Monthly Archives: July 2020

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

Twelve midsize to large corporations all with more than $10 million in debt filed for Chapter 11 bankruptcy protection during the third week of June, another consequence of the coronavirus pandemic and continuedtrouble in Americas oil industry.

The filings representthe highest weekly total of the year, and experts believe this is just the beginning of a bankruptcy tsunami that will wash over the countrys largest companies this summer and then drench both smaller businesses and individuals if government stimulus money dries up.

I very much expect to see the numbers continue to rise said Ed Flynn, a consultant for the American Bankruptcy Institute, a nonpartisan research organization. Every day there are more rumors of this or that company, and the rumors are almost never wrong.

The types of companies affected are unsurprising.Since the start of the pandemic, they have included businesses that consumers have studiously avoided, from rental car companies, restaurants and department stores to gyms and health care companies offering elective surgeries and procedures. The fitness studio chain 24 Hour Fitness Worldwideand AAH holdings, which operates clinics that help clients overcome addiction, were among the latest batch of filers.

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Companies seeking protection from their creditors also includeoil and gas producers and suppliers that have been battling oversupply and low prices in world markets for more than five years now. When prices plunged again in February due to concerns about a global economic downturnbrought on bythe coronavirus pandemic,an increasing number of energy companies were forced to file.

At least 24 oil and gas companiesfiled from April through June nearly twice as many as during the first three months of the year, according to Haynes and Boone LLP, an international law firm based in Texas. Fourof those companies Texas-based NorthEast Gas Generation, Colorado-based Extraction Oil & Gas, and Chisolm Oil and Gas and Chesapeake Energy, which are both from Oklahoma filedin the last two weeks of June.

This trend should continue through the remainder of 2020 and into 2021, said Charles Beckham, a partner in Haynes and Boone's restructuring practice. Unless commodity prices have a majestic increase, many producers will seek relief in bankruptcy court with the hope that will bring them back to a rational place where they can continue to produce and service their debt.

Charles Beckham, a partner in Haynes and Boone's restructuring practice.(Photo: Courtesy)

Besides the catastrophic events that sent everything from oil and gas producers to major retailersinto a tailspin plunging oil prices and the coronavirus pandemic there is something else that they all have in common: High levels of debt.

Given the extraordinarily low-interest rates of the past decade, companies in the United States now have higher debt loads than at any time in history, according to Jonathan Lipson, a professor at Temple University Beasley School of Law.

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Its all that debt, which was taken out in good times often with the help of private equity investors that's put themin a tough spot now theirrevenues have been disrupted, Lipson said. Many of these companies cant make interest payments and an increasing number will need to reorganize under Chapter 11 or liquidate their holdings and go out of business under Chapter 7.

Chesapeake Energy, a shale drilling pioneer that helped to turn the United States into a global energy powerhouse, filed for bankruptcy protection June 28, 2020.(Photo: AP Photo/Ralph Wilson, File)

The good news, Lipson said, is that the financial system is not as skewed as it was at the outset of the Great Recession in 2008. The people who took on all this debt are sophisticated businessmen and women, and the loans they are dealing with are more straightforward than the convoluted mortgage products that roiled financial markets a decade ago.

There will still be a lot of pain that theyll have to go through, Lipson said. But it will be a different kind of pain, and the recovery might not take as long because it involves fundamentally sound companies. Their debt may be overpriced, but it can be renegotiated.

More bankruptcy court judges might be needed as the number of cases ramps up, Lipson added,but the system should be able to handle the flow.

At the moment, the system is far from overburdened, experts say. The busiest courts are in Texas, Delaware and the Southern District of New York. That's where the bulk of the oil and gas bankruptcies are taking place and where the really bigChapter 11 filings like retailers J.C. Penney and Nieman Marcus andrental carbehemoth Hertz are taking place.

Other bankruptcy courts are less busy than usual. Thats because personal bankruptcies for January through May are down by 22% compared withlast year, according to the American Bankruptcy Institute.

Edward Altman, the Max L. Heineprofessor emeritus of financeat New York Universitys Stern School of Business, credits federal government stimulus, saying small business loans, stimulus checks and additional unemployment insurance haveallowed people to avoid bankruptcy so far.

Edward Altman, the Max L. Heine professor of finance, emeritus, at New York Universitys Stern School of Business.(Photo: Courtesy)

But these measures are only temporary," Altman said. "At some point, theyll run out and personal bankruptcies will surge.

