Neiman Marcus moves closer to its bankruptcy exit – The Dallas Morning News

Neiman Marcus bankruptcy scaled a couple of milestones Thursday, and executives are getting a raise after all.

The Dallas-based luxury retailer is on schedule to have its business plan approved in September and emerge from Chapter 11 by early December.

That timetable was firmed up with the conditional approval Thursday of a lengthy set of documents that include Neiman Marcus business plan and a settlement in the dispute over the transfer of its Munich-based MyTheresa business.

U.S. Bankruptcy Judge David Jones is expected to sign off on the plan next week, and he also approved big raises for CEO Geoffroy van Raemdonck, seven additional top executives and as many as 239 key employees.

In approving the salaries, Jones overruled the bankruptcy courts trustee, who serves as a watchdog in such a case and who formally opposed the pay to stay compensation. The additional pay for the top executives is capped at $9.95 million, including $6 million for van Raemdonck.

Separately, $8.7 million in additional pay was approved for 239 employees, including senior vice presidents, vice presidents and other key employees.

Neiman Marcus creditors and lenders didnt oppose the pay increases. The parties that will bear the cost of this support it, Jones said, adding that he was approving the salaries to maximize the opportunity for success and retain the best and the brightest in an environment that we dont understand one day to the next.

The retention and performance-based compensation plan was filed several weeks ago, but Jones delayed it, asking for more context about what he said is a complicated case.

Three metrics that were put in place to justify the extra pay were met and exceeded, according to testimony during the Thursday hearing from Mark Weinsten, chief restructuring officer of Neiman Marcus Group.

The dispute over the transfer of MyTheresa to Neiman Marcus former shareholders Ares Management and the Canada Pension Plan Investment Board was resolved with the creditors committee. Shares of MyTheresa will be returned to the pool of assets that will be used to help pay creditors. The total value of the settlement wasnt disclosed, but it includes 140 million shares of MyTheresa and $10 million in cash.

Neiman Marcus said late Thursday that it is pleased that a global settlement was reached regarding the MyTheresa claims.

An ongoing dispute could have held up its disclosure statement, which includes its business plan.

The settlement resulted in the approval of the disclosure statement and adds significant certainty to the restructuring process, and we continue to target early fall 2020 for emergence from bankruptcy, Neiman Marcus said in a statement.

Twitter: @MariaHalkias

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Neiman Marcus moves closer to its bankruptcy exit - The Dallas Morning News

What’s the Deal? Bankruptcy Tips and News | Nexsen Pruet, PLLC – JD Supra

In turbulent economic times, clients often ask us how they can find out whether a particular company or person is in bankruptcy. While we can run quick searches for this information, there are ways you can find this information on your own. If a quick Google search does not yield results, two resources maintained by the U.S. federal courts are the Multi-Court Voice Case Information System (McVCIS) and Public Access to Court Electronic Records (PACER). The first resource is free, and the second requires setting up an online account for payment of relatively small fees.

McVCIS is an automated, toll-free telephone system that allows callers to obtain bankruptcy case information by selecting menu options on any touch tone telephone. The McVCIS number in United States is 866-222-8029. A computer-generated voice guides callers through their choices in English or Spanish, ultimately providing the following case-specific information, when available:

In order to find information about a particular case using McVCIS, callers need to select the state in which they believe the debtor would have filed their bankruptcy petition. For an individual debtor, usually the filing is in the state in which the debtor currently resides. For a debtor that is an entity such as a corporation or limited liability company, the filing may occur in the state in which the company was organized or the state where the principal place of business is located. Do not assume that because a business has operations in your state they would have filed a bankruptcy petition there. Many companies are created under the laws of Delaware, and many maintain their headquarters in New York, leading to the multitude of bankruptcy filings in those forums, even for businesses with significant connections elsewhere.

In states where federal courts are divided into more than one district, McVCIS also requires you to select the district in which the bankruptcy case would have been filed. One way to determine the correct district is to use the Federal Court Finder search tool located online at https://www.uscourts.gov/federal-court-finder/search Simply type in the name of any city and state in the United States to retrieve a list of federal court offices in the district where the city is located.

After selecting the state (and district, if applicable) in which you want to search, McVCIS will prompt you to enter the name, social security or case number of the party whose case youre trying to find. Using a telephone keypad to spell out names can be tedious, but remember that you arent paying a fee for your search.

If McVCIS sounds too cumbersome or you dont know which state or district to search, PACER provides the public with a fee-based option to search for federal court records (including bankruptcy cases) using an internet connection. Once a PACER account is created, you can search a nationwide index of bankruptcy cases, eliminating the need to guess where a filing may have occurred. Copies of the actual court record and filings for every bankruptcy case in the United States are accessible 24 hours a day. If you want detailed information and to read documents filed in a debtors case, PACER is your go-to resource.

To create a PACER account for searching (not filing) purposes, visit https://pacer.uscourts.gov/register-account/pacer-case-search-only. Credit card information is required during registration for immediate access and billing. Fees are calculated based on the number of pages retrieved in each search, with a charge of $0.10 per page, capped at $3.00 per single document. If total charges in a calendar quarter are $30.00 or less, fees are waived for that period. For this reason, infrequent users often pay no fees at all. Documents filed in a case are retrieved in PDF format and can be downloaded to your computer for later review. Users have options to save links to specific cases of interest and to save frequent searches.

So, thats the deal with confirming whether someone has filed a bankruptcy case.

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What's the Deal? Bankruptcy Tips and News | Nexsen Pruet, PLLC - JD Supra

Mens Wearhouse Parent Said to Prepare Imminent Bankruptcy – Bloomberg

A Men's Warehouse Inc. store in San Francisco, California.

Photographer: David Paul Morris/Bloomberg

Photographer: David Paul Morris/Bloomberg

Tailored Brands Inc., the owner of Mens Wearhouse and Jos. A. Bank, is preparing a bankruptcy filing that would shutter 400 to 500 stores after the coronavirus lockdown kept Americas office workers at home and stifled demand for new suits.

The filing, which could come as soon as this weekend, will give the retailer a chance to cut its borrowings and close unprofitable locations, according to people familiar with the matter. The plan calls for asset-based lenders to provide the company with a loan to keep it operating through the court process, the people said. They asked not to be identified discussing a private matter.

The retailers shares dropped 12% to new lows on Friday to about $0.34 as of 10:00 a.m. in New York. Its term loan due 2025 trades at less than 20 cents on the dollar, according to Bloomberg data, while bonds due in 2022 were last quoted around 2 cents, according to Trace.

Tailored Brands said this week it was unlikely to make good on a July 1 missed bond payment and probably would file for bankruptcy during its third fiscal quarter, which starts Aug. 2. Term-loan lenders would see part of their holdings exchanged for equity in a reorganized company, with as much as half the $877 million loan reinstated as take-back paper, according to the people.

A representative for Houston-based Tailored Brands didnt return messages seeking comment. The company, which counted 19,300 employees in last years annual report, is getting advice from restructuring lawyers at Kirkland & Ellis and investment bank PJT Partners.

Tailored Brands would be the latest in a string of retailers that have sought court protection amid the pandemic. Lockdowns have drained revenue, pushing already-struggling companies like J.C. Penney & Co., J. Crew Group Inc. and Neiman Marcus Group Inc. into bankruptcy.

Like those three, Tailored Brands was in a tough spot before the outbreak. Sales have fallen every year since 2016 as Mens Wearhouse and Jos. A. Bank contended with changing consumer tastes and e-commerce rivals.

The coronavirus made things worse by keeping office workers at home, all but eliminating the need for suits and ties. The outbreak also postponed events such as weddings and other celebrations, cutting into sales of formal wear.

Tailored Brands reopened just under half of its roughly 1,445 stores as of June 5, according to a June 10 statement. All of them, as well as e-commerce distribution centers in the U.S. and Canada, were temporarily closed in the first quarter.

Last week the company said Chief Financial Officer Jack Calandra will leave on July 31. His responsibilities will be divided between Chief Executive Officer Dinesh Lathi and Holly Etlin, a managing director at AlixPartners who was recently appointed chief restructuring officer.

(Updates with share price in the third paragraph.)

Before it's here, it's on the Bloomberg Terminal.

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Mens Wearhouse Parent Said to Prepare Imminent Bankruptcy - Bloomberg

This rural Mississippi hospital beat bankruptcy. Can it survive the pandemic? – Clarion Ledger

Rural hospitals in Tennessee, Mississippi and Arkansas were struggling before the pandemic. COVID-19 could push some of them over the financial cliff. Wochit

MAGEE As Gregg Gibbes walked through the doors of his new hospital in April 2019, he faced a frightening yet all-too-possible future: The facility he had been tasked with leading was at risk of shutting down and taking hundreds of jobs with it, and leaving Simpson County without an essential source of medical care.

Magee General Hospital, a nonprofit, 44-bed acute-care facility located midway between Jackson and Hattiesburg, had filed for bankruptcy eight months earlier in a bid by former owners to save the community facility from financial death. The hospital is an economic hub in the area, and an essential source of care both for elderly Simpson County residents who cant make the drive to Jackson and for victims of car accidents on U.S. 49 South.

Gibbes new job was to bring it back to life.

More: Rural hospitals in Mississippi were already on a cliff. Coronavirus could push them over.

Entering as the hospitals new CEO, he was part of a restructured board of directors and a shrewd plan to beat the bankruptcy through sharing staff with a critical-access hospital in Covington County 20 miles to the south.

Opened in 1935, and incorporated in 1942, Magee General Hospital faced bankruptcy in recent years, and pulled itself out of the debt, under the supervision of CEO Greg Gibbes and a Board of Directors, but currently functions with day-to-day cash on-hand during the COVID-19 pandemic.(Photo: Sarah Warnock, Mississippi Center for Investigative Reporting)

This May a little over a year after Gibbes first day at the hospital, and less than two years after the bankruptcy declaration in August 2018Magee General exited its bankruptcy, achieving a feat the likes of which youd be hard pressed to find another rural hospital completing successfully, said Gibbes, who is also CEO of Covington County Hospital.

But now a second storm is ravaging the land. After the pandemic forced Magee General to cut elective care, which six months ago accounted for two-thirds of its revenue, the hospital must confront a pandemic that has been the latest battle for survival for rural hospitals around the country.

To date, Magee General has received the lowest amount of coronavirus-related stimulus money of any acute-care facility in the state, according to the Mississippi Hospital Association and the Department of Health and Human Services.

There have been some days that you cross your fingers, and hope that nobody else declines, said Dr. George Gillespie, Magee Generals head physician.

To navigate Chapter 11 bankruptcy over the past two years, Magee General had to be guided out of a storm of uncompensated care costs, increasingly expensive equipment and shrinking elective care visits common challenges for rural hospitals in the South.

There was a lot to cover in those first few days and weeks, particularly meeting staff and learning their needs, Gibbes said. But I never second-guessed the decision to take over Magee General, nor have I ever second-guessed this hospitals great potential.

Learning to operate on lean budgets is a necessity for rural hospitals survival. Since 2014, five rural hospitals in the state have shut down. A study earlier this year by the Chartis Center for Rural Health named 41 more 64% of Mississippis remaining rural hospitals as either vulnerable or most vulnerable to closure.

