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Humanigen Mulls Bankruptcy After Reverse Merger Falls Through

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Humanigen is running out of options as talks over a reverse merger have collapsed and, with efforts to find another deal or raise funding failing, the biotech is considering filing for bankruptcy in the third quarter, FierceBiotech.com reported. The New Jersey-based biotech has been on the ropes since its anti-human GM-CSF monoclonal antibody failed to improve outcomes in hospitalized COVID-19 patients last year. Humanigen was already reeling from the FDA’s rejection of its request for emergency use authorization and the stock has stayed firmly rooted in penny stock territory ever since the late-phase flop. By the end of March, Humanigen was down to its last $3.1 million but a non-binding letter of intent with a private biopharma company presented an exit strategy. Humanigen was in exclusive negotiations over a stock-for-stock deal and seeking external financing in connection with the reverse merger.

Minneapolis-based Foxo Technologies Warns of Possible Bankruptcy, Lays Off Employees

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Foxo Technologies, a Minneapolis-based biotech startup, is facing the prospect of bankruptcy if it cannot quickly secure new financing, the Minneapolis Star Tribune reported. Without the financing, "it will be unable to fund its operations," the company said in a Friday filing with the U.S. Securities and Exchange Commission. Besides bankruptcy, the company, which went public in September 2022, will look at dissolving or liquidating assets should need be, the filing said. Foxo also is reducing staff from 22 to 15 employees to cut operating expenses, the filing said. Foxo developed a saliva test that could be used to identify biomarkers to measure longevity. The concept was to market the data to life insurance companies. Foxo reported in May that first quarter revenue was $13,000, down from $40,000 in the same quarter the year before. Its net loss was $7.6 million, compared with a net loss of $12.3 million. Foxo went public last September in a merger with a Texas-based special purpose acquisition company. On its first day of trading the company's stock opened at $9.15 per share. On Friday Foxo's stock closed at 15 cents per share. Two months after going public, Foxo ousted CEO Jon Sabes and his brother, Chief Operating Officer Steven Sabes. In March, Foxo disclosed that it was under SEC investigation. The agency was seeking documents related to Sabes' exit from the company.

Families Owed Millions in Deposit Refunds After One of Illinois’ Largest Retirement Communities Files for Bankruptcy

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More than a month after one of Illinois’ largest retirement communities filed for bankruptcy, families are coming to terms with the fear they may not receive in full a substantial contractually owed refund they were once promised, NBC 5 Chicago reported. Friendship Village of Schaumburg, Ill., filed for bankruptcy last month after it said it could not recover from losses brought on by the pandemic. Among its listed debts are dozens of families who are owed entrance fee or deposit refunds, ranging from more than $100,000 to $500,000 each. Friendship Village is among the list of many retirement communities struggling to honor their refund obligations after COVID-19 disrupted a common business model that they say worked for many years. Questions surrounding that business model have led an Illinois lawmaker to propose a law that would mandate a system for communities to follow when paying out these kinds of refunds, in an effort to bring transparency and timeliness to the process. Friendship Village of Schaumburg was created in 1974 and is the largest continuing care retirement community in Illinois.
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Opioid Victims Object to Supreme Court Review of Purdue Pharma’s $6 Billion Settlement

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Victims of opioid addiction are objecting to the U.S. government’s request to send Purdue Pharma’s pending bankruptcy plan for review before the Supreme Court, which would delay long-awaited disbursements under a $6 billion settlement for addiction victims and state governments, WSJ Pro Bankruptcy reported. Purdue and tens of thousands of addiction victims, state governments and municipalities last year reached a global settlement worth $6 billion over the pharmaceutical company’s alleged role in fueling the nation’s opioid crisis. The settlement would help end a yearslong legal battle that led to Purdue’s bankruptcy and would shield members of the Sackler family, who own the company, from future opioid-related liabilities. Earlier this month, the federal government filed an appeal to the Supreme Court to review the $6 billion settlement, suggesting that the legal waivers for the Sacklers may not conform with U.S. law. If the court agrees to hear the case, it could take until the end of next year for a decision to be made, and even longer for funds to flow from the settlement. Victims and state governments, who have sued Purdue over damages caused by its prescription opioid OxyContin, are objecting to the delays, saying they are in need of immediate receipt of the settlement funds promised by Purdue and the Sacklers. A group of state governments that have sued Purdue also argued that the federal government is putting lives in danger while it focuses on whether the U.S. bankruptcy code allows releases for members of the Sackler family, who haven’t filed for bankruptcy themselves.
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Novan Inc. Sells All Assets, Files for Bankruptcy