In the meantime, Altman believes corporate bankruptcy filings will continue to rise, and that 2020 will prove to be one of the busiest years since the Great Recession especially for companies with more than $100 million in total liabilities.

A total of 93 companies with more than $100 million in debthavefiled for Chapter 11 bankruptcy protection through June 22, he said. If that pace continues,196 will file by the end of the year, which will be the second-highest total ever after 2009.

There is some talk of the economy opening and unemployment coming down, Altman said. But Im pretty convinced bankruptcies will continue to go through the roof.

There are plenty more restaurants, department stores, movie theaters, hotels, cruise lines, rental car companies and even airlines that will need protection before the year is out, Altman said, and hesnot the only one that feels that way.

Melissa Kibler, senior managing director in the Chicago office of Mackinac Partners - a turnaround and restructuring firm also believes the U.S. economy is at aturning point andbankruptcy courts will play a major role in determining the way forward.

Melissa Kibler, senior managing director in the Chicago office of Mackinac Partners - a turnaround and restructuring firm.(Photo: Courtesy)

Any time you have a significant disruption like this its going to create winners and losers and systemic change, Kibler said. We have industries that are evolving, and on top of that we have overlaid the COVID pandemic and that has forced a lot of changes.

This isamoment when the weak companies are purged, she said.

Pier 1, for example, had plans to reemerge from bankruptcy after selling off half its stores. But when the pandemic hit, the eclectic home furnishings retailer lost itspotential buyer and now mustliquidate its holdings and go out of business.

A lot of other physical retail storesand restaurants will follow retailers because theyre already struggling againstAmazon and other online sellers and restaurants because there aretoo many of them.

Theyve survived because theres been a lot of stimulus focused on them," Kibler said, "but their longer-term recovery is less certain. People need a vaccine before they'llbe comfortable resumingtheir former dining habits."

Pier 1 had plans to reemerge from bankruptcy in 2020 after selling off half its stores. But when the coronavirus pandemic hit, the eclectic home furnishings retailer lost itspotential buyer and now mustliquidate its holdings and go out of business.(Photo: Pier 1)

Real estate falls smack in the middle, Kibler said. As business moves away from the malls, as shoppers buy more of their groceries online, as more and more companies abandon expensive urban office space, allowing employees to work from home, commercial real estate will have to be repurposed.

Then there's thetravel business airlines, rental cars, hotels, cruise lines.

There will be a lot of turmoil until the travel sector becomes normalized, Kibler said. The question is whether you can last long enough to get to the other side.

As far as the oil and gas industry goes, few are predicting a recovery soon.

Energyproducers got themselves into this mess back in 2010 through 2014 when they borrowedmoney and bidagainst each other to buy up prospective shale reserves around the country suitable for fracking, explainedBeckham, the partner in Haynes and Boone's restructuring practice.

When prices were high, oil and gas companiesmade money and transformedthe United States from a net oil importer to an exporter. But Saudi Arabia didnt like losing market shareand fought back by opening its spigots, creating excess supply and causing oilprices to plummetfrom above $100 a barrel in the summer of 2014 to half that price the following year. Dozens of heavily indebted American companies were forced to file for bankruptcy protection.

Instead of capping their wells and going out of business, U.S. producers adjusted to the new costs, said Buddy Clark, a partner with Haynes and Boones energy transaction group. "Technology rose to the occasion. The industry came up withsignificant cost-cutting innovations and production continuedat $55 a barrel."

Buddy Clark, a partner with Haynes and Boones energy transaction group.(Photo: LeadingShot Photography)

With the onset of the pandemic, however, oil prices plunged again, dipping briefly below $20 a barrel in April, before recovering to just under $40 a barrel in June.

Clark said it costs U.S. producers anywhere from $12 to $35 a barrel to get the oil out of the ground depending on where they are operating. Thats called the lifting cost. On top of that, they havethe cost of servicing their debt. As long as oil prices are higher than the lifting cost, companies have an incentive to keep producing and torenegotiate their debt.

But times are grim. Morgan Stanley, the giant American investment bank,is predicting oil prices will not rise above$40 a barrel for the next two years.

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Even if companies are able to reorganize and emerge from bankruptcy, it will be difficult for them to find investors willing to pump more money into expanding production.