Nearly two-thirds of the Mississippi hospitals classified as rural, including Magee General, didnt make a profit in 2017, according to data from the Center for Medicaid and Medicaid Services (CMS), compared to just over a third of urban hospitals.

More: UMMC lays off hundreds amid pandemic. Other hospitals struggling. Now what?

At the heart of rural hospitals financial struggles are uncompensated care costs amounting to hundreds of millions annually. Those woes could have been aided through Medicaid expansion, an option state lawmakers have rejected, despite Mississippi having some of the nations highest death rates for chronic illnesses like diabetes and heart disease.

It was already a challenging time for hospitals before COVID, said Richard Roberson, vice president of Policy and State Advocacy for the Mississippi Hospital Association. Now we've gone from a challenging time to a critical juncture for hospitals in the state of Mississippi, particularly in your rural areas.

After the bankruptcy, we thought we would be able to breathe a little bit

Built during the Great Depression, Magee General Hospital now has 310 staffers, making it Simpson Countys third-largest employer behind Walmart and the Simpson County School District. It annually distributes over $31 million in wages, salaries and benefits, according to Hospital Association data, and has been a favored workplace for generations of residents in the small city.

Pam Wallace manages community relations for Magee General, a role in which she said shes become a go-to person for all kinds of tasks because like anybody in a small rural hospital knows, you wear many hats. One of those tasks is reporting the hospitals positive tests from the day prior to the state health department each morning.

Pam Wallace, an employee of Magee General Hospital in Magee for 20 years and head of Community Relations said of enduring bankruptcy, "When we have had rough times before we always worked together." Opened in 1935 and incorporated in 1942, Magee General Hospital faced bankruptcy in recent years, and pulled itself out of the debt, but currently functions with day-to-day cash on-hand during the COVID-19 pandemic.(Photo: Sarah Warnock, Mississippi Center for Investigative Reporting)

Wallace grew up in Magee and has worked at the hospital since 1997, when she took her first high school job there as a file clerk. Shes a third-generation employee: Her mother was an emergency room technician from 1975 to 2014, and her grandmother was a nursing aid. For Wallace, Magees staff are extended family.

I spend more time here than I do with my real family, she said. Our work environment is a family one, and we just come here to help our community.

While Magee General had faced its share of challenges through her years on staff, Wallace said the bankruptcy, which allowed the hospital to forego debt-service payments as it operated off of elective-care revenue, was particularly hard.

I had people come up to me at church, for example, saying, Oh I heard the hospital is filing bankruptcy and that you're not going to have a job tomorrow, she said. I never batted an eye.

Magee General's successful exit from bankruptcy, which Gibbes and the hospitals board credit to sharing staff with Covington County Hospital, was a victory, but the virus has dimmed what should have been a time of triumph.

After the bankruptcy, we thought we would be able to breathe a little bit, she said. Now, were working in a whole new world.

Coronavirus cases in Simpson County for a while remained low, with 230 cases recorded there as of July 1 a figure that placed its per-capita death and case rates well below the states average for many weeks.

And the viruss early days were quiet at Magee General, Gillespie said. The hospital had begun discussing how to prepare as early as January, and braced itself in March by suspending its radiology, surgery, sleep lab and other outpatient services and converting 30 inpatient rooms to a negative pressure environment for COVID-19 patients.

But its been a different situation since July began, when cases soared in Simpson County and around the state.

Magee General, which as an acute care facility typically sends patients in need of urgent care to Jackson or Hattiesburg, has filled its available beds with COVID patients. In recent days, the count of patients in its coronavirus isolation ward has hovered around 25 (its average daily patient census before the virus was 19).

The Magee, Miss., water tower stands not far from the parking lot at the main entrance to Magee General Hospital. The hospital was incorporated in 1942 and primarily serves Simpson County's rural population.(Photo: Sarah Warnock/Mississippi Center for Investigative Reporting)

I have seen more COVID-positive people coming into the ER with symptoms over the last week or two than I have during the whole pandemic, Gillespie, the doctor, said in an interview during the last week of June.

'It's very devastating': COVID-19 ravages Mississippi Band of Choctaw Indians

Low staff numbers were an issue from the virus onset, Wallace said, particularly among the nursing staff, as some had departed during the bankruptcy in search of what they saw as more stable job opportunities.

"Our staff is tired, and everyone is doing double the work," she said.

The hospital struggled to acquire medical equipment in the virus early days amid a logjam for everyone competing to secure stock from the same national suppliers, Gibbes said. Now, the state has provided Magee General six ventilators, giving doctors extra time to find care in Jackson or Hattiesburg for sicker patients.

"If we happened to have more than one patient start to go south with respiratory difficulties, we can take care of that one patient, Gillespie said. But if another patient starts going down...we're limited in our resources.

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Even as it emerged from bankruptcy on May 29, Magee General was denied a financial lifeline that went to many other rural hospitals as the virus spread.

In April, rural hospitals around Mississippi received $317 million in CARES act rural distribution funds, money that salvaged many hospitals precarious cash-on-hand situations. By the end of May, hospitals statewide had lost $450 million in revenue for the fiscal year due to uncompensated care a figure that doesnt include another $81 million in COVID expenses since the pandemic began, Roberson said.

CARES funding hospitals received in April went towards plugging the drain of already lost revenue before the pandemic struck, he said.

But the federal government considers Magee General part of the Jackson metropolitan area, despite the fact that its almost an hours drive from the capital city. That decision made Magee ineligible for rural hospital funds.

A separate $350,000 CARES payment it received doubled its number of days cash-on-hand, which had wavered between eight and 10 days before the virus hit and elective care was cut. After that cash ran out, Magee was back to operating with single-digit days cash on hand.

How you die in rural Mississippi: The ER was closed. The ambulance wasn't close.

"I think most rural hospitals operate with at least four to five times the amount of cash on hand we did [before COVID-19]," Gibbes said. Our hospital depends on elective care...Weve had no choice but to be lean.

"Being lean involves careful decisions over the years around which equipment gets upgraded: Much of Magee Generals technology infrastructure is 10 years old or older and no longer supported by manufacturers, Gibbes said, and requires diligent maintenance.

A quarter of the 9,000 patients Magee Generals emergency department served last year were uninsured and nearly half its patients were on Medicare numbers nearly three times the national averages, according to census data.

If Mississippi accepted federal offers of Medicaid expansion, Gibbes estimated, Magee General could have $1 million more on hand each year.

"We do not have shareholders or dividends, Gibbes said. Every penny we earn gets reinvested in facilities, equipment and our people.

Opened in 1935 and incorporated in 1942, nonprofit Magee General Hospital faced bankruptcy in recent years, and pulled itself out of debt just to function with day-to-day cash on-hand during the COVID-19 pandemic.(Photo: Sarah Warnock/Mississippi Center for Investigative Reporting)

Gibbes and Bennett Hubbard, the chairman of the hospitals board of directors and a longtime nursing home executive in the town, see Magee Generals partnership with Covington County Hospital as the basis of its emergence from bankruptcy, and a potential way forward for other rural health providers. The two hospitals sharing of administrative staff has helped them keep costs low, and Magee General even upgraded facilities during the bankruptcy, expanding its emergency room last July with the help of donations.

"We wanted desperately to maintain a community hospital that works at a local level, Hubbard said.

More: Mississippi health experts, governor debunk 7 common COVID-19 myths

Gibbes agreed. I think that a lot of people will look at a rural hospital and say it's a matter of time, he said. But if you can be innovative, you can find a way to not just survive but to thrive.

For Magees nurses, doctors and other staff, he said, an ability to weather challenges has kept the hospital afloat, first through bankruptcy, and now through the virus. His staff agree if we can do this, anyone can, Wallace said and add that Gibbes leadership has been another key factor.

"Closing the hospital or losing the hospital in bankruptcy was never an option, Gibbes said. The hospital represents too much to the community to fail, not just in terms of health care but also in terms of economic development. Plain and simple, failure is not an option.

Pulitzer Center(Photo: Submitted/Special to Clarion Ledger)

The Poverty & the Pandemic is a continuing series from the Mississippi Center for Investigative Reporting and the Pulitzer Center that captures the stories of people and places hit hardest by the nations worst pandemic in a century.

James Finn is an investigative reporter for MCIR, a nonprofit news organization. Email him at James.Finn.MCIR@gmail.com.

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This rural Mississippi hospital beat bankruptcy. Can it survive the pandemic? - Clarion Ledger

Kentucky Bankruptcies Dropped Last Quarter. Its The Calm Before The Storm – 89.3 WFPL News Louisville

The U.S. economy shrank by 33% from April to June, the worst quarterly plunge ever.

Yet, in Kentucky, bankruptcy filings actually dropped.

There were 34% fewer bankruptcy petitions from the first to the second quarter of 2020, according to new data from the Administrative Office of the U.S. Courts. The filings were also down more than a third when compared to the same period last year.

If that sounds like good news, experts warn the worst is yet to come. As the COVID-19 pandemic forces millions of Americans out of work and into debt, some Kentuckians are scraping by on unemployment insurance. Others might be waiting for their situation to bottom out before filing bankruptcy.

Weve got a tidal wave of bankruptcies coming, said Peter Brackney, a bankruptcy attorney in Lexington. The waters often recede before the wave comes in.

There are likely many reasons for the bankruptcy downturn. As the pandemic drags on for months longer than first anticipated, indebted consumers and business owners might be awaiting their financial nadir before petitioning a court for a discharge, or release from certain debts. Some debtors might be waiting for their employment situation to straighten out before entering bankruptcy proceedings. Others might be hoping for further relief from policymakers such as student loan debt forgiveness, considered a hail mary.

Some experts credited the governments emergency relief measures for mitigating the worst of the economic fallout. The centerpiece of the federal response was the $2.2 trillion CARES Act, which included the $669-billion Paycheck Protection Program, stimulus payments, forbearances on mortgages and student loans, and expanded unemployment benefits. A state moratorium on evictions has also staved off personal disaster for thousands of Kentuckians.

But relief measures arent expected to be permanent, and financial calamity continues to threaten those unable to make ends meet.

Steve Vidmer, a bankruptcy attorney in Murray, saw a clear lag in bankruptcy filings after Mattel closed its local Fisher-Price toys plant in 2002. Nearly 1,000 employees were laid off.

Here I assumed the floodgate was opened, Vidmer recalled. But it took a long time before people realized they might need to file for bankruptcy. Sometimes its not until months or years later that they realize theyre in a pickle they cant get out of.

Since April, bankruptcy filings are trending upward, if slowly. In April, there were 809 bankruptcy petitions filed in Kentucky; in June, there were 948.

Still, Junes filing total was 24% lower than June of last year. Meanwhile, theres some evidence consumer debts are getting worse. Americans will rack up an estimated $80 billion in new credit card debt in 2020, a roughly 8% increase, according to an analysis from WalletHub.

The debt is there, but people havent paid the consequences yet, said Ed Flynn, a consultant with the American Bankruptcy Institute. After unemployment benefits expire and after foreclosures pick up again, he predicts bankruptcy filings will really go through the roof.

The typical debtor is not very high income, in Kentucky or anywhere else, Flynn said. It may take a year to really play out, but at some point, people are really going to feel the pain.

