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Akorn Pharmaceuticals Announces Bankruptcy, Lays Off Hundreds in Decatur

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Akorn Pharmaceuticals has announced they are filing chapter 7 bankruptcy and laying off hundreds in Decatur, Ill., WCIA.com reported. In a company-wide video call, Akorn President Douglas Boothe announced to employees that Wednesday would be the last day they can visit the office to pack up their belongings. Mayor of Decatur Julie Moore Wolfe estimates about 450 workers were laid off by Akorn. Boothe said the company had been looking for potential buyers since last year. “The company’s owners have just informed us they will not provide any additional financing required to run the business,” Boothe said. “Their decision leaves us, the board and the ownership and the management team, with no other alternatives to conclude the sales process and initiate bankruptcy proceedings.” The pharmaceuticals company will terminate all benefits from employees at the end of the month. Boothe also said they will be unable to pay severance or provide COBRA health insurance coverage to their former employees. Akorn previously filed for chapter 11 protection in 2020. Illinois Rep. Sue Scherer (D-Decatur) believes the company broke state law. Illinois’ WARN Act requires companies of more than 75 employees to give state and local officials 60 days’ notice before a mass layoff if they are laying off more than a third of the location’s workforce, or 250 workers. If the company is found violating the WARN Act, Akorn is liable to give backpay and benefits to their workers for every day they are in violation.

Australian Coal Miner Allegiance’s U.S. Subsidiaries File for Bankruptcy

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U.S. subsidiaries of Australian coal mining company Allegiance Coal Ltd. filed for chapter 11 protection on Tuesday, WSJ Pro Bankruptcy reported. The chapter 11 filing includes the New Elk and Black Warrior coal mines located in Colorado and Alabama, respectively, according to papers filed in the U.S. Bankruptcy Court in Wilmington, Del., by Allegiance Coal USA Ltd. The Australian parent company said last week that it is switching away from the production of thermal coal because of a decline in prices for thermal coal delivered to Europe. Instead the company said it is ramping up production of metallurgical coal.

Warring Revlon Lenders Settle Debt Dispute to Ease Company’s Bankruptcy Exit

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Lenders to Revlon Inc. eased the way for its exit from bankruptcy by settling their lawsuit over a 2020 debt deal that stripped their collateral and sent it to a rival creditor group, WSJ Pro Bankruptcy reported. The bankrupt beauty-products business said the agreement between the company and its primary creditor groups would put Revlon on a clear path to exiting chapter 11 with $2.7 billion less in debt. The proposed settlement positions Angelo Gordon & Co., Glendon Capital Management LP and other lenders to take control of Revlon following the debt deal they engineered that sparked years of litigation with other creditors. Creditors that challenged the 2020 deal agreed to accept their share of an 18% stake in the restructured company or a $56 million cash pool to walk away from the lawsuit. They could recover at least 17% of their claims, if they take cash, and potentially as much as 25%, if they participate in an equity-buying program to provide Revlon with $670 million in fresh equity capital upon its exit from chapter 11. A previous estimate showed their recoveries at up to roughly 13%. Judge David Jones of the U.S. Bankruptcy Court in New York had largely dismissed a lawsuit challenging the 2020 debt deal, which transferred intellectual property collateral from existing Revlon lenders to Angelo Gordon and other participants. Last week, the judge said the plaintiff lenders’ claims against Revlon were barred by bankruptcy law and that their remaining claims against rival lenders appeared to be on shaky legal ground.

Internet Startup Starry Files for Bankruptcy After Tepid SPAC Deal

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Broadband internet startup Starry Group Holdings Inc. filed for bankruptcy less than a year after going public by merging with a special-purpose acquisition company, or SPAC, WSJ Pro Bankruptcy reported. The discount internet service provider said in papers filed with the U.S. Bankruptcy Court in Wilmington, Del., that a liquidity crunch, mounting debts and the high costs of supporting existing infrastructure made it necessary to resort to chapter 11 to restructure the business. The bankruptcy filing came less than a year after Starry went public in March 2022 by completing its merger with FirstMark Horizon Acquisition Corp., a SPAC backed by the founders and executives of technology-focused venture-capital firm FirstMark Capital. SPACs were popular investments on Wall Street in 2021, booming alongside cryptocurrencies, meme stocks and other risky assets. The boom has since turned to bust. Shares in many companies that went public through SPACs have crashed and some startups are backing out of these merger deals. Starry, based in Boston, has reached an agreement with key creditors on a restructuring framework and aims to sell its assets for at least $170 million through a competitive bidding process, subject to bankruptcy-court approval. Starry’s key creditors back its restructuring plan, the court filing said.

