Skip to main content

%1

Tesla Fires New Salvo at Ex-Worker Bankrupted After Feud With Elon Musk

Submitted by jhartgen@abi.org on

Tesla Inc. says a former battery factory worker who publicly criticized the company should be barred from using bankruptcy to avoid paying a $425,000 debt from a yearslong legal feud with Elon Musk, Bloomberg News reported. The company on Tuesday urged a bankruptcy judge not to let Martin Tripp off the hook after he acknowledged violating trade secret laws and confidentiality agreements. The filing is the latest twist in a dispute dating back to 2018, when Tripp anonymously told the news media that Tesla was wasting a significant amount of raw materials at its Nevada Gigafactory. That ended up getting him fired, and escalated into an exchange of insults and lawsuits with Musk and Tesla. Tripp agreed to pay $400,000 in 2020 to settle Tesla’s suit accusing him of stealing confidential data. He’d also been ordered to pay Tesla $25,000 in sanctions for posting court documents online in violation of a judge’s order. Tripp had been making payments to Tesla until late September, when he filed for bankruptcy, according to Tuesday’s filing.

Sam Bankman-Fried Will Not Face a Second Trial

Submitted by jhartgen@abi.org on

U.S. prosecutors said they do not plan to conduct a second trial against Sam Bankman-Fried, who was convicted last month of stealing from customers of his now-bankrupt FTX cryptocurrency exchange, Reuters reported. In a letter filed on Friday night in federal court in Manhattan, prosecutors said the "strong public interest" in a prompt resolution of their case against the 31-year-old former billionaire outweighed the benefits of a second trial. Prosecutors said that interest "weighs particularly heavily here," given that Bankman-Fried's scheduled March 28, 2024, sentencing will likely include orders of forfeiture and restitution for victims of his crimes. Jurors on Nov. 2 convicted Bankman-Fried on all seven fraud and conspiracy counts he faced. Prosecutors had accused him of looting $8 billion from FTX customers out of sheer greed. Bankman-Fried had faced six additional charges that had been severed from his first trial, including campaign finance violations, conspiracy to commit bribery, and conspiracy to operate an unlicensed money transmitting business. He had been extradited in December 2022 from the Bahamas, where FTX was based, to face the seven earlier charges.

Session Description
Many bankruptcy professionals are being called upon to help healthcare provider organizations as this industry faces unprecedented business distress. Whatever the professional's role, some basic understanding of healthcare finance can strengthen decision-making and performance.

This session will provide a high-level view of the unique fiscal considerations in the healthcare provider organization, specifically: 1) accounting and financial statements; 2) cashflow including the massive revenue cycle and accounts payable functions; 3) a murkier part of cashflow buried in the various governmental and private payer reimbursement models, and 4) fraud.

Beginning with accounting and financial statements, the mystery of gross revenue, net revenue, and accounts receivable on the income statement will be examined. Even experienced healthcare CFOs can trip up on accounts receivable calculations given the complexities of payer reimbursement models and payment practices, as well as the payer market changes occurring at an ever-faster pace.

Healthcare provider cashflow management consists of voluminous variations and constant change, more so in revenue cycle but also in accounts payable. Years ago, revenue cycle was simply called “billing.” The term revenue cycle more accurately describes the revenue generation process which can involve every function in the healthcare provider organization, from physician and nursing care to lab work and housekeeping.

Third, fundamentals of the most common healthcare reimbursement models will be discussed starting with basic fee-for-service reimbursement and moving through other models to the present attempts at value-based reimbursement. It may be surprising that while the industry grapples with the new value-based models, a sizable part of reimbursement is still fee-for-service.

Finally, there will be brief mention of fraud and embezzlement which can develop in the troubled healthcare provider organization and may be a significant contributor to poor financial performance.
Learning Outcomes
Participants will gain a high-level perspective on the unique fiscal considerations in the healthcare provider organization to inform their work in advising clients in this troubled industry. A solid base of knowledge in healthcare finance will support accurate financial performance projections, prioritization of turnaround strategies, and organization valuations. Given the esoteric complexities in this field, attendees will also gain an appreciation for situations where using healthcare financial specialists may be helpful.

First, participants will understand special aspects of income statements for healthcare provider organizations, in particular the difficulty of estimating accounts receivable due to the variability in the payer market, reimbursement models, and billing policies and procedures.

Second, attendees will be able to discuss the umbrella structure of cashflow in the healthcare provider organization from revenue generation to accounts payable.

They will understand the fundamentals of the “revenue cycle” which spans the entire healthcare provider organization. They will also be able to outline some mid-level billing functions, common operational problems with billing in the distressed healthcare organization, and practical solutions to address them, including artificial intelligence (AI).

On the other side of cashflow management, participants will understand the cash management structure and issues in vendor contracting, purchasing, and accounts payable in the healthcare organization.

Next, participants will gain a deeper awareness of how various healthcare reimbursement models in the marketplace – e.g., Medicare Advantage, health maintenance organizations (HMOs), high-deductible plans, accountable care organizations (ACOs), etc. – affect the financial performance of healthcare provider organizations.

