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Oklahoma Bank, Former VP Allegedly Aided DFW Home Flipper’s Ponzi Scheme, According to Bankruptcy Trustee

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A bankruptcy trustee is alleging a DFW home flipper perpetrated a Ponzi scheme — with the participation or knowledge of the former regional executive vice president of Valliance Bank — that saw the bank paid back in full but defrauded investors out of at least $3 million, the Dallas Business Journal reported. In the litigation that’s ongoing in bankruptcy court in Phoenix, Arizona, trustee James Cross has set his sights on the bank itself and its former chief lending officer and executive vice president for Texas, Shelby Bruhn, in trying to recoup funds for the investors allegedly duped by Skyler Aaron Cook. The bank and Bruhn have denied the allegations and moved to dismiss them, a request U.S. Bankruptcy Judge Eddward Ballinger Jr. denied. “I don’t know whether this case can be resolved by way of summary disposition,” Ballinger said at a brief hearing in October. “Maybe yes, maybe no, but I don’t believe it can be resolved by way of a motion to dismiss…. If you think you’ve got a summary judgment motion, well, bring it on, and that will force the other side to put up the evidence and we can find it out.” Cross has alleged, in support of the claim that a Ponzi scheme was ongoing, that Cook bounced checks at Valliance Bank at least 257 times between January 2019 and August 2019.“Despite the incredible series of substantial overdraws and suspicious Ponzi activity in the Cook Enterprise accounts for close to a year, Valliance managed to prolong the existence of the Cook Enterprise to assure that Valliance received payment in full at the expense of all other creditors of the Cook estate,” the trustee argued in a July response to the motion to dismiss.

Analysis: How the Marijuana ‘Green Rush’ Fell Apart

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The legal cannabis trade, still in its infancy, is flailing in many parts of the country as the pandemic boom that sent sales soaring has tapered off, the Washington Post reported. Supply is now flooding the market in several states, economists say, depressing prices and decimating already-thin margins. And competition is sure to escalate as decriminalization spreads, large growers adopt more cost-effective technologies and the illegal market not only endures, but thrives. The turmoil is mostly lost on consumers because weed is the rare commodity untouched by the pervasively high inflation blanketing most other goods and services. In fact, retail prices have fallen 10 percent this year in California, the nation’s largest market. It also compounds the challenges unique to this industry: Because marijuana remains illegal federally, businesses must navigate a labyrinth of overlapping regulations — creating confusion and occasionally chaos. Essentially unable to raise prices, many cultivators and vendors are slashing them in hopes of generating any cash at all. By many accounts, the industry is struggling against unprecedented uncertainty and poised for what Keats is calling the “Great Reset.” 

The Dramatic Fall of Carvana, "The Amazon of Used Cars"

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The online used car seller's stock has lost more than 98% of its value this year, and yet Carvana had the wind in its sails at the end of 2021, The Street reported. The company was Amazon's counterpart in the automotive industry. It had become the place where consumers went to buy or sell a used vehicle. The company's business model was in perfect symbiosis with an economy that had moved online due to the restrictions to limit the spread of the pandemic. The sector of used cars had a bad reputation, but Carvana vowed to change it with its innovative business model, in the hope that it would win the trust of customers who are looking for a used vehicle. The Tempe, Ariz.-based company says it has found the formula that will make buying a second-hand car a satisfying transaction for its customers. Carvana wants to be the one-stop-shop for used cars. In fact, the company offers its customers a turnkey purchasing solution: it takes care of the inspection of the cars it buys for resale, repairs if necessary, financing and selling. Each vehicle can be viewed under a glass thanks to patented 360-degree imaging technology. Using one of these vending machines, the customer can easily pick up their new car while dropping off the old one. Alternatively, Carvana will deliver the purchased vehicles directly to the consumers. Each vehicle comes with a seven-day return policy. This model gave Carvana an advantage, because the U.S. used car market is extremely fragmented. The problem is that the company didn't seem to have anticipated headwinds: The downturn in the used car market, in particular, a possible recession and a sudden rise in interest rates, which would make car loan financing expensive, represent a normalization of the new market.