Bankman-Fried Resists Testifying in Voyager Digital Bankruptcy

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Sam Bankman-Fried is resisting efforts to make him testify in the bankruptcy case of the digital asset lender Voyager Digital Ltd, Bloomberg News reported. Lawyers for the co-founder of FTX, the cryptocurrency exchange that collapsed causing billions of dollars in losses, asked a federal judge in California Tuesday to block a subpoena from lawyers representing unsecured creditors in the bankruptcy case underway in New York. The subpoena calls for Bankman-Fried to appear in person Feb. 23 at the San Francisco offices of McDermott Will & Emery to answer questions, and it included 49 separate and wide-ranging document requests to be turned over by Feb. 20. Bankman-Fried’s lawyer, Marc R. Lewis, argued the subpoena should be quashed because it wasn’t properly served, it’s unreasonable, and it may require the FTX chief executive officer to invoke his Fifth Amendment constitutional right to avoid incriminating himself. The subpoena was delivered to Bankman-Fried’s mother at his parents’ house in California, but Sam wasn’t there because he was attending a bail hearing in his New York criminal case, according to the filing. Alameda Research Ltd., Bankman-Fried’s defunct crypto trading house, is attempting to claw back about $446 million from Voyager Digital. The funds are related to cryptocurrency loans Voyager provided to Alameda before Voyager filed for bankruptcy in July.

Bankrupt Party City Needs Halloween Costumes. Some Vendors Want a Hedge.

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As Party City Holdco Inc. wades through bankruptcy, some of its most important vendors are banding together to negotiate better trade terms for a holiday the company relies on: Halloween, Bloomberg News reported. Halloween orders are placed months ahead of time, meaning costume suppliers have to decide soon what they’re willing to ship to the bankrupt party supplier and on what terms. But with the company’s future still in the hands of a federal judge, some suppliers are wary of waiting until after the holiday to get paid for their goods. “It’s crunch time,” said Jason Torf, an attorney representing the group. “The goal of the committee is to support Party City, but in a way that protects these vendors.” New Jersey-based Party City has proposed paying the vendors two months after Halloween, by Dec. 31, according to Torf. That months-long wait puts vendors in a precarious position: taking on millions of dollars of risk without a guarantee of how the company’s restructuring will unfold. What’s more, Party City still owes some suppliers money from pre-bankruptcy shipments, court papers show. The newly formed vendor group is tied to the Halloween & Costume Association, a trade group, and includes some of the biggest Halloween suppliers in the country, according to Torf. It was formed in part to talk with the company about an agreement that ensures protection in case Party City runs out of money.

BlockFi Seeks to Strip Sam Bankman-Fried’s Investment Vehicle of Bankruptcy Protections

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Crypto lender BlockFi Inc. has asked for a court ruling stripping Sam Bankman-Fried ‘s offshore investment vehicle of the protections of chapter 11, citing the recent seizure of its assets by federal prosecutors, WSJ Pro Bankruptcy reported. BlockFi, itself bankrupt since November, sought Thursday to dismiss the bankruptcy case of Emergent Fidelity Technologies Ltd., the offshore investment vehicle that Mr. Bankman-Fried used to purchase a 7.6% stake in Robinhood Markets Inc. The chapter 11 case serves little purpose and was only filed to undermine BlockFi’s claim to the Robinhood shares, according to BlockFi’s motion in the U.S. Bankruptcy Court in Wilmington, Del. Court-appointed liquidators in Antigua and Barbuda, where Emergent is based, placed it under chapter 11 earlier this month after federal prosecutors seized its Robinhood stake and cash holdings. BlockFi said in its filing that Emergent has no property to administer that would qualify it for chapter 11 and only filed bankruptcy as a litigation tactic. BlockFi has staked a claim to the Robinhood shares as collateral for $600 million in loans it made to Mr. Bankman-Fried’s crypto trading firm Alameda Research. The new management team guiding FTX and Alameda through their own chapter 11 cases has also claimed an interest in Emergent’s assets, which now sit in a government-controlled account.