Finally, attendees will be made aware of some places fraud and embezzlement may develop in the distressed healthcare organization.
Target Audience
Creditor
Suggested Speakers
Jeanne
Goche, MA, JD
jgoche@SolutionsinHealthCareManagement.com
Denise
Hill, JD, MPA
denise.hill@drake.edu
First Name
Jeanne
Last Name
Goche, MA, JD
Email
jgoche@SolutionsinHealthCareManagement.com
Firm
Solutions in Health Care Management, a consultancy and financial advisory specializing in health care

Rudolph Giuliani Files for Chapter 11 Protection

Submitted by jhartgen@abi.org on

Rudolph W. Giuliani filed for bankruptcy yesterday, a day after a federal judge ordered him to start paying the $148 million in damages he owes to two former Georgia election workers for spreading lies that they had tried to steal the 2020 election from Donald J. Trump, the New York Times reported. Giuliani also owes millions of dollars in legal fees as well as unpaid state and federal income taxes, according to the filing. Last week, a jury ordered Mr. Giuliani to pay two former Georgia election workers, Ruby Freeman and Shaye Moss, $148 million for baseless accusations he had made about them cheating when they were counting votes in Fulton County, Ga., on Nov. 3, 2020. On Wednesday, the judge overseeing that case, Beryl A. Howell, ordered Mr. Giuliani to start paying the two women immediately out of concern that he might “conceal his assets” if he were allowed to wait the typical 30 days. In total, Mr. Giuliani said in the chapter 11 filing that he owes creditors $152.7 million as well as other potential damages he faces in pending lawsuits. Mr. Giuliani owed more than $700,000 in back federal taxes and almost $300,000 in delinquent state taxes. His bankruptcy filing said he also owed about $1.3 million to a law firm that has represented him in various criminal investigations in recent years. He owes another $387,000 to a firm that has shepherded him through disbarment proceedings in New York and Washington stemming from his efforts to keep Mr. Trump in power.

Energy Company Hess Agrees to Pay Up to $187 Million to Settle Asbestos Claims

Submitted by jhartgen@abi.org on

Oil-and-gas company Hess and its bankrupt subsidiary Honx have agreed to pay up to $187 million under a deal to resolve the current and future asbestos claims asserted by the former contractors and employees of an oil refinery in the U.S. Virgin Islands, according to a settlement document filed with the court Thursday, WSJ Pro Bankruptcy reported. Hess placed Honx, previously known as Hess Oil New York, under chapter 11 bankruptcy in April of last year to drive a settlement of hundreds of personal-injury lawsuits stemming from alleged exposure to asbestos, silica and other toxic substances at the St. Croix oil refinery. The facility was known from its 1966 opening through 1998 as Hovic, when it was owned solely by Hess, and later as Hovensa and then Limetree Bay, according to court papers. The chapter 11 proceedings in the U.S. Bankruptcy Court in Houston have dragged out as Honx has said that Hess agreed to fund any asbestos claims by maintaining a $10 million reserve, an amount criticized by asbestos claimants as “woefully insufficient.” But monthslong negotiations recently led to a deal under which Honx and Hess agreed to pay $105 million to resolve roughly 910 current asbestos claims. In addition, the companies agreed to pay $45 million for future claims, along with up to $37 million in the following 25 years to fund additional claims as they arise, according to the settlement term sheet filed with the court.

Atlas Biologicals Seeks Order Preventing Discharge of Debt in Bankruptcy

Submitted by jhartgen@abi.org on

Atlas Biologicals Inc., a Fort Collins, Colo.-based company that produces fetal bovine serum, has filed an adversarial action in the Thomas Kutrubes personal bankruptcy, seeking to prevent the discharge of a court-ordered penalty in Kutrubes’ bankruptcy, the Loveland (Colo.) Reporter-Herald reported. Kutrubes is the founder of Peak Serum Inc., a company formed in 2014 to compete against Atlas, where Kutrubes began his career in 2005. Fetal bovine serum is a byproduct of meatpacking and is derived from cow fetuses; it is used worldwide in biological research and cell generation. In 2016, Atlas determined that Kutrubes had stolen customer information and had misrepresented his relationship with Atlas to customers. Atlas sued and won a $2.05 million judgment. Kutrubes appealed and lost. Kutrubes and Peak Serum filed for chapter 11 protection — Peak Serum in 2019 and Kutrubes in 2020. The personal bankruptcy filing showed assets of $904,109 and liabilities of $3.6 million, including the judgment that he listed as disputed. The chapter 11 action was converted to chapter 7 liquidation Sept. 20, 2023. In chapter 7, a trustee sells eligible property and pays whatever debts can be covered by it.

Rite Aid Agrees to Mediation With Opioid Victims, Creditor Panel

Submitted by jhartgen@abi.org on

Bankrupt pharmacy chain Rite Aid Corp. agreed to begin court-supervised mediation with lower ranking creditors, including groups that blame the company for contributing to America’s opioid addiction crisis, Bloomberg News reported. The company, backed by senior lenders, will negotiate with unsecured creditors about how to end the retailer’s insolvency case and on a potential loan package to fund the company’s exit from bankruptcy, Rite Aid attorney Aparna Yenamandra said in court Tuesday. The company will try reach a deal before the end of January, Yenamandra said. The pharmacy chain held a video court hearing Tuesday to ask US Bankruptcy Judge Michael Kaplan to approve a $3.25 billion loan package to refinance older debt and to help pay for the company’s reorganization case. Kaplan said he will sign an order approving the financing later this week after the company makes adjustments to the wording of the loan proposal documents. Rite Aid is trying to sell itself while under court protection in order to pay creditors owed billions of dollars. Should the company fail to find a buyer willing to keep at least part of the chain open, Rite Aid would be forced to liquidate. When retailers liquidate in bankruptcy, lower-ranking creditors are typically paid far less than if the company successfully reorganizes.