Monthly Archives: April 2020

Alaskan airline RavnAir's decision to file for bankruptcy Sunday is expected to delay the ability for remote communities in the state to be tested for COVID-19.

RavnAir, which operated RavnAir Alaska, PenAir and RavnAir Connect, announced its bankruptcy Sunday in a statement, saying it lost 90 percent of its revenue from passengers due to traveling concerns associated with the coronavirus. The airline had canceled all flights indefinitely last week.

The Yukon-Kuskokwim Health Corp. (YKHC), which operates a hospital in Bethel and clinics in 48 surrounding villages, planned to start village-based testing last week, before the airlines announcement, Anchorage Daily News reported.

But spokeswoman Tiffany Zulkosky told The Hill in a statement that none of the communities served by the corporation are accessible by road, and 18 are left without any scheduled passenger or cargo service at this time.

Lack of regularly scheduled passenger and cargo service threatens the life and well-being of thousands of Alaskans, while also endangering a delicate supply chain including the movement of lab samples (like COVID-19 testing kits, blood draws), delivery of chronic medications, personal protective equipment, and much more, she said.

Without RavnAir Group, the health corporation cannot deliver fragile medications like insulin and cannot retrieve medical samples before they expire. Zulkosky said it is chartering flights to move patients and supplies in high need circumstances but acknowledged it is not a long-term solution.

YKHC President and CEO Dan Winkelman cautioned in a statement that If a large COVID-19 surge happens simultaneously in numerous villages, our health system will be overwhelmed.

Moreover, under a worse case scenario, even with National Guard support, there will likely not be timely medevacs for all patients and people would die, he added.

The first coronavirus case was identified in Bethel on Monday as the Alaska Native Tribal Health Consortium works to send out 2,400 COVID-19 test kits and 40 rapid testing machines, each with 48 test kits, to the states rural communities.

The supplies will be given to tribal health organizations like YKHC for distribution, according to Anchorage Daily News. YKHC is slated to receive four machines but will struggle reaching its communities.

The airline was a main source of transportation for passengers, freight and mail to 115 rural Alaska communities, Anchorage Daily News reported.

RavnAir Group cited its need for additional funding as reasoning to ground its 72 planes last week in its Sunday statement. All employees were laid off until the company is in a position to cover the costs of rehiring, resuming flights and operating to the many communities it serves through our state.

Meanwhile, other airlines such as Grant Aviation, Ryan Air and Yute are trying to provide minimum service to communities previously only accessible by RavnAir Group, which reduces the number of flights in other communities in the state.

YKHC spokeswomanZulkosky said it could take several weeks or a month for these airlines to fill in the gaps.

Alaska Gov. Mike Dunleavy (R) banned all nonessential travel in the state and issued a stay-at-home order at the end of March. The state has confirmed 226 coronavirus cases, leading to 27 hospitalizations and seven deaths so far.

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Alaskan airline's bankruptcy expected to delay testing, treatment for remote communities | TheHill - The Hill

Enacted March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) places short-term obligations and restrictions on lenders and servicers of federally backed loans. As part of these limitations due to Coronavirus Disease 2019 (COVID-19), lenders and servicers are temporarily subject to moratoriums on foreclosures, mandatory forbearance obligations, and revised credit reporting obligations. For borrowers currently in bankruptcy or who received a discharge but retained real property and continued making payments thereon, lenders and servicers should proceed with caution to minimize their risk of violating the Bankruptcy Code. This GT Alert outlines the obligations created by the CARES Act, identifies some potential litigation concerns, and discusses certain considerations for minimizing risk of exposure.

Key Provisions of the CARES Act

While the CARES Act provides relief to a wide swath of industries, companies, and individuals, there are two overarching considerations relevant to borrowers and the Bankruptcy Code.1First, the CARES Act makes three significant revisions to the Bankruptcy Code:

Increasing the cap for small business debtors seeking relief pursuant to the Small Business Reorganization Act under Subchapter 5 of the Bankruptcy Code from approximately $2.7 million to $7.5 million.

Removing COVID-19-related relief payments from calculations of (a) a debtors income for determining eligibility for Chapter 7 and Chapter 13 relief and (b) a debtors disposable income for a Chapter 13 Plan.

