays off hundreds amid pandemic. Other hospitals struggling. Now what?

At the heart of rural hospitals financial struggles are uncompensated care costs amounting to hundreds of millions annually. Those woes could have been aided through Medicaid expansion, an option state lawmakers have rejected, despite Mississippi having some of the nations highest death rates for chronic illnesses like diabetes and heart disease.

It was already a challenging time for hospitals before COVID, said Richard Roberson, vice president of Policy and State Advocacy for the Mississippi Hospital Association. Now we've gone from a challenging time to a critical juncture for hospitals in the state of Mississippi, particularly in your rural areas.

After the bankruptcy, we thought we would be able to breathe a little bit

Built during the Great Depression, Magee General Hospital now has 310 staffers, making it Simpson Countys third-largest employer behind Walmart and the Simpson County School District. It annually distributes over $31 million in wages, salaries and benefits, according to Hospital Association data, and has been a favored workplace for generations of residents in the small city.

Pam Wallace manages community relations for Magee General, a role in which she said shes become a go-to person for all kinds of tasks because like anybody in a small rural hospital knows, you wear many hats. One of those tasks is reporting the hospitals positive tests from the day prior to the state health department each morning.

Pam Wallace, an employee of Magee General Hospital in Magee for 20 years and head of Community Relations said of enduring bankruptcy, "When we have had rough times before we always worked together." Opened in 1935 and incorporated in 1942, Magee General Hospital faced bankruptcy in recent years, and pulled itself out of the debt, but currently functions with day-to-day cash on-hand during the COVID-19 pandemic.(Photo: Sarah Warnock, Mississippi Center for Investigative Reporting)

Wallace grew up in Magee and has worked at the hospital since 1997, when she took her first high school job there as a file clerk. Shes a third-generation employee: Her mother was an emergency room technician from 1975 to 2014, and her grandmother was a nursing aid. For Wallace, Magees staff are extended family.

I spend more time here than I do with my real family, she said. Our work environment is a family one, and we just come here to help our community.

While Magee General had faced its share of challenges through her years on staff, Wallace said the bankruptcy, which allowed the hospital to forego debt-service payments as it operated off of elective-care revenue, was particularly hard.

I had people come up to me at church, for example, saying, Oh I heard the hospital is filing bankruptcy and that you're not going to have a job tomorrow, she said. I never batted an eye.

Magee General's successful exit from bankruptcy, which Gibbes and the hospitals board credit to sharing staff with Covington County Hospital, was a victory, but the virus has dimmed what should have been a time of triumph.

After the bankruptcy, we thought we would be able to breathe a little bit, she said. Now, were working in a whole new world.

Coronavirus cases in Simpson County for a while remained low, with 230 cases recorded there as of July 1 a figure that placed its per-capita death and case rates well below the states average for many weeks.

And the viruss early days were quiet at Magee General, Gillespie said. The hospital had begun discussing how to prepare as early as January, and braced itself in March by suspending its radiology, surgery, sleep lab and other outpatient services and converting 30 inpatient rooms to a negative pressure environment for COVID-19 patients.

But its been a different situation since July began, when cases soared in Simpson County and around the state.

Magee General, which as an acute care facility typically sends patients in need of urgent care to Jackson or Hattiesburg, has filled its available beds with COVID patients. In recent days, the count of patients in its coronavirus isolation ward has hovered around 25 (its average daily patient census before the virus was 19).

The Magee, Miss., water tower stands not far from the parking lot at the main entrance to Magee General Hospital. The hospital was incorporated in 1942 and primarily serves Simpson County's rural population.(Photo: Sarah Warnock/Mississippi Center for Investigative Reporting)

I have seen more COVID-positive people coming into the ER with symptoms over the last week or two than I have during the whole pandemic, Gillespie, the doctor, said in an interview during the last week of June.

'It's very devastating': COVID-19 ravages Mississippi Band of Choctaw Indians

Low staff numbers were an issue from the virus onset, Wallace said, particularly among the nursing staff, as some had departed during the bankruptcy in search of what they saw as more stable job opportunities.

"Our staff is tired, and everyone is doing double the work," she said.

The hospital struggled to acquire medical equipment in the virus early days amid a logjam for everyone competing to secure stock from the same national suppliers, Gibbes said. Now, the state has provided Magee General six ventilators, giving doctors extra time to find care in Jackson or Hattiesburg for sicker patients.

"If we happened to have more than one patient start to go south with respiratory difficulties, we can take care of that one patient, Gillespie said. But if another patient starts going down...we're limited in our resources.

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Even as it emerged from bankruptcy on May 29, Magee General was denied a financial lifeline that went to many other rural hospitals as the virus spread.

In April, rural hospitals around Mississippi received $317 million in CARES act rural distribution funds, money that salvaged many hospitals precarious cash-on-hand situations. By the end of May, hospitals statewide had lost $450 million in revenue for the fiscal year due to uncompensated care a figure that doesnt include another $81 million in COVID expenses since the pandemic began, Roberson said.

CARES funding hospitals received in April went towards plugging the drain of already lost revenue before the pandemic struck, he said.

But the federal government considers Magee General part of the Jackson metropolitan area, despite the fact that its almost an hours drive from the capital city. That decision made Magee ineligible for rural hospital funds.

A separate $350,000 CARES payment it received doubled its number of days cash-on-hand, which had wavered between eight and 10 days before the virus hit and elective care was cut. After that cash ran out, Magee was back to operating with single-digit days cash on hand.

How you die in rural Mississippi: The ER was closed. The ambulance wasn't close.

"I think most rural hospitals operate with at least four to five times the amount of cash on hand we did [before COVID-19]," Gibbes said. Our hospital depends on elective care...Weve had no choice but to be lean.

