Skip to main content

%1

Ohio Bill to Overhaul Medical Marijuana Program Could Kill Industry, Critics Warn

Submitted by ckanon@abi.org on
Growers, processors and sellers of Ohio’s medical marijuana sounded the alarm Tuesday about lawmakers’ approach to keeping the drug’s industry afloat, NBC News reported. Amid a medical marijuana program that’s hindered by a surplus of product and a dwindling patient population, Sens. Stephen Huffman (R-Tipp City) and Kirk Schuring (R-Canton) revived in January a proposal to reverse the six-year-old program’s troubling tide. But critics – including one of the first Ohioans to earn a medical marijuana license – said it could destroy the already oversaturated market. “It’s about economics 101. It’s supply and demand,” said Matt Close, executive director of the Ohio Medical Cannabis Industry Association. “And this is simply a massive marijuana expansion bill.” Senate Bill 9 would expand who’s eligible for a medical marijuana recommendation, increase the number of dispensaries and give cultivators more square footage to grow the plant. It would create the Division of Marijuana Control (DMC), a new state agency under the Department of Commerce, to lead the program – transferring current authority from three state agencies, including the State Board of Pharmacy. Huffman, who is also a doctor, helped spearhead the state’s medical marijuana infrastructure when voters legalized the drug in 2016. “In 2016, we didn’t know what we didn’t know,” Huffman said. “We made this bill (with) a lot of safeguards, and a lot of those safeguards [are] costing the business, the industry money.”

Nevada Biodiesel Refinery Files for Bankruptcy After Taxpayer-Backed Loan Default

Submitted by ckanon@abi.org on
A biodiesel refinery project in Nevada has filed for chapter 11 protection after its plans to repurpose an existing facility went over-budget, WSJPro Bankruptcy reported. Las Vegas-based Ryze Renewables II, founded in 2017, defaulted on taxpayer-backed debt after a technology it adopted to repurpose an existing biofuels refinery proved to be defective, the company said in a filing on Thursday with the U.S. Bankruptcy Court in Delaware. Ryze Renewables II planned to produce 7,500 barrels of renewable diesel a day through recycling nonedible renewable and waste feedstocks, according to court papers. Ryze took out a $198 million loan from Georgia’s Own Credit Union to partially fund a redesign of the refinery. The loan benefited from a 70% guarantee from the U.S. Department of Agriculture because Ryze used an emerging technology called Duke to help retrofit the existing refinery, court papers show. Ryze’s parent company also borrowed funds to buy the refinery site from a company called NC Industries LLC, an affiliate of Las Vegas-based contractor MMC Inc., and pledged its stake in Ryze Renewables II as collateral. As construction was under way, Ryze said it learned that the emerging technology it was using to rebuild the refinery had caused “engineering, mechanical, pollution, and safety issues, among others, at another refinery.” It scrapped its plans to use Duke, but the cost was in excess of the funds it had with a new technology it has identified to help build the refinery, the company said in the filing.

Foreign Companies’ Supply Financing to Face Greater Disclosure Rules Next Year

Submitted by ckanon@abi.org on
An international accounting standards-setter has moved up by a year the timing for when companies would have to disclose details on their supply-chain financing, a move aimed at improving transparency after several high-profile blowups in recent years, the Wall Street Journal reported. The International Accounting Standards Board, which sets accounting standards required in more than 140 global jurisdictions outside the U.S., tentatively agreed at a Feb. 20 meeting on a one-year acceleration for standards that aim to outline what companies disclose on their supply-chain finance programs. As of Jan. 1, 2024, instead of 2025, businesses subject to the standards will have to disclose details such as the size and certain terms of their supply-chain finance programs. Supply-chain finance is essentially a form of short-term borrowing to pay for goods and services from suppliers. These financing arrangements — which have been used by companies such as Boeing Co., Coca-Cola Co. and Walmart Inc. — free up cash generally without a lot of cost or effort, an advantage that can be particularly appealing as finance chiefs are looking to improve cash flow amid economic uncertainty. Under supply-chain financing agreements, which have been around for decades, banks provide funding to pay a company’s suppliers. Those suppliers are paid earlier than they would without the agreement, though also less, and the programs help them to avoid companies extending their payment terms. Companies haven’t typically needed to disclose supply-chain financing arrangements, often recording the transactions as accounts payable in their financial statements. This has led to criticism from some accounting experts that supply-chain finance programs can be used to cover up financial stress.

