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Analysis: Why Corporate Bankruptcies Were Up in 2023 Despite the Improving Economy

Submitted by ckanon@abi.org on
Imagine taking a Bird scooter to Rite Aid before heading to a WeWork, where you read a news article on Vice and then buying a gift on Bed Bath & Beyond's website. What is this, 2018? No, this is 2023, and you've just interacted with five of the hundreds of companies that filed for bankruptcy this year, according to an NPR analysis. The companies have not completely collapsed, but they are limping along. While most major indicators, like inflation finally cooling off and consumer confidence improving, show the economy turning the corner, corporate bankruptcies this year have moved in the opposite direction. A confluence of forces including rising interest rates, stubborn inflation earlier in the year and companies dealing with crushing debt piled up during an era of easy money have resulted in one of the busiest years for corporate bankruptcies in more than a decade. According to S&P Global Intelligence, there were 591 corporate bankruptcies in 2023, one of the highest bankruptcy totals since 2011. Only 2020, with 639 corporate bankruptcies, witnessed more. "This is the market swing we've been expecting for some time," said <b>Brook Gotberg</b>, a professor at Brigham Young University who specializes in bankruptcy law. Gotberg said bankruptcy watchers have long been expecting a surge in bankruptcies following the boom in corporate borrowing that accompanied the Fed's years of near-zero interest-rate policies. Rates began creeping up right before the pandemic, but then they were slashed during COVID-19 to prevent the economy from cratering. Businesses capitalized on the moment. Enjoying historically low interest rates, companies borrowed and spent freely, some plowing ahead with overly ambitious growth plans that loaded the companies up with debt.

Alderson Broaddus Property Could Be Sold for $5 Million in Bankruptcy Court

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The campus and remaining equipment from defunct Alderson Broaddus University could be sold in bankruptcy proceedings for nearly $5 million, WV MetroNews reported. A private Baptist college rooted in Phillipi, W. Va., starting in 1909, it filed for bankruptcy in late August under financial and accreditation pressure. A sale hearing was scheduled today in bankruptcy court for 11 a.m. Jan. 31. The likely buyer will be DACK Investments, a Buckhannon real estate, rental and leasing company. Two other Baptist institutions combined in 1932 to form Alderson Broaddus College, and the institution was named a university in 2013. About 750 students had been enrolled there in recent years. Higher education officials had worried that the university was in such a financial bind that it could collapse partway through the semester or before the conclusion of the academic year. The affairs of the private university in Philippi have been handled by Thomas Fluharty, a trustee appointed by the bankruptcy court to oversee the collection and liquidation of assets and the payment of appropriate claims made by creditors. The biggest creditor for the university and its associated foundation is the U.S. Department of Agriculture, which provided $30 million in federal financial support.

Asbestos Plaintiffs Fail to Knock Trane Companies Out of Bankruptcy

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A U.S. bankruptcy judge ruled Thursday that two Trane Technologies subsidiaries, Aldrich Pump and Murray Boiler, may remain in bankruptcy despite asbestos plaintiffs' arguments that the companies are not in "financial distress," Reuters reported. The ruling is a sign that the Texas Two-Step — a controversial legal maneuver that allows solvent companies to dump legal liabilities into shell companies that then file for bankruptcy — is still alive, despite high-profile setbacks in 2023 cases involving Johnson & Johnson and 3M. Clay Thompson, an attorney who represents mesothelioma victims in several Texas Two-Step bankruptcies, said that he was disappointed that Whitley did not follow the Third U.S. Circuit Court of Appeals ruling in the J&J case, which found that bankruptcy protections are not available to companies that are not in immediate "financial distress." "Bankruptcy is for people and companies in financial distress, not multi-billionaires who want to pay less to their cancer victims," Thompson said in an email. U.S. Bankruptcy Judge Craig Whitley in Charlotte, N.C., declined to dismiss the bankruptcies, saying that his hands were tied by precedent in the Fourth Circuit, which requires a finding of "objective futility" before bankruptcy cases are dismissed for bad faith. The Aldrich Pump and Murray Boiler bankruptcies were not objectively futile, because the companies still might reach a bankruptcy settlement that resolves 90,000 asbestos cases, Judge Whitley ruled. Those lawsuits accuse the companies of exposing customers to asbestos through their historical sales of heating and air conditioning systems.