Retailer Tuesday Morning to Close More than Half Its Stores Following Bankruptcy

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Troubled discount home-goods retailer Tuesday Morning Corp. will close more than half its locations nationwide after filing for chapter 11 protection for the second time in three years, MarketWatch.com reported. The company filed for bankruptcy on Feb. 14, with Chief Executive Andrew Berger citing “exceedingly burdensome debt.” The company said it has secured a $51.5 million debtor-in-possession commitment from Invictus Global Management. “We have determined that the best path to reorganizing and transforming the company begins with a chapter 11 filing,” Berger said in a statement. “Fortunately, we have the support of a committed capital provider in Invictus and a clear vision for transforming into a focused retailer that serves its core heritage markets in a profitable manner.” Tuesday Morning said that it currently operates 487 stores in 40 states, and it employed about 1,600 full-time and 4,700 part-time workers, according to its most recent 10-K filing. The company said that the 263 stores targeted for closure are largely in “low-traffic regions.”

Ohio Lawmakers Revive Bill to Help Former Boy Scouts Seek Financial Relief for Sex Abuse

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Ohio lawmakers have revived bipartisan legislation that would level the playing field for Ohioans who were sexually abused by Boy Scout leaders and want to seek financial relief from the organization, the Columbus (Ohio) Dispatch reported. Ohio House Bill 35, introduced last week by Reps. Bill Seitz, R-Cincinnati, and Jessica Miranda, D-Forest Park, stems from rules laid out in the Boy Scouts of America's bankruptcy settlement. It would scrap Ohio's civil statute of limitations for child sex abuse in bankruptcy cases, allowing survivors to recoup the full amount owed to them. The House passed the bill late last year, but it failed to clear the Senate during the Legislature's lame-duck session. That means Seitz and Miranda are starting from scratch. Boy Scouts of America filed for bankruptcy in 2020 as it faced hundreds of lawsuits across the country from former scouts who said they were molested and raped by leaders and volunteers. Nearly 2,000 abuse claims have been filed in Ohio alone. The settlement, approved in September, allows survivors to apply for a $3,500 expedited payout. Alternatively, survivors can pursue an independent review or see where they fall on a matrix that doles out money based on the severity and frequency of abuse. For those two options, the state's statute of limitations is a key factor. In Ohio, survivors of child sex abuse have until age 30 to file a lawsuit against the perpetrator or affiliated institution. Per the settlement rules, Ohio's current law would limit survivors to 30% to 45% of what they're eligible for under the matrix. They would not qualify for an independent review.

Government Cracks Down on Crypto Industry with Flurry of Actions

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Cryptocurrency executives had hoped that 2023 would herald a new beginning after a year of disastrous setbacks. Instead, the industry has found itself on the receiving end of an aggressive government crackdown, the New York Times reported. Last month, the Securities and Exchange Commission levied fines and other penalties against crypto lending firms, while federal banking officials issued policy statements that appeared calculated to make it harder for crypto companies to participate in the mainstream finance system. In the last few days, the pace has accelerated. Two high-profile crypto firms — including a popular exchange where people buy and sell digital coins — came under intense pressure from state and federal regulators. After announcing a settlement with the exchange, the S.E.C. also fined a crypto promoter and sued a start-up that issued digital coins, for a total of three enforcements in just over a week. The actions are likely a prelude to a protracted spell of legal wrangling, as regulators respond to the market turmoil that caused prominent crypto companies to file for bankruptcy last year and cost investors billions of dollars. And the enforcement signals a growing urgency in Washington, D.C., to address the threat posed by cryptocurrencies, an experimental technology that enables new forms of financial speculation. For years, regulators were criticized for failing to come to grips with the crypto industry, even as it grew into a multitrillion-dollar business. In November, the FTX crypto exchange, once regarded as one of the most reliable firms in the freewheeling industry, failed practically overnight, and its founder, Sam Bankman-Fried, was charged with orchestrating a yearslong fraud. That put regulators under intense pressure to act. Crypto companies have long existed in a legal gray area, with legislators and government officials debating how they should be classified for regulation. The industry’s growth has outstripped the slow-moving federal bureaucracies that oversee the other parts of the finance industry, like traditional banks and publicly traded companies.