Graham Ambrose is an investigative reporter covering social services and youth issues. He is a Report for America Corps member. Contact him at gambrose@kycir.org.

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Kentucky Bankruptcies Dropped Last Quarter. Its The Calm Before The Storm - 89.3 WFPL News Louisville

Analysis: Cities hit hard by the COVID-19 pandemic face bankruptcy – PBS NewsHour

U.S. cities are fast running out of cash.

The pandemic will reduce local government revenues by an estimated US$11.6 billion in 2020. With COVID-19 requiring residents to stay home and stores to shutter, the bulk of this reduction comes from a slump in local sales taxes. Declines will continue into 2021.

State revenues are heading in the same direction, so many U.S. cities will need to rely on help from the federal government. Aid to cities may be part of the next pandemic aid package now being discussed by members of the House and Senate. But so far, the Republicans bill leaves out any new funding for state and local governments, while the Democrats bill includes $1 trillion for it.

And if federal assistance arrives, it will not fix every citys budget.

The pandemic has hit budgets so hard that even cities in relatively good financial health including those with rainy day funds to help them through an emergency will face significant changes to staffing and services.

For cities in the poorest shape, the pandemic could mean bankruptcy.

The Northern California city of Vallejo declared bankruptcy in 2008. Luis Sinco/Los Angeles Times via Getty Images

Bankruptcy is a legal process where people, companies and governments who cannot pay their debts seek to reduce them.

Which debts get paid during a bankruptcy are important decisions. They involve how comfortable a city employees retirement might be, the level of health insurance for pensioners and workers, the extent of labor protections for employees and the future cost of borrowing for a city.

City bankruptcy was created by Congress after the Great Depression, in response to 4,770 different units of city government going belly up. Twenty-seven states now allow their cities to file for bankruptcy.

Those states that do not allow city bankruptcy Georgia and Iowa explicitly prohibit filing, with the other 21 states having no specific allowance or prohibition manage the problem of city indebtedness in various ways, ranging from strict budget oversight to the disbanding of heavily indebted cities. Since 1938, city bankruptcy has been used around 700 times.

A citys bankruptcy differs from corporate bankruptcy in that it does not allow for the liquidation of assets. For cities, bankruptcy is used to reduce debts, not sell off things such as public roads and buildings to pay off debts. The bankruptcy judges role is to determine whether the proposed reduction is fair to all people the city owes money to, which may include workers, pensioners, bankers, suppliers and investors.

But bankruptcies can look different in different cities.

We are scholars who research changes in how cities go about budgeting. Our work has showed that the city bankruptcies that followed the Great Recession of 2007 and 2008 were not uniform.

If you were in a big city, your government owed money to lots of people. The converse was true in small cities. As the number of participants in a bankruptcy increases, the task of deciding how much different creditors should get repaid becomes more complicated.

Westfall Township, Pennsylvania, home to about 2,000 people, declared bankruptcy in 2009 after losing a lawsuit to New Jersey real estate developers David and Barbara Katz. Courts ruled that the city owed the Katzes $20.8 million after improperly denying them permission to develop projects in the township.

With annual revenues of just $1 million, Westfall had few options but to file for bankruptcy.

Resolving Westfalls bankruptcy meant reaching a new agreement with the Katzes. The bankruptcy court approved a $6 million settlement with the developers and gave Westfall 20 years to pay. The city would also raise property taxes and delay the repayment of other debts. By 2014, Westfalls budget had recovered enough for Pennsylvania to remove it from its list of distressed cities.

Bankruptcy proceedings were more complicated in Vallejo, California, which is on the northern end of San Francisco Bay. Vallejo, population 120,000, had a 2008-2009 budget of $79.6 million. In 2008, the city lost around one-quarter of its revenues as local sales taxes and real estate development fees collapsed. Vallejo suddenly found itself unable to pay all of its bills.

The City Council voted unanimously to file for bankruptcy.

In its bankruptcy filing, the city estimated it had between 1,000 and 5,000 creditors. The most contentious part of the bankruptcy concerned the citys obligations to its own unionized employees. Vallejo argued that its bankruptcy should include the option of reducing employee wages and benefits, and changing working conditions, if necessary, without union consent.

The judge agreed and, in doing so, expanded what types of debt could be reduced in bankruptcy. This was, and remains, controversial. Although unions have pushed back, later bankruptcies have confirmed the courts decision.

Vallejo ultimately chose not to impose new employment contracts on most of its employees.

That decision helped Vallejo avoid costly legal battles but the citys main expenditures, wages and pensions, remained largely unaltered. The city emerged out of bankruptcy solvent but struggling. Filing for bankruptcy ended up costing Vallejo over $20 million in court and legal fees.

Vallejos bankruptcy foreshadowed an even more complex one in Detroit, where revenue decline and failed Wall Street bets left the city unable to balance its budget.

Detroit listed 100,000 creditors in its 2013 bankruptcy filing, totaling $18.5 billion in debts. Like Vallejo, Detroit would have to decide which creditors to stiff, effectively asking them to pay for the citys budget failures.

Detroits biggest debt during bankruptcy was to its pension holders. Bill Pugliano/Getty Images

The eventual settlement would reduce Detroits debts by $7 billion, mostly by slashing the amount of borrowed money the city would have to repay to banks and investors.

But no creditor would walk away unscathed. Wages, pensions and health care for city employees were all cut. The city also entered into a complex Grand Bargain brokered by local philanthropists with the state of Michigan and pension holders that helped settle the citys largest debt, which was to pensioners, while keeping in the city its one major asset, the Detroit Institute of Arts collection.

The administrative and legal costs of the Detroit bankruptcy came in at around $100 million.

The bigger the city, the more complicated and expensive the bankruptcy. More creditors means more lawyers making competing claims on the citys dwindling revenues.

It also makes the process of picking winners and losers more complex and something that can involve testing the limits of bankruptcy law. When these limits expand, just what going bust means can change dramatically. Things that once seemed untouchable, like pensions, can become vulnerable in bankruptcy courts.

With many budgets in tatters, the prospect of growing numbers of city bankruptcies looms. Distressed cities will have to figure out what the process means for them.

It is rarely possible to predict what any city will decide. With any part of a citys operations including salaries, pensions, road repairs, borrowing, park maintenance, policing, libraries potentially fair game, everyone involved faces great uncertainty. There is no single, predictable path through city bankruptcy.

This article is republished from The Conversation under a Creative Commons license. Read the original article.

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Analysis: Cities hit hard by the COVID-19 pandemic face bankruptcy - PBS NewsHour

Denbury Files for Bankruptcy With a Plan to Slash Debt – Journal of Petroleum Technology

Denbury Resources has filed for bankruptcy protection as part of a deal with creditors to cut its total debt by nearly 90%.

The oil company which specializes in enhanced oil recovery in the US is planning for a quick trip through the process with a timeline that could allow it to complete the process this year.

At the time of the filing on 30 July, the deal to reduce its debt by $2.1 billion in exchange for shares and warrants had the support of more than two-thirds of its creditors, Denbury said in its release.

The company produces more than 21,000 BOPD from old fields using CO2 injection, but the debt associated with the cost of expanding its CO2 production, pipelines, and projects exceeded what it could pay. This years COVID-19-driven oil-price crash forced the company to begin working toward a major debt reduction, after working for years to whittle down what it owed.

Even after taking these steps, it became apparent that a comprehensive financial restructuring would be necessary to address our legacy debt burden and create a clear path forward for the company, said Chris Kendall, Denburys president and chief executive officer.

Denburys biggest operations are focused on the Gulf Coast and include a pipeline which allows it to buy carbon dioxide from plants in Louisiana and Texas. Source: Denbury Resources

Denbury is not a good case study for those trying to predict how a spate of other oil companies filing for bankruptcy will fare. It is a unique businessthe only publicly traded company in the US whose business is focused on producing, delivering, and managing CO2-injection EOR projects, Denbury said.

Its production outlook is the opposite of the shale produces filing for bankruptcy whose business is built on short-lived, fast-declining wells. It revives old, conventional fields with CO2 injections, and the slowly declining fields can produce for years to come.

This business model required large upfront investments in CO2 field development and pipelines to supply its operations.

It also buys 3 million tons of CO2 a year, exceeding the carbon emissions from its operations. It plans to be completely carbon neutralincluding the emissions of the oil it sells by 2030, according to its disclosure statement.

The agreement will eliminate its $2.1 billion in bond debt. Those creditors will receive stock and warrants but buy the shares at a set price. The amounts will vary depending on the class of creditor.

Denbury will be able to borrow up to $615 million from its bank lenders, who are paid in full.

Shareholders will receive warrants valued at $2.5 million if equity holders as a group vote to support the plan.

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Denbury Files for Bankruptcy With a Plan to Slash Debt - Journal of Petroleum Technology

Bankruptcy Proceedings In Thailand: An Updated Overview – Insolvency/Bankruptcy/Re-structuring – Thailand – Mondaq News Alerts

Updated on 16th March2020

In the previous edition of the overviewon Thailand's approach to bankruptcy, we covered how partiespetition for bankruptcy proceedings, the processes involved,alternatives available to parties, as well as the way in which oneis discharged from the proceedings. As a result of the economicdifficulties faced in the Kingdom due to the spread of COVID-19,among other things, we have decided to revisit the topic to provideadditional insight into Thailand's bankruptcyproceedings.

As previously mentioned, Thai proceedings are highly complexwith several procedures and conditions that need to be met in orderto come to a successful conclusion. Thailand's bankruptcy lawis modeled after that of the United States, which providesrestructuring proceedings that requires a specialized bankruptcycourt to preside over matters pertaining to bankruptcy andinsolvency. Under Thai law, bankruptcy is defined as a state inwhich the court permits the distribution of assets that belong to adebtor among their creditors within the parameters of the law.

Generally speaking, Thai bankruptcy law makes a distinctionbetween claims filed by secured and unsecured creditors, where theformer takes priority after labor obligations. This means that whenproceeds from the disposal of assets in a bankrupt estate do notsufficiently satisfy the claims of all creditors, the court willprioritize outstanding payments for employees followed by claimsmade by secured creditors; claims made by unsecured creditors willthen be resolved after the aforementioned. Special rules, however,are applied to claimants that are considered companies orcorporations.

Assets are generally considered to include fixed assets,machinery, accounts receivable, and financial assets.

According to Thailand's Bankruptcy Act, a debtor will bepresumed insolvent if a creditor files a suit against them forclaims reaching more than THB 2 million for debtors that areconsidered companies or business entities. The Act also stipulatesother grounds for insolvency, including any attempt by the debtorto avoid paying their debt, transferring the rights to manage theirassets, or simply declaring their insolvency to the court. If anyof these conditions are satisfied, the court will allow thebankruptcy proceedings to take place.

Alternatively, corporate entities such as private companies orpartnerships can also be considered insolvent if their sharecapital has been fully spent or if their assets are less than theirliabilities. However, the court maintains that claims must be adefinite amount, and not an approximate number.

