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Michigan Challenges Former Edenville Dam Owner Bankruptcy Bid

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Michigan Attorney General Dana Nessel’s office has asked a federal judge to reject an attempt by former Edenville Dam owner Lee Mueller to shield himself from a nearly $120 million judgment through bankruptcy protection, MLive.com reported. On Nov. 16, Nessel’s office motioned for dismissal of Mueller’s chapter 13 case in U.S. Bankruptcy Court in Nevada, calling the former dam owner’s filing a “bad faith” effort to avoid paying judgments following the 2020 Michigan flooding disaster. Mueller, of Las Vegas, was ordered to pay $119,825,000 in natural resource damages by a federal judge in Michigan, who issued a default judgment against the former Boyce Hydro owner on Nov. 27 after ruling in February he was personally liable for the death of fish and freshwater mussels during the flood. In the state’s motion in Nevada, assistant attorney general Nathan Gambill called Mueller “one of the worst environmental wrongdoers in Michigan history.” “His bankruptcy filings do not reflect it, but Mr. Mueller’s sole purpose in pursuing bankruptcy relief is to discharge court judgments,” Gambill wrote. A spokesperson for Nessel’s office said Michigan seeks to collect on the Nov. 27 judgment “to the fullest extent permitted by law” and use the money for “restorative purposes.”

Analysis: A $6 Billion Settlement Threatens to Upend U.S. Bankruptcy Deals

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The Supreme Court on Monday will consider the Biden administration’s bid to scuttle a $6 billion accord between bankrupt drugmaker Purdue Pharma LP and its billionaire owners, Bloomberg News reported. The deal would protect members of the Sackler family from future opioid lawsuits by way of an oft-used legal mechanism that the high court is now scrutinizing for the first time. If upheld, the settlement would snuff out an inferno of civil lawsuits blaming Purdue’s owners for the company’s aggressive marketing of OxyContin and, in exchange, route billions of dollars to victims, states and communities harmed by the nation’s addiction crisis. The proposal won overwhelming support from opioid crisis victims who voted on it, but there remains a vocal contingent bitterly opposed to letting Purdue’s billionaire owners put the lawsuits behind them. Detractors may get their way because of the challenge from a unit of the Justice Department. At issue is a component of the settlement that forces all opioid victims to give up their claims against the Sacklers even if they’d prefer to take their chances with a jury. Congress authorized similar maneuvers decades ago in bankruptcies related to asbestos lawsuits, and over time, lawyers and bankruptcy courts reasoned that the mandate could be expanded to an array of corporate wrongdoing. Similar deals have ended mass litigation over dangerous products and waves of sex abuse claims against Catholic dioceses, the Boy Scouts of America and USA Gymnastics. They even appear in some mundane acquisitions of bankrupt firms. But federal appeals courts are split over whether the linchpin of these agreements — provisions called nonconsensual third-party releases — are lawful.

Celsius Network Faces Roadblocks in Pivot to Bitcoin Mining

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Crypto lender Celsius Network may have to seek a new creditor vote on its proposed transformation into a bitcoin-mining business, a U.S. bankruptcy judge said during a court hearing on Thursday, Reuters reported. Celsius said last week that it had reduced its post-bankruptcy business plans to focus only on bitcoin-mining, citing the skepticism of the U.S. Securities and Exchange Commission (SEC) about its other planned business lines. Bankruptcy Judge Martin Glenn of New York, who is overseeing Celsius' chapter 11 process, expressed frustration on Thursday about the late pivot, saying that he had been a "broken record" about Celsius's need to reach agreement with the SEC. "This is not the deal that the creditors voted on," Glenn said. The revised deal could face "substantial opposition" from creditors, he said. The SEC did not definitively object to Celsius' bankruptcy plan before it was approved, but Celsius said the agency was unwilling to approve crypto lending and staking activity that the agency has opposed in the past.

FTX Approved to Start Selling $744 Million in Grayscale Assets

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FTX Trading Ltd. won bankruptcy court approval to begin selling its stakes in digital trusts managed by crypto firm Grayscale Investments in order to raise money to repay creditors owed billions of dollars, Bloomberg News reported. FTX plans to sell the assets in a way that maximizes the value and avoids disrupting the market for the digital investments, according to court documents. Grayscale sold investments linked to various digital currencies. The buyers didn’t hold the actual currencies, but instead got shares in trusts that Grayscale put together and managed. FTX’s stakes in the trusts were worth about $744 million as of last month, the company said in court papers. Since FTX filed for bankruptcy last year amid fraud allegations, the company’s advisers have been tracking down assets and trying to untangle a complex web of debts owed to various creditors, including customers who put cash and crypto on the trading platform. FTX’s administrators have so far recovered about $7 billion in assets, including $3.4 billion of crypto, according to court documents.

Seattle Lobbying Firm Strategies 360 Files for Bankruptcy Amid Legal Feud

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A prominent Pacific Northwest lobbying and public affairs firm has filed for chapter 11 protection amid a bitter legal dispute between estranged co-owners, the Seattle Times reported. Seattle-based Strategies 360 filed a petition on Monday in the U.S. Bankruptcy Court for the Western District of Washington in an effort to stave off what CEO Ron Dotzauer described in court filings as a hostile and humiliating takeover bid by his former business partner, Eric Sorenson. A legal fight between the two men has been brewing for years over Dotzauer’s failure to pay Sorenson $6 million as part of an agreement to buy out his former 49% ownership stake in the firm, court records show.

