Skip to main content

%1

Prosecutor Cites 'Pyramid of Deceit' by Sam Bankman-Fried; Defense Lawyer Says He's No Monster

Submitted by jhartgen@abi.org on

In a closing argument, a prosecutor told New York jurors Wednesday to follow the overwhelming evidence of FTX founder Sam Bankman-Fried 's “pyramid of deceit” to find him guilty of defrauding customers and investors of at least $10 billion, while a defense lawyer said prosecutors were unfairly portraying an honest entrepreneur as a monster, Reuters reported. Assistant U.S. Attorney Nicolas Roos launched a day of closings in Manhattan federal court by saying Bankman-Fried was at fault for stealing billions of dollars from investors worldwide despite four days of testimony in which Bankman-Fried insisted that he was unaware that his customers' deposits were at risk until weeks before his companies collapsed. “He told a story and he lied to you,” Roos told jurors a day after Bankman-Fried concluded his testimony at the monthlong trial. The prosecutor said Bankman-Fried wanted jurors to believe that he had no idea what was happening at his companies or what was happening was wrong, but that his words conflicted with the testimony of his fellow executives, his “partners in crime,” and other evidence including financial documents and public statements Bankman-Fried had made.

Lordstown Motors Gets Approval from Federal Bankruptcy Judge on Next Step in Reorganization

Submitted by jhartgen@abi.org on

Lordstown Motors Corp. on Tuesday got the green light from a Delaware bankruptcy court judge to begin soliciting votes for the electric vehicle developer’s plan of bankruptcy reorganization, the Cleveland Business Journal reported. U.S. Bankruptcy Court Judge Mary Walrath approved Lordstown Motors’ disclosure statement — the document that contains detailed information to enable a creditor to make an informed decision about the debtor’s plan of reorganization — during a Tuesday morning hearing. Lordstown Motors and its attorneys will use the disclosure statement to solicit votes from creditors and shareholders to approve or reject the company’s plan to emerge from bankruptcy court, likely late this year or early next year.

Twin Cities' Water Gremlin — Rattled from Pollution Scandals — Goes Bankrupt, Looks to Sell Company

Submitted by jhartgen@abi.org on

Water Gremlin Co., rattled in recent years by pollution scandals, has filed for chapter 11 protection and is in the process of trying to sell the company, the Minneapolis Star Tribune reported. The White Bear Township, Minn.-based company, founded in 1949, makes lead battery terminals and fishing sinkers. Water Gremlin had significant clashes with regulators in 2019 over pollution from its facility. The company had to pay more than $7 million in fines to the Minnesota Pollution Control Agency (MPCA) over toxic air emissions. The MPCA's commissioner at the time said the company "put people's health at risk." The MPCA levied another $325,000 fine in 2021 over alleged violations of hazardous waste and industrial storm water rules. The MPCA issued a new air emissions permit with "more stringent emissions limits and operating requirements" to the Water Gremlin facility in June. In July, Tokyo-based Okabe Co. Ltd., parent company of Water Gremlin, said that the litigation could lead to Water Gremlin "incurring substantial liability." An affidavit filed in the bankruptcy case cites possible liability from lawsuits related to the pollution cases and a decline in sales. The company's sales fell from $57.8 million in 2018 to $46.8 million in 2022, according to the court papers.

Famed New York Restaurant Hwa Yuan Szechuan Files for Bankruptcy

Submitted by jhartgen@abi.org on

Hwa Yuan Szechuan, one of Manhattan’s most critically acclaimed Chinese restaurants, filed for bankruptcy on Monday, a sign of the pressures that restaurants around the country are facing as they fight to keep their slice of consumers’ stretched food budgets, WSJ Pro Bankruptcy reported. Started by Taiwanese immigrant Yu Fa Tang in the late 1960s, Hwa Yuan has operated in its current location in New York’s Chinatown since 2018. Famed for popularizing cold sesame noodles in the U.S. and frequented by A-list celebrities such as Jennifer Lawrence and Gwyneth Paltrow, the restaurant hasn’t recovered from the impact of COVID-19-related lockdowns on its finances, according to court papers. Even though it received a publicity boost when former New York Mayor Bill de Blasio visited the restaurant in February 2021 to promote the resumption of indoor dining in New York City, Hwa Yuan defaulted on its mortgage because of its pandemic-related loss of revenue and now faces an imminent foreclosure from its mortgage lender, according to court papers. The restaurant’s bankruptcy filing in New York’s Southern District will stave off the foreclosure and give the Tang family time to find a new loan that could repay the defaulted mortgage, court papers said.

New York Law Firm Plans to Dissolve After Partner Exodus to Rival

Submitted by jhartgen@abi.org on

Stroock & Stroock & Lavan, one of New York’s oldest large law firms, is planning to dissolve after losing attorneys to rivals and a series of failed merger talks, the Wall Street Journal reported. The news comes after another firm, Hogan Lovells, agreed to hire more than 30 of Stroock’s partners last week, including co-managing partner Jeff Keitelman and the firm’s elite real estate team. Keitelman and co-managing partner Alan Klinger said in an email on behalf of the executive committee Monday that the move for many of the partners to join Hogan Lovells will “offer the best opportunities and growth potential for the most members of our firm.” A plan to dissolve the firm will move forward, the email said, after partners voted last week to authorize the executive committee to dissolve the firm. The firm said that the Hogan Lovells option amounted to a large-scale lateral acquisition, rather than a merger. Hogan Lovells in a statement last week said that the partners are expected to close their agreements in mid-November.

