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Armstrong Flooring Paid Executives a $4.8 Million Bonus Before Bankruptcy

Submitted by jhartgen@abi.org on

Armstrong Flooring Inc. paid its top executives $4.8 million just before filing bankruptcy, a move that was questioned by lenders, Bloomberg News reported. Company Chief Executive Officer Michel S. Vermette and at least four other managers got part of their annual incentive payments early in order to try to keep them on the job, according to court papers and regulatory filings. Such payments have come under fire from Congress, creditors and employees, who say the companies are evading bonus restrictions that judges can impose once in bankruptcy. A federal report found that in one recent year, 42 companies paid out $165 million just before filing bankruptcy. Initially, the bonuses threatened to disrupt the company’s plan to borrow $30 million to fund its reorganization. Armstrong lender Pathlight Capital had opposed the new loan arguing it was inappropriate, in part because the money would be used to “essentially replenish” cash the company paid the executives. On Monday, Pathlight dropped its objections to the proposed reorganization funding when Armstrong agreed to change the financing package, Armstrong attorney Ron E. Meisler said during a court hearing held by video. Under the new financing agreement, Armstrong will borrow $24 million, half of which will be a term loan that will include Pathlight as administrative agent, according to court documents.

Uncommon and Controversial, Are Post-Petition Retainers Authorized Under the Bankruptcy Code?

Bankruptcy courts have not always favored post-petition retainers to debtor’s counsel. [1] But does the Bankruptcy Code prohibit them? That is exactly the question Judge David D. Cleary answered in In re Golden Fleece Beverages Inc., in which he held that the Code indeed supports post-petition retainers. [2]

Fifth Circuit Clarifies Scope of Permissible Compensation of Estate Professionals Under 11 U.S.C. § 330(a)

On January 14, 2022, a three-judge panel of the Fifth Circuit in In the Matter of Sharon Sylvester (Sylvester vs Chaffe McCall LLP) held that a trustee’s attorney is entitled to compensation under Bankruptcy Code § 330(a) “only for services requiring legal expertise that a trustee would not generally be expected to perform without an attorney’s assistance.” [1]

Medley Management Sues Law Firm Lowenstein Over Bankruptcy Work

Submitted by jhartgen@abi.org on

Medley Management Inc. is accusing law firm Lowenstein Sandler LLP of malpractice and professional negligence, alleging the investment business was poorly served when a subsidiary filed for bankruptcy and its longtime attorneys became “intoxicated” by fees, WSJ Pro Bankruptcy reported. Lowenstein had been representing Medley Management in corporate and securities matters for years, and said the law firm could also counsel subsidiary Medley LLC on its 2021 bankruptcy, according to a complaint filed Friday in New York state court. Medley Management said the potential conflicts “should have been apparent to any reasonable and prudent lawyer.” The lawsuit said Lowenstein should have told Medley Management that the parent and its bankrupt subsidiary needed separate independent directors and counsel, not just a restructuring subcommittee of the Medley Management board. The restructuring subcommittee’s fiduciary duties were to Medley Management shareholders, whose interests conflicted with those of Medley LLC creditors, according to the complaint. Lowenstein said yesterday that the lawsuit is without merit.