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Apollo Architect of Caesars Deal Quits Bankrupt Unit's Board

Submitted by jhartgen@abi.org on

The co-founder of Apollo Global Management, Marc Rowan, resigned from the board of Caesars Entertainment Corp.’s operating unit after an investigation found that he had led a deal that was undervalued and shortchanged the now-bankrupt unit, Reuters reported yesterday. The disclosure was made in court documents filed on Monday in bankruptcy court in Chicago. The documents did not say why the billionaire investor resigned. The bankrupt unit is negotiating a settlement over several deals, including the one led by Rowan, that creditors allege stripped the unit's best casinos and left behind unsustainable debt. Rowan remains on the board of the parent, which may have to contribute billions of dollars to a restructuring plan to avoid litigation over the deals. Read more

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Judge Jed Rakoff to Take over Caesars Bondholders Lawsuits

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The federal judge who presided over some of the complex legal battles that arose following the collapse of Bernard Madoff’s Ponzi scheme got a new messy dispute to untangle — bondholders versus Caesars Entertainment, the Wall Street Journal reported on Saturday. Judge Jed Rakoff has been reassigned the four bondholder lawsuits now pending against Caesars in a Manhattan district court, court records show. The reassignment follows the news that Judge Shira A. Scheindlin, who had previously overseen the litigation, will retire April 29, just days before a trial on two of the suits was scheduled to begin.

Caesars Investigation Bills Top $40 Million, Continue Climbing

Submitted by jhartgen@abi.org on

The cost of the Caesars Entertainment Operating Co. bankruptcy investigation that dug up as much as $5.1 billion in potential legal claims has topped $40 million and is still climbing, the Wall Street Journal reported today. New bankruptcy court filings show examiner Richard J. Davis and his team charged nearly $25 million for work performed as the probe into CEOC’s dealings with its parent company heated up. The new round of bills brings the total cost of the investigation, launched in March 2015, up to $41.8 million. The cost of the court-ordered probe, borne by CEOC, is expected to climb further, as the latest bills only cover work performed between Oct. 1 and Jan. 31. A report on the investigation’s findings was released on March 15. That report concluded that Caesars Entertainment Corp. and its private-equity owners engineered a series of deals that hurt the company’s now-bankrupt operating unit and its creditors, resulting in potential damages of $3.6 billion to $5.1 billion.

Court Again Dismisses Creditors' Case from Tribune Co. Bankruptcy

Submitted by jhartgen@abi.org on

A U.S. appeals court dismissed a closely watched creditor lawsuit yesterday that stemmed from the 2008 bankruptcy of Tribune Co., a day after it took the unusual step of withdrawing a nearly identical opinion because it had been published in error, Reuters reported yesterday. The U.S. Court of Appeals for the Second Circuit had ruled on Thursday that Tribune creditors could not claw back $8 billion paid to public shareholders nearly a decade ago in a buyout that was blamed for its bankruptcy. On Monday, the court issued a two-sentence order saying the opinion was published by mistake, and took the rare step of clawing back its clawback ruling. Yesterday’s opinion came to the same conclusion as the withdrawn ruling, and ran the same 53 pages. A side-by-side comparison revealed about five tweaks, such as replacing "transferred to" with "assumed by" in describing the arcane procedures for determining ownership of certain legal claims. The opinion also changed a "with" to a "without" in a comment attributed to a former securities regulator.

Apollo’s Tactics Questioned in Examiner’s Report

Submitted by ckanon@abi.org on
An investigator’s report on the bankruptcy of Caesars Entertainment Corp.’s largest unit raises fresh questions about the hardball tactics employed by private-equity firm Apollo Global Management LLC, The Wall Street Journal reported Wednesday. The firm’s tactics in Caesars, which included moving some of the best assets away from the unit that filed for chapter 11 protection, were the latest in a long history of creative legal and financial moves to squeeze profits out of souring situations. For example, creditors were stunned when Apollo prevailed in the bankruptcy of its Momentive Performance Materials Inc. in 2014. Its wedge in the case: an arcane legal argument from a 2004 Supreme Court case involving an Indiana couple’s inability to make about $4,000 in payments on a Chevrolet pickup. Apollo also ultimately doubled its money on Realogy Holdings Corp., a collection of real-estate brokerages it bought for more than $6 billion on the eve of the housing crisis, by using a variety of financial maneuvers, including buying up the company’s debt at a discount, to keep it out of bankruptcy.

Caesars Investors Weigh Impact of Harsh Examiner Report

Submitted by ckanon@abi.org on
Investors in Caesars Entertainment Corp. were scrambling to grasp the cost from a court-ordered investigation that said the casino company could face $5 billion in potential damages from the bankruptcy of its operating unit, Reuters reported yesterday. An examiner's report found that Caesars and its private equity backers could be on the hook for their efforts to keep the struggling casino empire afloat, which ended with last year's bankruptcy of Caesars' operating unit, CEOC. While the report is nonbinding, junior creditors will seize upon its findings to demand a better payout in ongoing mediated talks. CEOC's lawyers have said they anticipate Caesars will raise its proposed contribution of $1.5 billion in order to settle claims that it stripped the best assets, such as the Linq Hotel & Casino in Las Vegas. However, in July, the operating unit will lose the exclusive right to propose a reorganization plan.

Caesars Could Face $5 Billion Hit from Unit's Bankruptcy

Submitted by ckanon@abi.org on
Caesars Entertainment Corp. and its private-equity backers could be on the hook for up to $5.1 billion in potential damages over a series of corporate deals that a court-ordered examiner said led to a $18 billion bankruptcy protection filing by the casino company's operating unit, Reuters reported today. Richard Davis and a team of lawyers have spent a year probing whether Caesars, under the control of Apollo Global Management and TPG Capital, stripped away prime properties such as the LINQ Hotel & Casino in Las Vegas and left the company unable to pay a mountain of debt. "The simple answer to this question is 'yes,' " wrote Davis at the start of an 80-page summary of his non-binding investigation. The bankruptcy of Caesars Entertainment Operating Co. Inc. has pitted some of the biggest names in U.S. finance against each other in a year-long court battle. Davis, a former Watergate investigator, estimated potential damages for claims that he said would have a better than 50 percent chance of success in court ranged from $3.6 billion to $5.1 billion.