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Johnson & Johnson is facing a key test of its plan to use the U.S. bankruptcy system to end more than 60,000 claims that a talc-based baby powder it sold for years causes cancer, Bloomberg News reported. A group of cancer victims is asking a federal judge in New Jersey to throw out, for the second time in less than two years, the insolvency case of LTL Management, a unit that J&J created to settle lawsuits over talc-based baby powder for $8.9 billion. Tuesday marks the start of a trial in which Bankruptcy Judge Michael Kaplan will again decide whether J&J is wrongly using bankruptcy laws to force a settlement. The bankruptcy court strategy has split lawyers suing J&J into two camps: those who back the settlement and are ready to drop their lawsuits, and holdouts who want to take their claims to juries around the country instead. Last year Kaplan sided with J&J against a unified band of the top plaintiff’s law firms in the U.S., but was overruled by a federal appeals court in Philadelphia, which ordered the judge to dismiss LTL Management’s first chapter 11 bankruptcy petition. J&J responded by tweaking its legal strategy and raising its settlement offer to $8.9 billion in order to attract support from cancer victims. LTL returned to bankruptcy in April and Kaplan agreed to hold a hearing to decide if the new case fixed the legal flaws that doomed the first effort.

U.S. electric truck manufacturer Lordstown Motors filed for bankruptcy protection on Tuesday and put itself up for sale after failing to resolve a dispute over a promised investment from Taiwan's Foxconn, Reuters reported. Shares of Lordstown tumbled 35.6% in pre-market trading. The automaker, named after the Ohio town where it is based, filed for chapter 11 protection in Delaware and simultaneously took legal action against Foxconn. In a complaint filed in bankruptcy court, Lordstown accused the electronics company of fraudulent conduct and a series of broken promises in failing to abide by an agreement to invest up to $170 million in the electric-vehicle manufacturer. Foxconn previously invested about $52.7 million in Lordstown as part of the agreement, and currently holds an almost 8.4% stake in the EV maker. Lordstown contends Foxconn is balking at purchasing additional shares of its stock as promised and misled the EV maker about collaborating on vehicle development plans.

Sam Bankman-Fried’s crypto conglomerate made “false statements” to banks about accounts commingling customer funds and fired an employee who raised concerns about the practice, the new management of bankrupt FTX alleged in a report Monday, Bloomberg News reported. FTX Group employees lied to banks about using trading firm Alameda Research’s accounts for FTX.com customer transactions after some banks questioned Alameda’s wire activity in 2020 and began rejecting transfers, according to the report. In one instance, a bank representative — noticing references to FTX — asked whether an Alameda account that received customer deposits would be used to settle trades for FTX. An Alameda employee was then directed by a senior FTX executive to lie and say customers “occasionally confuse FTX and Alameda,” but all incoming and outgoing wires are used to settle Alameda trades, the report said. The tangled relationship between FTX and Alameda was at the heart of the empire’s unraveling. Caroline Ellison, the former CEO of Alameda Research, estimated in March 2022 in private notes that FTX.com had a cash deficit alone of over $10 billion, the report said.
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In related news, one creditor of bankrupted cryptocurrency exchange FTX decided not to sit and wait to get their money back. Instead, the unidentified creditor of a FTX bankruptcy claim worth $31,307 converted the claim to a token on the Ethereum blockchain and sold it to a buyer who on June 23 used the token to borrow $7,500 worth of stablecoin USD, according to nonfungible token lending platform Arcade, Bloomberg News reported. A number of high-profile bankruptcies in the digital-asset space, not just the FTX insolvency, has left millions of investors frustrated over how much money they’ll be able to recover. Solutions to temporarily reduce the pressures have been popular in the crypto industry. By putting the claim on the blockchain, the ownership of the claim is represented by an NFT. Activity history on NFT marketplace OpenSea shows that the NFT was originally sold at a value worth about $12,163.33 in a version of Ether token, at the time. The “tokenization” process was facilitated by Found, a platform that allows users to trade tokenized bankruptcy claims. The lender of the loan ultimately decides the value of the NFT as a collateral, Gabe Frank, founder of Arcade told Bloomberg News. The loan is now set to be repaid in five days, according to Arcade, and in the event of a payment default, the lender can take the NFT, therefore, the ownership of the bankruptcy claim.
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FTX Chief Executive John J. Ray III released a report that alleged an unnamed senior lawyer assisted the crypto exchange’s founder, Sam Bankman-Fried, in misusing customer deposits, the Wall Street Journal reported. Based on the actions that the report alleges, the unnamed lawyer in the document appears to be FTX’s former chief regulatory officer, Daniel Friedberg, people familiar with the matter said. Friedberg has been cooperating with the investigation and didn’t know about the misuse of FTX customer funds, said one of the people, who is close to Friedberg. The report alleged that the lawyer and Bankman-Fried lied to banks and auditors, executed false documents, and moved between jurisdictions to avoid detection of wrongdoing. The exchange owed customers $8.7 billion at the time of its collapse, the report said.