Once the court has accepted the proceedings and issued an orderfor absolute receivership, neither the debtor nor the creditor canpetition the court for restructuring. The court will assign anadministrator, also known as an official receiver, who will assumethe responsibility of managing the debtor's affairs,specifically those concerned with the collection of cash, property,or any other assets that may be used to pay back their debts. Oncethe administrator seizes control of the debtor's assets, anorder must be made publicly in the Royal Thai Gazette and onewidely circulated newspaper for creditors to be made aware ofdebtor's insolvency. Local creditors will then be given twomonths following the date of publication while those residingoutside of Thailand will be given four months to submit proof tothe administrator that they are among the estate'screditors.

Prior to the court's adjudication of bankruptcy proceedings,it is also possible to undertake a process called composition inorder to avoid the long and protracted process. A composition takesplace when a debtor expresses in writing their wish to settle theirdebt, either partially or in any other manner, within seven days ofsubmitting their explanation of matters related to the bankruptcyor during a time period prescribed by the receiver. After theproposal for a composition has been submitted, the administratorwill then call for a meeting among creditors to consider whether ornot to accept the proposal. If the proposal is accepted, the courtwill approve the composition in order to legally execute it;however, it will only do so if the proposal highlights provisionsfor the repayment of debts.

After the bankruptcy proceedings, it is also possible for adebtor to propose a composition following the court'sadjudication of bankruptcy. However, if they had a previouscomposition agreement that was unsuccessful, they will not beallowed to file for another one within three months from the dateof the previous composition. Successfully pursuing a compositionwill act as a termination of the bankruptcy and return control tothe debtor to manage their debts.

If the debtor is a juristic person, they can likewise opt toundergo restructuring, but only if they choose to do so prior tothe court issuing an order for absolute receivership. This takesplace under the supervision of a court-appointed planner who willoversee the creation of a restructuring plan that will be approvedby the creditors. For companies, this means that they are able tocontinue business operations, and hopefully trade themselves out oftheir position, so creditors can profit from these activities in away that is more beneficial than if the company were to beliquidated.

Debtors should take note, however, that according to Section 60of the Bankruptcy Act, if they fail to meet their obligations undera composition, the court will automatically declare the debtorbankrupt.

A bankrupt debtor can be discharged either by an order of thecourt or by automatic discharge. A court-ordered discharge can bepursued by filing a motion to the court requesting for an order ofdischarge which is usually granted if a minimum of 50% of theassets have been liquidated to pay off creditors. Discharge willnot be granted if the debtor is considered dishonest, which ispresumed if the debtor continues to conduct business in theknowledge that they are unable to pay their creditors, engages inembezzlement, or gives preference to a particular creditor. Inspite of being discharged, however, a debtor will still beobligated to work towards the distribution of their assets tocreditors, and the court may withdraw the discharge if it deemsthat the debtor is not contributing towards repayment.

Individual debtors can also be discharged automatically frombankruptcy after three years following the court's judgement,although this can be extended to five years if the debtor has beenpreviously bankrupt within five years of their current bankruptcy.The automatic discharge period can also be extended to 10 years ifthe debtor engages in unscrupulous activities.

A discharge from bankruptcy, either by court order or viastatute of limitations, will be published in the Royal Thai Gazetteand one daily newspaper. It should be noted that discharge does notabsolve the debtor from tax liabilities or debts that result fromdishonest or fraudulent activities.

Undergoing bankruptcy proceedings can be a complex affair forindividuals, particularly for foreign nationals, given thecomplexity of the matter. It is therefore crucial for individualsinvolved in bankruptcy proceedings to seek assistance fromspecialized law firms such as Silk Legal to ensure allprerequisites and procedures are pursued correctly.

Originally published March 16, 2020

The content of this article is intended to provide a generalguide to the subject matter. Specialist advice should be soughtabout your specific circumstances.

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Bankruptcy Proceedings In Thailand: An Updated Overview - Insolvency/Bankruptcy/Re-structuring - Thailand - Mondaq News Alerts

Weinstein Wants Bankruptcy Court to Take Over Rejected Sexual Misconduct Settlement – Hollywood Reporter

Weinstein's legal team says his accusers face "an uncertain financial recovery" without a global settlement, but an attorney for one of the women suing who's him for sexual assault says the reworked agreement put before the bankruptcy court is "the same lousy deal" that a New York federal judge rejected.

After a New York federal judge blasted a proposed settlement that sought to resolve a host of legal claims brought by women who accuse Harvey Weinstein of varying levels of sexual misconduct, his legal team is taking a shot at getting a revised plan approved this time in bankruptcy court.

The original proposed settlement, which prompted swift backlash from accusers, included: an $18.875 million victims' fund to be paid by insurance companies; no admission of wrongdoing by any of the defendants; a defense fund to cover costs of defending suits from accusers who don't participate in the settlement; a perpetual release of claims against the defendants, who include Harvey Weinstein, TWC board members and execs and Bob Weinstein; and a provision that bars New York Attorney General Letitia James' office from prosecuting any related action.

U.S. District Judge Alvin K. Hellerstein during a July 14 hearingrejected the proposed settlement, calling it "obnoxious" and questioning whether the claims were even appropriate for class action. On Friday, he followed up with a written opinion.

In addition to finding that the proposed class is both too broad (potentially including women who weren't injured by Weinstein) and too narrow (potentially excluding women who were injured), he takes major issue with the fairness of the financial structure of the deal, including that it's impossible to calculate how much the women would receive because there are too many unknown variables.

"The Bankruptcy Agreement proposes major deductions from the amounts that otherwise would be available to claimants: $13,716,000 to defray the litigation costs of the TWC officers and directors, and $1,500,000 to defray the litigation costs of the Weinstein Brothers," writes Hellerstein. "At the preliminary approval hearing, I observed that favoring these groups at the expense of the people suffering sexual abuse by Harvey Weinstein was 'obnoxious.' I continue to hold to that view. Furthermore, I cannot fully assess the numerous factors related to the size of the potential awards because the proposed class is too indefinite, and the parties' proposed process gives insufficient clarity regarding how funds would be allocated."

Now, attorneys for TWC's estate want to take a revised plan directly to federal bankruptcy court judge Mary F. Walrath and remove Hellerstein from the equation.

"The revised framework provides that, in lieu of class action treatment of the sexual misconduct claims, such claims will be placed into a single class in a chapter 11 plan of liquidation and administered in much the same way that many other mass tort cases are handled in bankruptcy cases without the need for a certified class in a class action lawsuit," states the filing. "While this is not the appropriate pleading to describe the full terms of the Revised Plan, for present purposes it is important to note two things about it: first, under the Revised Plan, releases will be granted in favor of Harvey Weinstein only on an affirmative opt-in basis; and second, the global settlement embodied in the Revised Plan will be implemented solely through the Bankruptcy Court-supervised plan process, with no further involvement of the District Court in the pending class action."

Douglas H. Wigdor and Kevin Mintzer, who represent several women with claims against Weinstein and have been vocal critics of the settlement, issued a statement Tuesday in response to the filing. "It appears that Harvey and Robert Weinstein, their insurers and corporate enablers are so desperate to secure the deal that Judge Hellerstein immediately rejected as 'obnoxious' that they are now going to ask the bankruptcy court to approve what Judge Hellerstein would not," the statement reads. "This conduct is downright offensive and the New York Attorney General should immediately make it clear that she will refuse to endorse this end-around scheme."

Two of their clients, Dominique Huett and Wedil David, on July 21 filed a motion to convert TWC's chapter 11 bankruptcy to a chapter 7, which would liquidate the remaining assets. According to their motion, it would also allow "tort victims [to] seek relief from the automatic stay to prosecute their claims, have their day in court before a jury, and pursue recoveries against insurance proceeds."

Weinstein's filing asks the court to hold off ruling on that motion to give them time to hammer out the finer points of a new deal. The hearing is currently scheduled for Aug. 4, and they think they can work out the details of the revised plan by Aug. 31.

"This is a case where all parties to the settlement are continuing to engage in good faith discussions and are working feverishly to develop a mutually acceptable alternative path to consummate the global settlement," states the filing, which is posted below. "This should not be a case where two individual sexual harassment victims pursuing their own agenda should be permitted to hijack the process and deny all other stakeholders, including dozens of sexual harassment victims, an opportunity to settle and develop an alternative plan with wide support, including from the Committee that owes fiduciary duties to all unsecured creditors."

In a statement to The Hollywood Reporter, Weinstein's lawyer Imran H. Ansari of Aidala Bertuna & Kamin defended the agreement. "While there are those who continue to rail against the settlement, the practical reality is that outside the settlement the plaintiffs face an uncertain financial recovery, with The Weinstein Company bankrupt, and Mr. Weinstein incarcerated and defending legal matters, facing debt and judgments, frozen assets, and a line of creditors looking for compensation," Ansari said. "Mr. Weinstein's current and future financial state is far from healthy, not only has his personal liberty been taken from him, but his financial liberty as well. Those yelling loudly seem to ignore that many parties want this settlement to succeed, importantly, it is not just the Weinstein defendants, but the plaintiffs themselves, who likely recognize that it is the route to a realistic recovery."

Thomas Giuffra, the attorney for former TWC employee Alexandra Canosa who's suing Weinstein for sexual assault, also sent THR a statement in response to the filing.

"After being thwarted by Judge Hellerstein who recognized the 'global' settlement was a phony class and a settlement which was unfair to the survivors, the class action lawyers, NYAG and the insurance companies are trying to do an end run to try to force this obnoxious and unfair settlement through the bankruptcy court," said Giuffra. "They are repackaging the same lousy deal to try a second time to get judicial approval. I suspect the bankruptcy court will recognize this shameful scam for what it is and prevent a grave injustice from occurring. It is so obvious that the class action lawyers have no interest in actually litigating these cases. But are only concerned with chasing a payday at all costs. I am appalled that AG James who claims to be an advocate for women would continue to put the power of her office behind a deal which is abusive to the rights of the survivors and puts money in the hands of a convicted rapist. I cannot say that I am surprised by this. It is what I would expect of these self-interested money grabbers."

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Weinstein Wants Bankruptcy Court to Take Over Rejected Sexual Misconduct Settlement - Hollywood Reporter

A flood of business bankruptcies hit Houston and even more are on the way – Houston Chronicle

More Texas corporations filed for bankruptcy during the first half of 2020 than in any six-month period in the states history, and Houston has been hit hardest.

The number of businesses that filed to restructure between Jan. 1 and June 30 in the Southern District of Texas, which includes Houston, more than tripled from a year earlier, according to data from Androvett Legal Media research.

The data show that two bankruptcy judges in the Southern District of Texas have handled more complex commercial restructurings of large companies than any other federal district in the country.

On HoustonChronicle.com: Judge gives BJ Services a week to find bankruptcy alternative

The predicted wave of business bankruptcies is now hitting Texas full force, and legal experts suggested that just as many companies are likely to declare bankruptcy during the second half of this year because of the COVID-19 pandemic and the historically low oil and gas prices.

We are still in the early onslaught of this wave, said Munsch Hardt shareholder Kevin Lippman.

The uniqueness about this bankruptcy wave is the breadth of it, he said. It is hitting every business sector - energy, retail, hospitality, real estate, airlines. And it is hitting everywhere - it is not isolated to one or two regions of the country.

