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Endo Creditors Seek to Resolve U.S. Government Claims for $465 Million

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A group of Endo International lenders have proposed paying up to $465 million to settle U.S. government claims that have held up the drug company's bankruptcy restructuring, according to court documents filed this week, Reuters reported. The lender group, which includes investment firms Oaktree Capital Management, Silver Point Capital, and Bain Capital, has offered to buy Endo in exchange for wiping out $6 billion in company debt, but objections from the U.S. Department of Justice have blocked the sale from moving forward. The lenders said they have not yet reached final agreement with the Justice Department, and they are seeking financial contributions from other Endo stakeholders for the proposed settlement, according to a Monday court filing in federal bankruptcy court in New York. The lender group had previously agreed to fund nearly $600 million in settlements that Endo had reached with states and people afflicted by the U.S. opioid crisis resolving claims it helped fuel the epidemic with its painkillers.

Bankrupt Genesis Sues Crypto Firm Gemini to Recover $690 Million

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Bankrupt crypto lender Genesis Global Holdco LLC is suing Gemini Trust Co. to recover nearly $690 million that Genesis says the crypto platform withdrew from Genesis in the months before the company’s chapter 11 filing in January, Bloomberg News reported. Genesis said in a Tuesday complaint in New York bankruptcy court that the withdrawals made by Gemini were unprecedented and amounted to a run-on-the-bank that came at the expense of the crypto lender’s other creditors. The lawsuit escalates disputes in the bankruptcy between Genesis and Gemini, which collaborated on its Gemini Earn program that let clients collect about 8% interest on their digital-asset holdings. Last month, Gemini sued Genesis in an attempt to determine who rightfully owns a slug of shares in the Grayscale Bitcoin Trust now worth nearly $1.6 billion.

Sandy Hook Families Offer Alex Jones Two Ways Out of Bankruptcy

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Sandy Hook Elementary School shooting victims’ families proposed that conspiracy theorist Alex Jones wind up his bankruptcy by paying creditors at least $85 million over 10 years or undergo an orderly liquidation, Bloomberg Law reported. The Sandy Hook families, along with an official committee of Jones’ creditors, argued in court papers Wednesday that the 11-month-long bankruptcy case for the right-wing radio host should be brought to a close by February. The creditors laid out a dual-option proposal in light of what they say is Jones’ failure to advance a viable way out of chapter 11 while continuing to enjoy an extravagant lifestyle costing up to $90,000 a month. The plan, as described to the US Bankruptcy Court for the Southern District of Texas, would allow Jones to undergo an orderly liquidation of his assets or adhere to a 10-year fixed-payment plan with distributions of at least $8.5 million a year. Under the fixed-payment plan, the creditors would agree to release their roughly $1.5 billion in state court judgment awards stemming from Jones’ repeated lies that the 2012 massacre of elementary school students and teachers was a hoax. Both options contemplate preserving causes of actions against third parties affiliated with Jones and his Infowars program.

Rite Aid Bankruptcy Judge Sets March 1 Deadline to Reorganize

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Bankrupt pharmacy chain Rite Aid Corp. has until March 1 to complete its turnaround under a timeline approved by a federal judge yesterday, Bloomberg News reported. Bankruptcy Judge Michael Kaplan scheduled a final hearing that day to decide the fate of the company’s reorganization proposal. The ruling comes after complaints that the case was moving so fast it threatened to harm lower-ranking creditors, including people who claim Rite Aid wrongly sold addictive pain killers. The company, backed by senior lenders, had urged Judge Kaplan to hold the hearing in February, arguing that the longer Rite Aid stays in bankruptcy, the more likely it is to liquidate instead of finding a buyer willing to rescue the retailer. Rite Aid faced pressure from its two official creditor committees to slow the pace of the reorganization. A panel of lower-ranking, unsecured creditors and a group representing opioid victims argued that they need more time to review the $3.45 billion loan package Rite Aid says it needs to help fund its reorganization. The company has filed a proposal built on the assumption Rite Aid will have a successful pair of auctions set for December. The heart of the proposal can’t be finished until after the sale is locked down.

Spurned WeWork Landlords Push Back as Rent Negotiations Heat Up

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Some owners of WeWork Inc.’s more than 700 properties are objecting to the company’s plans to shut down many of its locations in bankruptcy, Bloomberg News reported. Objections filed yesterday pushed back on the company’s timeline for rejecting leases, and rules they say wrongly favor WeWork. For example, one landlord claims WeWork would retain the right to stay in a location, even after canceling a lease. The filings provide a fresh look at the delicate balance WeWork must strike as it seeks to renegotiate or shed onerous leases, a key part of its bankruptcy plan. It’s in talks with landlords for hundreds of properties about rent cuts and other concessions, and must be careful not to push so aggressively that landlords choose to walk away and seek new occupants. “WeWork is walking a fine line because it has to aggressively cut rent costs in order to reorganize successfully, but at the same time its future depends on maintaining healthy relationships with some of those same landlords if it hopes to strike new agreements with them after emerging from bankruptcy, ” said Evan DuFaux, a special situations analyst at the research firm CreditSights. “The case is likely to turn on the landlords’ strategy regarding renegotiation and rejection of leases.” Regulatory filings show that plans during bankruptcy discussions with creditors involved shuttering nearly half of its U.S. and Canadian locations. The company hasn’t shared new figures since filing for chapter 11, but said in a response to questions from Bloomberg that the disclosed numbers were “outdated” and didn’t reflect the “significant progress” made in talks since then.

Binance Crypto Chief Changpeng Zhao Pleads Guilty to Federal Charges

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Binance and its founder, Changpeng Zhao, pleaded guilty Tuesday to violating criminal anti-money-laundering guidelines — a staggering blow against the world’s largest cryptocurrency exchange, the Washington Post reported. The company will also pay a $4.3 billion fine, one of the largest ever levied against a corporation. The plea agreement marks the second time this month that a giant of the crypto world has been felled by federal charges. Zhao, who appeared Tuesday in U.S. District Court in Seattle, faces as much as 18 months in prison for violating the Bank Secrecy Act, according to sentencing guidelines. He will be fined $50 million and is barred from working with the exchange for three years, court filings show. Zhao also agreed to step down as chief executive of Binance. He will be replaced by Richard Teng, the company’s global head of regional markets.

Analysis: Regulators Are Coming for Rule-Breaking Crypto Founders Like Binance’s CZ

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Changpeng “CZ” Zhao has become the latest in a long line of crypto founders facing potentially significant legal consequences, Bloomberg News reported. The founder of Binance Holdings Ltd., the world’s largest crypto exchange, resigned from his post as CEO as part of a settlement agreement with U.S. prosecutors that includes the possibility of jail time. That makes him the newest member of a club that includes Sam Bankman-Fried of FTX, Alex Mashinsky of Celsius, and Do Kwon of Terraform Labs. Zhao, who founded Binance in 2017, developed a reputation for being a canny operator, a fierce competitor, and someone prone to saying things like “I don’t really care much about money” while amassing a fortune measured in the billions. Zhao’s resignation and his near-simultaneous replacement by Richard Teng, who built his reputation not in crypto but at Singapore’s central bank, is emblematic of the kind of shift in approach being pushed by regulators around the world. The landscape for digital assets appears to be shifting away from the “wild west” of crypto populated by risk-loving cowboys who seek forgiveness instead of permission, who publicly spar with the liquidators attempting to recover assets for their creditors, or who use stolen billions to lobby for policy changes.