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SVB Financial Group said it agreed with the Justice Department to tweak the financial terms and benchmarks of a plan to pay millions of dollars in bonuses to executives at a subsidiary, Bloomberg News reported. Bonus benchmarks for nine leaders of SVB Capital — the capital and investment arm of the bankrupt company — are now more “substantive and focused,” James Bromley of Sullivan & Cromwell said at a Tuesday hearing. The total payout for executives at lower performance benchmarks was reduced by $500,000, Bromley said, while the top level of payouts was increased by the same amount. The changes come after the Justice Department’s bankruptcy watchdog said the plan’s performance benchmarks were vague and not rigorous. The “true purpose” of the initial $12.5 million in bonuses was to maximize SVB Capital’s sale value by keeping the executives in place, the department said. SVB Financial Group, the former parent of Silicon Valley Bank, filed chaper 11 in March. It’s exploring a sale of SVB Capital, its primary remaining asset. The US Trustee, part of the DOJ, oversees bankruptcies on behalf of all creditors, and can object to a companies’ restructuring plans.

Bankrupt crypto lender BlockFi Inc. wants to block attempts by FTX and Three Arrows Capital to get back billions of dollars exchanged between the firms before all three companies unraveled last year, Bloomberg News reported. BlockFi said in a Monday court filing that it was victimized by Sam Bankman-Fried’s platform and, as a result, failed crypto exchange FTX isn’t entitled to more than $5 billion being sought. Similarly, BlockFi accused the collapsed crypto hedge fund Three Arrows of using fraud to borrow money from the lender and isn’t entitled to potential repayment. Monday’s filings advance an ongoing court fight that could impact how much creditors of BlockFi, FTX and Three Arrows are repaid in the companies’ separate bankruptcy proceedings. BlockFi, which is liquidating, has said litigation with FTX, Three Arrows and a few other crypto firms could affect the amount its customers are repaid by $1 billion. FTX said in July that it’s primarily seeking to recover loan repayments and collateral pledged to BlockFi before Bankman-Fried’s platform crumbled into bankruptcy in November. Bankman-Fried has pleaded not guilty to fraud charges and is scheduled to go to trial in October.

JPMorgan Chase & Co. was accused of helping Sinclair Broadcast Group raid its own local sports television unit for $929 million when that affiliate, Diamond Sports Group, was likely insolvent, according to a lawsuit made public on Monday, Bloomberg News reported. Diamond accused JPMorgan of working with Sinclair — Diamond’s parent company — to extract the cash from the sports broadcasting business as it was headed toward chapter 11 with billions of dollars in debt, according to the complaint in Texas bankruptcy court. Diamond has separately accused Sinclair of wrongly draining $1.5 billion from the business, an allegation the parent company denies. Specifically, Diamond alleges JPMorgan advised Sinclair to funnel roughly $929 million out of the sports broadcaster in order to repay preferred equity held by a JPMorgan affiliate. That was despite JPMorgan being “well aware” of significant challenges facing the company’s network of regional sports channels at the time Sinclair acquired the business from The Walt Disney Company in August 2019 in a deal valued at $10.6 billion, according to the lawsuit.

The U.S. has at least 600 fewer nursing homes than it did six years ago, according to a Wall Street Journal analysis of federal data. More senior care is happening at home, and the Covid-19 pandemic caused many families to shun nursing homes while draining workers from an already short-staffed industry. The result? Elderly patients are stuck in hospitals, a dangerous place for seniors, waiting for somewhere to go—sometimes for months. Beds are disappearing while the need for senior care is growing. The American population 65 and older is expected to swell from 56 million in 2020 to 81 million by 2040. Even before the industry started to shrink noticeably, it was effectively contracting. Though fewer people tend to live in counties without nursing homes, those counties tend to have more elderly residents than average. For people who need comprehensive care, closures can mean disruptive moves or ending up far from loved ones. Data show capacity in the nursing-home industry has lagged behind growth in the ranks of older Americans for many years. By 2018, the decline accelerated as nursing-home beds steadily disappeared. The shrinkage was decades in the making. Most older people would prefer to stay in their homes and more Medicaid spending on long-term care has gone to home- and community-based services rather than institutions such as nursing homes since 2013. Those forces contributed to a net loss in nursing-home beds that has hit almost every state. Read more.(Subscription required.)

The financially troubled senior living facilities will be one of the session topics at the ABI Healthcare Program, September 18-19, 2023, in Nashville, Tenn. For more information and to register, click here.

The dismantling of bankrupt trucker Yellow is shaping up as a bidding battle over real estate as trucking companies look to capitalize on a rare chance to snap up coveted freight terminals across North America, the Wall Street Journal reported. Old Dominion Freight Line last week agreed to buy Yellow’s network of about 170 truck terminals for $1.5 billion, surpassing an earlier offer of $1.3 billion from rival trucker Estes Express Lines. Both bids exceeded the value Yellow placed on its real estate in its bankruptcy filing, signaling the high value trucking companies place on the sites. Old Dominion Freight Line is now the stalking horse in a bankruptcy court-supervised auction that will take place on Oct. 18. That means ODFL is the front-runner but by no means the certain winner in a contest expected to draw bids from across the trucking industry and the industrial real-estate sector.