"Being lean involves careful decisions over the years around which equipment gets upgraded: Much of Magee Generals technology infrastructure is 10 years old or older and no longer supported by manufacturers, Gibbes said, and requires diligent maintenance.

A quarter of the 9,000 patients Magee Generals emergency department served last year were uninsured and nearly half its patients were on Medicare numbers nearly three times the national averages, according to census data.

If Mississippi accepted federal offers of Medicaid expansion, Gibbes estimated, Magee General could have $1 million more on hand each year.

"We do not have shareholders or dividends, Gibbes said. Every penny we earn gets reinvested in facilities, equipment and our people.

Opened in 1935 and incorporated in 1942, nonprofit Magee General Hospital faced bankruptcy in recent years, and pulled itself out of debt just to function with day-to-day cash on-hand during the COVID-19 pandemic.(Photo: Sarah Warnock/Mississippi Center for Investigative Reporting)

Gibbes and Bennett Hubbard, the chairman of the hospitals board of directors and a longtime nursing home executive in the town, see Magee Generals partnership with Covington County Hospital as the basis of its emergence from bankruptcy, and a potential way forward for other rural health providers. The two hospitals sharing of administrative staff has helped them keep costs low, and Magee General even upgraded facilities during the bankruptcy, expanding its emergency room last July with the help of donations.

"We wanted desperately to maintain a community hospital that works at a local level, Hubbard said.

More: Mississippi health experts, governor debunk 7 common COVID-19 myths

Gibbes agreed. I think that a lot of people will look at a rural hospital and say it's a matter of time, he said. But if you can be innovative, you can find a way to not just survive but to thrive.

For Magees nurses, doctors and other staff, he said, an ability to weather challenges has kept the hospital afloat, first through bankruptcy, and now through the virus. His staff agree if we can do this, anyone can, Wallace said and add that Gibbes leadership has been another key factor.

"Closing the hospital or losing the hospital in bankruptcy was never an option, Gibbes said. The hospital represents too much to the community to fail, not just in terms of health care but also in terms of economic development. Plain and simple, failure is not an option.

Pulitzer Center(Photo: Submitted/Special to Clarion Ledger)

The Poverty & the Pandemic is a continuing series from the Mississippi Center for Investigative Reporting and the Pulitzer Center that captures the stories of people and places hit hardest by the nations worst pandemic in a century.

James Finn is an investigative reporter for MCIR, a nonprofit news organization. Email him at James.Finn.MCIR@gmail.com.

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This rural Mississippi hospital beat bankruptcy. Can it survive the pandemic? - Clarion Ledger

Kentucky Bankruptcies Dropped Last Quarter. Its The Calm Before The Storm – 89.3 WFPL News Louisville

The U.S. economy shrank by 33% from April to June, the worst quarterly plunge ever.

Yet, in Kentucky, bankruptcy filings actually dropped.

There were 34% fewer bankruptcy petitions from the first to the second quarter of 2020, according to new data from the Administrative Office of the U.S. Courts. The filings were also down more than a third when compared to the same period last year.

If that sounds like good news, experts warn the worst is yet to come. As the COVID-19 pandemic forces millions of Americans out of work and into debt, some Kentuckians are scraping by on unemployment insurance. Others might be waiting for their situation to bottom out before filing bankruptcy.

Weve got a tidal wave of bankruptcies coming, said Peter Brackney, a bankruptcy attorney in Lexington. The waters often recede before the wave comes in.

There are likely many reasons for the bankruptcy downturn. As the pandemic drags on for months longer than first anticipated, indebted consumers and business owners might be awaiting their financial nadir before petitioning a court for a discharge, or release from certain debts. Some debtors might be waiting for their employment situation to straighten out before entering bankruptcy proceedings. Others might be hoping for further relief from policymakers such as student loan debt forgiveness, considered a hail mary.

Some experts credited the governments emergency relief measures for mitigating the worst of the economic fallout. The centerpiece of the federal response was the $2.2 trillion CARES Act, which included the $669-billion Paycheck Protection Program, stimulus payments, forbearances on mortgages and student loans, and expanded unemployment benefits. A state moratorium on evictions has also staved off personal disaster for thousands of Kentuckians.

But relief measures arent expected to be permanent, and financial calamity continues to threaten those unable to make ends meet.

Steve Vidmer, a bankruptcy attorney in Murray, saw a clear lag in bankruptcy filings after Mattel closed its local Fisher-Price toys plant in 2002. Nearly 1,000 employees were laid off.

Here I assumed the floodgate was opened, Vidmer recalled. But it took a long time before people realized they might need to file for bankruptcy. Sometimes its not until months or years later that they realize theyre in a pickle they cant get out of.

Since April, bankruptcy filings are trending upward, if slowly. In April, there were 809 bankruptcy petitions filed in Kentucky; in June, there were 948.

Still, Junes filing total was 24% lower than June of last year. Meanwhile, theres some evidence consumer debts are getting worse. Americans will rack up an estimated $80 billion in new credit card debt in 2020, a roughly 8% increase, according to an analysis from WalletHub.

The debt is there, but people havent paid the consequences yet, said Ed Flynn, a consultant with the American Bankruptcy Institute. After unemployment benefits expire and after foreclosures pick up again, he predicts bankruptcy filings will really go through the roof.

The typical debtor is not very high income, in Kentucky or anywhere else, Flynn said. It may take a year to really play out, but at some point, people are really going to feel the pain.

Graham Ambrose is an investigative reporter covering social services and youth issues. He is a Report for America Corps member. Contact him at gambrose@kycir.org.

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Kentucky Bankruptcies Dropped Last Quarter. Its The Calm Before The Storm - 89.3 WFPL News Louisville

Analysis: Cities hit hard by the COVID-19 pandemic face bankruptcy – PBS NewsHour

U.S. cities are fast running out of cash.