Permitting a Chapter 13 debtor with a confirmed Plan to modify the Plan based on material financial hardship resulting directly or indirectly from the COVID-19 pandemic, including extending payments under the Plan up to seven years after the debtors initial Plan payment was due.

Second, lenders and servicers dealing with consumer borrowers subject to the Bankruptcy Code, in addition to the automatic stay applicable under section 362 of the Bankruptcy Code during pending bankruptcy proceedings, should be aware of the following provisions of the CARES Act: (i) the moratorium on foreclosures and foreclosure-related evictions for federally-backed mortgages; (ii) the mandate for short-term forbearance accommodations for federally-backed mortgages; (iii) the suspension of GAAP requirements to permit loan modifications without designating a loan as a troubled debt restructuring; and (iv) revisions to Fair Credit Reporting Act (FCRA) obligations. For more in-depth discussions of these provisions under the CARES Act, please see ourApril 2 GT Alert on the Mortgage Foreclosure Moratoriumand ourApril 9 GT Alert on CARES Act and the FCRA. In addition, lenders and servicers should keep abreast of additional state-issued COVID-19 mandates, prohibitions, regulations, and guidelines for any state in which they service debts.

Potential Bankruptcy Issues

Because the CARES Act does not explicitly address the interplay between its statutory provisions and the Bankruptcy Code, lenders and servicers may wish to evaluate the status of borrowers and loans subject to the Bankruptcy Code. There are three general categories of debtors that warrant consideration given the requirements of the CARES Act:

Debtors that recently filed bankruptcy and request an accommodation when no Plan has been proposed or confirmed;

Debtors that are operating under a confirmed Chapter 11 or Chapter 13 Plan, and either become delinquent under the Plan or request an accommodation; and

Debtors who have received a discharge of their personal liability for a mortgage debt but elected to retain the subject property2and continue making monthly payments, and have either become delinquent or request an accommodation.

For borrowers that recently filed for bankruptcy, the CARES Act does not prohibit a post-petition request for an accommodation. Thus, lenders and servicers should be aware of any contact from debtors or their counsel seeking an accommodation pursuant to the CARES Act. At the same time, lenders and servicers should remain cognizant that any accommodations under the CARES Act are temporary in nature. Thus, negotiations of any Plan treatment or other post-petition payment terms that will extend beyond the expiration of the applicable stimulus provisions of the CARES Act should address how the terms will change after the temporary statutory benefits expire.

For borrowers operating under a confirmed Plan, lenders and servicers should be aware that debtors are entitled to request accommodations under the CARES Act and that Chapter 13 debtors are additionally able to seek modifications to their Plan extending payments up to seven years after the first payment was due under the Plan. This right to modification is provided to the debtor and does not require consent of the creditor, though requested modification must still comply with the requirements of sections 1322(a), 1322(b), and 1323(c) of the Bankruptcy Code.

For borrowers that have already received a discharge of their personal liability but retained real property subject to a security interest, lenders and servicers should recognize that the CARES Act extends to payment obligations generally, not just those that constitute personal liabilities. Post-discharge borrowers may, therefore, still request an accommodation, and lenders and servicers should follow the same protocol in granting accommodations and forbearances, as they would for borrowers still obligated under a promissory note.

Finally, as to borrowers in the second and third categories, lenders and servicers should be careful before filing any pleadings suggesting a default under a confirmed Plan or sending any pre-foreclosure notices until the expiration of the current foreclosure moratorium. Making any such filings or sending any such notices during the pendency of the moratorium period could be construed by a Bankruptcy Court as initiating a foreclosure process, which, in turn, could subject the lender or servicer to the risk of potential sanctions to the extent the Bankruptcy Court retains jurisdiction over any dispute. Further, for any property believed to be abandoned or vacant, lenders and servicers should confirm that status before proceeding with any foreclosure activity.

1All three of these revisions are temporary and will expire on March 27, 2021.

2Under the CARES Act, the foreclosure moratorium does not apply to abandoned or vacant property.

2020 Greenberg Traurig, LLP. All rights reserved.

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Bankruptcy and Mortgage Servicing with CARES Act - The National Law Review

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Heartland Regional Medical Center

MARION Quorum Health Corporation, which owns Heartland Regional Medical Center and 22 other community hospitals across the country, announced Tuesday it filed for bankruptcy.