A sprawling Greenwich Village townhouse once rented by rapper Travis Scott — and now listed for $22.5 million — has entered bankruptcy ahead of a scheduled foreclosure auction, Bloomberg News reported. 80 West Washington Place Real Estate Holdings LLC, the legal entity that owns the abode, filed for chapter 11 protection yesterday. It disclosed liabilities of more than $20 million in court papers. Sitting less than a block from Washington Square Park, the townhouse dates to the 1800s and was once owned by composer John Philip Sousa. Its more than 8,700 square feet holds six beds and eight baths, according to a listing from Compass. Other draws include a wine cellar, hot tub and private spa. A mortgage lender sought to foreclose on the property in 2021, according to papers filed in New York state court. A foreclosure sale was scheduled for Wednesday. chapter 11 can pause legal actions by imposing an automatic stay on all pending litigation.

FTX cryptocurrency exchange founder Sam Bankman-Fried is "subsisting on bread and water" because the federal jail where he is being held ahead of his fraud trial has not provided him with a vegan diet as he requested, his lawyer said on Tuesday, Reuters reported. Bankman-Fried pleaded not guilty in Manhattan federal court to seven criminal charges contained in a new indictment during a hearing before U.S. Magistrate Judge Sarah Netburn. His lawyer, Mark Cohen, told Netburn during the hearing that a lack of adequate food and medication provided at Brooklyn's Metropolitan Detention Center was hampering Bankman-Fried's ability to prepare for his scheduled October trial. The former billionaire was led into court wearing leg restraints and a beige-colored uniform for his first appearance since his bail was revoked on Aug. 11 by U.S. District Judge Lewis Kaplan, who found that Bankman-Fried had tampered with witnesses at least twice.

McKinsey and several of its executives must face a critic’s lawsuit alleging the consulting firm concealed conflicts of interest from bankruptcy courts to win business advising on major corporate restructurings, WSJ Pro Bankruptcy reported. Judge Jesse Furman of the U.S. District Court in New York declined on Monday to dismiss the bulk of claims filed against McKinsey by the founder of a competing firm accusing it of submitting false disclosures to bankruptcy courts that omitted potentially disqualifying financial conflicts. The judge’s ruling allows Jay Alix, the retired founder of turnaround consulting firm AlixPartners, to advance his claims that McKinsey’s disclosures were part of a racketeering conspiracy to boost its restructuring advisory practice at the expense of competing firms. Judge Furman granted McKinsey’s motion to dismiss one of the four racketeering counts Alix alleged, while finding the other three were plausible enough to proceed against the firm. It has denied the allegations and said Alix wants to use the lawsuit to drive McKinsey out of the lucrative marketplace for restructuring advice.

The Roman Catholic Archdiocese of San Francisco filed for bankruptcy on Monday, saying a chapter 11 filing will facilitate a settlement of about 500 lawsuits accusing the church of enabling childhood sexual abuse by priests, Reuters reported. The filing in U.S. bankruptcy court in San Francisco will put the lawsuits on hold and buy time for settlement talks, Archbishop Salvatore Cordileone said in a statement. "We believe the bankruptcy process is the best way to provide a compassionate and equitable solution for survivors of abuse while ensuring that we continue the vital ministries to the faithful and to the communities that rely on our services and charity," Cordileone said. The "overwhelming majority" of the alleged abuse occurred in the 1960s and 1970s, involving priests who are deceased or no longer in ministry, Cordileone said. The current wave of lawsuits was filed after California passed a 2019 law allowing people to bring claims for childhood sexual abuse that otherwise would have been barred due to the expiration of the statute of limitations. The dioceses of Oakland and Santa Barbara this year also filed for bankruptcy, each citing the impact of hundreds of sex abuse lawsuits.

The Supreme Court recently announced that it will review Purdue Pharma’s bankruptcy settlement, which would release the company’s owners, the Sackler family, from future civil liability for the harms they imposed on millions of opioid victims. Some see this as an opportunity to vindicate victims and prevent abusive bankruptcy settlements. That is wrong. The reality is that the Supreme Court’s review comes at a major cost to opioid victims, potentially delaying compensation they would receive by months or even years, according to a commentary today in the Washington Post by Profs. Anthony Casey of the University of Chicago Law School and Edward Morrison of the Columbia Law School (New York). It might also cost the entire legal system. If the court rejects the settlement in this case, it would cripple our bankruptcy courts, which play a key role in remedying mistreatment of mass tort victims by our legal system. The Sacklers played a key role in these misdeeds, yet they never filed for bankruptcy, and victims never had an opportunity to pursue lawsuits against them in civil courts. Instead, Purdue commenced a bankruptcy case, which brought all victims, governments and other injured parties into a single court. The Sacklers agreed to offer settlement money in exchange for a release from liability. After injured parties pushed back, and after months of mediation, the Sacklers increased their offer from more than $4 billion to nearly $6 billion for a release. The company has twice pleaded guilty to criminal charges — first in 2007, for misleading the public about the safety of its products, and again in 2020, for defrauding the United States and violating the federal anti-kickback statute. Today, more than 95 percent of victims who voted did so in favor of this settlement; so have nearly 80 percent of the states and territories and more than 96 percent of tribes and other non-state governments with claims against Purdue and the Sacklers. Read more.

*The views expressed in this commentary are from the author/publication cited, are meant for informative purposes only, and are not an official position of ABI.