Until investors foresee a rebound in oil demand and increasing commodity prices,"Clark said, "producers will have a hard time attracting any new money in the industry.

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With bankruptcies surging, 2020 may become one of the busiest years for Chapter 11 filings since the Great Recession - USA TODAY

Pacific Gas & Electric has emerged from a contentious bankruptcy saga that began after its long-neglected electrical grid ignited wildfires in California that killed more than 100 people.

The nation's largest utility announced Wednesday it emerged from Chapter 11 bankruptcy and paid $5.4 billion in initial funds and 22.19% of its stock into a trust for victims of wildfires caused by its outdated equipment.

This is an important milestone, but our work is far from over, Bill Smith, PG&E interim chief executive officer, said in a statement. Our emergence from Chapter 11 marks just the beginning of PG&Es next era as a fundamentally improved company and the safe, reliable utility that our customers, communities and California deserve.

A federal judge last month approved a $58 billion plan for the company to emerged from bankruptcy by June 30, the deadline that the company had to meet to qualify for coverage from a $21 billion wildfire insurance fund created by California last year.

U.S. Bankruptcy Judge Dennis Montali's decision cleared the way for PG&E to pay $25.5 billion for losses from devastating fires in 2017 and 2018.

Dozens of lawsuits were settled during the ordeal, with $13.5 billion earmarked for more than 80,000 people who lost family, homes, businesses and other property in the fires.

The company plans to find a new CEO to replace Bill Johnson, who stepped down June 30 after just 14 months on the job. It has overhauled its board of directors, including 11 members who were just recently appointed. PG&E also has committed to slicing up its sprawling territory into regional units to be more responsive to the different needs of the 16 million people who rely on it for power.

Financing the plan requires PG&E to nearly double its debt, saddling the company with a burden its critics fear will make it more difficult to raise the estimated $40 billion for improvements that the utility still needs to make to its electrical grid.

This marks the second time in 16 years that PG&E has navigated a complex bankruptcy case that has raised questions about how it should operate in the future. The last time the company emerged from bankruptcy, in 2004, electricity rates soared and management focused even more on boosting profits instead of upgrading its power supply.

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PG&E Exits Bankruptcy, Pays $5 Billion Into Wildfire Fund - NBC Bay Area

Some companies dont even try to argue that executive pay was cut. At $6.4 million, the cash bonus paid to Whiting Petroleums chief executive, Bradley J. Holly, is larger than the $5.5 million at which the company valued his total compensation for 2019.

Updated June 30, 2020

Common symptoms include fever, a dry cough, fatigue and difficulty breathing or shortness of breath. Some of these symptoms overlap with those of the flu, making detection difficult, but runny noses and stuffy sinuses are less common. The C.D.C. has also added chills, muscle pain, sore throat, headache and a new loss of the sense of taste or smell as symptoms to look out for. Most people fall ill five to seven days after exposure, but symptoms may appear in as few as two days or as many as 14 days.

A commentary published this month on the website of the British Journal of Sports Medicine points out that covering your face during exercise comes with issues of potential breathing restriction and discomfort and requires balancing benefits versus possible adverse events. Masks do alter exercise, says Cedric X. Bryant, the president and chief science officer of the American Council on Exercise, a nonprofit organization that funds exercise research and certifies fitness professionals. In my personal experience, he says, heart rates are higher at the same relative intensity when you wear a mask. Some people also could experience lightheadedness during familiar workouts while masked, says Len Kravitz, a professor of exercise science at the University of New Mexico.

The steroid, dexamethasone, is the first treatment shown to reduce mortality in severely ill patients, according to scientists in Britain. The drug appears to reduce inflammation caused by the immune system, protecting the tissues. In the study, dexamethasone reduced deaths of patients on ventilators by one-third, and deaths of patients on oxygen by one-fifth.

The coronavirus emergency relief package gives many American workers paid leave if they need to take time off because of the virus. It gives qualified workers two weeks of paid sick leave if they are ill, quarantined or seeking diagnosis or preventive care for coronavirus, or if they are caring for sick family members. It gives 12 weeks of paid leave to people caring for children whose schools are closed or whose child care provider is unavailable because of the coronavirus. It is the first time the United States has had widespread federally mandated paid leave, and includes people who dont typically get such benefits, like part-time and gig economy workers. But the measure excludes at least half of private-sector workers, including those at the countrys largest employers, and gives small employers significant leeway to deny leave.

