Bankruptcy & Restructuring News Headlines for Friday May 5, 2023

Here's what we are reading this morning:

Rising Chapter 11 Bankruptcies in Healthcare | Holland & Knight LLP : Holland & Knight finance and restructuring attorney Tyler Layne is joined by Clare Moylan and Jim Davis from Gibbins Advisors, a healthcare firm providing restructuring, turnaround and other financial advisory services, to discuss the increase of Chapter 11 bankruptcies in the healthcare industry.

J.C. Penney profits tumbled last year, as sales edged down | Retail Dive: The department store’s investments are hitting its bottom line, but could fuel its comeback, according to owner Simon Property Group’s CEO.

The MOAC Decision: Implications for DIP Lenders, Not Just for Asset Purchasers | Polsinelli : The Supreme Court’s April 19, 2023, decision in MOAC Mall Holdings, LLC v. Transform Holdco, LLC, 598 U.S.­­­___, ___S. Ct.___, 2023 WL 2992693 (April 19, 2023) resolved an existing circuit split by holding that section 363(m) of Title 11 of the United States Code is not “jurisdictional.”

Federal Reserve’s report on the Silicon Valley Bank failure calls for a more assertive supervision program and potential reversal of regulatory tailoring – key takeaways | DLA Piper: While the report is highly critical of SVB management, it pulls no punches with respect to Federal Reserve supervision and suggests more assertive bank supervision and further reversal of supervisory or regulatory “tailoring” going forward.

PacWest and Western Alliance Rush to Reassure Investors as Shares Plunge - The New York Times: PacWest said it had been approached by potential “partners and investors.” Western Alliance denied a report it was seeking a sale.

Lordstown Motors expects to end production of Endurance EV pickup: The comments come three days after the company said it may go bankrupt if a previously announced deal with contract manufacturer Foxconn falls through.

Cash-strapped Lordstown may tap the brakes on Endurance production | Reuters: Lordstown Motors on Thursday reported a steep fall in its cash reserves and warned it might have to stop making its Endurance electric pickup truck in the near future unless it finds a partner.

Bed Bath & Beyond Spinoff Christmas Tree Shops Prepares Bankruptcy Filing: Christmas Tree Shops, the discount home-goods chain spun out by Bed Bath & Beyond in 2020, is preparing to file for bankruptcy as early as this weekend, according to people familiar with the matter.

The Block: Voyager could distribute cash and crypto credits within 'weeks': Bankrupt lender Voyager Digital could start distributing cash and crypto to creditors “within the next few weeks,” according to the Official Committee of Unsecured Creditors in the troubled crypto lender’s bankruptcy case.

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