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Sandy Hook Denier Alex Jones Eyes Late March Bankruptcy Exit

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Sandy Hook conspiracy theorist Alex Jones could exit chapter 11 bankruptcy by late March or early April, his lawyer said on Wednesday after a judge decided families whom he owes $1.5 billion for lying about the 2012 school shooting can vote on competing plans to resolve their claims, Reuters reported. Bankruptcy Judge Christopher Lopez in Houston allowed Jones to solicit votes on a proposal that would pay at least $55 million to the relatives of 20 students and six staff members killed in the 2012 mass shooting at Sandy Hook Elementary School in Newtown, Conn. Jones, who hosts a radio show, claimed for years that the massacre was a hoax, staged with actors as part of a government plot to seize Americans’ guns. He has since acknowledged the shooting occurred, but the families, who said Jones cashed in for years off his lies, sued him for defamation. Courts in Connecticut and Texas have ruled that Jones intentionally defamed them and have ordered Jones to pay $1.5 billion in damages. Judge Lopez on Wednesday also allowed the family members, whose defamation judgments make them the main creditors in Jones' bankruptcy, to solicit votes on their own plan, which would liquidate Jones' assets and pursue litigation against his associates. The families previously estimated that they would receive at least $85 million from Jones under their plan. Judge Lopez said at a court hearing that both proposals contained enough information for creditors to make an informed vote. Lopez set a Feb. 12 deadline for votes.

Lucky Bucks Trustee Sues New Management, Seeking to Revoke Bankruptcy Plan

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Lucky Bucks’ bankruptcy trustee has sued the new management of the slot machine operator, seeking to revoke the bankruptcy plan, WSJ Pro Bankruptcy reported. According to a lawsuit filed Tuesday, the trustee for the remnants of Lucky Bucks still in bankruptcy said that the people running the business during the bankruptcy failed to disclose alleged fraud that has led to a multimillion-dollar lawsuit by new owners that were also secured lenders in the business. Earlier this month, the reorganized Arc Gaming and Technologies sued several former Lucky Bucks employees under Georgia’s Racketeer Influenced and Corrupt Organizations Act, seeking the return of more than $200 million in “illegal dividends” and accusing the former managers of defrauding the company, leading to its bankruptcy. The silence about alleged misdeeds before and during the bankruptcy means that millions of dollars that could have gone to other creditors could now be out of reach in state court, according to the Tuesday lawsuit against Arc Gaming. The chapter 7 trustee for the remnants of Lucky Bucks said none of the allegations of “looting Lucky” were disclosed during the bankruptcy. That is despite members of Lucky Bucks’ board, managers and employees being aware of the alleged fraud, said chapter 7 trustee Marc Abrams.

Commentary: Johnson & Johnson’s $700 Million Settlement Puts It on a New Path to Address Mass Lawsuits

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Johnson & Johnson’s agreement to settle litigation with multiple states over its talcum-based baby powder is putting the company on a new path to addressing mounting lawsuits against its former flagship product, according to a WSJ Pro Bankruptcy commentary. After two failed attempts to address them in bankruptcy through its subsidiary, the healthcare-products company has pivoted toward a new strategy to tackle mass lawsuits against its talc-based baby powder, focusing on aligning various litigating groups for settlements. With Tuesday’s proposal to pay roughly $700 million to more than 40 states over alleged false marketing of the talc powder, J&J has potentially snatched victory with one group of claimants. Now, it can focus on settling with its most significant group of claimants — ovarian and mesothelioma cancer patients that have filed more than 50,000 cases alleging harm from the asbestos content in the baby powder. J&J’s ability to settle these cases would be crucial for successfully addressing all talc-related liabilities either in or out of court. Settling with each group would allow injury claimants to receive distribution more quickly than trying each case in federal courts. Reaching settlements with various groups would also be helpful in securing bankruptcy court approval for its restructuring plan, if J&J decides to pursue another chapter 11 filing.

