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Hospitals in Missouri, Kansas File for Bankruptcy

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Overland Park, Kan.-based Pinnacle Healthcare System and its hospitals in Missouri and Kansas filed for chapter 11 bankruptcy protection on Wednesday, Becker's Hospital Review reported. Pinnacle Regional Hospital in Overland Park, formerly known as Blue Valley Hospital, entered bankruptcy with assets totaling between $10 million and $50 million and liabilities within the same range, according to bankruptcy court documents. The hospital, which was acquired by Douglas Palzer in 2018, lost its Medicare contract two years ago. CMS terminated the contract after determining the hospital did not "primarily engage" in providing inpatient care, a requirement for Medicare participation. Pinnacle Regional Hospital in Booneville, Mo., formerly known as Cooper County Memorial Hospital, also entered bankruptcy on Feb. 12. The bankruptcy filing comes after the hospital abruptly shut down in January. The hospital closed about a month after the Missouri Department of Health and Senior Services inspected the facility and cited it for sterile processing procedures. The health department ordered the hospital to stop performing surgery until the sterile processing unit was upgraded. Hospital officials initially said they were working with the state to rectify the situation, but they ultimately decided to close the facility instead of making the repairs. Read more.

Don’t miss ABI’s Health Care Program on March 5 in Nashville, Tenn. Click here to find out more and register. 

Insulin Pump Maker Files for Bankruptcy

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Valeritas Holdings, a New Jersey-based company that makes insulin pumps, said that it filed for chapter 11 protection, Beckers Hospital Review reported. Zealand Pharma, a Denmark-based drugmaker, will acquire "substantially all" of Valeritas' assets for $23 million, according to a news release. Valeritas manufactures the V-Go wearable insulin delivery device. The company said it will continue operations as normal during the transaction with Zealand.

U.S. Trustee Objects to Americore Extension Request

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A federal bankruptcy court trustee overseeing the case involving the owner of the closed Ellwood City (Ky.) Medical Center has had enough of requests by the company to extend its deadline for providing required financial information, the Ellwood City Ledger reported. Paul A. Randolph, acting U.S. trustee, filed an objection yesterday in U.S. Bankruptcy Court Eastern Kentucky District to Americore Holdings LLC’s latest petition to give it another 14 days to file schedules of assets and liabilities and statements on financial affairs. Americore already has been granted two extensions and was supposed to file the required documents by Tuesday, but did not and filed late Tuesday for another extension to Feb. 18. In his petition, Americore CEO Grant White said that he left the day-to-day operations to the individual CEOs for each hospital, including Beverly Annarumo at the medical center, who left the hospital on Jan. 3. He said that her resignation and being unable to hire a financial adviser because of money constraints were among the reasons he has not been able to successfully compile the information required. Randolph said it has been more than 36 days since Americore filed for chapter 11 protection, which he said should have been plenty of time. And he added that the excuses offered by White are not sufficient to provide for more time under bankruptcy court statutes. “In a time period of more than a month, the debtors have provided essentially no information to the United States Trustee,” he said. “Creditors have been similarly stonewalled.”

ABI Health Care Program to Tackle Industry Consolidation and Disruption, Opioid Crisis and Other Key Issues on March 5

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Alexandria, Va.— The American Bankruptcy Institute will hold a special one-day program to examine how current challenges facing the health care industry will lead to future opportunities. Issues to be discussed at ABI’s “The New Reality in Health Care” Program on March 5 at the JW Marriott Nashville in Nashville, Tenn., include the delivery of health care, private equity’s takeover of the industry, the rationing of health care services and reimbursements, and more. Conference attendees will take away a detailed understanding of the key issues that will plague the industry in the coming years, enabling attendees to identify opportunities within the ever-changing health care industry. Keynoting the program will be health care policy analyst Paul H. Keckley, managing editor of The Keckley Report and a widely known industry expert. There will be 5.9/7 hours of CLE/CPE credit available for this program.

Sessions for the Health Care Distress Program include:

  • Consolidation: Where Do We Go from Here?
  • Disruption in the Marketplace: The Retailization of Health Care
  • Cybersecurity Attacks: What Keeps You Up at Night?
  • Today’s Health Crisis: Behavioral Health and Opioids
  • What Are the Deal-Makers Looking For?

Chairs for the program are Suzanne A. Koenig of SAK Management Services LLC (Riverwoods, Ill.) and Nancy A. Peterman of Greenberg Traurig, LLP (Chicago).

For more information on the “The New Reality in Health Care” Program, please click here. Members of the media looking to attend the program should 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.abiworld.org. For additional conference information, visit http://www.abiworld.org/conferences.html.