Bankrupt Bed Bath & Beyond Seeks $300 Million from MSC Line for Pandemic Shipping Charges

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The bankruptcy estate of Bed Bath & Beyond has filed the largest-ever lawsuit with the Federal Maritime Commission, seeking around $300 million from Mediterranean Shipping Co. for allegedly overcharging to move its cargo during the pandemic, the Wall Street Journal reported. The bankrupt retailer wants Geneva-based MSC, the world’s largest boxship operator in terms of capacity, to pay around $150 million for damages and an equal sum for what it described as exploitative and coercive behavior. Complaints by American companies are handled by the FMC, the U.S. maritime regulator. Bed Bath & Beyond filed for bankruptcy protection in April, after years of losses. It subsequently closed all of its stores and sold its brand to Overstock.com, which has taken on the Bed Bath & Beyond name. The bankrupt estate changed its legal name to DK Butterfly. The 36-page lawsuit said MSC’s performance in 2021 was “abysmal” and details how the retailer had to pay high freight rates in the spot market to get its goods shipped. It also claims that MSC failed to meet its contractual obligations in terms of pricing along with saddling the retailer with surcharges.

Long Island Diocese Proposes $200 Million Settlement of Sex Abuse Claims

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The Catholic Diocese of Rockville Centre, N.Y., has proposed a revised $200 million settlement of sex abuse claims, but faced immediate pushback on Tuesday from a U.S. bankruptcy judge who demanded more detailed financial information from the bankrupt Long Island diocese, Reuters reported. The diocese said in a Tuesday statement that its revised bankruptcy plan filed Monday was its "best and final" offer. It would pay claimants $200 million in cash, plus the potential for additional recoveries from the diocese's insurers. U.S. Bankruptcy Judge Martin Glenn in Manhattan, who is overseeing the diocese's chapter 11, and attorneys for abuse survivors called the proposal a nonstarter at a court hearing later Tuesday morning. The diocese's attempt to resolve about 600 sex-abuse claims has been stalled for months, and Judge Glenn had warned in July that he could dismiss the bankruptcy case if no progress was made. Judge Glenn on Tuesday said he would not approve a bankruptcy plan without detailed financial information from each of the approximately 130 parishes within the diocese. Abuse claimants who vote on the plan must be able to weigh the value of their claim against the resources available to the parish where their abuse occurred, Judge Glenn said.

Digital Currency Group in Deal with Bankrupt Unit Genesis to End $620 Million Suit

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Digital Currency Group struck a new repayment deal with its bankrupt subsidiary, Genesis Global Holdco LLC, as part of an agreement to end a lawsuit that sought roughly $620 million from DCG, Bloomberg News reported. Genesis lawyer Sean O’Neal said during a hearing yesterday that the deal will provide the bankrupt crypto lender with roughly $200 million in value over the next few weeks and requires DCG to complete outstanding payments in April 2024. If DCG defaults, Genesis can try to collect any unpaid amount, according to court papers. The proposed agreement is meant to resolve a lawsuit Genesis brought in September to recover outstanding loans from its parent conpany. DCG, which has been making payments to Genesis since the lawsuit was filed, still owes its subsidiary $324.5 million as of Nov. 28, according to court documents. Genesis said that the agreement will avoid months of costly litigation with its parent company and guarantees that the bankrupt crypto lender will be partially repaid what it’s owed. O’Neal said that the deal doesn’t resolve other disputes with DCG related to Genesis’s plan for resolving its bankruptcy. Genesis is also facing off in court against its former business partner Gemini Trust Co., and the two also face a suit brought against them by the U.S. Securities and Exchange Commission. Meanwhile, New York State has brought legal action against them and DCG.

MLB and Formula 1 Face Fraud Suits for Promoting FTX

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FTX investors suing the cryptocurrency exchange’s celebrity promoters for allegedly helping to facilitate an $11 billion fraud have some new targets, including Major League Baseball, Formula One racing and Mercedes-Benz Group’s racing team, Bloomberg News reported. Investors’ lawyers sued MLB — the first major sports league to sign a promotional deal with FTX in 2021 — and the other entities in U.S. federal court in Miami on Monday, accusing them of "aiding and abetting and/or actively participating in the FTX Group’s massive, multi-billion-dollar global fraud.” At one point, MLB umpires wore FTX patches on their sleeves. FTX investors who say they lost at least $11 billion in the exchange's meltdown allege that MLB, F1 and the Mercedes F1 racing team helped push the sale of unregulated securities through promotional deals with the cryptocurrency site. Company founder Sam Bankman-Fried was convicted of fraud and conspiracy earlier this month. The additions broaden a class-action suit that already includes more than two dozen celebrities who shilled for FTX in TV commercials and other events. They include big names such as ex-NFL star Tom Brady, current American League Most Valuable Player Shohei Ohtani and NBA sharpshooter Steph Curry.