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Biden Administration Moves to Unkink Supply Chain Bottlenecks

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The Biden administration on Tuesday planned to issue a swath of actions and recommendations meant to address supply chain disruptions caused by the coronavirus pandemic and decrease reliance on other countries for crucial goods by increasing domestic production capacity, the New York Times reported. In a call yesterday detailing the plan to reporters, White House officials said the administration had created a task force that would “tackle near-term bottlenecks” in construction, transportation, semiconductor production and agriculture. The officials also outlined steps that had been taken to address an executive order from President Biden that required a review of critical supply chains in four product areas where the United States relies on imports: semiconductors, high-capacity batteries, pharmaceuticals and their active ingredients, and critical minerals and strategic materials, like rare earths. The review has been governmentwide, the officials said: Cabinet members were ordered to provide reports to the White House within 100 days. The move was intended to address concerns about supply chain resiliency and long-term competition with China. The Department of Health and Human Services, for instance, will use $60 million from the $1.9 trillion coronavirus relief bill to develop technologies to increase domestic production of active ingredients in key pharmaceuticals. The Interior Department will work to identify sites where critical minerals could be produced in the United States. And several agencies will work on creating supply chains for new technologies that will reduce reliance on imports of key materials. The Biden administration also signaled that it was prepared to use trade policy to bolster domestic supplies of key minerals and components. As part of that effort, the Office of the United States Trade Representative said it would establish a so-called strike force that could propose actions against overseas companies deemed to be engaged in unfair trade practices.

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From Lapsing Job Benefits to Full Stadiums, June Could Be U.S. Recovery's Pivot

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Fourteen months after the pandemic triggered a national emergency, the final chapter of the U.S. economic recovery may begin this month, with rapid changes starting with the end of enhanced unemployment benefits in half the states and ending in the fall's expected reopening of schools and universities, Reuters reported. Along the way, Major League Baseball stadiums are slated to return to full capacity, and the largest state economy, California, on June 15 will shed its final COVID-era restrictions and give bars, restaurants and other businesses a green light on the road to normal. That same day in Washington, D.C., the U.S. Federal Reserve is expected to open debate about when and how to cut the economy loose from its crisis-fighting monetary policy and shift to managing what is hoped to be a long economic expansion. Since coronavirus vaccines rolled out in December, forecasts have pointed to record-breaking numbers this year, including the fastest annual gross domestic product growth in nearly 40 years. Companies in May added 559,000 jobs, but the total number remains 7.6 million short of early 2020. About 3.6 million more people are unemployed, and the labor force is 3.5 million smaller. Shortages of supplies, workers and raw materials have crimped the recovery with businesses curtailing hours, turning away customers, or delaying filling orders. The Fed's most recent national economic snapshot referenced shortages 44 times, compared with 17 in January and three a year ago. Economists expect that to ease. The pandemic put the economy into what some likened to an induced coma. Shaking off the stupor takes time, and is complicated by some of the programs used to cushion the economy's sharp drop last spring. Stimulus payments and low interest rates, for example, fueled a boom in home sales that spilled into home construction and lumber prices. Yet the costs for wood and some other commodities already have begun easing: lumber futures are down 24% from their peak, with copper and aluminum falling around 5%. Likewise, the splurge on automobiles, appliances and other goods will likely prove a one-time affair; even if demand remains strong, supply will likely catch up.

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AMC Boss Adam Aron Basks in Meme-Stock Spotlight

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Adam Aron, AMC Entertainment Holdings Inc.’s chief executive, has decided to run with the meme-stock bulls who helped his company avoid bankruptcy during the pandemic, WSJ Pro Bankruptcy reported. More than any CEO swept up in the meme-stock trade, Aron has come to represent the surrealism and opportunities of modern-day trading. He is a Harvard Business School graduate now known for sharing social-media memes of Reddit in-jokes. He has traded a Chinese real-estate firm, the Dalian Wanda Group, for three million individual investors he calls his community. He has promised the new shareholders dividends and free popcorn. And it has helped the world’s largest movie-theater chain emerge from its pandemic hole. AMC raised $587 million Thursday through another stock sale effort, its seventh in nine months, adding up to more than $2.2 billion total since it began its stock sale efforts in August. The sale comes on the heels of a recent rally that brought AMC’s share price to $72 from $10 in early May.

