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Mattress Maker Serta Simmons Files for Chapter 11 Bankruptcy

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Serta Simmons Bedding is seeking bankruptcy protection in an effort to trim its debt load following an earlier out-of-court restructuring, Bloomberg News reported. The Atlanta-based mattress maker filed in the Southern District of Texas on Monday. The chapter 11 filing allows Serta to continue operating while implementing a deal, backed by a majority of lenders and shareholders, to cut its debt to $300 million from $1.9 billion, the company said in a statement. The firm also obtained a $125 million debtor-in-possession ABL credit facility, it said. Facing financial distress amid the pandemic, Serta agreed on a previous restructuring with creditors in 2020 that added $200 million of fresh capital while allowing some lenders to jump to the front of the repayment line. Other lenders were pushed back, a process known as priming. A group of funds including Angelo Gordon & Co. and Apollo Global Management sued Serta and rival lenders in the hopes of invalidating the transaction. The company’s debt, which stems from a roughly $3 billion leveraged buyout by Advent International in 2012, has hobbled the retailer. Confidential talks over a restructuring plan started late last year, Bloomberg earlier reported.

Bankrupt Crypto Lender Genesis Expects Quick Deal With Major Creditors

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Bankrupt crypto lender Genesis Global Capital LLC expects a deal with major creditors to come together within days to provide a framework for a possible sale of the lending business or a restart of operations, WSJ Pro Bankruptcy reported. Lawyers for the bankrupt crypto lender said in a court hearing that Genesis has been in round-the-clock negotiations with its parent company and largest borrower, Digital Currency Group Inc., as well as creditors and other stakeholders, but couldn’t seal a restructuring settlement before filing chapter 11 last week. “We are quite close,” said Sean O’Neal, a lawyer for Genesis, at Monday’s hearing in the U.S. Bankruptcy Court in New York. Absent a resolution “within the next few days,” Genesis will return to bankruptcy court to seek the appointment of a mediator, Mr. O’Neal said. A resolution with institutions that put their clients’ money with Genesis is important to jump-start other parts of its chapter 11 exit framework, including the marketing of its assets for sale and a possible capital raise, he said. Genesis Global Holdco and its subsidiaries Genesis Global Capital LLC and Genesis Asia Pacific Pte. Ltd. filed for chapter 11 largely because of their entanglements with failed crypto exchange FTX and hedge fund Three Arrows Capital. Genesis took deposits from institutional customers and lent those assets out, often to hedge funds for speculation on crypto markets. The company’s chapter 11 filing doesn’t cover its derivatives, spot trading, custody and brokerage arms, which continue business as usual.

The Unknown Hedge Fund That Got $400 Million From Sam Bankman-Fried

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Not long before FTX collapsed in November, its founder, Sam Bankman-Fried, sent $400 million to an obscure cryptocurrency trading firm called Modulo Capital, the New York Times reported. The fledgling firm, which was founded in March and operated out of the same Bahamian compound where Mr. Bankman-Fried lived, had no track record or public profile. One of the founders, Duncan Rheingans-Yoo, was only two years out of college. His business partner, Xiaoyun Zhang, known as Lily, was a former Wall Street trader who had previously been romantically involved with Mr. Bankman-Fried, according to four people with knowledge of their relationship. Now, Modulo is emerging as a crucial part of the investigation by federal prosecutors into Mr. Bankman-Fried and his once giant cryptocurrency exchange. They’re examining whether he used FTX’s customer funds to invest in the little-known firm when his existing hedge fund, Alameda Research, was struggling amid a wider crypto industry downturn. The $400 million outlay was one of Mr. Bankman-Fried’s single largest investments.

Boy Scouts Selling Off Storied Camps Under Pressure from Sex-Abuse Claims, Bankruptcy — And Locals Are Worried

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Camp Trexler drapes across 755 sylvan acres in the Poconos where, for a century, Boy Scouts have enjoyed swimming, making campfires, and hiking. But the forested land, complete with lake, is expected to soon go up for sale with zoning that could transform it into a housing development amid the rural hamlet of Jonas in Polk Township, Monroe County, the Philadelphia Inquirer reported. The camp’s owner, the Minsi Trails Council of the Boy Scouts, is one of 250 local councils across the United States under pressure to pay toward a $2.5 billion national sex-abuse settlement that led to the organization’s bankruptcy. Some scout groups are cash-poor but land-rich, prompting them to put thousands of acres for sale. The sales have set off a mad scramble as the scouts try to sell to the highest bidder, while conservationists rally to preserve what they can. The best scenario, conservationists say, is to have the lands bought by states and folded into public lands. It’s no trivial matter: Scouting organizations own about 17,000 mostly forested acres in Pennsylvania alone. The Boy Scouts of America filed chapter 11 protection in February 2020 after states began allowing sex-abuse victims to sue over claims stretching back decades. More than 82,000 abuse claims have been filed against the scouts. The organization says 85% or more of those claims are from before 1990, predating modern child protection policies. Most of them date to the 1970s. Victims who became creditors in the bankruptcy reorganization stand to gain parts of a $2.46 billion settlement trust for victims. The national scouts organization and its 250 local councils are on the hook for $820 million. A federal district judge still needs to give final approval to the plan, which also calls for contributions by insurance companies.