Largest North American Glass Recycler Emerges from Bankruptcy in Texas

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Strategic Materials, the Houston-based glass recycling giant, emerged from bankruptcy on Tuesday after it said it reduced its debt by more than $300 million during a comprehensive restructuring process, the Houston Chronicle reported. The company, which calls itself the largest supplier of recycled glass in North America, filed for bankruptcy protection on Dec. 4 in the Southern District of Texas. Its filing cited the compounding challenges of rising interest rates, inflation and increased competition. Chris Dods, Strategic Materials' chief executive, said in a statement that the company is now "investing in the business and positioning for growth." The release said it had also secured about $60 million in new capital that could be directed toward operations and strategic investments. The company, owned by private equity firm Littlejohn & Co., recycles more than 2 million tons of glass per year through 43 facilities, including three in Texas. Before seeking bankruptcy protection, it said long-term debt obligations of about $432 million would not be met, "absent a comprehensive financial restructuring or sale."

Hamptons Mansion Once Listed for $150 Million Sells at Auction for Less Than $90 Million

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A Hamptons, N.Y., estate that once listed for $150 million before falling into bankruptcy was sold at auction Wednesday for $88.5 million, NBCNewYork.com reported. The four-acre estate in Southampton, New York, known as La Dune, was sold by Concierge Auctions at a starting bid of $66 million. The property was sold in two parts — one house sold for $40.5 million and the other for $38.5 million. The buyer premium brings the total sale to $88.5 million. The property, once the most expensive listing the Hamptons and famed for an appearance in the Woody Allen film "Interiors," had been on and off the market since 2016. It was most recently listed in 2022 at $150 million. Last year, the two properties on the compound were put into chapter 11 bankruptcy after a foreclosure judgement. The previous owner, Louise Blouin, purchased the property in the 1990s for $13.5 million. She spent millions building a second mansion on the property in 2001, adding to the existing mansion, which was built in the 1890s.

Senators Submit Amicus Brief Calling for Supreme Court to Reject Georgia-Pacific’s Bankruptcy Maneuver

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Senate Judiciary Committee Chair Dick Durbin (D-Ill.) and fellow Senate Judiciary Committee colleagues Sens. Sheldon Whitehouse (D-R.I.) and Josh Hawley (R-Mo.) submitted an amicus brief to the Supreme Court in Bestwall LLC v. Official Committee of Asbestos Claimants, supporting hundreds of thousands of victims of the company’s asbestos-linked products, according to a Senate Judiciary Committee press release. To avoid facing the legal claims of victims in court, Georgia-Pacific “moved” to Texas for less than five hours, offloaded its asbestos-related liabilities onto a shell company called Bestwall, put Bestwall into bankruptcy, and then claimed that Bestwall’s bankruptcy protected the entire Georgia-Pacific enterprise from accountability, according to the press release. The bipartisan trio of Senators urge the Court to overturn the Fourth Circuit’s decision to approve the stay of asbestos litigation against Georgia-Pacific, writing, “The bankruptcy system was not designed to provide solvent non-debtors with the option to simply decline to be held liable for alleged wrongdoing, but that is precisely what the Fourth Circuit’s decision countenances. That was not what Congress intended, and it is not a result that this Court should permit.” Read the press release.

Click here to read the full amicus brief.

Johnson & Johnson to Pay $700 Million to Settle Baby Powder Probe

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Johnson & Johnson has tentatively agreed to pay about $700 million to settle an investigation brought by more than 40 states into the marketing of its talcum-based baby powder, a J&J executive said, the Wall Street Journal reported. The agreement in principle with attorney general offices in most U.S. states is an “important step” for the company, based in New Brunswick, N.J., as it tries to “reasonably put the matter behind us,” J&J Chief Financial Officer Joseph Wolk said yesterday. Johnson & Johnson has said in securities filings 42 states and Washington, D.C., had launched an investigation into its marketing of talc-based products. New Mexico and Mississippi have filed lawsuits against the company alleging violations of consumer-protection laws. The proposed settlement with states would only address a small portion of the litigation over the safety and marketing of J&J’s talcum powders. It doesn’t resolve the personal-injury lawsuits filed by more than 52,000 plaintiffs in various U.S. courts against J&J, alleging that use of the powders, primarily Johnson’s Baby Powder, caused cancer. J&J likely will have to spend billions more dollars to resolve the broader litigation. The company last year proposed paying at least $8.9 billion to resolve the personal-injury lawsuits in a bankruptcy plan filed by a subsidiary, but a bankruptcy judge rejected the plan. J&J is pursuing the consensual resolution of the personal-injury claims through another bankruptcy plan, and analysts have estimated the ultimate settlement cost could range from $10 billion to $15 billion.