Distressed Muni Borrowers Are Still Piling Up in Pandemic’s Wake

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The wave of U.S. municipal-bond distress set off by the pandemic is still spreading even as the economy recovers from the devastation of the outbreak, Bloomberg News reported. Eight muni borrowers became distressed last week, lifting this year’s tally to 76, according to Municipal Market Analytics. That puts 2021 on track to exceed almost every year since 2012 in terms of impairments. Only 2020, when the coronavirus caused some of the worst market turmoil on record, was worse. The isolated cases of deterioration in certain smaller, typically lower-rated or unrated issuers stand at odds with the optimism in statehouses nationwide, which have been buoyed by strong tax revenue and federal stimulus. It’s been a banner year for munis, with tax-exempt yields near record lows relative to those on Treasuries. Any defaults have mostly been confined to a corner of the market where businesses borrow through government agencies. Overall muni credit health is on the mend as the economy revives. And the tally of issuers in distress is a drop in the bucket when compared to the tens of thousands of separate borrowers that compose the $3.9 trillion market.

For Small Gyms, Handling the Pandemic Meant Expanding

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All of the changes for small gyms to survive the COVID-19 pandemic required more than a tutorial in Zoom; they necessitated a radical change in thinking in an industry that has been providing its product in essentially the same way since Vic Tanny’s first “health clubs” opened in the 1930s, the New York Times reported. “Prior to the pandemic, clients had to visit a brick-and-mortar business to consume the product,” said Julian Barnes, chief executive of Boutique Fitness Solutions, an advisory firm to small gyms and fitness studios. The new multiple-channel approach “means meeting your client wherever he or she is,” he said. “If she wants to work out live, give her that ability to take a class live. If she wants to work out at 2 a.m., and pull up a video of her favorite class, give her the ability to do that. If she wants to work out outdoors, give her the ability for that.” Barnes estimated that, before the pandemic, the United States had about 70,000 of these small gym and studios. “A lot of them were uprooted from their original business model,” said Tricia Murphy Madden, who is based in Seattle and is national education director for Savvier Fitness, a fitness product and education company. “What I’m seeing now is that if you’re still operating the way you did 16 months ago, you’re not going to survive.”

May Commercial Chapter 11s Decreased 66 Percent over Last Year, Total Filings Down 13 Percent

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Alexandria, Va.—Total commercial chapter 11 filings in May 2021 decreased 66 percent from the previous year, according to data provided by Epiq. Commercial chapter 11 filings totaled 246 in May 2021, down from the 725 commercial chapter 11 filings in May 2020. Total commercial filings decreased 31 percent in May 2021, as the 1,787 filings were down from the 2,599 total commercial filings registered in May 2020. The 34,760 total bankruptcy filings in May 2021 were down 13 percent from the 39,993 total filings in May 2020. Total consumer filings decreased 12 percent in May 2021, as the 32,973 filings fell from the 37,394 consumer filings registered in May 2020.

“Continued stabilization efforts by the federal government, forbearance by lenders and sustained low interest rates have helped keep many businesses and households afloat during the crisis,” said ABI Executive Director Amy Quackenboss. “As the pandemic relief runs its course, however, mounting financial challenges may result in more households and companies seeking the shelter of bankruptcy.”

A separate analysis on ABI’s SBRA Resources webpage showed that the 2,000th case was filed in May under the new subchapter V of chapter 11 of the Bankruptcy Code, established by the Small Business Reorganization Act of 2019 (SBRA). The SBRA went into effect on February 19, 2020, to provide Main Street business debtors with a more streamlined path for restructuring their debts. The CARES Act was subsequently enacted on March 27, 2020, which increased the eligibility limit for small businesses looking to file under the SBRA’s subchapter V from $2,725,625 of debt to $7,500,000. The threshold was originally scheduled to return to $2,725,625 after one year, but was extended to 2022 with the enactment of the COVID-19 Bankruptcy Relief Extension Act on March 27, 2021.

May’s commercial chapter 11 filings represented a 14 percent decrease from the 287 filings in April 2021. Total commercial filings were also down 14 percent from the April 2021 commercial filing total of 2,083. Total bankruptcy filings in May represented a 15 percent decrease from the 40,913 total filings recorded the previous month. Total noncommercial filings for May also represented a 15 percent decrease from the April 2021 noncommercial filing total of 38,830.

The average nationwide per capita bankruptcy filing rate in May was 1.41 (total filings per 1,000 per population), a slight decrease from the 1.43 filing rate during the first four months of the year. Average total filings per day in May 2021 were 1,738, a 13 percent decrease from the 2,000 total daily filings in May 2020. States with the highest per capita filing rates (total filings per 1,000 population) in May 2021 were:

1. Alabama (3.20)

2. Nevada (2.93)

3. Tennessee (2.55)

4. Delaware (2.40)

5. Indiana (2.29) 

ABI has partnered with Epiq in order to provide the most current bankruptcy filing data for analysts, researchers and members of the news media. Epiq is a leading provider of managed technology for the global legal profession. To view the full monthly statistical tables provided by Epiq, be sure to visit ABI’s Newsroom.