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Novan Inc., a Durham, N.C.-based medical dermatology company, announced that it had entered into an agreement to sell all of its assets and was filing for chapter 11, the Carolina Journal reported. Since its founding in 2006, Novan has had as its main focus to research, develop and commercialize innovative products for skin diseases such as acne, rosacea and plaque psoriasis, among others. Novan, alongside its wholly owned subsidiary EPI Health, is entering into a stalking-horse asset purchasing agreement with San Diego-based company Ligand Pharmaceuticals for $15 million, along with a loan in order to keep the company afloat until the deal is officially approved by the bankruptcy court. Just two months ago, Novan had reported a loss of $14.1 million in its first quarter and during June, it announced that it was cutting 50% (equaling to 39 employees). Novan had previously disclosed that it was pursuing financial and strategic alternatives to conserve cash. Previously, Novan had stated that it believed that “its existing cash and cash equivalents as of March 31, 2023, plus expected receipts associated with product sales from its commercial product portfolio,” would provide enough liquidity to fund all of its planned operating needs into late June of 2023. Among Novan’s most notable medical products in development is berdazimer gel 10.3%, which helps with the treatment of molluscum contagiosum, included in the selling agreement.
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ViewRay Files for Bankruptcy with Plans to Sell Assets

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ViewRay, which makes the MRIdian radiation-therapy system for cancer patients, said that it has filed for bankruptcy after years of unprofitable operations, and plans to sell some or all of its assets, WSJ Pro Bankruptcy reported. Inflationary pressures, supply-chain disruptions and late payments from international customers have worsened the company’s financial condition, Chief Executive Paul Ziegler said. The Denver-based company is in the process of laying off 71 people, after cutting 36 jobs earlier in the year. It will have 232 employees, mostly in the U.S., after the layoffs, it said in court filings. Unaudited financial statements show its assets, including intellectual property, totaled $226.4 million, with liabilities of $178.3 million, as of April 30. Its first-quarter losses widened to $28.9 million from $25.8 million in the year-ago period despite revenues inching up to $22.5 million from $18.9 million over the same time frame. In April, the company said that its cash-burn rate was twice the level it had forecast. It began exploring strategic alternatives, but was unable to restructure out of court, Ziegler said. The MRIdian system allows for simultaneous radiation treatment with real-time imaging of a patient’s internal anatomy. It is marketed to university research and teaching hospitals, community hospitals and private practices, among others. ViewRay said that it has received a commitment of about $6 million in bankruptcy financing from MidCap Financial Services.
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Hospital Rejects Nurses' Claims that Bankruptcy Filing Was 'Unnecessary'

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Residents, nurses and local politicians gathered at a town hall meeting in Hollister, Calif., to voice their concerns about the future of Hazel Hawkins Memorial Hospital after the San Benito Health Care District's recent chapter 9 bankruptcy filing, Becker's Hospital Review reported. Members of the California Nurses Association recently voted "no confidence" in both the Hazel Hawkins board and the administration and argued that the bankruptcy filing was a potentially catastrophic and unnecessary step in resolving the hospital's financial issues, according to the report. During the July 6 town hall meeting, Mike Rabourn, research lead for the California Nurses Association, argued that the financial health of the healthcare district is not as dire as it seems. "Ultimately, what we found, in spite of all their tales of woe, when you look under the hood, the district is actually not doing so bad, especially in the last six months," Mr. Rabourn said, according to benitolink.com. "As of May, it’s actually in quite a strong financial position according to their own financial reports. I think everybody is surprised that they are so aggressively pursuing this bankruptcy process when they’ve actually engineered quite a financial recovery since the fiscal emergency." Mr. Rabourn argued that the hospital district is not financially insolvent — despite projections that it will run out of cash by November or December 2024 — and that it currently has more than 35 days cash on hand and recorded about $2 million in net income over the past 11 months.