There were 815 companies that filed for bankruptcy protection in the federal courts of Texas during the first half of this year, which is 236 - or 40 percent - more than in the first six months of 2009, the heart of the Great Recession, according to the Androvett data.

While all parts of Texas are experiencing economic pain for businesses, no region is being hit harder than Houston.

The Androvett data shows that 602 companies filed for protection under Chapter 11 of the U.S. Bankruptcy Code in the Southern District of Texas in the first six months of the year - a 234 percent increase from the 180 filings during the second half of 2019.

On HoustonChronicle.com: Energy company bankruptcies surge in 2nd quarter

By contrast, business bankruptcies in the Western District of Texas, which includes Austin, San Antonio and El Paso, jumped 33 percent in the period compared to the year earlier. Corporate restructurings in the Northern District, which includes Dallas/Fort Worth, witnessed a 19 percent increase in corporate Chapter 11 filings during the first half of this year versus the final six months of 2019.

There are still a lot of bankruptcies to be filed, said Hunton Andrews Kurth bankruptcy partner Tad Davidson of Houston.

On oil and gas upstream, I think we are in the middle of the bankruptcy wave. There are more restructurings in the pipeline, said Davidson, who is advising Sable Permian Resources in its multibillion-dollar restructuring.

Southern District Chief Judge David Jones of Houston said SDTX, as it is known in legal circles, has more complex corporate restructurings of $300 million or more than any other federal district in the nation.

The goal was never to be busier than other districts, the judge said. The goal was to develop a bankruptcy court that I always wanted when I practiced law. It is about the case and not about the judge. And to have a bankruptcy court that is accessible and predictable.

Alfredo Perez, a bankruptcy and restructuring partner at Weil, Gotshal & Manges in Houston, said the hard work of Jones and fellow bankruptcy Judge Marvin Isgur is the reason the Southern District is now one of the favored courts in the U.S. for large corporate restructurings.

Both judges have strong business and energy industry backgrounds, and they understand how businesses operate, Perez said.

Texas Inc.: Get the best of business news sent directly to your inbox

The bankruptcy judges in the Southern District, led by Chief Judge Jones, issued new rules and procedures in 2015 for complex corporate restructurings that nearly all experts believe are more accessible and predictable for debtors.

It worked.

The 602 corporate bankruptcy filings in the Southern District is nearly three times as much as filed in the three other Texas districts combined. Even so, SDTX actually ranks second in total business bankruptcies filed in the U.S. so far in 2020, according to the Androvett data.

Delaware, which is where so many businesses across the U.S. are officially incorporated, ranks No. 1 with 787 Chapter 11 filings so far this year. The Southern District of New York is third with 456 corporate restructurings during the first half of 2020.

These two judges are incredible, but they are handling such a large number of cases, Winikka said. If the rate of increase continues at this pace, there is going to be a backlog. It is going to be an issue.

Jones said there is no reason for concern at this point.

I dont know how close we are to capacity, he said. We have not pushed our limits at all so far. Whether it takes 10 or 20 more cases each for us to reach our limit, I just dont know.

For a longer version of this article, please visit TexasLawbook.net

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A flood of business bankruptcies hit Houston and even more are on the way - Houston Chronicle

J.C. Penney looks to sell company in bankruptcy to avoid liquidation – USA TODAY

J.C. Penney has filed for bankruptcy and is closing their doors after being around for almost 120 years. So why does it hurt to see them go? USA TODAY

J.C. Penney is looking to go forward with a sale of the business to avoid a brush with liquidation.

The retailer's attorney, Joshua SussbergofKirkland& Ellis, saidduring a bankruptcy court hearing Wednesdaythat the sale should be completed by the fall under an expedited process and rebuffed rumors of a liquidation of the entire chain.

"We have had not one discussion with our lenders or any other stakeholders about a liquidation. That is simply not in the cards," Sussberg said.

The retailer filed for Chapter 11 bankruptcy in mid-May with846 stores and 85,000employees at the time of the filing.J.C. Penney has said it hopes to emerge from bankruptcy with about 600 stores and has begun liquidation sales at around 150 stores.(See the latest list here.)

Thanksgiving Day 2020 store closures: Holiday shopping is changing amid COVID-19 pandemic with Best Buy, Kohl's, Walmart, Target closed Thanksgiving

New York & Company store closings: All stores to close in bankruptcy, going-out-of-business liquidation sales now underway

Before the COVID-19 pandemic, J.C. Penney was already dealing with declining sales amid digital competition, sizable debt andfalling foot traffic to shopping malls. The pandemic forced the retailer to temporarily close all of its locations, cratering sales and triggeringthe bankruptcy filing in May.

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All stores have reopened but Sussberg said the company's 173 off-mall locations continue to perform better than the 520 mall locations since reopening.

In mid-July, the company received an extension from certain lenders until July 31 to secure their approval for a business plan to restructure its operations in Chapter 11 bankruptcy and announced plans to cut 1,000 jobs.

Sussberg said Wednesday there are three separate bids being considered for sale of the company's real estate and other assets. He did not name the bidders and called the proposals confidential.He said they were actively in negotiations ahead of the Friday deadline.

During the hearing, Sussberg lambasted an article published earlier this week by The New York Post that reported a $1.75 billion bid by private equity firm Sycamore Partners to buy J.C. Penney and merge with another struggling chain Belk Inc. Sussberg called the report ill-informed."

We are moving forward with a sales process," Sussberg said. We are hopeful."

A spokesperson at Sycamore Partners declined to comment.

The coronavirus has deepened the ongoing troubles for department stores, which have had a difficult time adjusting to the rise of digital threats and nimble physical competitors that offer affordablefast-fashion apparel.

As many as25,000 stores could shutter this yearas businesses continue to feel the impacts of the pandemic, according to a recent report from Coresight Research.

Ascena Retail Group,Brooks Brothers,Lucky Brand, J.C. Penney,Neiman Marcus,Sur La TableandJ. Crew have all filed for Chapter 11 since May.

Other retailers that haven't filed for bankruptcyalso plan to shutter locations, includingVictoria's Secret,NordstromandSignet Jewelers, parent company ofKay, Zales and Jared. Tailored Brands, parent company of Men's Wearhouse, said it will close up to 500 stores.

Bankruptcy is designed to give struggling companies a second chance, so J.C. Penney could survive as a smaller, nimbler retailer with financial sustainability.

Call shopping malls survive?: Coronavirus pandemic calls experiential model into question

Contributing: Nathan Bomey, USA TODAY; Associated Press

Follow USA TODAY reporter Kelly Tyko on Twitter:@KellyTyko

Read or Share this story: https://www.usatoday.com/story/money/2020/07/29/jcpenney-store-closings-2020-chapter-11-bankruptcy/5536947002/

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J.C. Penney looks to sell company in bankruptcy to avoid liquidation - USA TODAY

Harvey Weinstein Wants Bankruptcy Court to Take Over Rejected Sexual Misconduct Settlement – Billboard

After a New York federal judge blasted a proposed settlement that sought to resolve a host of legal claims brought by women who accuse Harvey Weinstein of varying levels of sexual misconduct, his legal team is taking a shot at getting a revised plan approved this time in bankruptcy court.

The original proposed settlement, which prompted swift backlash from accusers, included: an $18.875 million victims' fund to be paid by insurance companies; no admission of wrongdoing by any of the defendants; a defense fund to cover costs of defending suits from accusers who don't participate in the settlement; a perpetual release of claims against the defendants, who include Harvey Weinstein, TWC board members and execs and Bob Weinstein; and a provision that bars New York Attorney General Letitia James' office from prosecuting any related action.

U.S. District Judge Alvin K. Hellerstein during a July 14 hearing rejected the proposed settlement, calling it "obnoxious" and questioning whether the claims were even appropriate for class action. On Friday, he followed up with a written opinion.

In addition to finding that the proposed class is both too broad (potentially including women who weren't injured by Weinstein) and too narrow (potentially excluding women who were injured), he takes major issue with the fairness of the financial structure of the deal, including that it's impossible to calculate how much the women would receive because there are too many unknown variables.

"The Bankruptcy Agreement proposes major deductions from the amounts that otherwise would be available to claimants: $13,716,000 to defray the litigation costs of the TWC officers and directors, and $1,500,000 to defray the litigation costs of the Weinstein Brothers," writes Hellerstein. "At the preliminary approval hearing, I observed that favoring these groups at the expense of the people suffering sexual abuse by Harvey Weinstein was 'obnoxious.' I continue to hold to that view. Furthermore, I cannot fully assess the numerous factors related to the size of the potential awards because the proposed class is too indefinite, and the parties proposed process gives insufficient clarity regarding how funds would be allocated."

Now, attorneys for TWC's estate want to take a revised plan directly to federal bankruptcy court judge Mary F. Walrath and remove Hellerstein from the equation.

"The revised framework provides that, in lieu of class action treatment of the sexual misconduct claims, such claims will be placed into a single class in a chapter 11 plan of liquidation and administered in much the same way that many other mass tort cases are handled in bankruptcy cases without the need for a certified class in a class action lawsuit," states the filing. "While this is not the appropriate pleading to describe the full terms of the Revised Plan, for present purposes it is important to note two things about it: first, under the Revised Plan, releases will be granted in favor of Harvey Weinstein only on an affirmative opt-in basis; and second, the global settlement embodied in the Revised Plan will be implemented solely through the Bankruptcy Court-supervised plan process, with no further involvement of the District Court in the pending class action."

Douglas H. Wigdor and Kevin Mintzer, who represent several women with claims against Weinstein and have been vocal critics of the settlement, issued a statement Tuesday in response to the filing. "It appears that Harvey and Robert Weinstein, their insurers and corporate enablers are so desperate to secure the deal that Judge Hellerstein immediately rejected as 'obnoxious' that they are now going to ask the bankruptcy court to approve what Judge Hellerstein would not," the statement reads. "This conduct is downright offensive and the New York Attorney General should immediately make it clear that she will refuse to endorse this end-around scheme."

Two of their clients, Dominique Huett and Wedil David, on July 21 filed a motion to convert TWC's chapter 11 bankruptcy to a chapter 7, which would liquidate the remaining assets. According to their motion, it would also allow "tort victims [to] seek relief from the automatic stay to prosecute their claims, have their day in court before a jury, and pursue recoveries against insurance proceeds."

Weinstein's filing asks the court to hold off ruling on that motion to give them time to hammer out the finer points of a new deal. The hearing is currently scheduled for August 4, and they think they can work out the details of the revised plan by August 31.

"This is a case where all parties to the settlement are continuing to engage in good faith discussions and are working feverishly to develop a mutually acceptable alternative path to consummate the global settlement," states the filing, which is posted below. "This should not be a case where two individual sexual harassment victims pursuing their own agenda should be permitted to hijack the process and deny all other stakeholders, including dozens of sexual harassment victims, an opportunity to settle and develop an alternative plan with wide support, including from the Committee that owes fiduciary duties to all unsecured creditors."