The pandemic will reduce local government revenues by an estimated US$11.6 billion in 2020. With COVID-19 requiring residents to stay home and stores to shutter, the bulk of this reduction comes from a slump in local sales taxes. Declines will continue into 2021.

State revenues are heading in the same direction, so many U.S. cities will need to rely on help from the federal government. Aid to cities may be part of the next pandemic aid package now being discussed by members of the House and Senate. But so far, the Republicans bill leaves out any new funding for state and local governments, while the Democrats bill includes $1 trillion for it.

And if federal assistance arrives, it will not fix every citys budget.

The pandemic has hit budgets so hard that even cities in relatively good financial health including those with rainy day funds to help them through an emergency will face significant changes to staffing and services.

For cities in the poorest shape, the pandemic could mean bankruptcy.

The Northern California city of Vallejo declared bankruptcy in 2008. Luis Sinco/Los Angeles Times via Getty Images

Bankruptcy is a legal process where people, companies and governments who cannot pay their debts seek to reduce them.

Which debts get paid during a bankruptcy are important decisions. They involve how comfortable a city employees retirement might be, the level of health insurance for pensioners and workers, the extent of labor protections for employees and the future cost of borrowing for a city.

City bankruptcy was created by Congress after the Great Depression, in response to 4,770 different units of city government going belly up. Twenty-seven states now allow their cities to file for bankruptcy.

Those states that do not allow city bankruptcy Georgia and Iowa explicitly prohibit filing, with the other 21 states having no specific allowance or prohibition manage the problem of city indebtedness in various ways, ranging from strict budget oversight to the disbanding of heavily indebted cities. Since 1938, city bankruptcy has been used around 700 times.

A citys bankruptcy differs from corporate bankruptcy in that it does not allow for the liquidation of assets. For cities, bankruptcy is used to reduce debts, not sell off things such as public roads and buildings to pay off debts. The bankruptcy judges role is to determine whether the proposed reduction is fair to all people the city owes money to, which may include workers, pensioners, bankers, suppliers and investors.

But bankruptcies can look different in different cities.

We are scholars who research changes in how cities go about budgeting. Our work has showed that the city bankruptcies that followed the Great Recession of 2007 and 2008 were not uniform.

If you were in a big city, your government owed money to lots of people. The converse was true in small cities. As the number of participants in a bankruptcy increases, the task of deciding how much different creditors should get repaid becomes more complicated.

Westfall Township, Pennsylvania, home to about 2,000 people, declared bankruptcy in 2009 after losing a lawsuit to New Jersey real estate developers David and Barbara Katz. Courts ruled that the city owed the Katzes $20.8 million after improperly denying them permission to develop projects in the township.

With annual revenues of just $1 million, Westfall had few options but to file for bankruptcy.

Resolving Westfalls bankruptcy meant reaching a new agreement with the Katzes. The bankruptcy court approved a $6 million settlement with the developers and gave Westfall 20 years to pay. The city would also raise property taxes and delay the repayment of other debts. By 2014, Westfalls budget had recovered enough for Pennsylvania to remove it from its list of distressed cities.

Bankruptcy proceedings were more complicated in Vallejo, California, which is on the northern end of San Francisco Bay. Vallejo, population 120,000, had a 2008-2009 budget of $79.6 million. In 2008, the city lost around one-quarter of its revenues as local sales taxes and real estate development fees collapsed. Vallejo suddenly found itself unable to pay all of its bills.

The City Council voted unanimously to file for bankruptcy.

In its bankruptcy filing, the city estimated it had between 1,000 and 5,000 creditors. The most contentious part of the bankruptcy concerned the citys obligations to its own unionized employees. Vallejo argued that its bankruptcy should include the option of reducing employee wages and benefits, and changing working conditions, if necessary, without union consent.

The judge agreed and, in doing so, expanded what types of debt could be reduced in bankruptcy. This was, and remains, controversial. Although unions have pushed back, later bankruptcies have confirmed the courts decision.

Vallejo ultimately chose not to impose new employment contracts on most of its employees.

That decision helped Vallejo avoid costly legal battles but the citys main expenditures, wages and pensions, remained largely unaltered. The city emerged out of bankruptcy solvent but struggling. Filing for bankruptcy ended up costing Vallejo over $20 million in court and legal fees.

Vallejos bankruptcy foreshadowed an even more complex one in Detroit, where revenue decline and failed Wall Street bets left the city unable to balance its budget.

Detroit listed 100,000 creditors in its 2013 bankruptcy filing, totaling $18.5 billion in debts. Like Vallejo, Detroit would have to decide which creditors to stiff, effectively asking them to pay for the citys budget failures.

Detroits biggest debt during bankruptcy was to its pension holders. Bill Pugliano/Getty Images

The eventual settlement would reduce Detroits debts by $7 billion, mostly by slashing the amount of borrowed money the city would have to repay to banks and investors.

But no creditor would walk away unscathed. Wages, pensions and health care for city employees were all cut. The city also entered into a complex Grand Bargain brokered by local philanthropists with the state of Michigan and pension holders that helped settle the citys largest debt, which was to pensioners, while keeping in the city its one major asset, the Detroit Institute of Arts collection.

The administrative and legal costs of the Detroit bankruptcy came in at around $100 million.

The bigger the city, the more complicated and expensive the bankruptcy. More creditors means more lawyers making competing claims on the citys dwindling revenues.

It also makes the process of picking winners and losers more complex and something that can involve testing the limits of bankruptcy law. When these limits expand, just what going bust means can change dramatically. Things that once seemed untouchable, like pensions, can become vulnerable in bankruptcy courts.

With many budgets in tatters, the prospect of growing numbers of city bankruptcies looms. Distressed cities will have to figure out what the process means for them.