Apple-Picking Orchards in Upstate New York Pushed to Financial Brink

Submitted by jhartgen@abi.org on

The recent spate of wet weather has been nothing short of disastrous for many upstate New York apple-picking farms that make most of their annual income from tourists filling bags with Galas, McIntoshes and Granny Smiths during two months, the New York Times reported. Nearly 11 inches of rain have fallen on the region in September and October, according to the National Oceanic and Atmospheric Administration, 33 percent above normal. But those numbers don’t capture the true extent of the bad luck: The wettest days have disproportionately fallen on weekends, when pick-your-own farms receive most of their visitors. Commercial orchard crews work rain or shine, and this year’s downpours haven’t kept them from getting the apples off the trees. The general public, though, prefers to pick apples in nice weather. Normally the apple picking season closes at the end of October, but with so much fruit left on the trees this year, some farms are planning to extend into November, hoping the weather will stay warm enough to preserve the picking for another week or two. Most, however, have resigned themselves to the idea that there’s no chance of making up for all the income they’ve lost. For some, that will mean taking on new debt, or delaying repairs, or putting off equipment purchases for another year.

October Commercial Chapter 11 Filings Increased 106 Percent over 2022

Submitted by jhartgen@abi.org on

ALEXANDRIA There were 631 commercial chapter 11 filings registered in October 2023, an increase of 106 percent from the 306 filings registered in October 2022, according to data provided by Epiq Bankruptcy, the leading provider of U.S. bankruptcy filing data.

Overall commercial filings increased 14 percent to 2,188 in October 2023, up from the 1,916 commercial filings registered in October 2022. Small business filings, captured as subchapter V elections within chapter 11, increased 47 percent to 176 in October 2023, up from 120 in August 2022.

Total bankruptcy filings were 40,628 in October 2023, a 24 percent increase from the October 2022 total of 32,707. Individual bankruptcy filings totaled 38,440 in October 2023, registering a 25 percent increase from the October 2022 30,791 filing total. There were 22,473 individual chapter 7 filings in October 2023, a 31 percent increase over the 17,125 filings recorded in October 2022, and there were 15,901 individual chapter 13 filings in October 2023, a 17 percent increase over the 13,618 filings in October the previous year.

“As emergency funding from the government, lender forbearance, and lower borrowing costs helped to decrease filings during the COVID-19 pandemic, bankruptcies have steadily increased following the sunset of government funding, interest rates increases, inflation growth, and tightening lending standards,” said Todd Madsen, AACER Vice President. “October marks 15 consecutive months that total, individual, and commercial bankruptcy filings have registered monthly year-over-year increases.

“Increased prices for goods and services, along with higher borrowing costs, add to the economic challenges faced by distressed families and businesses,” said ABI Executive Director Amy Quackenboss. “Bankruptcy provides a proven process for struggling consumers and companies to alleviate their intensifying debt loads and a chance for a financial fresh start.”

October filing totals also registered increases across most filing categories when compared to September 2023. October’s total bankruptcy filings represented a 9 percent increase when compared to the 37,346 total filings recorded in September. Total individual filings for October also represented a 9 percent increase from the September 2023 filing total of 35,141. Likewise, individual chapter 7s increased 14 percent and chapter 13s increased 4 percent over September’s filings. Commercial chapter 11 filings increased 8 percent from September’s chapter 11 filing total of 584. Subchapter V elections within chapter 11 increased 2 percent from the 173 filed in September 2023. Conversely, the commercial filing total decreased 1 percent from the September 2023 commercial filing total of 2,205.

ABI has partnered with Epiq Bankruptcy to provide the most current bankruptcy filing data for analysts, researchers, and members of the news media. Epiq Bankruptcy is the leading provider of data, technology, and services for companies operating in the business of bankruptcy. Its Bankruptcy Analytics subscription service provides on-demand access to the industry’s most dynamic bankruptcy data, updated daily. Learn more at https://bankruptcy.epiqglobal.com/analytics.

About Epiq

Epiq, a global technology-enabled services leader to the legal industry and corporations, takes on large-scale, increasingly complex tasks for corporate counsel, law firms, and business professionals with efficiency, clarity, and confidence. Clients rely on Epiq to streamline the administration of business operations, class action, and mass tort, court reporting, eDiscovery, regulatory, compliance, restructuring, and bankruptcy matters. Epiq subject-matter experts and technologies create efficiency through expertise and deliver confidence to high-performing clients around the world. Learn more at www.epiqglobal.com.

About ABI 

ABI is the largest multi-disciplinary, nonpartisan organization dedicated to research and education on matters related to insolvency. ABI was founded in 1982 to provide Congress and the public with unbiased analysis of bankruptcy issues. The ABI membership includes nearly 10,000 attorneys, accountants, bankers, judges, professors, lenders, turnaround specialists and other bankruptcy professionals, providing a forum for the exchange of ideas and information. For additional information on ABI, visit www.abi.org. For additional conference information, visit http://www.abi.org/calendar-of-events.

# # #

 

Press Contacts

Carrie Trent
Epiq, Director of Communications & Public Relations
Carrie.Trent@epiqglobal.com

John Hartgen
ABI, Public Affairs Officer
jhartgen@abi.org