In a statement to The Hollywood Reporter, Weinstein's lawyer Imran H. Ansari of Aidala Bertuna & Kamin defended the agreement. "While there are those who continue to rail against the settlement, the practical reality is that outside the settlement the plaintiffs face an uncertain financial recovery, with The Weinstein Company bankrupt, and Mr. Weinstein incarcerated and defending legal matters, facing debt and judgments, frozen assets, and a line of creditors looking for compensation," Ansari said. "Mr. Weinsteins current and future financial state is far from healthy, not only has his personal liberty been taken from him, but his financial liberty as well. Those yelling loudly seem to ignore that many parties want this settlement to succeed, importantly, it is not just the Weinstein defendants, but the plaintiffs themselves, who likely recognize that it is the route to a realistic recovery."

Thomas Giuffra, the attorney for former TWC employee Alexandra Canosa who's suing Weinstein for sexual assault, also sent THR a statement in response to the filing.

"After being thwarted by Judge Hellerstein who recognized the 'global' settlement was a phony class and a settlement which was unfair to the survivors, the class action lawyers, NYAG and the insurance companies are trying to do an end run to try to force this obnoxious and unfair settlement through the bankruptcy court," said Giuffra. "They are repackaging the same lousy deal to try a second time to get judicial approval. I suspect the bankruptcy court will recognize this shameful scam for what it is and prevent a grave injustice from occurring. It is so obvious that the class action lawyers have no interest in actually litigating these cases. But are only concerned with chasing a payday at all costs. I am appalled that AG James who claims to be an advocate for women would continue to put the power of her office behind a deal which is abusive to the rights of the survivors and puts money in the hands of a convicted rapist. I cannot say that I am surprised by this. It is what I would expect of these self-interested money grabbers."

This article originally appeared in THR.com.

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Harvey Weinstein Wants Bankruptcy Court to Take Over Rejected Sexual Misconduct Settlement - Billboard

Using the Federal Reserves discount window for debtor-in-possession financing during the COVID-19 bankruptcy crisis – Brookings Institution

This paper outlines how the Federal Reserve can use its non-emergency statutory authority to substantially improve the functioning of debtor-in-possession financing markets during the bankruptcy crisis triggered by the COVID-19 pandemic. The authors argue that, contrary to restrictions on the Feds emergency lending authority in Section 13(3) of the Federal Reserve Act, Section 10B permits the Fed to increase support for bank-led debtor-in-possession financing sufficient to meet the scale that this crisis presents. After explaining in detail the Feds statutory authority to intervene in these markets, the authors discuss several important benefits and manageable costs of this approach. The benefits include, first, better facilitation of bank-based financing for bankrupt firms and the reciprocal reduction of financing from the shadow banking sector and, second, better insight for the central bank into this important sector of the financial system for macroeconomic and financial stability purposes. The costs include perceptions of illegality given the limitations on the Feds emergency lending authority, the risk of undermining the Feds independence for monetary policy, and concerns about central bank meddling in the political prerogatives of Congress and the President. They argue that these costs, though real, are manageable and in any case less than the benefits of intervention.

Read the full paper here

The authors did not receive financial support from any firm or person with a financial or political interest in this article. Neither is currently an officer, director, or board member of any organization with an interest in this article.

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Using the Federal Reserves discount window for debtor-in-possession financing during the COVID-19 bankruptcy crisis - Brookings Institution

Elliott Hits PG&E With New $250 Million Claim Tied to Bankruptcy – Yahoo Finance

(Bloomberg) -- Elliott Management Corp. is claiming PG&E Corp. cost the activist investor $250 million by breaking a promise to help the hedge fund get rights to buy equity in the utility giant during its massive bankruptcy case.

PG&E was supposed to help Elliott gain access to as much as $2 billion in equity commitments, as part of a settlement struck in January to resolve competing and sometimes contentious restructuring plans, according to a court filing by Elliott.

Elliott said PG&Es failure to follow through resulted in damages of up to 19.8 million shares valued at about $250 million. Thats based on prices as of June 8, so damages could be higher, Elliott said.

Because PG&E allegedly breached its obligation, and concealed that breach until after the evidence had closed with respect to the confirmation hearing, Elliott is now entitled to seek payment of this administrative expense claim, the firm said.

PG&E emerged from Chapter 11 earlier this month after settling wildfire claims tied to its equipment for $25.5 billion. The company raised more than $5 billion in common shares and equity units in a public offering to finance its bankruptcy exit.

Were aware of the lawsuit and are currently reviewing, according to a PG&E representative. Representatives for Elliott -- founded by billionaire investor Paul Singer -- werent immediately available to comment. A hearing on the matter is scheduled for Aug. 25.

Elliott was part of a group of PG&E bondholders that tried to wrest control of the power company in bankruptcy court last year. The noteholders agreed to back PG&Es bankruptcy exit plan after the company offered the group favorable treatment of its debt in its reorganization.

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Elliott complained that PG&E failed to use its best efforts to persuade other investors involved in the companys reorganization to give Elliott the investment rights.

PG&E breached its promise when it failed to quickly disclose certain details about new financing parties involved in PG&Es plan to raise money for its bankruptcy exit, Elliott said in court papers.

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Elliott Hits PG&E With New $250 Million Claim Tied to Bankruptcy - Yahoo Finance

Tracking the Growing Wave of Oil & Gas Bankruptcies in 2020 – Visual Capitalist

2020 hasnt been kind to the energy sector, and a growing wave of energy bankruptcies has started to build.

After a difficult year marred by rising geopolitical tensions in the Middle East and crude prices in the $50-60 per barrel range, analysts warned that the energy sector needed a strong recovery to offset a rising (and expiring) mountain of debt.

Instead, the oil patch has seen one bombshell after another, and the impacts are adding up.

The new year opened with a U.S. attack on a top-ranking Iranian general in Baghdad, followed by an Iranian counterattack on two bases in Iraq that hosted U.S. military personnel.

Then, the energy industry worried that the Organization of the Petroleum Exporting Countries (OPEC) wouldnt renew its production deal with non-member countries, causing increased production and negative pressure on crude prices.

All the while, the threat of COVID-19 grew and started to spread. In March, the new coronavirus hit markets hardest, right as the OPEC+ deal collapsed. Russia and Saudi Arabia subsequently flooded the markets with cheap oil, starting a price war to drive out competition.

What developed was the perfect storm of nonexistent demand matched up against oversupply. Crude prices plummeted and hit a historic sub-zero low on April 20th, with futures for West Texas Intermediate (WTI) Crude closing at -$37.63.

Now, following a renewed OPEC+ deal limiting production agreed upon on April 9th and slowly restarting economies driving up crude demand, prices have started to tick up.

Unfortunately, the damage has already been done and will take a long time to recover. By charting the sectors bankruptcies over the first half of 2020tracked by law firm Haynes and Boone, LLP for the U.S. and Insolvency Insider for Canadawe can see the wave start to swell:

For oil and gas producers, the second quarter of 2020 saw 18 bankruptcies, the highest quarterly total since 2016.

So far, theyre largely centered in the U.S., which saw a boom of surface-level shale oil production in the 2010s to take advantage of rising crude prices. As prices have dropped, many heavily leveraged companies have started to run out of options.

The biggest victim in the first half of 2020 was Chesapeake Energy, a shale giant that declared bankruptcy on June 28 with more than $9 billion in debt.

Canada has also seen an uptick in energy bankruptcies, especially after facing years of stiff competition from U.S. shale producers. However, the number of cases in Canada is far fewer than in the United States.

One reason is that companies staved off bankruptcy or receivership in four of the seven insolvency cases in Canada since January 2020, at least temporarily. Instead, they are seeking protection under the countrys Companies Creditors Arrangement Act, giving them a chance to restructure and avoid insolvency.

Another reason for the discrepancy in bankruptcy numbers is timing. The energy sector faced its biggest challenges in 2015/2016, causing many companies to take on debt.

Unfortunately, much of that debt is starting to expire, or becoming too difficult to pay off in the current market conditions.

Thats why, despite the wave of bankruptcies caused by COVID-19 gaining steam, the wave will continue well into 2020 and likely beyond.

July has already seen more companies declaring bankruptcy or seeking creditor protection. The question is, how many more are waiting to surface?

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Tracking the Growing Wave of Oil & Gas Bankruptcies in 2020 - Visual Capitalist

Understanding Bankruptcy: How to File & Qualifications

What Is Bankruptcy?

Bankruptcy is a court proceeding in which a judge and court trustee examine the assets and liabilities of individuals and businesses who cant pay their bills. The court decides whether to discharge the debts, and those who owe are no longer legally required to pay them.

Bankruptcy laws were written to give people whose finances have collapsed, a chance to start over. Whether the collapse is a product of bad decisions or bad luck, lawmakers could see that in a capitalist economy, consumers and businesses who fail financially need a second chance.

And nearly all who file for bankruptcy get that chance.

Ed Flynn, of the American Bankruptcy Institute (ABI), did a study of PACER stats (public court records) from Oct. 1, 2018, through Sept. 30, 2019, and found that there were 488,506 Chapter 7 bankruptcy cases completed in that fiscal year. Of them, 94.3% were discharged, meaning the individual was no longer legally required to pay the debt.

Only 27,699 cases were dismissed, meaning the judge or court trustee felt like the individual had enough resources to pay his or her debts.

Individuals who used Chapter 13 bankruptcy, known as wage earners bankruptcy, were almost evenly split in their success. Slightly less than half of the 283,412 Chapter 13 cases completed were discharged (126,401) and 157,011 were dismissed, meaning the judge felt the person filing had enough assets to handle his or her debts.

The individuals and business who file for bankruptcy have far more debts than money to cover them and dont see that changing anytime soon. In 2019, bankruptcy filers owed $116 billion and had assets of $83.6 billion, almost 70% of that was real estate holdings, whose real value is debatable.

What is surprising is that people not businesses are the ones most often seeking help. They have taken on financial obligations like a mortgage, auto loan or student loan or perhaps all three! and dont have the income to pay for it. There were 774,940 bankruptcy cases filed in 2019, and 97% of them (752,160) were filed by individuals.

Only 22,780 bankruptcy cases were filed by businesses in 2019.

Most of the people filing bankruptcy were not particularly wealthy. The median income for the 488,506 individuals who filed Chapter 7, was just $31,284. Chapter 13 filers were slightly better off with a median income of $41,532.

Part of understanding bankruptcy is knowing that, while bankruptcy is a chance to start over, it definitely affects your credit and future ability to use money. It may prevent or delay foreclosure on a home and repossession of a car, and it can also stop wage garnishment and other legal action creditors use to collect debts, but in the end, there is a price to pay.

There is no perfect time, but one rule of thumb to keep in mind is the length of time it will take to pay down your debts. When asking yourself the question Should I file for bankruptcy? think hard about whether it is going to take more than five years to pay your debts off. If the answer is yes, it might be time to declare bankruptcy.

The thinking behind this is that the bankruptcy code was set up to give people a second chance, not to punish them. If some combination of mortgage debt, credit card debt, medical bills and student loans has devastated you financially and you dont see that changing, bankruptcy might be the best answer.

And if you don't qualify for bankruptcy, there is still hope.

Other possible debt-relief choices include a debt management program or debt settlement. Both of these typically need 3-5 years to reach a resolution, and neither one guarantees all your debts will be settled when you finish.

Bankruptcy carries some significant long-term penalties because it will remain on your credit report for 7-10 years, but there is a great mental and emotional lift when youre given a fresh start and all your debts are eliminated.