It is rarely possible to predict what any city will decide. With any part of a citys operations including salaries, pensions, road repairs, borrowing, park maintenance, policing, libraries potentially fair game, everyone involved faces great uncertainty. There is no single, predictable path through city bankruptcy.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Analysis: Cities hit hard by the COVID-19 pandemic face bankruptcy - PBS NewsHour

Denbury Files for Bankruptcy With a Plan to Slash Debt – Journal of Petroleum Technology

Denbury Resources has filed for bankruptcy protection as part of a deal with creditors to cut its total debt by nearly 90%.

The oil company which specializes in enhanced oil recovery in the US is planning for a quick trip through the process with a timeline that could allow it to complete the process this year.

At the time of the filing on 30 July, the deal to reduce its debt by $2.1 billion in exchange for shares and warrants had the support of more than two-thirds of its creditors, Denbury said in its release.

The company produces more than 21,000 BOPD from old fields using CO2 injection, but the debt associated with the cost of expanding its CO2 production, pipelines, and projects exceeded what it could pay. This years COVID-19-driven oil-price crash forced the company to begin working toward a major debt reduction, after working for years to whittle down what it owed.

Even after taking these steps, it became apparent that a comprehensive financial restructuring would be necessary to address our legacy debt burden and create a clear path forward for the company, said Chris Kendall, Denburys president and chief executive officer.

Denburys biggest operations are focused on the Gulf Coast and include a pipeline which allows it to buy carbon dioxide from plants in Louisiana and Texas. Source: Denbury Resources

Denbury is not a good case study for those trying to predict how a spate of other oil companies filing for bankruptcy will fare. It is a unique businessthe only publicly traded company in the US whose business is focused on producing, delivering, and managing CO2-injection EOR projects, Denbury said.

Its production outlook is the opposite of the shale produces filing for bankruptcy whose business is built on short-lived, fast-declining wells. It revives old, conventional fields with CO2 injections, and the slowly declining fields can produce for years to come.

This business model required large upfront investments in CO2 field development and pipelines to supply its operations.

It also buys 3 million tons of CO2 a year, exceeding the carbon emissions from its operations. It plans to be completely carbon neutralincluding the emissions of the oil it sells by 2030, according to its disclosure statement.

The agreement will eliminate its $2.1 billion in bond debt. Those creditors will receive stock and warrants but buy the shares at a set price. The amounts will vary depending on the class of creditor.

Denbury will be able to borrow up to $615 million from its bank lenders, who are paid in full.

Shareholders will receive warrants valued at $2.5 million if equity holders as a group vote to support the plan.

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Denbury Files for Bankruptcy With a Plan to Slash Debt - Journal of Petroleum Technology

Bankruptcy Proceedings In Thailand: An Updated Overview – Insolvency/Bankruptcy/Re-structuring – Thailand – Mondaq News Alerts

Updated on 16th March2020

In the previous edition of the overviewon Thailand's approach to bankruptcy, we covered how partiespetition for bankruptcy proceedings, the processes involved,alternatives available to parties, as well as the way in which oneis discharged from the proceedings. As a result of the economicdifficulties faced in the Kingdom due to the spread of COVID-19,among other things, we have decided to revisit the topic to provideadditional insight into Thailand's bankruptcyproceedings.

As previously mentioned, Thai proceedings are highly complexwith several procedures and conditions that need to be met in orderto come to a successful conclusion. Thailand's bankruptcy lawis modeled after that of the United States, which providesrestructuring proceedings that requires a specialized bankruptcycourt to preside over matters pertaining to bankruptcy andinsolvency. Under Thai law, bankruptcy is defined as a state inwhich the court permits the distribution of assets that belong to adebtor among their creditors within the parameters of the law.

Generally speaking, Thai bankruptcy law makes a distinctionbetween claims filed by secured and unsecured creditors, where theformer takes priority after labor obligations. This means that whenproceeds from the disposal of assets in a bankrupt estate do notsufficiently satisfy the claims of all creditors, the court willprioritize outstanding payments for employees followed by claimsmade by secured creditors; claims made by unsecured creditors willthen be resolved after the aforementioned. Special rules, however,are applied to claimants that are considered companies orcorporations.

Assets are generally considered to include fixed assets,machinery, accounts receivable, and financial assets.

According to Thailand's Bankruptcy Act, a debtor will bepresumed insolvent if a creditor files a suit against them forclaims reaching more than THB 2 million for debtors that areconsidered companies or business entities. The Act also stipulatesother grounds for insolvency, including any attempt by the debtorto avoid paying their debt, transferring the rights to manage theirassets, or simply declaring their insolvency to the court. If anyof these conditions are satisfied, the court will allow thebankruptcy proceedings to take place.

Alternatively, corporate entities such as private companies orpartnerships can also be considered insolvent if their sharecapital has been fully spent or if their assets are less than theirliabilities. However, the court maintains that claims must be adefinite amount, and not an approximate number.

Once the court has accepted the proceedings and issued an orderfor absolute receivership, neither the debtor nor the creditor canpetition the court for restructuring. The court will assign anadministrator, also known as an official receiver, who will assumethe responsibility of managing the debtor's affairs,specifically those concerned with the collection of cash, property,or any other assets that may be used to pay back their debts. Oncethe administrator seizes control of the debtor's assets, anorder must be made publicly in the Royal Thai Gazette and onewidely circulated newspaper for creditors to be made aware ofdebtor's insolvency. Local creditors will then be given twomonths following the date of publication while those residingoutside of Thailand will be given four months to submit proof tothe administrator that they are among the estate'screditors.

Prior to the court's adjudication of bankruptcy proceedings,it is also possible to undertake a process called composition inorder to avoid the long and protracted process. A composition takesplace when a debtor expresses in writing their wish to settle theirdebt, either partially or in any other manner, within seven days ofsubmitting their explanation of matters related to the bankruptcyor during a time period prescribed by the receiver. After theproposal for a composition has been submitted, the administratorwill then call for a meeting among creditors to consider whether ornot to accept the proposal. If the proposal is accepted, the courtwill approve the composition in order to legally execute it;however, it will only do so if the proposal highlights provisionsfor the repayment of debts.