Private-Equity-Owned Medical Apparel Seller Careismatic Files for Bankruptcy

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Medical scrubs designer and distributor Careismatic Brands filed for bankruptcy to eliminate $833 million in debt, a restructuring prompted by falling demand and higher interest rates, WSJ Pro Bankruptcy reported. Two years after logging record revenue, the Santa Monica, Calif.-based company owned by private-equity firm Partners Group filed for chapter 11 bankruptcy on Monday in the U.S. Bankruptcy Court in Newark, N.J., listing both assets and liabilities exceeding $1 billion. Careismatic becomes one of the latest companies to fall into bankruptcy as COVID-19 worries lessen, causing plummeting demand for some products or blindsiding some companies that ramped up production for demand that never materialized. Kent Percy, Careismatic chief restructuring officer, said the pandemic led to sharp increases in medical apparel demand, leading to a record $687 million in revenue in 2021. That was up from $635 million in 2020 and $498 million in 2019. “While Careismatic expanded capacity to meet market demand, demand has normalized in 2022 and 2023,” he said in a sworn declaration filed with the court. Revenue last year dropped to $559 million. “Macroeconomic issues, including a rapid and dramatic rise in interest rates, persistent supply-chain disruptions, rising material costs and a challenging labor market” also weakened demand and hurt profit margins, he said. Founded in 1995, Careismatic has grown to 17 brands from basically one brand, Cherokee Medical Uniforms, which itself was bought out of bankruptcy. It also sells school uniforms and other medical apparel and devices. Partners Group bought the business in 2021. In September, it hired professionals to begin working on a restructuring.

NBA’s Westbrook Joins Group Taking Over Bankrupt Arizona Sports Park

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Los Angeles Clippers point guard Russell Westbrook joined the group of investors who took over a sprawling Arizona youth-sports facility that hammered bondholders with losses when it collapsed into bankruptcy, Bloomberg News reported. Westbrook, a nine-time National Basketball League all-star, will also lead the facility’s basketball programming and community outreach efforts. The efforts to revive the complex may help boost the recoveries for bondholders, who were virtually wiped out after it filed for bankruptcy last year but retain a small equity stake in the business. Legacy Park, financed with $280 million of bonds issued through the Arizona Industrial Development Authority in 2020 and 2021, was unable to pay its debts after the pandemic upended the sports industry and usage of the facility fell far short of expectations. A firm founded by Chad Brownstein, a Los Angeles-based investor and a former vice chairman of Banc of California, purchased Legacy Park for approximately $26 million at the end of 2023. The purchase provided bondholders with $2.4 million in cash and an 11% equity stake in the new ownership entity. The new owners have since rebranded the facility as Arizona Athletic Grounds.

Connecticut Town Faces Financial Challenges Operating Nursing Home

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Even for one of the wealthiest municipalities in the U.S., operating a nursing home is a strain, Bloomberg News reported. Greenwich, Conn., owns a 121-year-old nursing home. That makes it unusual, since only 5% of nursing homes are government-owned. The town is atypical in other ways. With one of the highest per-capita incomes in the country, it has long been a locus of wealth and celebrity, evident in services such as three marinas and a public golf course designed by architect Robert Trent Jones Sr. Its Nathaniel Witherell nursing home, however, like many such facilities across the country, is losing money. Founded as a contagious-disease hospital in 1903, the 202-bed nonprofit facility offers short-term rehabilitation as well as long-term and memory care. Situated on what the town describes as 24 rolling acres — two miles from downtown — it touts staff turnover that’s a fraction of the national rate. Its kitchen gets its produce from the facility’s culinary wellness garden that was built in 2017 with donor and volunteer contributions. But Greenwich had to write off $4.1 million in bad debt from the nursing home last year, according to documents for an upcoming $115 million bond and note offering. It still expects to continue funding the nursing home’s operating losses in subsequent general fund operating budgets. The town reported a general-fund balance of $71.8 million in the current fiscal year.