Like the economy, bankruptcy filings in the U.S. rise and fall. In fact, the two are as connected as peanut butter and jelly.

Bankruptcy peaked with just more than two million filings in 2005. That is the same year the Bankruptcy Abuse Prevention and Consumer Protection Act was passed. That law was meant to stem the tide of consumers and businesses too eager to simply walk away from their debts.

The number of filings dropped 70% in 2006, to 617,660. But then the economy tanked and bankruptcy filings increased to 1.6 million in 2010. They retreated again as the economy improved and have gone down about 50% through 2019.

That may change significantly in 2020 as the economic impact of COVID-19 forces many individuals and small businesses to declare bankruptcy.

Filing for bankruptcy is a legal process that either reduces, restructures or eliminates your debts. Whether you get that opportunity is up to the bankruptcy court. You can file for bankruptcy on your own, or you can find a bankruptcy lawyer. Bankruptcy costs include attorney fees and filing fees. If you file on your own, you will still be responsible for filing fees.

If you cannot afford to hire an attorney, you may have options for free legal services. If you need help finding a lawyer or locating free legal services, check with the American Bar Association for resources and information.

Before you file, you must educate yourself on what happens when you file for bankruptcy. Its not simply a matter of telling a judge Im broke! and throwing yourself at the mercy of the court. There is a process a sometimes confusing, sometimes complicated one that individuals and businesses must follow.

The steps are:

There are several types of bankruptcy for which individuals or married couples can file, the most common being Chapter 7 and Chapter 13.

Chapter 7 bankruptcy is generally the best option for those with a low income and few assets. It is also the most popular form of bankruptcy, making up 63% of individual bankruptcy cases in 2019.

Chapter 7 bankruptcy is a chance to get a court judgment that releases you from responsibility for repaying debts and you also permitted to keep key assets that are considered exempt property. Non-exempt property will be sold to repay part of your debt.

By the end of the Chapter 7 bankruptcy process, the majority of your debts will be discharged and you will no longer have to repay them.

Property exemptions vary from state to state. You may choose to follow either state law or federal law, which may allow you to keep more possessions.

Examples of exempt property include your home, the car you use for work, equipment you use at work, Social Security checks, pensions, veterans benefits, welfare and retirement savings. These things cant be sold or used to repay debt.

Non-exempt property includes things like cash, bank accounts, stock investments, coin or stamp collections, a second car or second home, etc. Non-exempt items will be liquidated sold by a court-appointed bankruptcy trustee. Proceeds will be used to pay the trustee, cover administrative fees and, if money allows, repay your creditors as much as possible.

Chapter 7 bankruptcy stays on your credit report for 10 years. While it will have an immediate impact on your credit score, the score will improve over time as you rebuild your finances.

Those who file for Chapter 7 bankruptcy will be subject to the U.S. Bankruptcy Courts Chapter 7 means test, which is used to weed out those who might be able to partially repay what they owe by restructuring their debt. The means test compares a debtors income for the previous six months to the median income (50% higher, 50% lower) in their state. If your income is less than the median income, you qualify for Chapter 7.

If its above the median, there is a second means test that may allow you to qualify for Chapter 7 filing. The second means test measures your income vs. essential expenses (rent/mortgage, food, clothing, medical expenses) to see how much disposable income you have. If your disposable income is low enough, you could qualify for Chapter 7.

However, if a person has enough money coming in to gradually pay down debts, the bankruptcy judge is unlikely to allow a Chapter 7 filing. The higher an applicants income is relative to debt, the less likely a Chapter 7 filing will be approved.

Chapter 13 bankruptcies make up about 36% of non-business bankruptcy filings. A Chapter 13 bankruptcy involves repaying some of your debts in order to have the rest forgiven. This is an option for people who do not want to give up their property or do not qualify for Chapter 7 because their income is too high.

People can only file for bankruptcy under Chapter 13 if their debts do not exceed a certain amount. In 2020, an individuals unsecured debt could not exceed $394,725 and secured debts had to be less than $1.184 million. The specific cutoff is reevaluated periodically, so check with a lawyer or credit counselor for the most up-to-date figures.

Under Chapter 13, you must design a three- to five-year repayment plan for your creditors. Once you successfully complete the plan, the remaining debts are erased.

However, most people do not successfully finish their plans. When this happens, debtors may then choose to pursue a Chapter 7 bankruptcy. If they don't, creditors can resume their attempts to collect the full balance owed.

Chapter 9: This applies only to cities or towns. It protects municipalities from creditors while the city develops a plan for handling its debts. This typically happens when industries close and people leave to find work elsewhere. There were just four Chapter 9 filings in 2018. There were 20 Chapter 9 filings in 2012, the most since 1980. Detroit was among those filing in 2012 and is the largest city ever to file Chapter 9.

Chapter 11: This is designed for businesses. Chapter 11 is often referred to as reorganization bankruptcy because it gives businesses a chance to stay open while they restructure the debts and assets in order to pay back creditors. This is used primarily by large corporations like General Motors, Circuit City and United Airlines, but can be used by any size business, including partnerships and in some rare cases, individuals. Though the business continues to operate during bankruptcy proceedings, most of the decisions are made with permission from the courts. There were just 6,808 Chapter 11 filings in 2019.

Chapter 12: Chapter 12 applies to family farms and family fishermen and gives them a chance to propose a plan to repay all or part of their debts. The court has a strict definition of who qualifies, and its based on the person having regular annual income as a farmer or fisherman. Debts for individuals, partnerships or corporations filing for Chapter 12 cant exceed $4.03 million for farmers and $1.87 million for fishermen. The repayment plan must be completed within five years, though allowances are made for the seasonal nature of farming and fishing.

Chapter 15: Chapter 15 applies to cross-border insolvency cases, in which the debtor has assets and debts both in the United States and in another country. There were 136 cases of Chapter 15 filed in 2019. This chapter was added to the bankruptcy code in 2005 as part of the Bankruptcy Abuse Prevention and Consumer Protection Act. Chapter 15 cases start as insolvency cases in a foreign country and make their way to the U.S. Courts to try and protect financially troubled businesses from going under. The U.S. courts limit their scope of power in the case to only the assets or persons that are in the United States.

The overriding principle of bankruptcy is that it gives you a fresh start with your finances. Chapter 7 (known as liquidation), wipes away debt by selling non-exempt possessions that have some value. Chapter 13 (known as the wage earners plan) gives you an opportunity to develop a 3-5 year plan to repay all your debt and keep what you have.

Both equal a fresh start.

Yes, filing for bankruptcy impacts your credit score. Bankruptcy remains on your credit report for 7-10 years, depending upon which chapter of bankruptcy you file under. Chapter 7 (the most common) is on your credit report for 10 years, while a Chapter 13 filing (second most common) is there for seven years.

During this time, a bankruptcy discharge could prevent you from getting new lines of credit and may even cause problems when you apply for jobs.

If you are considering bankruptcy, your credit report and credit score probably are damaged already. Your credit report may improve, especially if you consistently pay your bills after declaring bankruptcy.

Still, because of the long-term effects of bankruptcy, some experts say you need at least $15,000 in debt for bankruptcy to be beneficial.

Bankruptcy does not necessarily erase all financial responsibilities.

It also does not protect those who co-signed your debts. Your co-signer agreed to pay your loan if you didn't, or couldn't pay. When you declare bankruptcy, your co-signer still may be legally obligated to pay all or part of your loan.

Most people consider bankruptcy only after they pursue debt management, debt consolidation or debt settlement. These options can help you get your finances back on track and won't have a negative impact on your credit as much as a bankruptcy.

Debt management is a service offered by nonprofit credit counseling agencies to reduce the interest on credit card debt and come up with an affordable monthly payment to pay those off. Debt consolidation combines all your loans to help you make regular and timely payments on your debts. Debt settlement is a means of negotiating with your creditors to lower your balance. If successful, it directly reduces your debts.

To learn more about bankruptcy and other debt-relief options, seek advice from a local credit counselor or read the Federal Trade Commission's informational pages.

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Understanding Bankruptcy: How to File & Qualifications

Hemp companies in financial trouble have legal bankruptcy options not offered to marijuana operators – Hemp Industry Daily

(This is an abridged version of a story that appears in the July issue of Marijuana Business Magazine.)

In a recession, there are bound to be business casualtiesparticularly in a high-risk, nascent industry such as hemp.

Hemp companies have experienced a perfect storm of obstacles since legalization in late 2018an uncertain regulatory environment, overproduction in 2019, ongoing challenges with access to banking and financial services and, now, COVID-19. In short, the odds are stacking up against hemp entrepreneurs.

Bill Hilliard, CEO of Winchester, Kentucky-based Atalo Holdings, a hemp and CBD company that filed for Chapter 7 bankruptcy protection in April, said the current, challenging state of the hemp market stems from a number of factors that are beyond the control of most hemp companies, including regulatory uncertainty due to a delay of guidelines from the U.S. Food and Drug Administration and the continued struggle to secure financial services from lenders and credit card-processing companies.

Were in good company in our bankruptcy here in Kentucky; four of the primary participants in (Kentuckys 2014 hemp pilot) research program have all sought bankruptcy protection, Hilliard said.

Overproduction during the 2019 crop year was a result of the USDA being aggressive about finding a new agricultural crop for the American farmwith support from the industry, Hilliard said.

We led the charge and we supported that 100%. But they were so enthusiastic that no one contemplated that we would have the massive production that American farmers produced in 2019, he said. At the same time, everyone was expecting that the FDA would come out with some guidance on what the markets were for CBD, and, of course, that hasnt really materialized in a meaningful way so far.

Bankruptcy Basics

Before 2014, cannabis companies of any kind generally were not eligible for bankruptcy protection under federal law, including ancillary businesses that derived any portion of their revenue from cannabis. But that changed for hemp and CBD businesses after hemp cultivation was permitted through state-led pilot research programs under the 2014 Farm Bill and subsequently legalized as a commodity under the 2018 Farm Bill and removed from the Controlled Substances Act.

Today, companies associated with hemp and its derived products can legally file for bankruptcy, but their counterparts in the marijuana industry cannot, because marijuana remains a federally illegal controlled substance.

Filing for bankruptcy protection helps companies that have found themselves underwater financially to either liquidate their assets to pay debts or to reorganize their business and finances to continue operating.

To read more about legal hemp bankruptcy options click here.

Laura Drotleff can be reached at [emailprotected]

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Hemp companies in financial trouble have legal bankruptcy options not offered to marijuana operators - Hemp Industry Daily

For the record: Building permits and bankruptcies | Business – Tulsa World

BUILDING PERMITS

(Listed by owner, tenant or building name. This weekly update lists new commercial construction, expansions and enlargements of more than $50,000. Information is from initial applications and is subject to change. Dollar amount is valuation declared by owner.)

19-049306 Aeroflex 2, 1660 N. Mingo Road, shell building, $4,113,000.

20-061309 Grand Bank/21 Century Park, 2642 E. 21st St., alteration, $300,000.

20-064195 Tri-Angle, 4555 S. Harvard Ave. alteration, $130,000.

20-061228 Vandever Lofts, 16 E. Fifth St., alteration, $85,000.