Bed Bath & Beyond Says It Raised More Money From Equity Deal Reached in February

Submitted by ckanon@abi.org on
Home goods retailer Bed Bath & Beyond Inc. said it raised an additional $135 million from a public equity offering announced in February, WSJPro Bankruptcy reported. The latest capital raise is part of the equity offering the Union, N.J.-based company unveiled last month, which helped pull it back from the brink of bankruptcy. As of Tuesday, the retailer had raised a total of $360 million from the equity offering, including the initial $225 million it received in February, the company said. The equity offering anchored by investor Hudson Bay Capital Management allows Bed Bath & Beyond to raise a total of more than $1 billion in installments as long as certain conditions are met. The company has used proceeds from the offering to pay down revolving credit lines and to create liquidity to support its operations. “Over the past month we have been rebuilding our financial and operational positioning to execute our customer-focused turnaround plans,” Chief Executive Sue Gove said. Last week the retailer also said it made up missed interest payments on notes. Since closing the equity offering, the company has engaged with suppliers to improve its inventory position, Ms. Gove said. The equity deal the company unveiled last month is complicated, but it essentially buys time for Bed Bath & Beyond to figure out its next steps. The equity raise allowed the retailer to avert an imminent bankruptcy filing.

Picturehouse Founder in Talks to Buy Back Chain from Cineworld

Submitted by ckanon@abi.org on
Picturehouse founder Lyn Goleby has held talks with London-based Vue International, a reported bidder for Cineworld, about buying back the chain that was sold to the bankrupt cinema operator in 2012, Sky News said on Tuesday, Reuters reported. Cineworld, the world's second-largest cinema chain operator, is currently under chapter 11 bankruptcy protection and has failed to find a buyer for the whole company. Sky News last month reported that Vue was among the bidders for Cineworld assets. On Tuesday, it said the sale of cinema chain Picturehouse could aid Vue from a competition perspective given its status as one of Britain's biggest cinema operators. Goleby, who co-founded Picturehouse Cinemas in 1989, did not immediately respond to a request for comment sent through networking platform LinkedIn. Along with exploring a sale, Cineworld is also looking at a possible plan of reorganization to fix its debt-ridden balance sheet, but neither exit path would see shareholders recover their equity interest. The company, which owns Regal in the U.S., bought U.K.-based independent movie theater operator Picturehouse for 47.3 million pounds ($56.71 million) in 2012.

Binance.US Cleared to Buy Voyager Accounts Despite SEC Warning

Submitted by jhartgen@abi.org on

Binance’s American affiliate won court approval to take over thousands of customer accounts from bankrupt crypto platform Voyager Digital Ltd. despite warnings that the Binance.US exchange faces possible regulatory action, WSJ Pro Bankruptcy reported. Judge Michael Wiles of the U.S. Bankruptcy Court in New York approved the companies’ deal, undeterred by the revelation last Friday that Securities and Exchange Commission staff have determined that Binance.US, the American affiliate of the world’s largest crypto exchange, is operating an unregistered securities exchange. The SEC staff’s view that Binance operates an unregistered exchange in the U.S. hasn’t been affirmed by the agency’s commissioners but indicates the SEC could take enforcement action. Judge Wiles on Tuesday said he couldn’t delay the deal between Voyager and Binance.US simply because the SEC is warning about possible future enforcement, especially since the agency didn’t present any evidence the companies could rebut. “The SEC didn’t say why they say Binance.US is operating as a securities broker. If we were to try to address the issue we’d have to guess,” Judge Wiles said in his ruling. The judge’s ruling clears the way for Voyager to transfer roughly $1 billion in cryptocurrency it holds to Binance.US, where customers would receive new accounts to access some of the assets that have been frozen since Voyager filed for chapter 11 last year. In court hearings that began last week, Judge Wiles considered Voyager’s plan to sell its customer accounts to Binance.US, wind up the bankruptcy case and distribute what remains of the business to its customers. U.S. state and federal regulators have voiced doubts about the viability of the proposed deal, citing risks from pending regulatory investigations of Binance.US.

