The podcast discusses Texas two-step bankruptcies and how they could be applied to Johnson & Johnson and Imerys Talc. It explores objections and rulings surrounding the bankruptcy maneuver, as well as the amended plan and third-party release changes. The podcast also covers Puerto Rico's Title III bankruptcy process and examines the concept of splitting operations and liabilities in a Texas two-step bankruptcy strategy. Additionally, it delves into the implications of indemnification obligations in this type of bankruptcy and the challenges of enforcing funding agreements for liability transfers.
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Quick takeaways
Texas two-step bankruptcies are being utilized in Johnson & Johnson and Imerys Talc cases
Judge ruled that Johnson & Johnson can proceed with divisional merger to spin off talc liabilities in bankruptcy
Intel set files amended plan with support from Jackson crossover group and aims to provide $7.125 billion in new debt
Deep dives
SVP parties attack Seidrill plan and sale process
The SVP parties in the Seidrill chapter 11 cases have objected to the debtor's proposed standalone single-silo restructuring and plan process, arguing that alternative bids for the debtor's assets were not considered in good faith. They also dispute the rationality of the debtor's proposed backstop plan and raise concerns about the debtors' disclosure statement not including terms of competing bids for the debtor's assets.
Judge denies preliminary injunction on Johnson & Johnson Texas 2-step bankruptcy
Judge Lori Silverstein denied an injunction to prevent Johnson & Johnson from undertaking a Texas Divisional merger to spin off its talc liabilities in a bankruptcy filing. She ruled that the asbestos claimants lacked standing to seek the injunction and concluded that the divisive merger does not violate the automatic stay. Johnson & Johnson continues to face legal challenges related to its talc liabilities.
Intel set files amended plan with support of Jackson crossover group
Intel set filed an amended plan with the support of the Jackson crossover group, which was initially opposing the debtor's previous plan. The amended plan is supported by almost 75% of the company's funded debt and aims to provide $7.125 billion in new debt. The plan allocates 96% of reorganized equity to unsecured creditors, while an ad hoc group of Intel set essay convertible note holders remains opposed to the plan.
Sackler third-party releases in Purdue bankruptcy questioned
After Judge Raines expressed concerns, the Purdue debtors filed a 10th amended plan that expands the scope of claims excluded from third-party shareholder releases. The Sackler family and their affiliates are seeking protection from civil lawsuits. The issues surrounding the third-party release are still being debated in court, and there are doubts about the release of wrongful conduct unrelated to the debtors' opioid products.
Promeso oversight board meets with Puerto Rican legislators to discuss bankruptcy
The Promeso oversight board and Puerto Rican legislators held a meeting to discuss the steps needed to complete the Commonwealth's Title III bankruptcy process. The meeting focused on the proposed Commonwealth plan of adjustment, which aims to reduce the debt load and provide upside for government finances. Various aspects, such as the Puerto Rico Electric Power Authority and public pensions, were also discussed.
On this week’s podcast the Americas Core Credit team discusses Texas two-step bankruptcies and how the liability management maneuver could be deployed in Johnson & Johnson and Imerys Talc.
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