Bus Stations Across America Are Closing

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Each year, about half a million people pass through Chicago’s Greyhound bus station, at all hours. There is a climate-controlled waiting area with bathrooms, security guards and a snack bar, and about three dozen arrivals and departures every day. Those passengers could soon be out in the cold, the Wall Street Journal reported. The station’s owner, an affiliate of hedge fund Alden Global Capital, has put it on the market. The 87,000-square-foot property in the rapidly developing West Loop could fetch more than $30 million. The potential closure highlights a plight confronting millions of travelers, many on lower incomes, that attracts far less attention than passenger rail or aviation. Intercity bus stations are closing throughout the country. At least eight cities have lost their stations so far, including Philadelphia, Ohio’s Columbus and Tampa, Fla. Passengers have had to wait on street corners and parking lots, causing tensions with local officials. Greyhound’s owner, German bus operator Flix, wants cities to help fund new facilities; local officials say that is the company’s responsibility. Chicago would be the largest city to lose its terminal. Years of declining ridership and company missteps have dragged down the fortunes of Greyhound, a century-old icon of the American road. Its former owner sold its stations to raise cash. Many, in desirable downtown locations, are worth more as something else, such as apartments or entertainment centers. For now, Greyhound is leasing back the stations that remain open. Intercity bus travel isn’t federally regulated and attracts less attention and public funding than passenger rail or air travel. Nonetheless, it plays a vital role for passengers who need cheap transportation or who are traveling to places with no air or train service. A 2016 DePaul University study put the number of bus riders at around 62 million a year, roughly twice that of Amtrak. Greyhound, the country’s largest operator, carried about a third of those.

Trucking Bankruptcies Expected to Continue in the Foreseeable Future

Submitted by ckanon@abi.org on
The Yellow trucking company bankruptcy is widely known, but it isn’t the only carrier that has closed its doors recently, and it won’t be the last, CCJ reported. Industry bankruptcy experts say financial distress at the hands of multiple factors has caused an uptick in bankruptcy cases among trucking and logistics companies of all sizes. Stephanie Lieb, a bankruptcy attorney at Trenam Law in Tampa, Fla., and Tim Swanson, a bankruptcy attorney at Moye White in Denver, said they expect that trend to continue for quite some time. “I think we're going to see the trend continue for another 12 to 18 months,” Swanson said, adding that what’s driving the demise of these companies is the longer-than-expected recovery from the pandemic, because when the world reopened, consumer spending shifted from lockdown-driven goods purchases that caused a freight boom to more services-related spending. In addition to increased wages caused by employee shortages, rising fuel costs and inflation putting pressure on their carriers’ margins, the Federal Reserve kicked off historic tightening by increasing interest rates, putting even more pressure on supply chains. Swanson said that pressure is resulting in liquidity issues, which has caused debt service to go up, leading many to file for bankruptcy and restructure their debts. “When you have all these problems, and then they all happen at the same time, and you're already in a business that has a thinner margin, it just becomes a recipe for bankruptcy,” Lieb said. She said she has especially seen an increase in bankruptcies among smaller trucking operations and thinks that’s because of Subchapter V.