After the bankruptcy proceedings, it is also possible for adebtor to propose a composition following the court'sadjudication of bankruptcy. However, if they had a previouscomposition agreement that was unsuccessful, they will not beallowed to file for another one within three months from the dateof the previous composition. Successfully pursuing a compositionwill act as a termination of the bankruptcy and return control tothe debtor to manage their debts.

If the debtor is a juristic person, they can likewise opt toundergo restructuring, but only if they choose to do so prior tothe court issuing an order for absolute receivership. This takesplace under the supervision of a court-appointed planner who willoversee the creation of a restructuring plan that will be approvedby the creditors. For companies, this means that they are able tocontinue business operations, and hopefully trade themselves out oftheir position, so creditors can profit from these activities in away that is more beneficial than if the company were to beliquidated.

Debtors should take note, however, that according to Section 60of the Bankruptcy Act, if they fail to meet their obligations undera composition, the court will automatically declare the debtorbankrupt.

A bankrupt debtor can be discharged either by an order of thecourt or by automatic discharge. A court-ordered discharge can bepursued by filing a motion to the court requesting for an order ofdischarge which is usually granted if a minimum of 50% of theassets have been liquidated to pay off creditors. Discharge willnot be granted if the debtor is considered dishonest, which ispresumed if the debtor continues to conduct business in theknowledge that they are unable to pay their creditors, engages inembezzlement, or gives preference to a particular creditor. Inspite of being discharged, however, a debtor will still beobligated to work towards the distribution of their assets tocreditors, and the court may withdraw the discharge if it deemsthat the debtor is not contributing towards repayment.

Individual debtors can also be discharged automatically frombankruptcy after three years following the court's judgement,although this can be extended to five years if the debtor has beenpreviously bankrupt within five years of their current bankruptcy.The automatic discharge period can also be extended to 10 years ifthe debtor engages in unscrupulous activities.

A discharge from bankruptcy, either by court order or viastatute of limitations, will be published in the Royal Thai Gazetteand one daily newspaper. It should be noted that discharge does notabsolve the debtor from tax liabilities or debts that result fromdishonest or fraudulent activities.

Undergoing bankruptcy proceedings can be a complex affair forindividuals, particularly for foreign nationals, given thecomplexity of the matter. It is therefore crucial for individualsinvolved in bankruptcy proceedings to seek assistance fromspecialized law firms such as Silk Legal to ensure allprerequisites and procedures are pursued correctly.

Originally published March 16, 2020

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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Bankruptcy Proceedings In Thailand: An Updated Overview - Insolvency/Bankruptcy/Re-structuring - Thailand - Mondaq News Alerts

Weinstein Wants Bankruptcy Court to Take Over Rejected Sexual Misconduct Settlement – Hollywood Reporter

Weinstein's legal team says his accusers face "an uncertain financial recovery" without a global settlement, but an attorney for one of the women suing who's him for sexual assault says the reworked agreement put before the bankruptcy court is "the same lousy deal" that a New York federal judge rejected.

After a New York federal judge blasted a proposed settlement that sought to resolve a host of legal claims brought by women who accuse Harvey Weinstein of varying levels of sexual misconduct, his legal team is taking a shot at getting a revised plan approved this time in bankruptcy court.

The original proposed settlement, which prompted swift backlash from accusers, included: an $18.875 million victims' fund to be paid by insurance companies; no admission of wrongdoing by any of the defendants; a defense fund to cover costs of defending suits from accusers who don't participate in the settlement; a perpetual release of claims against the defendants, who include Harvey Weinstein, TWC board members and execs and Bob Weinstein; and a provision that bars New York Attorney General Letitia James' office from prosecuting any related action.

U.S. District Judge Alvin K. Hellerstein during a July 14 hearingrejected the proposed settlement, calling it "obnoxious" and questioning whether the claims were even appropriate for class action. On Friday, he followed up with a written opinion.

In addition to finding that the proposed class is both too broad (potentially including women who weren't injured by Weinstein) and too narrow (potentially excluding women who were injured), he takes major issue with the fairness of the financial structure of the deal, including that it's impossible to calculate how much the women would receive because there are too many unknown variables.

"The Bankruptcy Agreement proposes major deductions from the amounts that otherwise would be available to claimants: $13,716,000 to defray the litigation costs of the TWC officers and directors, and $1,500,000 to defray the litigation costs of the Weinstein Brothers," writes Hellerstein. "At the preliminary approval hearing, I observed that favoring these groups at the expense of the people suffering sexual abuse by Harvey Weinstein was 'obnoxious.' I continue to hold to that view. Furthermore, I cannot fully assess the numerous factors related to the size of the potential awards because the proposed class is too indefinite, and the parties' proposed process gives insufficient clarity regarding how funds would be allocated."

Now, attorneys for TWC's estate want to take a revised plan directly to federal bankruptcy court judge Mary F. Walrath and remove Hellerstein from the equation.

"The revised framework provides that, in lieu of class action treatment of the sexual misconduct claims, such claims will be placed into a single class in a chapter 11 plan of liquidation and administered in much the same way that many other mass tort cases are handled in bankruptcy cases without the need for a certified class in a class action lawsuit," states the filing. "While this is not the appropriate pleading to describe the full terms of the Revised Plan, for present purposes it is important to note two things about it: first, under the Revised Plan, releases will be granted in favor of Harvey Weinstein only on an affirmative opt-in basis; and second, the global settlement embodied in the Revised Plan will be implemented solely through the Bankruptcy Court-supervised plan process, with no further involvement of the District Court in the pending class action."