 

 

 

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Judge Puts the Brakes on Melinta Therapeutics Sale Process

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A bankruptcy judge has temporarily halted biotechnology company Melinta Therapeutics Inc.’s proposed chapter 11 sale plan, which calls for a potential takeover deal with the company’s senior lender, health-care investment firm Deerfield Management Co., WSJ Pro Bankruptcy reported. Judge Laurie Selber Silverstein of the U.S. Bankruptcy Court in Wilmington, Del., instructed the antibiotics maker to rework its proposed bidding and sale process of its assets to allow more time to look for other competitive bids. She directed lawyers for Melinta and creditors to consider extending the bid deadline and opening up the process to accept rival bids. The condensed time frame and restrictive bidding procedures concerned the judge because they could prevent someone else from bidding, she said at a six-hour hearing Tuesday. Judge Silverstein’s request for Melinta to push back its sale timeline came after several objections from the federal government’s bankruptcy watchdog and some creditors. The bid deadline had initially been set for Feb. 10 and an auction for Feb. 13. The U.S. trustee and Vatera Healthcare Partners LLC, a venture-capital and private-equity investment arm of Vatera Holdings LLC and one of Melinta’s largest creditors, had balked at terms of the deal that would allow Deerfield to proceed with a $140 million credit bid.

Thousands of Asbestos Claims Led Materials Company to Bankruptcy

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DBMP LLC, an affiliate of building-materials maker CertainTeed LLC, filed for bankruptcy on Thursday in North Carolina, citing tens of thousands of unresolved asbestos-related claims tied to products manufactured prior to 1993, Bloomberg News reported. CertainTeed Corp., a manufacturer of cement pipes, asphalt roofing products and siding shingles, underwent a restructuring in October to establish two entities, DBMP and CertainTeed LLC. DBMP was created solely to handle asbestos claims that were burdening the company while CertainTeed LLC continues to operate and isn’t involved in DBMP’s chapter 11 proceedings. “This chapter 11 case was caused by the unceasing and unwarranted filing of thousands upon thousands of asbestos-related claims against the Debtor and Old CT,” Chief Restructuring Officer Robert Panaro said in court papers. “The burden of managing, defending and resolving these claims is substantial, and this litigation and its associated burdens are expected to continue for decades more.” DBMP listed both debt and assets of as much as $1 billion in its bankruptcy petition, and said it has more than 60,000 asbestos-related claims outstanding. CertainTeed ceased production of all asbestos-containing products in 1993, but continues to accumulate hundreds of claims annually.

CEO of Bankrupt Purdue Pharma Will Get $1.3 Million Bonus

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Craig Landau, chief executive officer of bankrupt opioid maker Purdue Pharma LP, will get a much-reduced bonus this year after months of fighting with creditors, Bloomberg News reported. Bankruptcy Judge Robert Drain approved a $1.3 million bonus for Landau in a Friday hearing. That’s less than half of what Purdue planned on paying him. The company agreed to slash the payout by 63 percent, court papers show, and Landau will receive the sum in two disbursements this year rather than one in the spring. Landau agreed to “cuts and changes far deeper than any other employees at Purdue” and the company “bent over backward multiple times to reach peace,” Marshall Huebner of Davis Polk & Wardwell LLP said in the hearing. A group of states — ones opposing a proposed settlement between Purdue and parties suing Purdue for its role in the U.S. opioid crisis — have for months pressed the bankruptcy judge to strike down any bonus payments to Landau, pointing to lawsuits in which the executive is accused of playing a role in the crisis. The judge for months delayed ruling on Landau’s bonus, encouraging the company to negotiate with creditors. The lawyers argued that Landau’s pay was already well below the market rate and that a small number of still-pending lawsuits do not offset the need to have Landau, a longtime Purdue executive, guide the company through bankruptcy.
 
In related news, the federal judge overseeing the bankruptcy case of Purdue Pharma has set a June 30 deadline to file a claim against the company, the Associated Press reported. That includes governments, entities such as hospitals and, for the first time, individuals who have personal injury claims. It’s unclear how much money might be at stake. Purdue reached an agreement with some states and local governments that could be worth more than $10 billion over time as part of its bankruptcy filing. But Judge Robert Drain emphasized during a hearing Friday in White Plains, N.Y., that no final settlement is in place. Once a settlement and restructuring deal for Purdue is approved, the next step will be deciding how to divide the company’s assets. There is no guarantee those who became addicted to opioids or their families would receive any money, and the judge emphasized that the claims would be open only to people who believe they were harmed by Purdue’s products, not opioids generally. Still, lawyers for plaintiffs say people should file claims even if they’re not sure Purdue’s drugs were involved in their injuries. Read more.
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