Skip to main content

%1

Bankrupt Cyxtera Looks to Sell Data Centers to Brookfield

Submitted by jhartgen@abi.org on

Bankrupt Cyxtera Technologies Inc. is in advanced talks to sell a large swath of its data centers to Brookfield Infrastructure Partners, Bloomberg News reported. As part of its chapter 11 filing, Cyxtera has been looking at two possible tracks, either recapitalizing itself, with lenders taking control of the firm, or selling itself. Cxytera’s and Brookfield Infrastructure Partners’s negotiations are continuing and could still fall apart. Brookfield Infrastructure Partners has been building its data center holdings, with recent acquisitions of European firm Data4 and Compass Datacenters LLC. It also owns Dawn Acquisitions LLC, which does business as Evoque Data Center Solutions. Digital Realty Trust Inc. has also shown interest in some of Cxytera’s assets, Bloomberg previously reported. Prior to its June bankruptcy, Cyxtera had entered negotiations with lenders on how to tackle nearly $870 million of debt due next year. The company was formed in 2017 after CenturyLink’s data center and co-location business was combined with Medina Capital’s security and data analytics operations. In 2021, Cyxtera combined with a black-check firm in a deal valuing the combined company at about $3.4 billion on an enterprise basis.

Amid Legal Woes, Slync Seeks Alternative to Bankruptcy, Winds Down Operations

Submitted by jhartgen@abi.org on

While logistics visibility platform provider Slync had hoped that new management and a $24 million cash infusion in February would be enough to save the FreightTech company after its former CEO was indicted on fraud charges, the company filed for bankruptcy Wednesday and plans to wind down operations and sell off its technology, Freight Waves reported. The timing of Slync’s bankruptcy filing comes nearly three weeks after former Slync CEO Chris Kirchner — who was indicted in May on charges he swindled $25 million from investors for personal use — filed suit on Sept. 26 against his former employer for legal fee advancement and indemnification in Delaware’s Court of Chancery. Kirchner’s suit seeks to have Slync pay his legal bills in his ongoing fraud case involving the U.S. Department of Justice and the Securities Exchange Commission. After Kirchner’s assets were frozen, a federal public defender was assigned to handle his case. According to court documents, after Kirchner’s legal team initially reached out to Slync’s outside counsel on Aug. 30, Slync stated that it “will agree to advance” and that his legal team should reach out to Slync’s CEO John Urban “regarding logistics.” However, less than three weeks later, Slync’s outside counsel told Kirchner’s legal team that Slync “purportedly lacks sufficient liquidity to fund advancement.”

Metropolitan Brewing Files for Bankruptcy, Citing $1 Million in Back Rent

Submitted by jhartgen@abi.org on

Metropolitan Brewing LLC filed for bankruptcy this month, citing, among other debts, $1 million in back rent owed to its landlord, the Chicago Business Journal reported. According to an Oct. 3 bankruptcy filing in U.S. District Court in the Northern District of Illinois, the Chicago Brewery owes back rent to Rockwell Properties LLC for its 33,000-square-foot site at 3057 N. Rockwell St. Founded in 2008, Metropolitan Brewing signed a 15-year lease for its current location in 2015. The million-dollar figure for back rent is in dispute, however, according to the Chicago Tribune, and will need to be forgiven in full or in part in order for the company to restructure. If Metropolitan Brewing is unable to rework its debt, the business may have to sell or liquidate, said owners Doug and Tracy Hurst. In addition to back rent, Metropolitan Brewing’s debts cited in the filing include $1 million to North Carolina-based Live Oak Banking Co. for an equipment loan and $386,000 to the Small Business Administration for an Economic Impact Disaster Loan. The brewery currently has eight full-time and 14 part-time employees, and last year grossed $2.16 million, according to the report.

Judge Won’t Let Alex Jones Use Bankruptcy to Avoid Sandy Hook Damages

Submitted by jhartgen@abi.org on

The judge in Alex Jones’s bankruptcy case ruled on Thursday that he will not be allowed to use his chapter 11 filing to evade paying more than $1 billion in verdicts to families of the Sandy Hook shooting, the New York Times reported. The ruling by Judge Christopher Lopez in a Houston bankruptcy court means that Mr. Jones, the Infowars conspiracy broadcaster, will likely be working the rest of his life to pay his debt to the families. Last year, they were awarded historic damages in defamation lawsuits against him. It also closes off the possibility that Mr. Jones could liquidate Infowars and force the families to accept whatever proceeds result, leaving him free to start a new business. Earlier this year, the families asked that Judge Lopez order Mr. Jones to pay them the full damage awards, with no possibility of a trial or a forced settlement over a lesser amount — in legal terms, to make Mr. Jones’s debts to the families “non-dischargeable” through bankruptcy.

Sam Bankman-Fried Sought 'Justifications' for Missing Funds, Lawyer Testifies

Submitted by jhartgen@abi.org on

Cryptocurrency exchange FTX's former top lawyer testified yesterday that its founder Sam Bankman-Fried asked him to come up with "legal justifications" for why it was missing $7 billion in customer funds four days before the company declared bankruptcy, Reuters reported. Can Sun, FTX's former general counsel, testified at Bankman-Fried's fraud trial that the company on Nov. 7, 2022, asked investment fund Apollo for emergency capital to cover a wave of customer withdrawals. After Apollo requested FTX's financial statements, Sun testified, either Bankman-Fried or another executive sent him a spreadsheet indicating the cryptocurrency exchange was billions of dollars short of being able to satisfy customer withdrawals and that it also was owed billions of dollars by Bankman-Fried's crypto-focused hedge fund Alameda Research. "I was shocked," said Sun, who testified under a non-prosecution agreement in the third week of the trial in Manhattan federal court. Sun told jurors that after FTX shared the spreadsheet with Apollo, Bankman-Fried pulled him aside at the Bahamas luxury apartment complex where the 31-year-old former billionaire lived and told him Apollo had asked for a legal justification for the missing funds.