So far, the evidence seems to show it does. A widely cited paper published in April suggests that people are most infectious about two days before the onset of coronavirus symptoms and estimated that 44 percent of new infections were a result of transmission from people who were not yet showing symptoms. Recently, a top expert at the World Health Organization stated that transmission of the coronavirus by people who did not have symptoms was very rare, but she later walked back that statement.

Touching contaminated objects and then infecting ourselves with the germs is not typically how the virus spreads. But it can happen. A number of studies of flu, rhinovirus, coronavirus and other microbes have shown that respiratory illnesses, including the new coronavirus, can spread by touching contaminated surfaces, particularly in places like day care centers, offices and hospitals. But a long chain of events has to happen for the disease to spread that way. The best way to protect yourself from coronavirus whether its surface transmission or close human contact is still social distancing, washing your hands, not touching your face and wearing masks.

A study by European scientists is the first to document a strong statistical link between genetic variations and Covid-19, the illness caused by the coronavirus. Having Type A blood was linked to a 50 percent increase in the likelihood that a patient would need to get oxygen or to go on a ventilator, according to the new study.

The unemployment rate fell to 13.3 percent in May, the Labor Department said on June 5, an unexpected improvement in the nations job market as hiring rebounded faster than economists expected. Economists had forecast the unemployment rate to increase to as much as 20 percent, after it hit 14.7 percent in April, which was the highest since the government began keeping official statistics after World War II. But the unemployment rate dipped instead, with employers adding 2.5 million jobs, after more than 20 million jobs were lost in April.

If air travel is unavoidable, there are some steps you can take to protect yourself. Most important: Wash your hands often, and stop touching your face. If possible, choose a window seat. A study from Emory University found that during flu season, the safest place to sit on a plane is by a window, as people sitting in window seats had less contact with potentially sick people. Disinfect hard surfaces. When you get to your seat and your hands are clean, use disinfecting wipes to clean the hard surfaces at your seat like the head and arm rest, the seatbelt buckle, the remote, screen, seat back pocket and the tray table. If the seat is hard and nonporous or leather or pleather, you can wipe that down, too. (Using wipes on upholstered seats could lead to a wet seat and spreading of germs rather than killing them.)

If youve been exposed to the coronavirus or think you have, and have a fever or symptoms like a cough or difficulty breathing, call a doctor. They should give you advice on whether you should be tested, how to get tested, and how to seek medical treatment without potentially infecting or exposing others.

And of course the bonuses are far higher than what regular employees earn. Ms. Soltaus was many times the $11,482 the retailers median employee, a part-time worker, earned during J.C. Penneys 2019 fiscal year, according to a securities filing.

The cash bonuses have also led to the concealing, loosening and removal of the tools companies normally use to tie pay to performance, which many critics contend were already too weak. Companies still operate when seeking protection under Chapter 11 of the bankruptcy code. And in theory, boards could require chief executives to hit sales targets or achieve other goals.

And in some cases, a few strings remain. Ms. Soltau has to repay a fifth of her cash bonus if she fails to achieve certain performance goals, and Mr. Lawler has to repay half of his. But J.C. Penney and Chesapeake did not disclose the goals in their securities filings and declined to answer questions about them.

Hertz and Whiting, the oil and gas company, did not tie cash bonuses to performance goals at all. Whiting and Mr. Holly didnt respond to requests from comment, but the company said in a securities filing that the new bonuses eliminate any potential misalignment of interests that would likely arise if existing performance metrics were retained and/or new performance metrics were established at a volatile and uncertain time.

This is not the first time that executive pay at troubled companies has prompted an outcry. Congress passed a law in 2005 aimed at curbing retention bonuses paid during bankruptcy. Under the law, companies are allowed to pay incentive-based bonuses, but the legal cost of constructing such payments and getting them approved in bankruptcy court soared after 2005, according to research by Jared Ellias, a professor at the University of Californias Hastings College of the Law.

Of course, Congress could change bankruptcy law so that compensation payments made before the filing could be clawed back, Mr. Ellias said. In addition, lawmakers could make it easier for creditors to pursue claims against executives after the bankruptcy.

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These Companies Gave Their C.E.O.s Millions, Just Before Bankruptcy - The New York Times

Deluxe Express Inc. of Plainfield, Illinois, filed for Chapter 11 bankruptcy protection on Wednesday, citing soaring insurance rates after one of its drivers was involved in a fatal crash on Interstate 80 near Laramie, Wyoming, in March 2019.

