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Chapter 13 Debtors Retain Appreciation in Property After Conversion or Plan Amendment
Thomas Health Exits Bankruptcy
South Charleston, W.Va.-based Thomas Health has emerged from bankruptcy, about eight months after entering the chapter 11 restructuring process, according to Becker's Hospital CFO Report. Thomas Health filed for bankruptcy in January. The health system cited many financial challenges, including issues that affected healthcare delivery in the state, reduced reimbursements and the shift to outpatient care. The plan to emerge from bankruptcy was approved by a judge In August. Under the plan, Rosemawr Management, New York-based investment adviser helped Thomas Health pay $145 million in debt at a discounted rate.

Surety Bonds Aren’t Executory Contracts and Can’t Be Assumed Even if They Are
Department Store Chain Neiman Marcus Emerges from Bankruptcy
Neiman Marcus Holding Co. said on Friday that it has completed its chapter 11 bankruptcy protection process, emerging from one of the highest-profile retail collapses during the COVID-19 pandemic, Reuters reported. Its restructuring plan eliminated more than $4 billion of debt and $200 million of annual interest expense. The luxury department store chain said it had a new board of directors, including former LVMH North America Chairman Pauline Brown and former eBay Inc. Chief Strategy Officer Kris Miller. Geoffroy van Raemdonck will continue to serve as chief Executive Officer of Neiman Marcus Group, which had filed for bankruptcy protection in May. The 113-year-old company’s new owners, which include PIMCO, Davidson Kempner Capital Management and Sixth Street Partners LLC are funding a $750 million exit financing package that fully refinances its debtor-in-possession loan.

Substituting a Trustee as the Party in Interest Isn’t Amending the Complaint
A Liquidating Plan Doesn’t Automatically Pass the Best Interests Test, BAP Says
Coal Giant Murray Energy Emerges from Bankruptcy under New Name
A major U.S. coal mining company has emerged from federal bankruptcy protection under a new name and ownership group, the Associated Press reported. Murray Energy Holdings said its chapter 11 plan was approved last month in U.S. bankruptcy court in Ohio and became effective yesterday. The company said in a statement that it has completed the sale of its assets to an entity formed by former creditors. The new company, St. Clairsville, Ohio-based American Consolidated Natural Resources Inc. (ACNR), is the largest privately owned U.S. coal operator with active mines in Alabama, Kentucky, Ohio, West Virginia and Utah, the statement said. ACNR also has separate management services agreements to operate Foresight Energy mines in Illinois and Murray Energy subsidiary Murray Metallurgical mines. The new company plans to produce about 35 million tons of bituminous coal annually. In 2018, Murray Energy produced 46.4 million tons and was the country’s fourth largest coal producer, accounting for 6 percent of total production, according to the Energy Information Administration. The restructuring eliminated more than $8 billion of Murray’s debt and legacy liabilities, and it allowed the new company to access new financing, providing ACNR with enhanced financial flexibility, the company statement said.
