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WakeMed Breached Confidentiality of Thousands of Patients

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WakeMed Health and Hospitals will soon notify thousands of patients that their personal and medical information was disclosed in court filings over six years, the Charlotte (N.C.) News & Observer reported today. A federal bankruptcy court in Raleigh ordered the Raleigh hospital to send out the letters and to offer each patient one year of free credit monitoring. The court last month fined WakeMed $70,000 for disclosing Social Security numbers, birth dates and the full name of at least one minor in claims it had filed in federal bankruptcy courts to collect unpaid medical bills. WakeMed had disclosed the identifying patient information from 2007 to 2015. There is no evidence that anyone discovered the personal information in bankruptcy court dockets and used it to commit identity theft or some other abuse. However, U.S. Bankruptcy Judge Stephani Humrickhouse wrote in a court ruling that an organization like WakeMed that regularly participates in bankruptcy proceedings should have been a lot more careful.

Claire’s Gets Waiver Amid Advanced Talks to Push Debt Swap

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Claire’s Stores Inc., the retailer owned by Apollo Global Management LLC, said it’s now in “advanced discussions” with a key lender about allowing its stalled recovery plan to proceed after missing a debt payment, Bloomberg News reported yesterday. The lender waived declaring a default as the tween jewelry chain continues to negotiate changes to its Europe credit facility, according to a regulatory filing yesterday. The accord with the unspecified lender would include consents to complete a debt swap and obtain cash, Claire’s said. Claire’s also received a waiver from lenders to its U.S. credit line, assuming the company is able to complete the pending exchange offer, according to the filing. Without the waivers, the retailer would have been in violation of covenants governing its fixed-charge cover ratio under the European credit facility and the total net secured leverage ratio under the U.S. credit line as of July 30, Claire’s said. The company missed $77 million of interest payments due Sept. 15 on some of its notes, citing the European lender’s refusal to approve the pending debt swap, and said it would use a 30-day grace period to find a solution. Read more

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NextEra Sweetens Deal for Energy Future’s Oncor

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NextEra Energy Inc. has boosted its offer for Energy Future Holdings Corp.’s Oncor electricity transmission business by $300 million, quieting creditor worries about the sale that will be the key to getting the Dallas company out of bankruptcy, the Wall Street Journal reported today. Over the weekend, NextEra agreed to increase the cash component of its deal to $4.4 billion from $4.1 billion. Additionally, NextEra is making other changes to the proposed Oncor buyout that will allow Energy Future creditors to receive $450 million more from the sale of the crown jewel business than previously planned. The changes were made in a 48-hour flurry of activity, Energy Future lawyer Chad Husnick told Judge Christopher Sontchi at a hearing Monday in the U.S. Bankruptcy Court in Wilmington, Del., to approve the deal. Judge Sontchi authorized Energy Future to move ahead on the NextEra deal after lawyers lined up to speak in favor of it.

Claire’s Misses Debt Payment as Lender Balks at Bond Swap

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Claire’s Stores Inc. missed a bond payment deadline, leaving the troubled retailer owned by Apollo Global Management LLC 30 days to avert a default and possible bankruptcy, Bloomberg News reported on Friday. The company missed $77 million of interest payments due Sept. 15 on some of its notes after one of Claire’s lenders declined to approve a bond exchange that makes up a key part of the chain’s turnaround plan, according to a regulatory filing. The company has a 30-day grace period to come up with the payment. Claire’s also needs the European lender’s consent to get cash “to fund its near-term debt service and other obligations,” the retailer said. Claire’s has been saddled by debt it took on in Apollo’s 2007 leveraged buyout. Read more

Does bankruptcy still work for retail? Listen to the perspectives of bankruptcy judges and top practitioners at ABI’s Views from the Bench in Washington, D.C. on October 7. Register here

Hercules Offshore Overhauls Plan to Improve Shareholder Recovery

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Hercules Offshore Inc. sweetened shareholders’ payout in its bankruptcy after a battle led by distressed investor Centerbridge Partners, the Wall Street Journal reported today. The offshore oil-and-gas driller on Thursday submitted an amended debt-payment plan that offers a cash payout of $15 million to shareholders who rejected a previous plan. Depending on the success of the sales of Hercules’ rigs and other assets, however, shareholder recoveries could rise as high as $138 million, according to an analysis by Hercules investment bankers at PJT Partners. A prior analysis of potential asset sale outcomes by PJT had forecast a shareholder recovery of $0 to $27 million, court papers show. Led by Centerbridge, shareholders teamed up to oppose a plan they said would give Hercules senior lenders a “massive windfall” in the company’s second chapter 11 filing in as many years. Court papers show mediation led by U.S. Bankruptcy Court Judge Christopher Sontchi produced a settlement in which lenders agreed to reduce about $546 million in claims by $32.5 million. The deal also includes a pledge from the lenders to allow the shareholders to receive the $15 million in cash before the lenders are paid. General unsecured creditors are expected to be paid in full. Read more. (Subscription required.) 

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Michael Dell-Backed Noble Environmental Files for Bankruptcy

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Noble Environmental Power LLC, a wind-energy company backed by billionaire Michael Dell, filed for bankruptcy protection yesterday in a debt-for-equity restructuring deal, the Wall Street Journal reported today. Noble entered chapter 11 protection with a restructuring deal that gives sole control of the Centerbrook, Conn., energy company to Dell Inc. Chairman and Chief Executive Michael Dell’s investment operation, MSD Capital. MSD Capital, which already owns 54 percent of Noble, will take a 100 percent stake in the reorganized wind-energy company. In exchange the investment company will forgive about 10 percent, or $21.5 million, of the $215 million in debt it’s owed, said Kay McCall, Noble’s chief executive, in court papers.

Delivery Agent Files for Bankruptcy, Seeks Buyer

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Delivery Agent, a company that helps entertainment and sports operations sell products online, filed for chapter 11 bankruptcy protection Thursday, after hopes of an initial public offering of stock fell through, the Wall Street Journal reported today. Hillair Capital Investments L.P., which stepped up with rescue financing late last year, is set to lead a bankruptcy auction for the business. Hopes are that the chapter 11 filing will spur interest in Delivery Agent, allowing a sale free and clear of the more than $65 million in unsecured debt weighing on the company’s balance sheet. The idea behind the San Francisco-based company is to help TV, music and other entertainment companies sell products to consumers, through online technology. Delivery Agent is connected to hundreds of digital commerce storefronts, offering thousands of products relating to TV shows, movies, music, sports and artists. Besides its proprietary e-commerce technology platform, the company provides in-house services including website operations, product design, development, merchandising, order fulfillment, and customer service.