What We’re Reading This Week [November 10, 2021]
Whether—and in what circumstances—a debtor should pay creditors a make-whole premium continues to be litigated in bankruptcy courts. Last week, as reported by Bloomberg, Judge Dorsey (Delaware) ruled that the debtor – Mallinckrodt Plc – did not need to pay a make whole premium to first lien lenders in order to reinstate such obligations under the debtor’s chapter 11 plan. And in Hertz’s Delaware bankruptcy case, Judge Walrath heard oral argument on whether Hertz was obligated to pay noteholders post-petition interest and a make-whole premium when the plan paid down the bondholders’ claim and designated it as unimpaired, as reported by the Wall Street Journal.
G.E. announced this week that it will split into three companies, separating its healthcare, aviation and power divisions, as reported by the Wall Street Journal. The move follows several years of corporate and debt restructurings that G.E. has undertaken since the financial crisis and reflects how large conglomerates, such as G.E., have fallen out of favor with investors.
Economic news continues to focus on the supply chain issues, and the New York Times covers an important link in the chain: truck drivers. The current shortage in truck drivers is predicted to grow as more truckers retire. Potential solutions being discussed include relaxing restrictions against drivers under the age of 21 crossing state lines.
In litigation that is emblematic of the financial distress that the movie theatre business continues to experience, Cineplex sued its former suiter Cineworld in Canadian court when it walked away from a potential acquisition after the pandemic. Cineplex alleged that Cineworld got “buyer’s remorse” and the actions it took after the pandemic to cut costs should be considered “ordinary course” for the industry. A decision by the Ontario Superior Court of Justice is expected soon, according to The Canadian Press.