Mallinckrodt in Talks to Cut Opioid Settlement by Up to $1 Billion

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Financially troubled pharmaceutical company Mallinckrodt is in discussions with a compensation trust for opioid victims as it seeks to potentially reduce the amount of settlement payments by as much as $1 billion, according to people familiar with the matter, WSJ Pro Bankruptcy reported. The generic drugmaker exited bankruptcy in 2022 with a $1.7 billion settlement agreement with state and local governments and private plaintiffs, who alleged that the company played a role in fueling the opioid crisis. It paid $450 million upon emergence from chapter 11, and still owes roughly $1.2 billion. The company is exploring a range of different strategic possibilities for the remaining obligations, including possibly renegotiating the remaining amount under the settlement to roughly $200 million to $300 million, to be paid in a lump sum. Last month, Mallinckrodt delayed a $200 million payment owed to the trust, as well as missed interest payments owed to its bondholders. The company’s financial position has weakened since it exited its previous bankruptcy due to declining sales of specialty products and widening losses. The company has been in talks with financial stakeholders over restructuring proposals, some of which would involve a repeat bankruptcy filing.
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Justice Department Charges 78 People with $2.5 Billion in Health Care Fraud

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The Department of Justice announced Wednesday that it has recently charged 78 people with $2.5 billion in separate health-care fraud and opioid abuse schemes, CNBC.com reported. The defendants allegedly defrauded programs used to take care of elderly and disabled people, and in some cases used the ill-gotten money to buy exotic cars, jewelry, and yachts, the DOJ said. Among those charged are 11 defendants accused of submitting $2 billion in fraudulent claims through telemedicine, as well as 10 defendants charged in connection with fraudulent prescription drug claims. In all, prosecutors filed charges against people in 16 states in cases that were lodged or unsealed in the past two weeks as part of the coordinated crackdown. The defendants include “physicians and other licensed medical professionals who lined their own pockets, including doctors who allegedly put their patients at risk by illegally providing them with opioids they did not need,” the DOJ said in a press release.

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Berkshire Hathaway-Affiliated Talc Supplier Beats Challenge to Remain in Chapter 11

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A bankruptcy judge has ruled to allow a Berkshire Hathaway–affiliated defunct talcum powder supplier to remain in bankruptcy to address thousands of personal injury cases, rejecting a request from a state court-appointed receiver to throw the case out of chapter 11, WSJ Pro Bankruptcy reported. Judge Michael Kaplan of the U.S. Bankruptcy Court in New Jersey said in his ruling Tuesday that the board of directors of former talc supplier Whittaker, Clark & Daniels had the authority to place the company under chapter 11 protection in April. The judge declined to dismiss the case requested by the receiver appointed by a South Carolina trial judge in March. The receiver, Peter Protopapas, was appointed after Whittaker Clark was hit by a $29 million verdict and found to be on the verge of insolvency. He argued in bankruptcy court that the appointment of the receiver by the state court stripped the company board’s authority to file for bankruptcy. Judge Kaplan said in his ruling that he can’t give weight to that argument, which he said was based on the receiver’s “mistaken understanding” of the receivership order. “This court will not, and cannot, give force to any subjective belief that the receivership order achieved something beyond the powers outlined therein — especially when that expansive interpretation would contravene case law and the Bankruptcy Code,” Judge Kaplan wrote in Tuesday’s ruling.