According to a statement posted to the companys website, Quorum Health filed a voluntary petition for reorganization under Chapter 11 of the U.S. Bankruptcy Code in the U.S. Bankruptcy Court for the District of Delaware.

According to a news release from Heartland Regional Medical Center, the hospital is unaffected by the restructuring and remains open and available to provide care to patients. Hospital employees will continue to receive their wages and benefits for the work they perform, and patients and families should experience the same care that exists today.

This decision comes at a critical time when all hospitals are facing unprecedented challenges related to the coronavirus pandemic, Ed Cunningham, chief executive officer of Heartland Regional Medical Center, said. This is an important step toward long-term financial stability and will ensure that our hospital has the resources and cash flow needed to address the COVID-19 crisis and continue caring for patients and the community.

Quorum CEO Bob Fish said in the companys statement that the company has been transparent about the need to reduce its debt and its interest rate.

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Heartland Regional Medical Center says operations unaffected by parent company's bankruptcy filing - The Southern

In the wake of a S&P Global report that forecasted AMC Entertainments depletion of cash by mid-summer and its potential inability to re-open by June, media reports have already written the chains obituary.

But hold on one moment.

While distribution and rival exhibition sources wouldnt be shocked if AMC files Chapter 11 in the near future, thats not necessarily a scarlet letter for the biggest theater chain in the world. Rather its the best thing that could happen for AMC which is saddled with $4.9 billion debt and currently valued at $327.3M. Last Wednesday, the Wall Street Journal reported that lenders for the Leawood, KS-based chain have hired law firm Gibson, Dunn & Crutcher LLP for advice on expected restructuring negotiations.

Also, should AMC file for bankruptcy, that doesnt mean that theatrical exhibition and moviegoing is dead. AMC can still re-open under Chapter 11 according to sources and thats because studios and distributors are likely to be deemed by a bankruptcy court as critical vendors. In bankruptcy lingo, a critical vendor is one witha specialized skillset, mandatory safety certification or proprietary product whose discontinuation of service would have a significant negative impact on a debtors operations.

Explained in laymans terms, movies from studios are the primary means by which AMC makes money, before popcorn or Coca-Cola. AMC on average reps 20%-25% of a wide releases opening weekend gross, or up to 30% on a great weekend. While an attrition in AMC locations is to be expected, studio distribution heads arent anticipating the chains demise. In fact, we hear AMC is already reaching out to find out what catalog titles are available from the majors for an anticipated May re-opening. Exactly where AMC reopens its 630 U.S. locations remains a question at this point in time. Should New York city, which is currently battling over 76K COVID-19 cases, continue to have cinemas closed throughout the summer, we understand that the majors would likely forgo the opening of an event title under such circumstances.

Who gets hurt the most here in an AMC bankruptcy equation are landlords. According to AMCs 10-K, the chain leases 875 theaters (10,1k screens) and owns or partially owns 62 theaters (561 screens) worldwide. Stateside, AMC manages or has a partial interest in seven theatres and 73 screens. Sources further inform us that landlords arent typically high up on the debtor food chain, like studios are, and in such cases AMC would go in an either renegotiate or shed leases. In such cases, mall landlords would likely re-negotiate terms given how cinemas spur foot traffic to other neighboring retail establishments and restaurants.

Already, AMC is sending a note around to landlords that theyre ceasing to pay rent effective this month (you can read that note from AMCs SVP of Development and International, David Ellis here). In the letter, AMC notes that theyve furloughed 25K employees, instituted a reduced pay program for general theatre managers, placing a hold on discretionary expenditures and making pay/employee cuts at their corporate headquarters in an effort to re-open as soon as its safe to do so. AMC also informs their landlords that they intend to advocate at the federal level for appropriate relief for the theatre and exhibition industries. Its not clear yet how much AMC or other big circuits will cash in from the $2 trillion relief bill passed by Congress, though businesses with under 500 employees look to have an edge.

In the states, distribution bosses expect AMCs roughly 200 Classic Theatres which were former Carmike venues to be a logical casualty in the chains attrition of locations. Many of these theaters are $1 theaters, and arent big revenue generators. Ever since AMC paid $1.2 billion for Carmike back in 2016, the former Columbus, GA circuits locations have been an albatross around AMCs neck.