19-041634 Vagabonds Inc. RV Park, 123 S. Gilcrease Museum Road, alteration, $75,000.

BUSINESS BANKRUPTCIES

(Weekly update includes filings classified as business in the numerical list of the U.S. Bankruptcy Court, Northern District in Tulsa, and which also list business as nature of debt on bankruptcy document.)

20-11180-R Matthew Wilhelm Bailey, 18740 E. 42nd St., assets and liabilities: not available, attorney: Michael S. Jones, chapter 7.

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For the record: Building permits and bankruptcies | Business - Tulsa World

CEOs And Executives Of Companies Filing For Bankruptcy Make Millions – Forbes

Neiman Marcus CEO Geoffroy van Raemdonck (Photo by Pascal Le Segretain/Getty Images for The Business ... [+] of Fashion)

During the Covid-19 pandemic, we saw over 3,600 corporations file for bankruptcy protection. These companies include iconic American brands, such as J.C. Penney, Hertz, J. Crew,

Pier 1, Brooks Brothers and Neiman Marcus. Many of them attribute their dire situations to the virus outbreak. It's a convenient scapegoat that deflects the blame. The reality is that a majority of companies were mismanaged, piled on too much debt, engaged in stock buybacks that left them without emergency funds, paid their CEOs and executives lavishly and were not in sync with their customers nor innovated to stay current with the changing climate and trends.

According to Reuters, a large number of the big companies that sought out bankruptcy protection awarded millions of dollars in bonuses to their executives within months before filing. Their reporting shows that a number of companies, including J.C. Penney and Hertz, approved bonuses as few as five days before seeking bankruptcy protection. This may be due to a 2005 bankruptcy law that prohibits companies from paying executives retention bonuses while in bankruptcy. This prepayment looks like exploiting a loophole.

After over 100 years in business, the once-beloved retailer, J.C. Penney, filed for bankruptcy protection and paid out millions of dollars to top executives right before it happened. In a regulatory filing, it was disclosed that J.C. Penney CEO Jill Soltau received a $4.5 million bonus. Three top executives, including chief financial officer Bill Wafford, chief merchant officer Michelle Wlazlo and chief human resources officer Brynn Evanson each received a $1 million payout.

Hertz, the well-known car rental company thats been an enduring American fixture at airports, handed out over $16 million in bonuses days before filing for bankruptcy. Hertz paid a $700,000 bonus to chief executive Paul Stone. Chief financial officer Jamere Jackson was awarded $600,000 and chief marketing officer Jodi Allen received $189,633, according to the Wall Street Journal.

Your fondly remembered childhood pizza and arcade game emporium, Chuck E. Cheese, filed for bankruptcy. The go-to birthday party place for kids CEO David McKillips lamented that the pandemic period has "been the most challenging event in our company's history." However, McKillips is "confident" about its future. He should be, as McKillips was personally taken care of. Despite the challenging times ahead, the company gave around $3 million in retention bonuses to its three top executives before the bankruptcy was announced. McKillips received $1.3 million, President Roger Cardinale got $900,000 and CFO Jay Howell was awarded $675,000.

Shopping-mall mainstay GNC paid out about $4 million in cash bonuses to top executives, prior to its Chapter 11 filings.The rewardsofficially called retention bonusesfor failing included $2.2 million for CEO Kenneth Martindale, who joined the company in September 2017. He was paid $7.1 million in 2019. The chief financial officer received $795,000 and three other C-level executives were awarded a total $918,000.

Despite the decreasing fortunes of large oil and gas producer Chesapeake Energy, CBS News reported that last year its CEO, Doug Lawler, remained the highest-paid CEO in Oklahoma with $15.4 million in compensation. Prior to filing for bankruptcy, the Wall Street Journal reported, Chesapeake also offered 21 high-ranking employees cash-retention payments totaling about $25 million. According to Equilar, Lawlers realized pay through the end of last year totaled more than $48 million.

Upscale-clothing retailer Neiman Marcus is requesting a federal bankruptcy court in Texas to allow about $10 million in pay raises for CEO Geoffroy van Raemdonck and other executives. The compensation is said to be critical to day-to-day operations and will ensure the companys success during the bankruptcy process.

Bloomberg estimates, Out of the 100 companies that have filed for bankruptcy since the Covid lockdowns began, 19 of these companies have committed to paying a total of $131 million in retention and performance bonuses.

The usual excuse is that the management team needs to be financially taken care of to shepherd their companies through the arduous bankruptcy proceedings. They claim that the bonuses could be clawed back under certain circumstances, but that rarelyif everhappens.

Outside observers understandably question the legitimacy of costly retention bonuses, as it's going to the very same management groups that got their respective companies into these messes. Critics also point to the fact that workers are laid off by the thousands and not afforded any enhanced packages. These are the rank-and-file folks who roll up their sleeves and do all of the heavy lifting, interact with customers and are the lifeblood of the companies.

To be fair, running large, diversified global businesses is not easy. Doing this during an unprecedented pandemic is excruciatingly hard, especially if youre in a sector that depends upon human-to-human interactions or were forced to shut down due to the federal and state mandates. It's reasonable to compensate management fairly for their efforts, as well as the anxiety and uncertainty they face.

What infuriates people is that the companies clearly have a two-tier system: the senior executives and CEOs are financially looked after, whereas the average worker is not taken into consideration. Arguably, the top brass have the financial wherewithal to weather the storm and have accumulated enough contacts and connections to land on their feet somewhere else in a high-end, cushy role.

The average worker at a company that is going through bankruptcy confronts a different reality. Theyre unceremoniously tossed out into a cruel and unforgiving job market, in which 51 million Americans have recently filed for unemployment. The competition for a new job is ridiculously competitive. There are hiring freezes and layoff announcements on a nearly daily basis.

The oversized bonus rewards could almost be tolerated if the same consideration was offered to their workers too. Until this happens, confidence in our capitalistic system will continue to erode. The average American will feel that it's rigged against themfavoring the rich and powerful and ignoring the hardworking middle and working classes.

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CEOs And Executives Of Companies Filing For Bankruptcy Make Millions - Forbes

How Congress is preventing a Medicare bankruptcy during COVID-19 | TheHill – The Hill

The novel coronavirus continues to spread throughout the country and is showing no signs of cessation. Thats bad news for seniors, and in more ways than one. Everyone knows of the disproportionate health risks the nations elderly face from this virus, but the threat it poses to Medicare the federal health insurance program that those over the age of 65 rely upon for their medical needs has received far less attention.

It shouldnt come as a surprise that COVID is running the government program dry. It was already in dire straits before the pandemic. A 2020 trustee report found that parts of it will run out of money as early as 2023 and become insolvent by 2026. However, with Medicare Part B now covering all coronavirus testing costs, and the Centers for Medicare & Medicaid Services (CMS) also waving Medicare participation conditions, the system could come to a breaking point in a matter of years.

Over 61 million Americans 18-percent of the population depend on Medicare for their health needs. Even with Medicares assistance, approximately 7.5 million seniors still cant afford the out-of-pocket costs of their drugs. Put simply, the nation cant afford to let the system buckle. Congress must come to terms with a solution that ensures this pandemic does not jeopardize the programs solvency. Thankfully, representatives from both sides of the aisle recently crafted a solution that will eliminate a sizable chunk of the added pandemic-induced strains.

This month, Sens. John CornynJohn CornynCongress set for messy COVID-19 talks on tight deadline Mnuchin: It 'wouldn't be fair to use taxpayer dollars to pay more people to sit home' Congress set for brawl as unemployment cliff looms MORE (R-Texas) and Michael BennetMichael Farrand BennetTom Cotton rips NY Times for Chinese scientist op-ed criticizing US coronavirus response Our national forests need protection and Congress can help Hillicon Valley: Facebook considers political ad ban | Senators raise concerns over civil rights audit | Amazon reverses on telling workers to delete TikTok MORE (D-Colo.) introduced the Increasing Access to Biosimilars Act (IABA). This bipartisan bill, previously introduced in the House by Reps. Richard HudsonRichard Lane HudsonHow Congress is preventing a Medicare bankruptcy during COVID-19 Cook shifts 20 House districts toward Democrats American meat producers must leverage new technology to protect consumers, workers MORE (R-N.C.), Angie Craig (D-Minn.), and Brian FitzpatrickBrian K. FitzpatrickOvernight Energy: House passes major conservation bill, sending to Trump | EPA finalizes rule to speed up review of industry permits House passes major conservation bill, sending it to Trump's desk House votes to block funding for nuclear testing MORE (R-Pa.), will create a pilot program that incentivizes providers to use low-cost biosimilar drugs in the Medicare program whenever possible.

The benefit that providers making greater use of biosimilars will provide to preserving Medicares finances is unquestioned. These drugs, developed to be similar to already-existing FDA medicines, cost up to 30 percent less than brand-names, and a 2017 RAND study estimated that they could save the U.S. health care system as much as $150 million over a 10-year period.

In the past, public policy analysts have questioned how the government can encourage doctors and hospitals, which often reflexively prescribe brand-names, to change course. Thats where the beauty of IABA comes in. The bill puts that concern to bed by implementing a shared-savings program to make the use of biosimilars just as beneficial to providers as it is for the Medicare program itself.

The bills focus on extending collective benefits should provide doctors and hospitals with every incentive they need to participate in the legislations pilot program. These care centers have always actively looked for ways to cut costs to make up for underpayments from Medicare, but the COVID crisis has increased their budget consciousness tremendously and for good reason. According to one estimate, the pandemic has already brought them $202 billion in revenue losses over the last four months. It has caused a significant number of hospital closures this year already, while plenty of other care centers are operating on margins and hanging on by a thread. Providers and facilities would be foolish not to take part in IABA when it can amount to the difference between life or death of their businesses and practices.

Beyond the intuitive sense that this shared-savings program makes for both Medicare and hospitals is the historical evidence that these types of government initiatives work. For example, not long ago, CMS created a Medicare Shared Savings Program for providers who participate in Accountable Care Organizations (ACO). It saved ACO participants almost $740 million in 2018 and $1.84 billion from 2013-2015. Given these dramatic results, its no wonder why both Democrats and Republicans are so eager to extend the benefits to seniors and providers that operate outside of ACOs.

In this time of great need and great political division, Congress deserves commendation for formulating a solution to this issue of great public importance for our nations seniors. IABA will benefit the U.S. health care system not only during this pandemic, but in the years beyond it as well. House Speaker Nancy PelosiNancy PelosiWhite House, Senate GOP race to finalize coronavirus package ahead of Monday rollout Congress set for messy COVID-19 talks on tight deadline Sunday shows - Coronavirus relief, stimulus talks dominate MORE (D-Calif.) and Senate Majority Leader Mitch McConnellAddison (Mitch) Mitchell McConnellWhite House, Senate GOP race to finalize coronavirus package ahead of Monday rollout Congress set for messy COVID-19 talks on tight deadline AFSCME launches ad calling for trillion in relief aid for local governments MORE (R-Ky.) should leverage this rare sign of legislative branch unity to their advantage by calling this important bill for a vote now when it would matter most.

James L. Martin is president of the 60 Plus Association, which represents 5 million seniors nationwide.

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How Congress is preventing a Medicare bankruptcy during COVID-19 | TheHill - The Hill