Douglas H. Wigdor and Kevin Mintzer, who represent several women with claims against Weinstein and have been vocal critics of the settlement, issued a statement Tuesday in response to the filing. "It appears that Harvey and Robert Weinstein, their insurers and corporate enablers are so desperate to secure the deal that Judge Hellerstein immediately rejected as 'obnoxious' that they are now going to ask the bankruptcy court to approve what Judge Hellerstein would not," the statement reads. "This conduct is downright offensive and the New York Attorney General should immediately make it clear that she will refuse to endorse this end-around scheme."

Two of their clients, Dominique Huett and Wedil David, on July 21 filed a motion to convert TWC's chapter 11 bankruptcy to a chapter 7, which would liquidate the remaining assets. According to their motion, it would also allow "tort victims [to] seek relief from the automatic stay to prosecute their claims, have their day in court before a jury, and pursue recoveries against insurance proceeds."

Weinstein's filing asks the court to hold off ruling on that motion to give them time to hammer out the finer points of a new deal. The hearing is currently scheduled for Aug. 4, and they think they can work out the details of the revised plan by Aug. 31.

"This is a case where all parties to the settlement are continuing to engage in good faith discussions and are working feverishly to develop a mutually acceptable alternative path to consummate the global settlement," states the filing, which is posted below. "This should not be a case where two individual sexual harassment victims pursuing their own agenda should be permitted to hijack the process and deny all other stakeholders, including dozens of sexual harassment victims, an opportunity to settle and develop an alternative plan with wide support, including from the Committee that owes fiduciary duties to all unsecured creditors."

In a statement to The Hollywood Reporter, Weinstein's lawyer Imran H. Ansari of Aidala Bertuna & Kamin defended the agreement. "While there are those who continue to rail against the settlement, the practical reality is that outside the settlement the plaintiffs face an uncertain financial recovery, with The Weinstein Company bankrupt, and Mr. Weinstein incarcerated and defending legal matters, facing debt and judgments, frozen assets, and a line of creditors looking for compensation," Ansari said. "Mr. Weinstein's current and future financial state is far from healthy, not only has his personal liberty been taken from him, but his financial liberty as well. Those yelling loudly seem to ignore that many parties want this settlement to succeed, importantly, it is not just the Weinstein defendants, but the plaintiffs themselves, who likely recognize that it is the route to a realistic recovery."

Thomas Giuffra, the attorney for former TWC employee Alexandra Canosa who's suing Weinstein for sexual assault, also sent THR a statement in response to the filing.

"After being thwarted by Judge Hellerstein who recognized the 'global' settlement was a phony class and a settlement which was unfair to the survivors, the class action lawyers, NYAG and the insurance companies are trying to do an end run to try to force this obnoxious and unfair settlement through the bankruptcy court," said Giuffra. "They are repackaging the same lousy deal to try a second time to get judicial approval. I suspect the bankruptcy court will recognize this shameful scam for what it is and prevent a grave injustice from occurring. It is so obvious that the class action lawyers have no interest in actually litigating these cases. But are only concerned with chasing a payday at all costs. I am appalled that AG James who claims to be an advocate for women would continue to put the power of her office behind a deal which is abusive to the rights of the survivors and puts money in the hands of a convicted rapist. I cannot say that I am surprised by this. It is what I would expect of these self-interested money grabbers."

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Weinstein Wants Bankruptcy Court to Take Over Rejected Sexual Misconduct Settlement - Hollywood Reporter

A flood of business bankruptcies hit Houston and even more are on the way – Houston Chronicle

More Texas corporations filed for bankruptcy during the first half of 2020 than in any six-month period in the states history, and Houston has been hit hardest.

The number of businesses that filed to restructure between Jan. 1 and June 30 in the Southern District of Texas, which includes Houston, more than tripled from a year earlier, according to data from Androvett Legal Media research.

The data show that two bankruptcy judges in the Southern District of Texas have handled more complex commercial restructurings of large companies than any other federal district in the country.

On HoustonChronicle.com: Judge gives BJ Services a week to find bankruptcy alternative

The predicted wave of business bankruptcies is now hitting Texas full force, and legal experts suggested that just as many companies are likely to declare bankruptcy during the second half of this year because of the COVID-19 pandemic and the historically low oil and gas prices.

We are still in the early onslaught of this wave, said Munsch Hardt shareholder Kevin Lippman.

The uniqueness about this bankruptcy wave is the breadth of it, he said. It is hitting every business sector - energy, retail, hospitality, real estate, airlines. And it is hitting everywhere - it is not isolated to one or two regions of the country.

There were 815 companies that filed for bankruptcy protection in the federal courts of Texas during the first half of this year, which is 236 - or 40 percent - more than in the first six months of 2009, the heart of the Great Recession, according to the Androvett data.

While all parts of Texas are experiencing economic pain for businesses, no region is being hit harder than Houston.

The Androvett data shows that 602 companies filed for protection under Chapter 11 of the U.S. Bankruptcy Code in the Southern District of Texas in the first six months of the year - a 234 percent increase from the 180 filings during the second half of 2019.

On HoustonChronicle.com: Energy company bankruptcies surge in 2nd quarter

By contrast, business bankruptcies in the Western District of Texas, which includes Austin, San Antonio and El Paso, jumped 33 percent in the period compared to the year earlier. Corporate restructurings in the Northern District, which includes Dallas/Fort Worth, witnessed a 19 percent increase in corporate Chapter 11 filings during the first half of this year versus the final six months of 2019.

There are still a lot of bankruptcies to be filed, said Hunton Andrews Kurth bankruptcy partner Tad Davidson of Houston.

On oil and gas upstream, I think we are in the middle of the bankruptcy wave. There are more restructurings in the pipeline, said Davidson, who is advising Sable Permian Resources in its multibillion-dollar restructuring.

Southern District Chief Judge David Jones of Houston said SDTX, as it is known in legal circles, has more complex corporate restructurings of $300 million or more than any other federal district in the nation.