Last week, S&P Global lowered AMCs credit rating with a negative outlook, reflecting our expectation that there could be a liquidity shortfall within the next six months absent some form of incremental financing. It also reflects the potential for a distressed debt exchange over the next six months, which we would view as akin to a default. AMCs junior bonds traded last Wednesday at 40 cents on the dollar, down from 80 cents at the start of March per MarketAxess.

Back in the 1999-2001 period, several exhibitors simultaneously declared bankruptcy including Regal, Carmike Cinemas (then No. 3 chain), Loews Cineplex (then No. 4), United Artists (then No. 6), General Cinema, Edwards Theatres, Mann Theatres, Dickinson Theatres and Silver Cinemas. In short, they expanded too fast. One of the big outcomes saw Regal absorbing Edwards and United Theaters while Loews merged with AMC in 2006. The consolidation continued, seeing Regal swallowed up by Cineworld of the U.K. and AMC acquired by Dalian Walda of China.

Yet throughout exhibitions bankruptcy stretch during the early part of the millennium, studio sources tell Deadline: They werent burned.

An AMC representative didnt respond Tuesday to a request for comment for this piece.

Below is AMCs letter to landlords:

Dear Landlord:

This letter is to formally advise you that AMC temporarily suspended operation of all of its theatres in the United States (including the theatre referenced above) on March 17, 2020 in response to circumstances beyond AMCs control and specifically the COVID-19 pandemic and the national state of emergency declared by the President of the United States on March 13, 2020, and in compliance with various federal, state and local government mandates and directives (including those that now limit public gatherings to no more than 10 people and emphasize social distancing). All other major theatre operators in the United States have also closed their theatres.

As the crisis unfolded and movie studios pulled major new releases (significantly reducing film product), AMC took steps to adapt and remain open. AMC proactively reduced capacity by 50% per the initial CDC guidelines, and then to 50 persons per auditorium per revised CDC. Some of the steps AMC has implemented are: (a) making the very difficult decision to furlough over 25,000 employees in the United States, (b) instituting a reduced pay program for theatre General Managers, (c) placing a hold on discretionary capital expenditures, and (d) making significant cost and personnel cuts at AMCs corporate offices.

The final step AMC is currently taking directly impacts you. Without revenue from its theatres, AMC will cease paying rent and charges under the lease effective as of April, 2020.

AMC asks for your patience and understanding during this difficult time. AMC intends to reopen its theatres as soon as possible after it is safe to do so. AMC looks forward to getting back to business as usual.

AMC intends to advocate at the federal level for appropriate relief for the theatre exhibition and real estate industries. AMC is willing to discuss with you any suggestions you may have for getting through this crisis and planning for when AMC can reopen and pay rent.

Sincerely,

AMERICAN MULTI-CINEMA, INC.

Daniel E. Ellis

Senior Vice-President, Development & International

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AMC Theatres Bankruptcy Rumors Grow, But That Move Wouldnt Be The End Of The Chain Or The Biz - Deadline

BISMARCK, N.D. - The impacts of the pandemic have forced many into financial hardship.

Because of this, lawyers say they're getting ready for an influx of clients.

Local lawyers say their expertise and experience could save you time and frustration during an already volatile situation.

The novel coronavirus has brought with it unemployment, medical expenses and overextended credit: three factors common among people considering filing for bankruptcy.

Lawyers say many people might be turning to them for solutions in the near future.

"I am probably expecting an increase and a lot more calls about bankruptcy. A lot of people just calling for information to see whether bankruptcy is a possibility for them," said Attorney Chad Anderson of Chad Anderson Law Firm in Bismarck.

Anderson says lawyers can help people navigate through alternatives to bankruptcy or help choose which type of bankruptcy to file.

He says they can guide you on a path toward healthy credit after the process is complete.

While there's no immediate spike in local bankruptcy filings, data firm BankruptcyData reports about 200 more cases of Chapter 11 filings through March of this year than in 2019.

The federal stimulus package is also geared toward an uptick of bankruptcies by offering relief to those who file.