The trucking company has 13 power units and lists 13 drivers, according to FMCSA records.

Deluxe Express and another motor carrier have been named in a wrongful death lawsuit filed by the family of a man killed in the deadly pileup involving three trucking companies.

In its filing with the U.S. Bankruptcy Court for the Northern District of Illinois, Deluxe Express lists its assets and liabilities as being between $1 million and $10 million. It lists up to 49 creditors in its bankruptcy filing.

Igoris Geguzinskas, president of Deluxe Express, said skyrocketing insurance costs made it impossible for his small trucking company to continue in the wake of the March 9, 2019, pileup.

Insurance got so high we couldnt make it, Geguzinskas told FreightWaves. Yes, our driver was one of the trucks involved in the pileup, but the crash had already happened and our driver couldnt stop.

Geguzinskas said the Wyoming Highway Patrols investigation into the crash lasted for nearly eight months, but he said no charges were filed against his driver, Tadeusz Potkaj.

The Wyoming Highway Patrol (WHP) did not respond to FreightWaves request for comment.

The Federal Motor Carrier Safety Administration (FMCSA) revoked Deluxe Express operating authority in August 2019.

Prior to its shutdown, Deluxe Express trucks had been inspected 42 times and 12 trucks were placed out of service in a 24-month period, resulting in a nearly 39% out-of-service rate. This is higher than the industrys national average of around 21%, according to FMCSA data.

Its drivers were inspected 114 times and 13 were placed out of service for an 11.4% out-of-service rate in the same two-year period. The national average out-of-service rate is around 5.5%. Deluxes trucks were involved in one fatal and one injury crash over the same 24-month period.

The widow of a man killed in the 2019 four-vehicle collision on I-80 east of Laramie filed a wrongful death lawsuit in February 2020 against Deluxe Express and its driver, Potkaj, 64, of Romeoville, Illinois.

Also named in the lawsuit was truck driver, Noslen O. Castillo, 38, of Florida, who drove for All America Carriers LLC of Miami Lakes, Florida. That carriers operating authority was revoked by the FMCSA in July 2019.

According to the WHP, three tractor-trailers and a 2018 Hyundai Kona were involved in the fatal pileup at around 9:23 a.m. on March 9.

The first Freightliner tractor-trailer driven by Talwinder Singh, 34, of Sacramento, California, who drove for Opportunity Truck Lines, was westbound on I-80 and was stopped in the roadway due to other traffic stopping ahead, according to the WHP report.

The Hyundai, driven by Brook N. Williams, 48, and his wife, Melanie Williams, 47, of Salt Lake City, was also stopped when a second Freightliner tractor-trailer, driven by Castillo, rear-ended the vehicle, pushing the Williams vehicle into the rear of Singhs rig.

Shortly after the initial collision, a third Freightliner tractor-trailer, driven by Potkaj, struck the back of the rig driven by Castillo.

All of the drivers and passengers were wearing their seat belts at the time of the crash.

Brook Williams died at the crash scene, while Melanie Williams was transported to a nearby hospital for treatment.

None of the truck drivers were injured in the crash.

According to the WHP report, road conditions were slick with black ice and blowing snow and there was little to no visibility at the time of the crash.

Following the crash, state officials closed I-80 from Rawlins to Cheyenne for several hours because of weather conditions.

The suit alleges that both carriers and their drivers were negligent because Castillo and Potkaj were not properly trained on how to operate their tractor-trailers on public roadways under inclement winter driving conditions.

The lawsuit also claims that since both Castillo and Potkaj were company drivers, their carriers, All America and Deluxe Express, are vicariously liable for the drivers actions.

Court documents allege that All America driver Castillo violated federal hours-of-service regulations by falsifying his record of duty status based on false logs made on March 5 and March 7.

A status hearing is scheduled for Monday in the U.S. District Court for the District of Wyoming. Williams widow is seeking a jury trial.

Read more articles by FreightWaves Clarissa Hawes

See related articles:Legal woes force Illinois carrier to file for bankruptcy protectionTrailer sales and leasing company files for bankruptcy protectionLegal woes force Florida carrier to file for bankruptcy protection

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Carrier ties bankruptcy to soaring insurance rates, fatal crash - FreightWaves