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Creditors, State Regulators Agree to Non-Binding Mediation in Borrego Health Bankruptcy Case

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The Borrego Community Health Foundation, which filed for chapter 11 protection earlier this year amid a criminal investigation into its finances, has agreed to mediation to try and resolve disputes with creditors and regulators, the San Diego Union-Tribune reported. Officials from the health care provider known as Borrego Health joined creditors and California Department of Health Care Services lawyers in agreeing to non-binding negotiations that will be overseen by an independent court-appointed official. “Because litigation is time-consuming and expensive, it is beneficial to both Borrego Health and our patients if we are able to sit down with DHCS in front of a judicial officer and resolve our issues quickly,” Borrego Health spokesperson Daniel Kramer said. “This more efficient process also benefits our patients by allowing our managers and other team members to spend more time focusing on providing excellent medical care,” he said. State regulators did not respond to a request for comment on the mediation effort. They previously have resisted discussing Borrego Health beyond saying they are working to protect its patients. Meanwhile, businesses and others owed tens of millions of dollars by Borrego Health set up a committee to represent their interests before the bankruptcy court. An attorney for the committee said he welcomes the plan to negotiate a settlement.

San Antonio Bankruptcy Judge Denies Chris Pettit’s Bid to Get Out of Jail on Contempt of Court Charge

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Christopher “Chris” Pettit will remain in jail after a bankruptcy court judge ruled that the disgraced former lawyer had not done enough to clear himself of a contempt of court charge, San Antonio Express-News reported. Pettit, who is accused of stealing millions of dollars entrusted to him by his one-time clients, has been locked up for about two months at the Karnes County Detention Facility for failing to comply with court orders. Telling Pettit he holds the keys to his jail cell, Chief Bankruptcy Judge <b>Craig Gargotta</b> set 17 conditions that the ex-attorney must satisfy to be released. First is that Pettit turn over a business laptop to the trustee administering the bankruptcy estate. Pettit has given conflicting accounts regarding its whereabouts. “It would really move things along if Mr. Pettit would come clean about what happened with regard to the laptop, good or bad, so we could move on in this case,” Chief Judge Gargotta said. The laptop purportedly contains information the trustee wants regarding Pettit’s clients and their funds. The judge was not convinced that Pettit has been forthcoming about the laptop’s location. Counsel for the trustee previously reported that Pettit failed to disclose his ownership of two Mercedes-Benz automobiles. On Wednesday, it was revealed he also failed to report ownership of a mobile home that has been used by the family of a woman taking care of Pettit’s minor son. Pettit filed for bankruptcy protection for himself and his law firm June 1 after allegations surfaced that he had absconded with money belonging to his clients. He surrendered his law license in lieu of discipline and shuttered his law practice. The FBI has been investigating the allegations. Roughly $260 million in claims have been submitted by creditors in the bankruptcy cases. (Subscription required.)

Data Scandal Hits Obscure Corner of Bankruptcy Trading Market

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The first tip arrived last December. In an email to a Justice Department official, an anonymous author called for a probe into the handful of private companies that courts enlist to process paperwork in big bankruptcy cases, Bloomberg News reported. The concern: some of these companies, known as claims agents, were selling data to a new market maker, Xclaim Inc., which facilitates the buying and selling of the debts of bankrupt companies. The deals allowed claims agents to profit from the trades. What followed is a courtroom reckoning that threatens to disrupt the quietly lucrative world of bankruptcy administrators and a niche, multibillion-dollar financial market that depends on them. Several claims agents face judicial sanctions in New York City, one of the nation’s busiest bankruptcy districts. A worst-case scenario could see the companies barred from doing business with those courts entirely, putting millions of fees at risk. Bankruptcy Judge Martin Glenn has ordered each claims agent in his district to explain whether they cut deals with Xclaim and disclose a detailed accounting of the arrangements. He’s also weighing sanctions against Xclaim’s founder and another employee for publicly disclosing the contact information of federal employees during the proceedings.