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Bankruptcy lawyers expect and increase of filings - KFYR-TV

For many investors, the financial crisis of 2008 and the economic shutdown caused by the coronavirus are the only two bear markets they have experienced in their lives. Where are we now compared to 2008? Here is one way to look at that question and try to help understand why, even as the S&P 500 and Dow Jones Industrial Average have surged back with gains equal to a new bull market since the March 23 low, many investors remain skeptical. The S&P and Dow were up double-digits, percentage-wise, this week alone.

About one month ago was a day that some refer to as Black Thursday, after President Donald Trump announced the Europe travel ban, the NBA suspended its season, and Tom Hanks and his wife Rita Wilson became the most famous Americans to say they had contracted COVID-19.

A look back at how stocks performed after the market had about a month to digest the Lehman Brothers bankruptcy in 2008 shows one reason for short-term hesitation to jump back in related to financial crisis experience.

With a start date of Oct. 14, 2008, roughly four trading weeks after Lehman, the S&P 500, its sectors, and the Dow Jones Industrial Average, all performed poorly in the following one-month and three-month periods, according to a CNBC analysis of data from Kensho. The S&P 500 was down more than 14% in these one-month and three months, while the Dow dropped by 11%, according to a CNBC analysis of trading data from Kensho.

Utilities was the top performer, down 4% in the one-month period and the only sector higher over three months, with a 2% gain.Materials, the best performing sector this week, up nearly 20% and on pace for its best week ever, dating back to 1989, were second-worst among S&P sectors, ahead only of financials, in the months after the Lehman bankruptcy.

Stocks just had their best week since 1974, even with Thursday's jobless claims bringing the three-week unemployment toll to 16 million Americans. The recovery since the March low has been the fastest in history. In no previous period, including 2008, did "stocks manage to claw back as much of the losses as quickly as they've done this time," wrote the Sentimental Trader in a post this week.

The Federal Reservehelped again on Thursday, announcing as slew of programs, including loans geared towards small and medium sized businesses, that will total up to$2.3 trillion. The central bank also gave more details on its plans to buy investment-grade and junk bonds.

But signs of a recession are everywhere: One Bloomberg tracker put the odds at 100%. Meanwhile, a measure of decline in electricity usage shows a picture that makes the Great Recession look healthy.

The COVID-19 models have improved in their outlook. Former FDA Commissioner Scott Gottlieb noted on Thursday that the models used by the federal government are showing better signs for the scope and length of the epidemic, as well as far fewer deaths than a worst-case scenario.

There are a variety of professional investors who are buying back in for a variety of reasons: short-sellers squeezed by the sharp reversal and forced to cover positions, funds managers who can't afford to miss out on gains or risk falling far behind the indexes."This is trader and professional money driving this market," Scott Wren, a managing director at the Wells Fargo Investment Institute, told the New York Times.

While some say mom-and-pop investors are sitting out this comeback, Vanguard Group, the investing giant synonymous with retail investors and financial advisors, took in $47 billion in equity ETF flows in the first quarter, according to Bloomberg, suggesting many were never scared off, even as the market tanked.

Mark Cuban remains cautious and is raising cash. Howard Marks, co-founder of Oaktree Capital, says stocks are cheap and buying opportunities abound, but he still expects another leg down in the market.

Single points in market history are not statistically significant indicators of future performance. And there are scant data points to use. For the dot-com bubble bursting, there was no single "inciting" event that makes for an easy comparison point. And after 9/11, the markets were closed for a number of days right after the attack.

There are other reasons to be cautious to read too much into a single crisis trading period. Financials were down more than 40% in the three-month period referenced here related to the Lehman bankruptcy, and for obvious reasons that are not likely to be repeated.

Another important point: The financial crisis and Lehman bankruptcy occurred right near a presidential election, according to Nicholas Colas, co-founder of DataTrek Research, who has been studying the relationship between 2008 and today for trading intelligence.

"There was a U.S. general election on Nov. 4 [2008], which is smack in the middle of this time series. The S&P 500 dropped 5% in each of the next two days after, because it was clear that we had to wait months for fiscal stimulus since D.C. had no mandate. That's really what made the November lows. And why the ultimate low was in March 2009."

While Republicans and Democrats were sparring over another round of stimulus this week, "that's the big difference: D.C. owns the current crisis and has therefore responded much more quickly," Colas said.

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Afraid to buy into this market? A key 2008 financial-crisis moment isn't reassuring - CNBC