Skip to main content

%1

Drugmaker Endo Cleared to Poll Creditors on Opioid Settlements

Submitted by jhartgen@abi.org on

Drug manufacturer Endo International Plc won bankruptcy court permission to poll its creditors on a plan that would hand control of the business to lenders and settle opioid liabilities in deals valued at more than $600 million, Bloomberg News reported. Judge James L. Garrity Jr. said during a court hearing yesterday in New York that he’ll allow Endo creditors to vote on its restructuring plan weeks after the company announced opioid-related settlements. The judge’s approval keeps Endo on pace to emerge from chapter 11 protection in the second quarter of 2024. Endo filed for bankruptcy in August 2022 to deal with more than $8 billion in long-term debt and lawsuits alleging the company helped fuel the nation’s addiction crisis. Opioid lawsuits also drove fellow drugmakers Mallinckrodt Plc and OxyContin maker Purdue Pharma LP into chapter 11. Endo’s restructuring plan includes settlements with state and federal authorities, and is expected to pay individual opioid victims between $89.7 million and $119.7 million, according to court documents. The company has also agreed to pay $273 million to more than 40 states and as much as $365 million to the U.S. Justice Department. The exact amount of the payments depends on whether Endo opts to pay some settlements in full when the company leaves bankruptcy or over time, the documents show.

Owner of Mixed-Use Property in Manhattan Files for Bankruptcy

Submitted by jhartgen@abi.org on

The owner of mixed-use building Bloom on 45th in Manhattan has filed for bankruptcy, saying fallout from the COVID-19 pandemic as well as interest-rate hikes have made it unable to meet its debt obligations, WSJ Pro Bankruptcy reported. Hudson 888 sought protection from creditors Sunday in the U.S. Bankruptcy Court in Manhattan after it failed last Friday to reach a debt-restructuring settlement with a secured lender owed a total of $79.8 million. The property, at 500 W. 45th St., was built in 2020. Roughly 60 residential units of the 92-unit luxury condo property in Hell’s Kitchen are unsold. “As a result of the pandemic restrictions in place for more than two years, residential sales of the project did not meet the projections” of the owner and original lenders, Hudson 888 Chief Executive Sheng Zhang said in a filing. When pandemic restrictions started easing in 2022, the Federal Reserve began successive interest rate hikes to combat inflation. “Those increases in interest rates caused mortgage rates to increase, which put downward pressure on the condominium sales market,” the CEO said in the filing. Hudson began defaulting on its debt in late 2022.

High Court Rejects Case Over Nationwide Bankruptcy Class Relief

Submitted by jhartgen@abi.org on

The U.S. Supreme Court declined to hear a case over whether a bankruptcy judge can certify a nationwide class of individuals who allege Citigroup Inc. willfully violated their bankruptcy discharges, Bloomberg Law reported. The high court’s order yesterday leaves in place an August ruling by the U.S. Court of Appeals for the Second Circuit that freed Citi from facing a nationwide class action claim for allegedly refusing to correct the tradelines for consumers whose credit card debts were discharged in bankruptcy. The Second Circuit held that a bankruptcy court lacks the authority to hold a creditor in contempt for violating a debt discharge injunction issued by another bankruptcy court, and thus can’t grant broad relief to a nationwide class. Petitioner Kimberly Bruce said that the justices should hear the dispute because there’s nothing in the Bankruptcy Code that prohibits certification of a nationwide class of debtors or imposes the jurisdictional limitation outlined by the Second Circuit. Moreover, the August ruling stands in conflict with First Circuit precedent, she said. Bruce, who was initially permitted by the U.S. Bankruptcy Court for the Southern District of New York to bring a civil contempt claim against Citi on behalf of a nationwide class, said there’s no need to make thousands of class members return to hundreds of bankruptcy judges “to obtain the same relief against the same defendant.” Read more.

The Supreme Court will hill oral argument today in Office of the United States Trustee v. John Q. Hammons Fall 2006, LLC to determine whether the appropriate remedy for the constitutional uniformity violation found by this court in Siegel v. Fitzgerald is to require the United States Trustee to grant retrospective refunds of the increased fees paid by debtors in U.S. Trustee districts during the period of disuniformity, or is instead either to deem sufficient the prospective remedy adopted by Congress or to require the collection of additional fees from a much smaller number of debtors in Bankruptcy Administrator districts. Click here to listen to the argument today at 10 a.m. ET.

