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BankruptcyData: FY 2024 KEIP/KERP Report

BankruptcyData in 2024 tracked 28 Key Executive Incentive Plans (KEIP) and 29 Key Employee Retention Plans (KERP) across bankruptcy cases of companies disclosing more than $10m in liabilities.​ Spanning 36 unique cases, predominantly in Healthcare & Medical and Retail sectors, these plans demonstrated diverse compensation strategies. ​The majority of plans involved C-Suite, VP, and Counsel roles, with most plans allowing for reallocation and few implementing clawback provisions. These plans reflect complex executive compensation strategies in a dynamic corporate landscape. READ MORE
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Default Rate May Not Tell the Whole Story

The expected increase in loan defaults in 2024 never materialized. But while corporate credit health appears strong on the surface, there are signs of potential weakness underneath. This article examines current trends to help you stay informed about silent loan defaults, private credit default trends, impacts on maturities, and more. READ MORE
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Hertz Prevails in Warrant-Holder’s Share-Repurchase Lawsuit

Hertz Global Holdings beat back a lawsuit arguing that recent share repurchases amounted to a change in control that required the company to redeem its outstanding stock warrants, WSJ Pro Bankruptcy reported. The Delaware Chancery Court ruled on Friday that Discovery Capital Management’s interpretation of a warrant agreement with Hertz could be stretched to “absurd results” and denied the investment firm’s claim for nearly $188 million. READ MORE
White Forest Resources Files for Chapter 11

West Virginia-based coal mining company White Forest Resources filed for chapter 11 bankruptcy protection in Delaware, revealing nearly $79 million in debt, the USA Herald reported. The filing, made on Friday, cites ongoing struggles with production setbacks and shipping disruptions. As part of its restructuring efforts, the company plans to sell one of its two coal mines before the end of April. READ MORE
Acting CFPB Chief Tells All Staff to Cease 'Any Work Tasks'

President Donald Trump's newly installed chief of the U.S. Consumer Financial Protection Bureau told all of the agency's staff on Monday to stay away from the office and do no work, according to an email reviewed by Reuters. The move, which followed a weekend decision to shutter the agency's Washington, D.C., headquarters, idled a federal agency of nearly 2,000 workers entrusted with enforcing consumer financial laws nationwide. READ MORE

 
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  Daily Roundup
 
Farmers on the Hook for Millions After Trump Freezes USDA Funds

Farmers report missing millions of dollars of funding they were promised by the U.S. Department of Agriculture, despite promises from the Trump administration that a federal funding freeze would not apply to projects directly benefiting individuals, the Washington Post reported. On his first day in office, President Donald Trump ordered the USDA to freeze funds for several programs designated by President Joe Biden’s signature clean-energy and health-care law, the 2022 Inflation Reduction Act. The freeze paused some funding for the department’s Environmental Quality Incentives Program, which helps farmers address natural resource concerns, and the Rural Energy for America Program, which provides financial assistance for farmers to improve their infrastructure. Farmers who signed contracts with the USDA under those programs paid up front to build fencing, plant new crops and install renewable energy systems with guarantees that the federal government would issue grants and loan guarantees to cover at least part of their costs. Now, with that money frozen, they’re on the hook. READ MORE
Binance, SEC Request Pause in Legal Battle as Trump's Crypto Policy Takes Shape

Binance and the U.S. Securities and Exchange Commission have jointly asked a court for a 60-day stay on the regulator's lawsuit against the crypto exchange, citing the potential impact of a newly launched task force, Reuters reported. In a court filing dated yesterday, the parties said that the task force, formed last month to work on crypto regulations, may "impact and facilitate the potential resolution of this case." READ MORE
Commentary: Trump’s Conflicting Business Policies Sow Economic Uncertainty*

It usually takes years for a president to leave his mark on the economy. Donald Trump has done it in just a few weeks. His plan to raise tariffs on Canada, Mexico and China has rattled markets and boardrooms, according to a Wall Street Journal commentary. Some businesses are seeing signs that deportations could affect their workforces. The end goal seems to be an economy with a smaller role for imports, immigrants and the federal government and a bigger one for private investment. But the execution has generated intense uncertainty — among business owners, workers and trade partners — that could damp growth, at least temporarily. (Subscription required.) READ MORE

*The views expressed in this commentary are from the author/publication cited, are meant for informative purposes only, and are not an official position of ABI.
 
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