Buy Buy Baby, the baby goods retailer owned by Bed Bath & Beyond, has been attracting interest ahead of its bankruptcy-run auction. But suitors are cooling on keeping its stores open, CNBC.com reported. Last week, Bed Bath & Beyond said in court papers there would be a bankruptcy-run auction Wednesday for Buy Buy Baby’s assets. Bed Bath had its own auction this week, with Overstock.com agreeing to buy for the brand’s intellectual property and digital assets. Divvying up the company’s banners into two auctions came as interested buyers continue to weigh offers for Buy Buy Baby, some that included keeping stores open, according to people familiar with the matter, who were not authorized to speak publicly due to the private nature of the negotiations. But as the auction nears, interest in keeping Buy Buy Baby’s stores open has waned. In particular, the expenses behind running the stores – leases, overhead costs, salaries – make it difficult to reach profitability if Buy Buy Baby’s stores were acquired along with its intellectual property, one of the people said. “There’s not a profitable model where you only have 10 stores or 40 stores,” the person said. Buy Buy Baby had approximately 120 stores, according to court papers.

Wintermute Trading Ltd., one of the biggest cryptocurrency market makers, was accused in a proposed class-action lawsuit of helping former Celsius Network Ltd. Chief Executive Officer Alex Mashinsky dupe investors in his now-bankrupt crypto lending firm, Bloomberg News reported. Plaintiffs who sued Mashinsky and other Celsius executives in July 2022 amended their federal lawsuit in New Jersey this week to add London-based Wintermute as a defendant, entangling another major industry player in the fallout from Celsius’s collapse. According to the lawsuit, Wintermute engaged in “wash trading” — which creates the illusion that an asset is trading far more often than it actually is — and other improper activities starting in March 2021 to inflate the value of Celsius’s native CEL token and loan products. Wintermute also played a key role in Mashinsky’s futile effort to prop up CEL in May 2022 after the collapse of the Terra and Luna tokens, the investors alleged. “This wash trading activity corrupted the CEL Token prices, as well as the reported trading volume, all in a strategic pattern to deceive investors,” lawyers for the investors said in the suit. Celsius froze all accounts on June 13, 2022, and filed for bankruptcy the next month amid a $2 trillion market crash that wiped out some of the industry’s biggest names and exposed hundreds of thousands of investors to steep losses.

Bankrupt FTX Trading Ltd. is suing to recover $700 million that the failed crypto exchange paid venture capital firm K5 Global and its principals after they provided access to celebrities and politicians, Bloomberg News reported. K5 Global founder Michael Kives and managing member Bryan Baum allegedly profited by ingratiating themselves with former FTX Chief Executive Officer Sam Bankman-Fried, who transferred vast sums from FTX to K5 and related ventures without meaningful due diligence, according to FTX’s lawsuit, filed Thursday in Delaware bankruptcy court. Bankman-Fried “was captivated” by Kives after attending a February 2022 dinner party at his house alongside guests including former politicians and a “centibillionaire CEO.” Days later, Bankman-Fried attended a Super Bowl party that included well-known celebrities, the lawsuit said. In an internal note Bankman-Fried drafted shortly after the events, he said Kives and Baum were “something of a one-stop shop for relationships that we should utilize” and that in exchange, the pair wanted him and FTX to consider celebrity endorsements with their friends and “maybe us to invest in them or some stuff, idk.” Read more.

In related news, a group of media organizations on Friday appealed a court decision that allows collapsed crypto exchange FTX to keep customer names secret during its bankruptcy case, Reuters reported. U.S. Bankruptcy Judge John Dorsey in Wilmington, Delaware, ruled earlier this month that FTX did not have to reveal its customers' names because doing so could expose them to identity theft and other scams. Bankrupt companies are typically required to reveal the names of their creditors and the amounts of debt they hold, including those of individual customers, but U.S. bankruptcy law contains an exception for information that would create undue risk of identity theft or other injury. Bloomberg, Dow Jones & Company, the New York Times Company and the Financial Times appealed Dorsey's ruling. Their attorneys have argued that FTX is not entitled to a "novel and sweeping exception" to bankruptcy's typical disclosure requirements simply because its customers used cryptocurrency. Read more.

The U.S. Securities and Exchange Commission has agreed to postpone the payment of a $30-million fine from bankrupt crypto lender BlockFi until creditors are paid back. The amount represents the balance of a $50-million settlement with the regulator from February 2022, CoinTelegraph.com reported. According to June 22 court filings, the SEC will forgo the amount owed by BlockFi to “maximize” and avoid delays in funds’ distribution to investors “until payment in full of all other Allowed Claims.” The document stated, “The Commission has agreed to forego participating in any distributions under the Plan or requiring any cash reserve in connection with such distributions.” In February 2022, the SEC announced actions against the crypto lending company over its failure to register its high-yield interest accounts as securities. BlockFi agreed to pay $50 million to the regulator as part of the settlement and another $50 million to 32 U.S. states filing similar complaints. According to court documents, the SEC was at the top of BlockFi creditor’s list, along with West Realm Shires Services Inc. (doing business as FTX US). BlockFi filed for chapter 11 bankruptcy protection in late November after the FTX crisis raised questions about its financial health. According to its bankruptcy filing, BlockFi had $256.9 million in liquidity at that time.

Western Global Airlines LLC is weighing options including filing for bankruptcy as it faces dwindling liquidity, Bloomberg News reported. The cargo airline began confidential talks with some of its creditors related to its financing needs last month, Bloomberg previously reported. A final decision hasn’t been made, and the situation could change. A representative for Estero, Florida-based Western Global declined to comment. One of the smaller air cargo providers in the U.S., Western Global has been burning cash amid cooling demand. It’s been dealing with labor shortages that blocked the company from using certain routes to Asia, which led to soaring fuel costs, according to a March note from Moody’s Investors Service. The company had $400 million in aircraft assets and a fleet of 21 aircraft as of September, according to Moody’s. All of the airline’s assets, however, are encumbered, limiting its ability to raise new financing.