David Boies, a renowned attorney with a knack for high-profile cases, and David R. Jones, a former bankruptcy judge with deep expertise in bankruptcy law, dive into significant financial turmoil this week. They dissect Fisker’s chapter 11 filing and how it impacts the market. Hertz’s hefty $1 billion debt raise reveals the challenges facing rental car giants. The discussion also touches on the Invesco/Robertshaw ruling, shedding light on lender status concerns. Plus, Boies joining Jones' defense team adds another layer of intrigue to the legal landscape.
Fisker Inc.'s Chapter 11 filing aims to liquidate its fleet of 4,300 cars, reflecting challenges in pre-petition negotiations.
Rite Aid's restructuring plan is progressing through significant inventory sales and court approvals, yet faces legal and operational uncertainties.
Deep dives
Fisker Inc.'s Chapter 11 Liquidation
Fisker Inc. recently filed for Chapter 11 bankruptcy protection in Delaware, primarily aiming to liquidate its remaining inventory after unsuccessful pre-petition sale negotiations. The company is not pursuing new debt financing but secured interim cash collateral usage from secured parties to facilitate operations. A significant aspect of this case is the agreement with a vehicle leasing counterparty to sell Fisker's entire fleet of approximately 4,300 cars, which may aid in the liquidation process. Judge Thomas M. Horan's approval of this arrangement and the cash collateral use indicates judicial support for the company's path forward despite its precarious situation.
Rite Aid's Ongoing Restructuring Efforts
Rite Aid is pushing forward with its restructuring plan, which includes a significant sale of pharmaceutical inventory to Walgreens for $100 million in cash. This deal is critical as the company seeks to confirm its plan while managing various legal challenges related to opioid litigation and financial obligations. Judge Michael Kaplan's recent decisions have maintained the company's path to reorganize, allowing the plan to potentially alleviate more than $2 billion in debt. However, uncertainties remain, with Met Impact attempting to shift major liabilities back to Rite Aid, which could jeopardize the company's stability if not resolved favorably.
Challenges Faced by Veritas Technologies and CareStream Dental
Veritas Technologies is navigating complex negotiations with lenders after failing to reach an agreement on their restructuring strategy, proposing a significant debt pay-down alongside equity participation. The feedback from lenders indicates a desire for more favorable terms, including additional debt reduction and increased preferred equity offerings. Concurrently, CareStream Dental is preparing for potential restructuring due to stalled efforts to sell its software business, suggesting a need to equitize part of its debt for stabilizing its balance sheet. Both companies exemplify the intricate dynamics of restructuring where lender demands and market conditions significantly influence outcomes.
Last week’s highlights include Fisker’s chapter 11 filing, Hertz’s $1 billion debt raise, a ruling in the Invesco/Robertshaw dispute over “required lender” status and David Boies joining former bankruptcy judge David R. Jones’ defense team. And, as always, we provide a preview of what’s on tap for this week.
We’re taking a brief recess from our weekly interview segment this week but will be back next week with more premium content.
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