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Texas Capital Bank Sues Ginnie Mae Over $28 Million Bankruptcy Loan

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Texas Capital Bank said it was convinced by the U.S. government to loan $28 million in December to help a bankrupt reverse-mortgage company fund payments to elderly homeowners and avert a crisis in the reverse-mortgage industry, WSJ Pro Bankruptcy reported. But the Dallas lender was left empty-handed after the government said it extinguished the bank’s collateral rights, according to a lawsuit filed Wednesday against the Government National Mortgage Association, known as Ginnie Mae, and its parent agency, the Department of Housing and Urban Development. Texas Capital Bank said that it was induced by Ginnie Mae to extend a bankruptcy loan to Reverse Mortgage Investment Trust, one of the largest lenders participating in the government-backed reverse-mortgage program. HUD and Ginnie Mae declined to comment, citing pending litigation. Starwood Capital Group-backed RMIT filed for chapter 11 in November with the U.S. Bankruptcy Court in Wilmington, Del., facing a liquidity crunch because of rising interest rates. After the bankruptcy filing, RMIT failed to fund payments to thousands of elderly homeowners, according to the bank’s complaint. Ginnie Mae allegedly told Texas Capital Bank that its loan was needed to fund those draws while avoiding a catastrophic disruption to the reverse-mortgage program, the bank said in its lawsuit, filed in the U.S. District Court in Amarillo, Texas.

Diamond Ditches the NHL’s Arizona Coyotes, Team Moves on to Scripps Broadcast Deal

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Bankrupt regional sports network operator Diamond Sports Group is walking away from the NHL’s Arizona Coyotes and shuttering yet another channel, Bally Sports Arizona, YahooFinance.com reported. The move comes after the network’s other tenants, the NBA’s Phoenix Suns, WNBA’s Phoenix Mercury and Major League Baseball’s Arizona Diamondbacks, all broke loose from Bally Sports and set up their own local TV arrangements. Broadcaster E.W. Scripps announced yesterday that the Coyotes would broadcast 81 of their 82 regular season games via its new Scripps Sports operation on Scripps-owned ABC affilate Channel 15.2 (KNXV.2). The Stanley Cup Champion Vegas Golden Knights also entered a similar arrangement with Scripps Sports in May after fleeing now-defunct AT&T SportsNet Rocky Mountain. “The Debtors have been conducting an ongoing analysis of their rights agreement portfolio to identify those rights agreements that are burdensome and/or otherwise unnecessary for the Debtors’ go-forward business operations,” Diamond said in a motion filed on Wednesday in the Houston federal court overseeing its restructuring.

Bid of $28.5 Million Claims Luxury Ranch at Auction

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The highest of two bids for the 800-acre plus Aspen Valley Ranch, which was advertised for $220 million in May 2020, came in at $28.5 million during a privately conducted virtual auction on Wednesday, according to bankruptcy court records, the Aspen Daily Ranch reported. The winning bid was placed by the lenders who initiated a foreclosure action on the ranch property in March, citing an outstanding debt of $88.2 million, an amount that has since grown past $100 million with interest. The loan was given to Charif Souki, who developed the property and pledged it as collateral. Aspen Valley Ranch, however, declared chapter 11 bankruptcy in late July, icing the lenders’ run at a foreclosure auction in Pitkin County. An auction was held nonetheless this week and conducted by Aspen Valley Ranch following months of written and oral arguments in the bankruptcy case about the terms of the auction and bidding process. As secured creditors, the lenders prevailed in the closed auction with a “credit bid,” meaning that amount would be applied to the balance owed by Souki, who led a group of investors that bought the ranch for $27 million in 2013, before it was developed into a family retreat and a neighborhood of luxury homes.