Lumen Technologies Seeks Bank Lender Support for Debt Deal, Sources Say

Submitted by jhartgen@abi.org on

Lumen Technologies is in talks with its bank lenders to win support for a debt deal that would push out the telecommunications network operator’s maturities on billions of dollars in debt and raise fresh capital, WSJ Pro Bankruptcy reported. Louisiana-based Lumen late last year said it reached a debt swap agreement with a group of creditors. Lenders for its revolving credit line led by Bank of America weren’t part of the discussions that led to the restructuring deal. The signoff from its revolver lenders is likely the last hurdle Lumen faces before completing the debt restructuring transaction. Late last year, the company announced that it had pushed back the date of completion of the transaction to the end of January after earlier disclosing in a securities filing that the deal was set to expire if it wasn’t completed by the end of 2023. Large bondholders who negotiated the deal include Citadel Capital, Pacific Investment Management Co., Franklin Resources, Brigade Capital Management, BlackRock and Silver Point Capital. “We have made significant progress to date with our creditors,” Chris Stansbury, chief financial officer at Lumen, said in an emailed statement. “We have ample liquidity, and we are playing to win.” Formerly known as CenturyLink, Lumen grew bigger through several takeovers including a $25 billion merger with Level 3 Communications in 2017. The company is grappling with $20 billion in debt, much of which comes due in the next several years.

Bankruptcy Judge Approves Celink Stipulation in RMF Bankruptcy Case

Submitted by jhartgen@abi.org on

The presiding judge in the ongoing bankruptcy case of Reverse Mortgage Funding (RMF) has approved a stipulation that would resolve an administrative claim made against the company’s estate by reverse mortgage servicing company Celink, authorizing both companies to consummate the agreement, HousingWire.com reported. The agreement, stemming from a proof of claim filed against RMF by Celink in May 2023, originally sought $361,726 from the lender based on a subservicing agreement entered between both companies in late 2016. According to the court filing reviewed by RMD, both parties engaged in “good-faith negotiations” and settled on a figure of $78,195, or only 21.6% of the originally sought amount. The new figure is considered an “administrative expense claim,” according to the stipulation, and is expected to be paid by the RMF estate to Celink 10 calendar days following the approval of the revised figure. “No other amount or claim shall be allowed or payable to Celink as an administrative expense or allowed unsecured claim in these cases solely with respect to the [relevant claim],” the order said. “For the avoidance of doubt, nothing in this stipulation shall affect the allowance or payment of Celink’s remaining claims as an administrative expense or allowed unsecured claim.” Under the terms of the stipulation, Celink and RMF also agreed that this settles any and all related issues stemming from this specific claim, and that the newly-agreed payment “shall fully resolve and satisfy all claims that Celink has, has had, may have or may claim to have against [RMF], wind-down debtors, or the [RMF bankruptcy] plan administrator arising from or relating to [this specific claim].”

Debts, Lawsuits Force Detroit Builder to File Bankruptcy

Submitted by jhartgen@abi.org on

Detroit-based builder MiG Construction filed for bankruptcy last month, according to a court filing in U.S. Bankruptcy Court for the Eastern District of Michigan, following legal disputes at a $30 million job in the city and debt to its subcontractors, ConstructionDive.com reported. The firm faced issues on the Dreamtroit project, a $30 million affordable housing development that MiG is contracted on. MiG filed a lien against Dreamtroit’s developers, alleging they owed the builder $3.28 million, while subcontractors lined up to demand their own payments from MiG. All told, the construction company reported it had between 100 and 199 creditors, according to the Dec. 19 bankruptcy filing, with $6.28 million in total liabilities. However, MiG noted that funds would be available for distribution to unsecured creditors.

