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By John Brooke 25 Apr, 2024
The Roman Catholic Diocese of Rockville Centre, New Yorkhas asked a judge to end its Chapter 11 bankruptcy, after failing to get support from about 530 sex abuse survivors on a proposed $200 million settlement of their claims against the diocese.

"The Diocese sincerely hoped that its offer of $200 million—in addition to very substantial insurance assets—would be accepted by the creditors," the diocese wrote in a motion to dismiss filed in U.S. bankruptcy court in Manhattan.
James Stang, an attorney representing abuse survivors in the bankruptcy, said that the diocese's failure to reach a deal was "unprecedented."
In other Catholic bankruptcies, abuse survivors were allowed to propose their own bankruptcy settlement instead of being offered a binary choice between the diocese's plan or nothing, Stang said.

The diocese filed for Chapter 11 bankruptcy in New York in October 2020, citing the cost of lawsuits filed by childhood victims of clergy sexual abuse. New York's Child Victims Act, which took effect in August 2020, temporarily enabled victims of child sexual abuse to file lawsuits over decades-old crimes.

U.S. Bankruptcy Judge Martin Glenn is scheduled to hear the diocese's request to dismiss its case on May 9.
Glenn warned last year that he would dismiss the case if settlement talks continued to stagnate, but he said he was not eager to be the first judge to kick a Catholic diocese out of bankruptcy.

Talks broke down in part over the diocese's plan to protect all of its parishes and local affiliates from lawsuits as part of the bankruptcy settlement. Abuse survivors said those local organizations had not contributed enough money to the settlement to warrant the legal protections they would have received.

Stang said on Monday that a bankruptcy settlement could still be reached if the diocese makes its proposal more attractive to abuse survivors. Survivors might be more inclined to vote for a deal with better economics or non-monetary concessions, like an apology and pledge to protect children from abuse in the future.

"We think the parishes can afford to pay much more and still maintain their religious mission," Stang said.
The diocese said that it had spent over $106 million on attorneys and other bankruptcy professionals since filing for Chapter 11, including $33 million to the attorneys representing abuse survivors.

If the bankruptcy is dismissed, abuse survivors would be free to continue their lawsuits against the diocese in New York state courts.
Richard Tollner, who chaired the official committee representing abuse survivors in the bankruptcy, said that the dismissal would send a strong message to other debtors who are "using bankruptcy to avoid accountability before state court juries."

"If your plan does not have the support of the survivors' creditors' committee, your reorganization plan will fail," Tollner said in a statement.

In re The Roman Catholic Diocese of Rockville Centre, New York, U.S. Bankruptcy Court for the Southern District of New York, No. 20-12345.

Story credited from Reuters.com
By John Brooke 25 Apr, 2024

Beleaguered seafood chain Red Lobster is seeking a buyer as it looks to avoid filing for bankruptcy.

The company has considered filing for bankruptcy to help it restructure its debt and get out of a number of costly and lengthy leases, but it’s also sought a buyer in recent months, people familiar with the matter told CNBC.

At least one firm had been interested in buying the chain, but a deal never came to fruition.

It’s unclear how the chain will ultimately resolve its financial woes. Red Lobster could secure a buyer, it could declare bankruptcy or its lenders could take control of the company.

Even if Red Lobster finds a buyer, it would be hard for it to avoid filing for Chapter 11 as it is trying to get out of many leases and those contracts can be difficult to break outside of bankruptcy, the people said.  Bloomberg first reported that Red Lobster was mulling a Chapter 11 filing last week. 

For the past decade amidst ownership changes, Red Lobster has taken on debt and entered into a number of long-term leases across its 700-plus locations, which have weighed on its balance sheet.

The broader casual-dining segment has struggled for roughly two decades in competition with fast-casual chains like Panera Bread and Chipotle Mexican Grill. The pandemic exacerbated the issue, particularly hurting full-service restaurants like Red Lobster.

The seafood chain has also struggled from some self-inflicted wounds, most notably its disastrous “endless shrimp” promotion. Last year, it changed the offer from once a week to daily to boost slower sales in the second half of the year.

But the offer juiced business too much as diners sought cheap deals, pressuring Red Lobster’s bottom line. As a result, Red Lobster reported $11 million in losses in the fiscal third quarter and $12.5 million in losses the following quarter.


Story credited from CNBC.com

By John Brooke 22 Feb, 2024

The Supreme Court cleared the way on Thursday for a $2.4 billion plan to settle sex abuse lawsuits against the Boy Scouts of America to go forward. The court’s brief, unsigned order gave no reasons, which is typical for emergency applications. There were no public dissents.

The Boy Scouts settlement involves more than 82,000 claims of childhood sexual abuse, with more than 86 percent of victims in the case backing the deal.

However, the group who asked the Supreme Court to intervene objected to the use of the mechanism, which protected from liability third parties like churches involved in scouting, local councils and insurers.

The outcome in the Boy Scouts case had been closely watched as a possible clue of where the justices might lean in the Purdue Pharma bankruptcy settlement. During oral arguments in December, the justices appeared divided, and a decision in that case is expected by the end of the court’s term, likely in late June.

The victims’ group, in asking the court to step in, argued that if the settlement were allowed to proceed, sexual abuse victims “will lose their right to pursue their claims independently of the bankruptcy settlement trust.”

The Boy Scouts had argued that the settlement should continue as planned, warning that if the justices blocked the deal, it would “threaten to throw the scouting program into chaos.”

The challengers represented “a tiny fraction” of the victims involved in the deal, the Boy Scouts said.

After Justice Samuel A. Alito Jr. temporarily paused the settlement earlier this month, the bankruptcy judge overseeing the case suspended work on the deal, which has already paid about $8 million to several thousand victims.

On Thursday, after the court announced its decision, the trust handling the settlement said it had “resumed all operations, including processing and paying claims.”


Article originally taken from NYT online. 


By John Brooke 21 Dec, 2023

Rudy Giuliani filed for bankruptcy in New York after being ordered to pay $148 million in damages to two Georgia election workers.

The former New York Mayor has also listed more than $500 million in debt while racking up millions in legal fees.

The attorney who led the effort to overturn the 2020 election has been swamped my mounting legal issues.

Last Friday, he was put on the precipice of financial ruin when a jury awarded $148 million in damages to Ruby Freeman and Shaye Moss for claiming they tried to rig the vote for Joe Biden.

In August he admitted having 'financial problems' as he battled multiple court cases and said he didn't have enough money to defend himself.

In the filing, Giuliani said he had between $100 million and $500 million in liabilities and $1 million to $10 million in assets.

Giuliani said he owed $148 million to Ruby Freeman and Wandrea Moss, the two former Georgia election workers.

The filing also listed President Joe Biden's son, Hunter Biden, as a creditor, without specifying the amount Giuliani owed him. Hunter Biden in September sued Giuliani for violating his privacy over data allegedly taken from his laptop.

Giuliani listed the Internal Revenue Service and New York State Department of Taxation and finance among his creditors.

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