For further information about the statistics or additional requests, please contact ABI Public Affairs Officer John Hartgen at 703-894-5935 or jhartgen@abiworld.org.

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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 11,000 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.

Epiq, a global technology-enabled services leader to the legal services 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 https://www.epiqglobal.com.

 

Victoria’s Secret Hit With Landlord Suit for Lapsed Store

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Victoria’s Secret is facing allegations by its landlord that the company prematurely ended its stay at the Westfield World Trade Center Shopping Center, located in downtown Manhattan, in alleged violation of a lease agreement, YahooFinance.com reported. In a complaint filed in late May in New York state court, Westfield made claims for more than $30 million, alleging that the retailer had “refused to pay rent” and backed out part way through from a 12-year lease that was meant to end in 2029. The suit seeks more than $4.2 million in unpaid rent and roughly $28 million in damages for the alleged violation of the lease. “By virtue of Victoria’s Secret’s impermissible surrender of the premises, failure to continuously open for business and operate and failure to pay rental as it became due and owing, Westfield terminated the lease effective May 27, 2021,” Westfield wrote in its complaint. “As a result of Victoria Secret’s defaults under the lease and the resulting termination, Westfield is entitled to accelerate all rental as if the lease had not been terminated.” Lease agreements sometimes address these scenarios through what are known as co-tenancy clauses. Such provisions may allow tenants to reduce their rent or leave their premises during their lease term, if they can show other important tenants have already left. Victoria’s Secret allegedly invoked such co-tenancy failures and sought to terminate its lease. But Westfield argues in its suit that the retailer had not shown evidence for its claim about such co-tenancy issues. Read more. https://finance.yahoo.com/news/victoria-secret-hit-landlord-suit-215525…

What does the future hold for the retail industry? Watch the latest episode of ABI's "Industry Viewpoints" featuring Laura Davis Jones of Pachulski Stang Ziehl & Jones (Wilmington, Del.). https://www.youtube.com/watch?v=BSK20W9r2l4&feature=youtu.be

Occupancy issues are at the heart of many significant retail cases, as detailed in the ABI publication Retail and Office Bankruptcy: Landlord/Tenant Rights, available at the ABI Store. https://store.abi.org/retail-and-office-bankruptcy-landlord-tenant-righ…

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Latam Airlines ‘Absolutely Not’ Selling Brazil Unit to Azul

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Latam Airlines Group SA Chief Executive Roberto Alvo, seeking to stave off an overture from rival Azul SA, said the bankrupt air carrier’s Brazilian operations aren’t for sale, Bloomberg News reported. Santiago-based Latam, which has now been in U.S. bankruptcy for more than a year, has its sights set on a strong chapter 11 exit — not a piecemeal sale of the business, Alvo said in an interview Wednesday. The carrier’s shares briefly slumped last week after it denied reports that Azul SA planned to buy Latam’s Brazilian subsidiary. While Alvo said he is “absolutely not” selling the Sao Paulo-based unit to the low cost competitor, Azul is now waiting to evaluate Latam’s bankruptcy exit plan and may propose the acquisition offer directly to Latam creditors. Azul has unsuccessfully floated to Latam executives the idea of carving out the domestic Brazil network, according to the person. Under the proposal, Latam, the largest airline in Latin America, would have been left to focus on business elsewhere in the region while maintaining links to the route network in Brazil.

AMC Shares Sink on Stock Sale Plan and Warning to Buyers

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Investors began backpedaling from AMC Entertainment Holdings Inc. after the movie-theater operator said that it plans to sell more stock — while simultaneously cautioning potential buyers of its shares that they might lose all their money, the Wall Street Journal reported. Shares of AMC finished Thursday’s wild trading session down 18% at $51.34 after almost doubling in value the previous day. The stock appeared set to continue its run in Thursday’s premarket trading, notching double-digit percentage gains. The momentum reversed, though, once the company filed with regulators to sell more than 11 million shares and warned against investing in its stock. AMC shares dropped as much as 40%, then later recovered all of those losses before sliding again. The company’s shares had rocketed in recent days — extending their advance this year by 2,850% before Thursday’s decline — after the company sold a chunk of new shares to the hedge fund Mudrick Capital Management LP. The company had leaned into its sudden popularity with individual investors by offering popcorn to shareholders who visit an AMC cinema this summer. (Subscription required.)