As Bankruptcy Rumors Swirl, Rite Aid Hit with Noncompliance Notice from NYSE

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The New York Stock Exchange has informed Philadelphia-based Rite Aid Corp., which for weeks has been the subject of bankruptcy rumors, that the company is no longer in compliance with its listing standards, the Philadelphia Business Journal reported. The retail pharmacy chain, according to the NYSE, no longer meets the exchange's minimum market capitalization standard of $200 million or its minimum stock price standard of $1 per share. As of late Thursday morning, stock in Rite Aid was trading at 51 cents per share and the company's market cap was at about $30 million. Rite Aid said that it will continue to be listed on the NYSE during "cure periods," typically six months, that will give it time to regain compliance. "As previously disclosed, the company has been engaged in reviewing and continues to review strategic alternatives to recapitalize, refinance or otherwise optimize its capital structure which may ultimately result in the Company pursuing one or more significant corporate transactions or other remedial measures," Rite Aid stated. "The ongoing review includes an evaluation of available options to regain compliance with the NYSE’s continued listing standards." Rite Aid, which operates more than 2,200 retail pharmacy locations across 17 states including Pennsylvania, New Jersey and Delaware, said that it can provide no assurances that it will be able to regain compliance. The company, which employs more than 6,300 pharmacists and more than 47,000 workers overall, has not specifically addressed speculation that a bankruptcy filing is imminent.

Long Beach Drops Out of Bankruptcy Case Against Former Queen Mary Operator

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Long Beach officials are resigned to never getting back millions of dollars that were supposed to go toward fixing up the Queen Mary, the Long Beach Post reported. As of last week, the city has essentially bowed out of the ongoing bankruptcy case of Los Angeles-based real estate firm Urban Commons, which took over the ship’s lease in 2016 and left a wake of unmet promises and financial disasters. The city remains on a list of creditors and is seeking a mere $200,000, “but we don’t really expect to receive anything,” Deputy City Attorney Rich Anthony said on Wednesday. Long Beach was left in control of the historic ocean liner in 2021 but was still suing Urban Commons to try to determine whether the company defrauded the city of any of the $23 million in bonds issued to cover critical repairs on the ship—some of which never got done. Through the legal proceedings, the city was able to subpoena accounting ledgers and other financial documents to help trace the bond money. That information showed most of the money the city paid out indeed matched Urban Commons’ invoices for work it subcontracted, but that doesn’t necessarily absolve the company or its principals of wrongdoing, City Attorney Dawn McIntosh wrote in a Tuesday memo to the City Council.

Drug Maker Mallinckrodt Is Nearing End of Second Bankruptcy, Opioid Settlement

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Drug maker Mallinckrodt Plc made its final push Wednesday for a new debt-reduction plan that gives victims of America’s opioid epidemic about $1 billion less than they were promised the last time the company tried to use the bankruptcy process to revive itself, Bloomberg News reported. The company asked Bankruptcy Judge John Dorsey to dismiss objections from shareholders who argue that Mallinckrodt should have tried harder to resolve its debt woes without filing a chapter 11 case. Under the plan, shareholders will be wiped out, which happens in nearly all big bankruptcies unless creditors are paid in full. Judge Dorsey said he would announce his ruling next week. During the court hearing yesterday in Wilmington, Del., Judge Dorsey aimed skeptical questions at attorneys for shareholders, who argued the company had enough cash to survive until early 2024. Dorsey said current law only requires Mallinckrodt, or any other struggling company, to be in financial distress, not completely insolvent. “The only evidence I have,” Judge Dorsey told a shareholder attorney, “is that if they didn’t file this bankruptcy, they would have been in trouble.”

Student Loan Debt Is a 'Crisis for Black America,' Democratic Lawmaker Says

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Rep. Ayanna Pressley (D-Mass.) emphasized the disproportionate impact of student loans on Black borrowers during her latest call for debt cancellation, YahooFinance.com reported. "The student debt crisis is an economic justice, gender justice, and racial justice issue — Black borrowers — especially Black women — are among the most impacted by the student debt crisis," Pressley said at the recent Congressional Black Caucus Foundation’s (CBCF) annual legislative conference. "It is a crisis for Black America affecting our elders, our caregivers, our educators, and our families." Black borrowers hold the most student loan debt, according to a study by the NAACP, with 86.4% of Black bachelor’s degree holders and 81% of Black students pursuing master's and doctoral degrees borrowing for school. That greater debt burden is a barrier to building wealth and contributes to the racial wealth gap, preventing borrowers from homeownership, starting businesses, or paying for their kids’ college.