The goal was never to be busier than other districts, the judge said. The goal was to develop a bankruptcy court that I always wanted when I practiced law. It is about the case and not about the judge. And to have a bankruptcy court that is accessible and predictable.

Alfredo Perez, a bankruptcy and restructuring partner at Weil, Gotshal & Manges in Houston, said the hard work of Jones and fellow bankruptcy Judge Marvin Isgur is the reason the Southern District is now one of the favored courts in the U.S. for large corporate restructurings.

Both judges have strong business and energy industry backgrounds, and they understand how businesses operate, Perez said.

Texas Inc.: Get the best of business news sent directly to your inbox

The bankruptcy judges in the Southern District, led by Chief Judge Jones, issued new rules and procedures in 2015 for complex corporate restructurings that nearly all experts believe are more accessible and predictable for debtors.

It worked.

The 602 corporate bankruptcy filings in the Southern District is nearly three times as much as filed in the three other Texas districts combined. Even so, SDTX actually ranks second in total business bankruptcies filed in the U.S. so far in 2020, according to the Androvett data.

Delaware, which is where so many businesses across the U.S. are officially incorporated, ranks No. 1 with 787 Chapter 11 filings so far this year. The Southern District of New York is third with 456 corporate restructurings during the first half of 2020.

These two judges are incredible, but they are handling such a large number of cases, Winikka said. If the rate of increase continues at this pace, there is going to be a backlog. It is going to be an issue.

Jones said there is no reason for concern at this point.

I dont know how close we are to capacity, he said. We have not pushed our limits at all so far. Whether it takes 10 or 20 more cases each for us to reach our limit, I just dont know.

For a longer version of this article, please visit TexasLawbook.net

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A flood of business bankruptcies hit Houston and even more are on the way - Houston Chronicle

J.C. Penney looks to sell company in bankruptcy to avoid liquidation – USA TODAY

J.C. Penney has filed for bankruptcy and is closing their doors after being around for almost 120 years. So why does it hurt to see them go? USA TODAY

J.C. Penney is looking to go forward with a sale of the business to avoid a brush with liquidation.

The retailer's attorney, Joshua SussbergofKirkland& Ellis, saidduring a bankruptcy court hearing Wednesdaythat the sale should be completed by the fall under an expedited process and rebuffed rumors of a liquidation of the entire chain.

"We have had not one discussion with our lenders or any other stakeholders about a liquidation. That is simply not in the cards," Sussberg said.

The retailer filed for Chapter 11 bankruptcy in mid-May with846 stores and 85,000employees at the time of the filing.J.C. Penney has said it hopes to emerge from bankruptcy with about 600 stores and has begun liquidation sales at around 150 stores.(See the latest list here.)

Thanksgiving Day 2020 store closures: Holiday shopping is changing amid COVID-19 pandemic with Best Buy, Kohl's, Walmart, Target closed Thanksgiving

New York & Company store closings: All stores to close in bankruptcy, going-out-of-business liquidation sales now underway

Before the COVID-19 pandemic, J.C. Penney was already dealing with declining sales amid digital competition, sizable debt andfalling foot traffic to shopping malls. The pandemic forced the retailer to temporarily close all of its locations, cratering sales and triggeringthe bankruptcy filing in May.

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All stores have reopened but Sussberg said the company's 173 off-mall locations continue to perform better than the 520 mall locations since reopening.

In mid-July, the company received an extension from certain lenders until July 31 to secure their approval for a business plan to restructure its operations in Chapter 11 bankruptcy and announced plans to cut 1,000 jobs.

Sussberg said Wednesday there are three separate bids being considered for sale of the company's real estate and other assets. He did not name the bidders and called the proposals confidential.He said they were actively in negotiations ahead of the Friday deadline.

During the hearing, Sussberg lambasted an article published earlier this week by The New York Post that reported a $1.75 billion bid by private equity firm Sycamore Partners to buy J.C. Penney and merge with another struggling chain Belk Inc. Sussberg called the report ill-informed."

We are moving forward with a sales process," Sussberg said. We are hopeful."

A spokesperson at Sycamore Partners declined to comment.

The coronavirus has deepened the ongoing troubles for department stores, which have had a difficult time adjusting to the rise of digital threats and nimble physical competitors that offer affordablefast-fashion apparel.

As many as25,000 stores could shutter this yearas businesses continue to feel the impacts of the pandemic, according to a recent report from Coresight Research.

Ascena Retail Group,Brooks Brothers,Lucky Brand, J.C. Penney,Neiman Marcus,Sur La TableandJ. Crew have all filed for Chapter 11 since May.

Other retailers that haven't filed for bankruptcyalso plan to shutter locations, includingVictoria's Secret,NordstromandSignet Jewelers, parent company ofKay, Zales and Jared. Tailored Brands, parent company of Men's Wearhouse, said it will close up to 500 stores.

Bankruptcy is designed to give struggling companies a second chance, so J.C. Penney could survive as a smaller, nimbler retailer with financial sustainability.

Call shopping malls survive?: Coronavirus pandemic calls experiential model into question

Contributing: Nathan Bomey, USA TODAY; Associated Press

Follow USA TODAY reporter Kelly Tyko on Twitter:@KellyTyko

Read or Share this story: https://www.usatoday.com/story/money/2020/07/29/jcpenney-store-closings-2020-chapter-11-bankruptcy/5536947002/

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J.C. Penney looks to sell company in bankruptcy to avoid liquidation - USA TODAY

Harvey Weinstein Wants Bankruptcy Court to Take Over Rejected Sexual Misconduct Settlement – Billboard

After a New York federal judge blasted a proposed settlement that sought to resolve a host of legal claims brought by women who accuse Harvey Weinstein of varying levels of sexual misconduct, his legal team is taking a shot at getting a revised plan approved this time in bankruptcy court.