Sacramento Diocese to Seek Bankruptcy Protection

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The Roman Catholic Diocese of Sacramento will seek chapter 11 bankruptcy protection next year, Bishop Jaime Soto announced on Dec. 9, as it faces hundreds of lawsuits alleging child sexual abuse by clergy, the Carmichael Times reported. The diocese oversees Catholic parishes in much of Northern California, including Sacramento County. In a letter published online and distributed to parishioners at local churches, Soto said he expects to file for bankruptcy protection in March 2024. “It is now clear to me that the only respectful, transparent, and fair way to address the substantial number of claims by those who have been abused by clergy and other members of the Church is to seek a court-supervised reorganization. This process will also allow me to sustain the sanctifying, teaching, and charitable work of the Catholic community in Northern California,” the letter read. Soto said more than 250 lawsuits alleging abuse have been filed against the diocese. Without reorganization, “it is likely that not all the abuse victim-survivors would receive a fair consideration of their claim,” he said, with available funds being “depleted” in the first cases brought forward. A law firm that represents people alleging clerical abuse, including cases in the Sacramento diocese, criticized the decision. “On behalf of the many survivors who were gravely hurt, we react with deep disappointment in the choice made by the Bishop of Sacramento to seek bankruptcy protection from accountability,” Jeff Anderson and Associates said in a press release. The release said other dioceses have used bankruptcy filings to delay court cases and prevent “full disclosure.”

Rochester Diocese Bankruptcy Resolution Remains Elusive

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Bankruptcy Judge Paul Warren has postponed his consideration of whether ballots on plan and disclosure statements might be ready to be mailed to abuse survivors in the Roman Catholic Diocese of Rochester’s (N.Y.) chapter 11 bankruptcy, the Rochester Beacon reported. He set another hearing for the end of January. A vote by abuse survivors would be a first step toward bringing the more than four-year-old case to a conclusion. If survivors approve a plan, Warren’s approval would then be needed. The main sticking point in the drawn-out case is how much Continental Insurance, also known as CNA, might contribute to a fund out of which survivors would be compensated for abuse suffered decades ago at the hands of priests and other church officials. Seeking to deal with hundreds of abuse claims, the diocese asked for court protection in September 2019, a month after New York’s Child Victims Act took effect. The act created a temporary window for victims of long-past abuse to pursue abusers who otherwise were protected by a statute of limitations. Early on, diocesan officials said they were counting on the diocese’s liability carriers to shoulder much of the more than $100 million in anticipated CVA claims. Led by Continental, several insurers balked, threatening to have some or all claims thrown out. Warren shortly ordered the diocese, insurers and the bankruptcy’s official creditors’ committee into closed-door negotiations to hammer out an agreement. Only this year, after the committee rejected a series of offers agreed to by the diocese and various insurers, did the diocese, insurers and the committee jointly agree to terms and file a plan. As written, that plan would create a $127.35 million trust out of which survivors would be paid.

Rockford Bird Scooters Could Fly the Coop After Bankruptcy

Submitted by ckanon@abi.org on
The electric scooters available for rent in Rockford, Ill., aren't expected to fly the coop just yet as the company that owns them files for bankruptcy, the Rockford Register Star reported. Electric transportation company Bird announced on Dec. 20 that it has filed for chapter 11 protection in the Southern District of Florida as part of a plan that began earlier this year with the appointment of new leadership. "We are making progress toward profitability and aim to accelerate that progress by right-sizing our capital structure through this restructuring," Bird CEO Michael Washinushi said in a release. "We remain focused on our mission to make cities more livable by using micro-mobility to reduce car usage, traffic, and carbon emissions." Washinushi added that Bird will operate as usual and uphold its commitments in partner cities while the company is restructuring. When Bird landed in Rockford in 2021, locals took more than 20,000 rides in the first six months, and they continue to use them for recreation and everyday transportation. What happens after Bird emerges from chapter 11 is not known. The court will supervise the sale of the company's assets and oversee a bidding agreement with its lenders. In the interim, Bird has secured $25 million in new debtor-in-possession financing from MidCap Financial.
Session Description
Many bankruptcy professionals are being called upon to help healthcare provider organizations as this industry faces unprecedented business distress. Whatever the professional's role, some basic understanding of healthcare finance can strengthen decision-making and performance.