FTX Employees Found Alameda’s Secret Backdoor Months Before Collapse

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Months before the collapse of FTX, some of its U.S.-based employees discovered the so-called backdoor that Alameda Research allegedly used to withdraw billions of dollars of customer funds from the cryptocurrency exchange, the Wall Street Journal reported. The employees who made the discovery reported it to the boss of their division, who discussed it with one of FTX founder Sam Bankman-Fried’s lieutenants. But the problem never got fixed. In the summer of 2022, the leader of the team that raised concerns about Alameda’s special privileges was fired. The backdoor figures prominently in the case against Bankman-Fried, whose trial on criminal charges of fraud began in a New York federal court this week. The former head of FTX has pleaded not guilty to all charges. Prosecutors say Bankman-Fried stole funds from FTX customers, in part, by secretly ordering the programming of “special features” that gave Alameda — his crypto trading firm — the ability to treat FTX as a giant slush fund. Court filings have revealed a line buried deep in FTX’s code that allowed Alameda to have a negative balance of as much as $65 billion on the exchange. Read more. (Subscription required.)

In related news, splashy advertisements featuring football star Tom Brady and comedian Larry David were among the first evidence seen by jurors Wednesday as prosecutors launched a historic fraud case against cryptocurrency maven Sam Bankman-Fried, depicting him as a villain who portrayed himself as the Robin Hood of the crypto world, the Associated Press reported. Assistant U.S. Attorney Nathan Rehn said in his opening statement in Manhattan federal court that it was only a year ago that Bankman-Fried seemed to be “on top of the world,” operating the multibillion dollar company he founded, FTX, a seemingly pioneering cryptocurrency trading platform. Rehn said the 31-year-old lived in a $30 million apartment in the Bahamas, jetted around the world on private planes, socialized with celebrities and spent billions of dollars as he flaunted power and made big political donations to gain influence in Washington over cryptocurrency regulation. The prosecutor, though, said that the son of two Stanford law professors was not as he seemed. “Sam Bankman-Fried was committing a massive fraud by taking billions of dollars from thousands of victims,” Rehn said. When his businesses were collapsing, he backdated documents and tried to cover up his crimes by deleting messages and ordering employees to automatically delete all messages every month, the prosecutor said. Read more.

Wine Buyers’ Claim to Stranded Bottles Spills Into Bankruptcy Court

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Wine drinkers who bought from online marketplace Underground Cellar before its collapse are squaring off with its top lender for the rights to more than 500,000 bottles of red, white and rosé in storage, WSJ Pro Bankruptcy reported. Underground Cellar gained popularity among wine lovers because of its gamelike platform offering customers occasional upgrades to more expensive bottles than they had paid for. The company then stored bottles of wine purchased by customers in its “CloudCellar” — a climate-controlled warehouse in southern Napa County, Calif. — until they requested to ship them to their addresses. “I thought they really were good at what they did,” said Michael Klein of Glendale, Calif., a former customer. “It was almost like a lottery or gambling when you bought wine from them, because they promised you these upgrades.” But earlier this year, customers started having trouble accessing the wine they had ordered. Underground Cellar filed for a chapter 7 liquidation in the U.S. Bankruptcy Court in Wilmington, Del., in May, indicating the company would shut down its business. The bankruptcy filing included up to an estimated $11.6 million worth of wine, mostly ordered by roughly 25,000 customers, that has been stuck in limbo at the Napa warehouse. A court-appointed trustee has proposed selling the company’s remaining assets, including the wine, to Liquid Lotus, an entity owned by the company’s founder, Jeffrey Shaw, for $600,000.