The original proposed settlement, which prompted swift backlash from accusers, included: an $18.875 million victims' fund to be paid by insurance companies; no admission of wrongdoing by any of the defendants; a defense fund to cover costs of defending suits from accusers who don't participate in the settlement; a perpetual release of claims against the defendants, who include Harvey Weinstein, TWC board members and execs and Bob Weinstein; and a provision that bars New York Attorney General Letitia James' office from prosecuting any related action.

U.S. District Judge Alvin K. Hellerstein during a July 14 hearing rejected the proposed settlement, calling it "obnoxious" and questioning whether the claims were even appropriate for class action. On Friday, he followed up with a written opinion.

In addition to finding that the proposed class is both too broad (potentially including women who weren't injured by Weinstein) and too narrow (potentially excluding women who were injured), he takes major issue with the fairness of the financial structure of the deal, including that it's impossible to calculate how much the women would receive because there are too many unknown variables.

"The Bankruptcy Agreement proposes major deductions from the amounts that otherwise would be available to claimants: $13,716,000 to defray the litigation costs of the TWC officers and directors, and $1,500,000 to defray the litigation costs of the Weinstein Brothers," writes Hellerstein. "At the preliminary approval hearing, I observed that favoring these groups at the expense of the people suffering sexual abuse by Harvey Weinstein was 'obnoxious.' I continue to hold to that view. Furthermore, I cannot fully assess the numerous factors related to the size of the potential awards because the proposed class is too indefinite, and the parties proposed process gives insufficient clarity regarding how funds would be allocated."

Now, attorneys for TWC's estate want to take a revised plan directly to federal bankruptcy court judge Mary F. Walrath and remove Hellerstein from the equation.

"The revised framework provides that, in lieu of class action treatment of the sexual misconduct claims, such claims will be placed into a single class in a chapter 11 plan of liquidation and administered in much the same way that many other mass tort cases are handled in bankruptcy cases without the need for a certified class in a class action lawsuit," states the filing. "While this is not the appropriate pleading to describe the full terms of the Revised Plan, for present purposes it is important to note two things about it: first, under the Revised Plan, releases will be granted in favor of Harvey Weinstein only on an affirmative opt-in basis; and second, the global settlement embodied in the Revised Plan will be implemented solely through the Bankruptcy Court-supervised plan process, with no further involvement of the District Court in the pending class action."

Douglas H. Wigdor and Kevin Mintzer, who represent several women with claims against Weinstein and have been vocal critics of the settlement, issued a statement Tuesday in response to the filing. "It appears that Harvey and Robert Weinstein, their insurers and corporate enablers are so desperate to secure the deal that Judge Hellerstein immediately rejected as 'obnoxious' that they are now going to ask the bankruptcy court to approve what Judge Hellerstein would not," the statement reads. "This conduct is downright offensive and the New York Attorney General should immediately make it clear that she will refuse to endorse this end-around scheme."

Two of their clients, Dominique Huett and Wedil David, on July 21 filed a motion to convert TWC's chapter 11 bankruptcy to a chapter 7, which would liquidate the remaining assets. According to their motion, it would also allow "tort victims [to] seek relief from the automatic stay to prosecute their claims, have their day in court before a jury, and pursue recoveries against insurance proceeds."

Weinstein's filing asks the court to hold off ruling on that motion to give them time to hammer out the finer points of a new deal. The hearing is currently scheduled for August 4, and they think they can work out the details of the revised plan by August 31.

"This is a case where all parties to the settlement are continuing to engage in good faith discussions and are working feverishly to develop a mutually acceptable alternative path to consummate the global settlement," states the filing, which is posted below. "This should not be a case where two individual sexual harassment victims pursuing their own agenda should be permitted to hijack the process and deny all other stakeholders, including dozens of sexual harassment victims, an opportunity to settle and develop an alternative plan with wide support, including from the Committee that owes fiduciary duties to all unsecured creditors."

In a statement to The Hollywood Reporter, Weinstein's lawyer Imran H. Ansari of Aidala Bertuna & Kamin defended the agreement. "While there are those who continue to rail against the settlement, the practical reality is that outside the settlement the plaintiffs face an uncertain financial recovery, with The Weinstein Company bankrupt, and Mr. Weinstein incarcerated and defending legal matters, facing debt and judgments, frozen assets, and a line of creditors looking for compensation," Ansari said. "Mr. Weinsteins current and future financial state is far from healthy, not only has his personal liberty been taken from him, but his financial liberty as well. Those yelling loudly seem to ignore that many parties want this settlement to succeed, importantly, it is not just the Weinstein defendants, but the plaintiffs themselves, who likely recognize that it is the route to a realistic recovery."

Thomas Giuffra, the attorney for former TWC employee Alexandra Canosa who's suing Weinstein for sexual assault, also sent THR a statement in response to the filing.

"After being thwarted by Judge Hellerstein who recognized the 'global' settlement was a phony class and a settlement which was unfair to the survivors, the class action lawyers, NYAG and the insurance companies are trying to do an end run to try to force this obnoxious and unfair settlement through the bankruptcy court," said Giuffra. "They are repackaging the same lousy deal to try a second time to get judicial approval. I suspect the bankruptcy court will recognize this shameful scam for what it is and prevent a grave injustice from occurring. It is so obvious that the class action lawyers have no interest in actually litigating these cases. But are only concerned with chasing a payday at all costs. I am appalled that AG James who claims to be an advocate for women would continue to put the power of her office behind a deal which is abusive to the rights of the survivors and puts money in the hands of a convicted rapist. I cannot say that I am surprised by this. It is what I would expect of these self-interested money grabbers."

This article originally appeared in THR.com.

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Harvey Weinstein Wants Bankruptcy Court to Take Over Rejected Sexual Misconduct Settlement - Billboard