This session will provide a high-level view of the unique fiscal considerations in the healthcare provider organization, specifically: 1) accounting and financial statements; 2) cashflow including the massive revenue cycle and accounts payable functions; 3) a murkier part of cashflow buried in the various governmental and private payer reimbursement models, and 4) fraud.

Beginning with accounting and financial statements, the mystery of gross revenue, net revenue, and accounts receivable on the income statement will be examined. Even experienced healthcare CFOs can trip up on accounts receivable calculations given the complexities of payer reimbursement models and payment practices, as well as the payer market changes occurring at an ever-faster pace.

Healthcare provider cashflow management consists of voluminous variations and constant change, more so in revenue cycle but also in accounts payable. Years ago, revenue cycle was simply called “billing.” The term revenue cycle more accurately describes the revenue generation process which can involve every function in the healthcare provider organization, from physician and nursing care to lab work and housekeeping.

Third, fundamentals of the most common healthcare reimbursement models will be discussed starting with basic fee-for-service reimbursement and moving through other models to the present attempts at value-based reimbursement. It may be surprising that while the industry grapples with the new value-based models, a sizable part of reimbursement is still fee-for-service.

Finally, there will be brief mention of fraud and embezzlement which can develop in the troubled healthcare provider organization and may be a significant contributor to poor financial performance.
Learning Outcomes
Participants will gain a high-level perspective on the unique fiscal considerations in the healthcare provider organization to inform their work in advising clients in this troubled industry. A solid base of knowledge in healthcare finance will support accurate financial performance projections, prioritization of turnaround strategies, and organization valuations. Given the esoteric complexities in this field, attendees will also gain an appreciation for situations where using healthcare financial specialists may be helpful.

First, participants will understand special aspects of income statements for healthcare provider organizations, in particular the difficulty of estimating accounts receivable due to the variability in the payer market, reimbursement models, and billing policies and procedures.

Second, attendees will be able to discuss the umbrella structure of cashflow in the healthcare provider organization from revenue generation to accounts payable.

They will understand the fundamentals of the “revenue cycle” which spans the entire healthcare provider organization. They will also be able to outline some mid-level billing functions, common operational problems with billing in the distressed healthcare organization, and practical solutions to address them, including artificial intelligence (AI).

On the other side of cashflow management, participants will understand the cash management structure and issues in vendor contracting, purchasing, and accounts payable in the healthcare organization.

Next, participants will gain a deeper awareness of how various healthcare reimbursement models in the marketplace – e.g., Medicare Advantage, health maintenance organizations (HMOs), high-deductible plans, accountable care organizations (ACOs), etc. – affect the financial performance of healthcare provider organizations.

Finally, attendees will be made aware of some places fraud and embezzlement may develop in the distressed healthcare organization.
Target Audience
Creditor
Suggested Speakers
Jeanne
Goche, MA, JD
jgoche@SolutionsinHealthCareManagement.com
Denise
Hill, JD, MPA
denise.hill@drake.edu
First Name
Jeanne
Last Name
Goche, MA, JD
Email
jgoche@SolutionsinHealthCareManagement.com
Firm
Solutions in Health Care Management, a consultancy and financial advisory specializing in health care

Parts ID Files for Chapter 11 Bankruptcy

Submitted by jhartgen@abi.org on

E-commerce company Parts ID filed for chapter 11 bankruptcy protection Monday and said it plans to continue normal operations, WSJ Pro Bankruptcy reported. Parts ID added it expects common stockholders are unlikely to receive any payments and existing securities would be canceled when its reorganization plan becomes effective. The company’s shares fell 43%, to 5 cents, before a trading halt. The stock is down about 95% this year. Parts ID expanded beyond its automotive focus, launching marketplaces in categories including boats, motorcycles and campers. The company said in a securities filing Tuesday that it entered a credit agreement on Dec. 19 with Fifth Star.