Judge Approves FTX Bankruptcy Counsel, Dismisses Conflict Claims

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Sullivan & Cromwell LLP won court approval to continue representing FTX in bankruptcy following weeks of scrutiny about work the law firm did for the crypto exchange and former executives before the company’s collapse in November, WSJ Pro Bankruptcy reported. Judge John Dorsey of the U.S. Bankruptcy Court in Wilmington, Del., said Friday there is no evidence of any conflicts of interest that would warrant removing Sullivan from the bankruptcy case. Judge Dorsey rejected a challenge brought by two customers of the exchange who argued the law firm’s past work for FTX and its co-founder and former Chief Executive Sam Bankman-Fried should have disqualified it from representing the company in bankruptcy. The decision caps weeks of intense scrutiny of the law firm over its previous connections to the company. A bipartisan group of U.S. senators and the Justice Department’s bankruptcy watchdog this month both sought more information on the law firm’s previous relationship with FTX. Sullivan resolved the questions after providing a sworn statement by one of its lawyers detailing its past work for FTX.

U.S. Seizes Additional Assets Tied to Bankrupt FTX

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Federal authorities said on Friday they have seized additional assets tied to FTX, continuing an effort to take control of hundreds of millions of dollars in the U.S. tied to the failed crypto exchange, WSJ Pro Bankruptcy reported. In a filing with the U.S. Bankruptcy Court in Wilmington, Del., the Justice Department said it has seized $56 million in U.S. currency and 87 million euros, equivalent to roughly $94.5 million, from accounts at Moonstone Bank and Silvergate Capital Corp. The amount was in addition to the 55.3 million shares of brokerage Robinhood Markets Inc. and $20.7 million in U.S. currency that the Justice Department said earlier this month it had seized from an account at financial brokerage firm ED&F Man Capital Markets, court records show. FTX and BlockFi, a crypto lender that also filed for bankruptcy, are disputing the ownership of the Robinhood shares. The U.S. government has forcefully taken control of some of the assets tied to FTX since its bankruptcy in November as the battle over control of the remaining funds heats up. Authorities are also investigating FTX founder Sam Bankman-Fried over charges that include wire fraud, conspiracy to commit money laundering and securities fraud, and conspiracy to defraud the U.S.

Crypto Lender Genesis, Felled By Bank Run, Eyes Quick Bankruptcy

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Crypto lender Genesis Global Holdco LLC is aiming for a relatively quick exit from bankruptcy court after collapsing under the force of a prolonged selloff in digital assets, Bloomberg News reported. The company, backed by Barry Silbert’s Digital Currency Group, filed for chapter 11 bankruptcy in New York late Thursday. It entered court protection with a restructuring plan already drawn up, with hopes to implement it no later than May 19, bankruptcy filings show. Genesis will try to sell itself and distribute the proceeds to creditors, according to a statement. If a sale isn’t viable, creditors would receive stock in the restructured company. That plan isn’t final and requires approval from a federal judge, as well as input from any creditors getting hurt along the way. These include Gemini Trust Co., the crypto firm run by Tyler and Cameron Winklevoss, who have been pushing Silbert to make good on $900 million of its customers’ funds that have been trapped since Genesis ran into trouble in November. If successful, the four-month restructuring would amount to a much faster process than has been seen for other collapsed crypto lenders like Voyager Digital Ltd. and Celsius Network LLC. Genesis is seeking bids for all of its assets no later than April 14, the court papers show.

AMC Seeks New Lifeline After Meme-Stock Bubble Pops

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The meme-stock phenomenon is on its last legs, and no company is feeling the comedown more than movie-theater chain AMC Entertainment Holdings Inc., WSJ Pro Bankruptcy reported. AMC deftly surfed the meme-stock wave to raise billions of dollars and help it avoid bankruptcy during the pandemic, but its shares have sunk back to roughly where they were trading before the company caught fire in the online trading community. Box-office receipts are falling short, and the meme-stock premium that helped AMC raise fresh capital has all but evaporated. The Leawood, Kan.-based company’s market capitalization is now about $5 billion, down from more than $31 billion at its 2021 peak. Institutional investors are indicating that a debt default is probable, pricing AMC’s senior debt at less than 65 cents on the dollar. With cash having dwindled over the past year, AMC will soon ask its investors to approve a transaction that could help it defy the odds once again. The proposed deal involves the conversion of preferred equity units into common shares, a reverse stock-split, and a possible increase in the amount of new shares AMC can sell. The transaction would likely result in diluting shareholders’ stakes, but could also give the company another way to raise capital as the movie-theater industry struggles to return to prepandemic attendance levels. Shareholders are expected to vote on the proposal in mid-March.