Radio Broadcaster Audacy Files for Bankruptcy

Submitted by jhartgen@abi.org on

Audacy filed for bankruptcy Sunday, succumbing to a steep decline in radio advertising, WSJ Pro Bankruptcy reported. The Philadelphia-based broadcaster filed a chapter 11 petition in the U.S. Bankruptcy Court for the Southern District of Texas after having reached an agreement with a majority of its creditors to hand over control of the business. As part of the deal, Audacy would reduce its nearly $2 billion debt load by roughly $1.6 billion, leaving $350 million of debt outstanding following the reorganization, according to a company statement. A group of lenders will provide roughly $57 million in debtor-in-possession financing for the proceedings. The Wall Street Journal reported last week that Audacy was preparing to make such a move after it missed interest payments on its senior loans in October. The company obtained consent from its lenders for a grace period so it could restructure its debt. Audacy operates hundreds of radio stations that broadcast music, news and sports, and provides streaming services through its mobile app. Founded in 1968 as Entercom Communications, the company merged with CBS Radio in 2017. It operated as Radio.com following the CBS merger before rebranding as Audacy in 2021.

Justice Department Objects to Keeping Dispute Involving Ex-Bankruptcy Judge in Former Colleagues’ Hands

Submitted by jhartgen@abi.org on

The Justice Department is objecting to a Texas bankruptcy judge’s recommendation that his court maintain control of a case challenging fees a former fellow judge approved to a law firm while he was involved in an undisclosed romantic relationship with a lawyer there, WSJ Pro Bankruptcy reported. The U.S. Trustee, a division of the DOJ that scrutinizes the nation’s bankruptcies, is instead pushing for a federal district court to take over the legal proceeding. Former bankruptcy judge David R. Jones resigned last year after a circuit court of appeals filed a complaint stating it found probable cause of misconduct. Southern District of Texas chief bankruptcy judge Eduardo Rodriguez in December recommended his court handle the proceeding, in which the trustee is challenging roughly $13 million of fees former bankruptcy judge David R. Jones approved for law firm Jackson Walker across 26 bankruptcy cases. Jones resigned last year after the Fifth Circuit Court of Appeals started an investigation and filed a complaint stating it found probable cause of misconduct surrounding Jones’ relationship with Elizabeth Freeman. She had been a Jackson Walker partner while he approved those fees, and had herself billed hours in 17 of the cases. The trustee argued in an objection filed on Thursday that “alleged years-long, intentional, and repeated ethical failures,” by Jones, Freeman, and Jackson Walker “have raised widespread and legitimate concerns about the fairness and impartiality of proceedings in the Bankruptcy Court for the Southern District of Texas.”

Crypto Lender Celsius to Unstake $470 Million in Ether Ahead of Repayments

Submitted by jhartgen@abi.org on

Embattled crypto lending platform Celsius has confirmed it has started recalling and rebalancing its crypto assets, including Ether, as it prepares for “timely distributions to creditors,” CoinTelegraph.com reported. The lending firm, which has been in bankruptcy court since its chapter 11 filing in July 2022, stated on Friday that it has begun shifting assets to “ensure ample liquidity” in preparation for any asset distributions. Celsius added that it will unstake its existing Ether holdings, “which have provided valuable staking rewards income to the estate.” The liberated Ether will be used to “offset certain costs incurred throughout the restructuring process” and “unlock ETH to ensure timely distributions to creditors,” it added.

$52 Million Missing in Involuntary Bankruptcy Case of Commercial Lender

Submitted by jhartgen@abi.org on

The $52 million question in Prime Capital Ventures’ bankruptcy case surrounds what happened to the money it invested in a hedge fund, The Real Deal reported. The dilemma is unfolding as Prime deals with an involuntary bankruptcy proceeding. The commercial lender’s bankruptcy was initiated by three companies that allege they were defrauded by Prime, including two real estate developers. They claim Prime accepted $22.7 million in interest-payment deposits without the commercial lender issuing them loans or repaying the deposits when asked. An attorney is serving as an interim trustee to oversee Prime’s assets as a federal judge determines whether to place Prime into chapter 7 bankruptcy or dismiss the company’s case. Tracking down the interest deposits invested into Berone Capital, however, has been no easy task. “I simply can’t find this $52 million,” Christian Dribusch said during a hearing this week. “I can’t get verification that it exists,” Dribusch added, declaring it the “biggest red flag” in front of him. Prime offers lines of credit to clients who provide 20 percent of the value of the loan in advance to cover potential interest payments. Dribusch said Prime would then invest the interest deposits with Berone under a joint venture agreement. The judge in the case is requiring Berone to disclose the value of Prime’s interest in the hedge fund and provide corroboration that the missing funds exist. Berone, which is based in Georgia, did not respond to the publication’s request for comment.