Hess Beats Challenge to Virgin Islands Unit’s Asbestos Bankruptcy Filing

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A bankruptcy judge allowed a Hess Corp. subsidiary to stay in chapter 11 to resolve mass asbestos injury claims stemming from an oil refinery the company previously owned in the U.S. Virgin Islands, WSJ Pro Bankruptcy reported. Judge Marvin Isgur of the U.S. Bankruptcy Court in Houston ruled against asbestos-injury claimants who had challenged the chapter 11 filing by Honx Inc., a defunct Hess unit that once operated the company’s oil refinery on the island of St. Croix. The judge said in his ruling that Honx didn’t file for bankruptcy in bad faith, and that the use of chapter 11 as a way to settle mass asbestos liabilities is “a forward-looking solution meant to treat fairly all parties in interest.” In September, lawyers for hundreds of injury claimants had petitioned to throw out the chapter 11 case, arguing that it was filed in bad faith because Honx has no business and no real prospect of reorganization. The bankruptcy was only filed to shield Hess from pending and future asbestos litigation by placing a defunct, nonoperating subsidiary in chapter 11, they said. Honx’s lawyers said that as a responsible corporate parent, Hess is funding the subsidiary’s bankruptcy process to resolve mass asbestos claims, as dozens of other businesses have done since the 1980s. Hess and its affiliates have faced asbestos litigation for decades from contractors and employees who worked at the St. Croix refinery. Between 1995 and 2018, the business settled about 1,100 claims, according to Honx, which changed its name from Hess Oil Virgin Islands Corp., shortly before entering bankruptcy in April.

Op-Ed: The Latest Signs that California’s Leaders Have Given Up on Holding PG&E Accountable

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With multiple criminal convictions for disasters that killed people, destroyed property and devastated communities, you might think that Pacific Gas and Electric Co. would finally be held accountable by California’s leaders, but you would be wrong, according to an op-ed in the Sacramento Bee. Despite PG&E’s long record of catastrophe and failure, Gov. Gavin Newsom and other California politicians have been undercutting their promises to hold the company accountable, shoveling tax dollars into its pockets and leaving us all less safe. After 85 people were killed in the Camp Fire, which leveled the Butte County community of Paradise in 2018, PG&E went into chapter 11 bankruptcy. The Reclaim Our Power Utility Justice Campaign, our diverse coalition of fire survivors, was among those demanding a new energy future that values lives over corporate profits. Feeling the pressure, Newsom proclaimed that the era of PG&E greed and mismanagement was over. And with PG&E in bankruptcy, California had the leverage to set the terms of our energy future. But after the cameras were turned off, Newsom quietly backed down and handed the keys back to PG&E, according to the op-ed. This month, for example, Newsom’s appointees on the California Public Utilities Commission voted to remove PG&E from enhanced oversight. The company was released from that regulatory probation despite its role in the 2020 Zogg Fire in Shasta County, for which the company faces further criminal charges; the following year’s Dixie Fire, which started in Butte County and became California’s second-largest on record; and, apparently, this year’s Mosquito Fire in Placer and El Dorado counties, for which the company is under federal investigation.

More Companies Backed by Private-Equity Firms Filed for Bankruptcy in the U.S. in 2022 Compared to Previous Year

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More companies backed by private-equity firms filed for bankruptcy in the U.S. in 2022 compared to the previous year, but the total number of restructurings remained relatively low, according to data from S&P Global Market Intelligence, Marketwatch reported. The tally for private-equity portfolio companies filing for bankruptcy increased to 49 in 2022 from 42 in 2021, according to data released Tuesday by S&P Global Market Intelligence. The share of private equity-backed companies to go bankrupt compared to the total number of bankruptcies increased to 6.6% of total filings in the U.S. in 2022, from 3.5% of the total in 2021. In 2020, 123 private equity-backed companies filed bankruptcy proceedings, compared to 69 in 2019 and 53 in 2018. Among the 49 private equity portfolio companies that went bankrupt in 2022, the consumer sector accounted for 15 bankruptcies as the most impacted subsector, followed by 11 deals from the health care sector.