Boy Scouts' Bankruptcy Judge Approves Nearly $250 Million in Fees

Submitted by jhartgen@abi.org on

The Boy Scouts of America has received a U.S. bankruptcy judge's approval to pay about $245 million in fees to lawyers and financial advisers who crafted the youth organization's $2.46 billion settlement of sex abuse claims, Reuters reported. U.S. Bankruptcy Judge Laurie Selber Silverstein in Wilmington, Del., late on Tuesday mostly approved final fee applications from more than two dozen law firms and advisers who worked on the bankruptcy case. The overall bankruptcy fees could end up closer to $275 million, based on outstanding requests for payment from other groups that participated in the bankruptcy. Judge Silverstein had decried the "staggering" legal fees racked up in the case in 2021, when the number crossed the $100 million threshold. White & Case, which served as lead counsel during the Boy Scouts' bankruptcy, received the highest fee award, at $71 million. Pachulski Stang Ziehl & Jones, which represented the official committee of abuse claimants, received $37.8 million, and Alvarez & Marsal, the Boy Scouts' financial adviser, received $19 million.

J&J Weighs Third Bankruptcy Try to Settle Baby Powder Suits

Submitted by jhartgen@abi.org on

Johnson & Johnson is weighing a third attempt to use bankruptcy for an $8.9 billion settlement of tens of thousands of lawsuits that allege tainted talc in the company’s baby powder caused cancer, the health care giant told investors yesterday, Bloomberg News reported. Erik Haas, J&J’s lawyer in charge of litigation, said during the company’s earnings call Tuesday that the world’s largest maker of health-care products is working with law firms representing “the vast majority” of talc victims to settle all current and future cases that could potentially cost J&J billions of dollars in damages if they go to jury trials. “We’re pursuing a consensual resolution of the talc claims through another bankruptcy,” Haas said during the earnings call. He added that J&J also will continue to “vigorously defend itself” in talc cases that come to trial while it explores the bankruptcy option once again. Courts have twice rejected J&J’s attempts to use the bankruptcy courts to force a talc settlement by setting up a trust to pay victims. Many J&J claimants have vocally opposed relying on a trust. In July, a judge in New Jersey rejected J&J’s second bankruptcy attempt, in which the company sought to resolve at least 40,000 suits for about $8.9 billion. The judge said J&J didn’t meet the test for financial distress imposed by a federal appeals court. The company has vowed to appeal that ruling to the Supreme Court.

Bankrupt Rite Aid Settles With Drug Supplier McKesson to Avoid Shortages

Submitted by jhartgen@abi.org on

Rite Aid Corp. resolved a fight with its largest supplier of prescription drugs, McKesson Corp., that the retailer said threatened its ability to continue providing customers with life saving medicines and imperiled its ability to survive bankruptcy, Bloomberg News reported. Lawyers for the two companies said during a court hearing Tuesday in New Jersey that they’ve agreed in principal to a settlement that will end a lawsuit Rite Aid filed against McKesson over their supply agreement. The settlement ensures that Rite Aid’s stock of prescription drugs won’t be impacted during its chapter 11 case, the lawyers said. The deal avoids a potentially costly fight that could have hindered Rite Aid’s restructuring efforts. Rite Aid claimed McKesson was threatening to walk away from the supply agreement unless it paid for new goods when delivered, describing the effort as “a cynical ploy for negotiating leverage” over the retailer. McKesson argued the long-term supply deal ended prior to the bankruptcy. Rite Aid lawyer Josh Sussberg said the retailer has now agreed to pay McKesson within seven days of receiving new products, versus 19 days previously. Terms of the proposed settlement must be documented and the agreement might be challenged by other Rite Aid creditors, he added. Any settlement must be approved by Judge Michael Kaplan, who is overseeing Rite Aid’s chapter 11 case.

Sam Bankman-Fried's Lawyer Says FTX Investments Were Not 'Reckless'

Submitted by jhartgen@abi.org on

FTX founder Sam Bankman-Fried's lawyer on Tuesday said the now-bankrupt cryptocurrency exchange's investments were not "reckless and frivolous," pushing back against testimony by former executive Nishad Singh portraying its spending on marketing and celebrity endorsements as excessive, Reuters reported. Singh, FTX's former engineering chief, testified for a second straight day at Bankman-Fried's fraud trial in Manhattan federal court. Under cross-examination, Singh told the jury that he thought FTX would be able to stay in business upon learning in September 2022 of a $13 billion shortfall in customer funds, potentially bolstering Bankman-Fried's argument that he believed the exchange's troubles were manageable. FTX declared bankruptcy on Nov. 11, 2022. Singh testified on Monday that the company's venture investments and $1.1 billion in planned marketing deals, including naming rights to the arena where the NBA's Miami Heat play and featuring NFL quarterback Tom Brady in commercials, "reeked of excess and flashiness." Defense lawyer Mark Cohen on Tuesday asked Singh, one of three former members of Bankman-Fried's inner circle who have pleaded guilty to fraud and agreed to cooperate with prosecutors, whether promoting FTX's brand could be useful. "I understood it had business benefits and costs," Singh said in testimony that defense lawyers could use to argue that Bankman-Fried was making what he believed to be good-faith business decisions in shelling out funds for marketing and investments even if others disagreed.