Grayscale-SEC Fight Could Clear the Way for Anybody to Speculate on Bitcoin

Submitted by jhartgen@abi.org on

Federal appeals court judges in Washington, D.C., grilled the U.S. Securities and Exchange Commission on its decision to reject a proposed Bitcoin exchange-traded fund when it had earlier approved a similar product based on Bitcoin futures, Bloomberg News reported. Grayscale Investments LLC wants to convert its $14 billion Bitcoin trust, the largest investment vehicle tied to the No. 1 cryptocurrency, into an ETF. But the SEC rejected the plan in June, saying crypto markets are too ripe for fraud and manipulation. Grayscale sued, asking the DC Circuit Court to overturn a decision the company called arbitrary and discriminatory because the SEC had already approved ETFs that track Bitcoin futures. Chief Circuit Judge Sri Srinivasan, one of three on the appellate panel, asked during a hearing Tuesday why it wouldn’t always be the case that manipulation of the spot Bitcoin market would show up in futures. “It is just going to follow like the night follows the day,” Srinivasan said while questioning an SEC lawyer. Some of the judges pushed the SEC to explain why Grayscale is wrong to argue the risks of fraud and manipulation in the spot Bitcoin and Bitcoin futures markets are the same because they both rely on the same underlying pricing.

Revlon Faces Hair Relaxer Cancer Claims as Bankruptcy Nears End

Submitted by jhartgen@abi.org on

Revlon Inc. is grappling with a growing number of allegations that some of its hair products cause cancer as the cosmetics company looks to exit chapter 11 protection, Bloomberg News reported. Thousands of consumers are alleging Revlon owes them money because they used the company’s hair relaxer products and later developed cancer. But a deadline to formally lodge such claims against the bankrupt company elapsed in October — just after the National Institutes of Health published a study showing a correlation between some chemical hair relaxers and uterine cancer. On Tuesday, Revlon’s bankruptcy judge extended the deadline by which customers with certain types of cancer can file claims against the company. They now have until April 11, which will also allow them to vote on the bankrupt company’s restructuring plan later this month. “What we’ve got here in my view is a mass tort in the making,” said Sander Esserman, an attorney who spoke on behalf of various cancer claimant groups during the Tuesday bankruptcy hearing. “It’s a dynamic situation, and there will no doubt be many cases in the future as they continue to market and the women develop various forms of cancers that are contestable.” Robert Britton, an attorney representing Revlon, said the company disputes any link between cancer and its hair relaxer products. He added that the exponential growth of claims in a matter of weeks suggests that more vetting of the claimants might be needed.

Trustee for Texas Senior Living Bonds to Fight Bankruptcy Exit Plan

Submitted by jhartgen@abi.org on

A plan for the owner of a senior living community in Plano, Texas, to emerge from bankruptcy faces a creditor vote this month, a confirmation hearing in April, and opposition from the trustee for nearly $66.8 million of defaulted revenue bonds, The Bond Buyer reported. BSPV-Plano, LLC, a Texas limited liability company, filed the chapter 11 case in the U.S. Eastern District of Texas Bankruptcy Court in March 2022 after Bridgemoor at Plano, its 318-unit rental project, was beset with problems. Bond trustee The Huntington National Bank said that Bankruptcy Judge Brenda Rhoades approved the company's disclosure statement Feb. 24 despite its opposition and that it expects to file an objection to the plan's confirmation on or before March 29, according to a notice to bondholders posted Monday on the Municipal Securities Rulemaking Board's EMMA website. A court hearing on the plan's confirmation is scheduled for April 13 and 14.

120-Unit Burger King Operator Files for Bankruptcy

Submitted by jhartgen@abi.org on

Meridian Restaurants Unlimited, a roughly 120-unit Burger King franchisee, declared bankruptcy earlier in March, QSR Magazine reported. The restaurants are across Utah, Montana, Wyoming, North Dakota, South Dakota, Minnesota, Nebraska, Kansas, and Arizona. Meridian also franchises with Black Bear Diner, but that part of the business is not under bankruptcy proceedings. Meridian attributed its cash flow issues to increased wages (33 percent in the past few years), cost of labor, shipping, and food inflation (22 percent in the past two years), and decreased availability of staffing. For several years — mostly because of COVID — the company has "suffered significantly" from declining foot traffic. This has resulted in lower revenues, without proportionate decreases in rent, debt service, and other liabilities, according to court documents. Meridian has lower revenues than the system average because the original founder acquired underperforming restaurants. "These lower volumes result in smaller profit margins, and thus greater sensitivity to the recent dramatic rise in labor, commodity, and maintenance costs," court documents state. "As a result, although certain of the restaurants are profitable, others operate at a loss, and have for many years, resulting in the Debtors' inability to meet financial obligations timely."