Bankruptcy News

Cosi Plan Amendments Filed

Cosi filed with the U.S. Bankruptcy Court a notice of non-material amendments to the First Amended Joint Plan of Reorganization. The Court will hear a confirmation hearing on the Plan on April 25, 2017. The Debtors also filed a notice of amended and restated schedules of assumed contracts and assumed leases to reflect resolution of disputes regarding cure amounts.

Novation Companies Objection Filed

The U.S. Trustee assigned to Novation Companies' case filed with the U.S. Bankruptcy Court an objection to confirmation of the First Amended Joint Chapter 11 Plan of Reorganization of Novation Companies and Novastar Mortgage. The trustee asserts, "Debtors Novation Companies and Novstar Mortgage seek broad immunity from liability for an assortment of non-debtors, such as Novation's officers and directors, the Creditors' Committee, bankruptcy professionals, and the third-party seller of a business entity Novation intends to purchase. The Fourth Circuit has made clear that these types of immunity provisions are disfavored and are to be permitted only in the most extraordinary and unusual circumstances, none of which exist here. Here, the Plan is being used by the individuals responsible for authoring the Plan and others with influence in the authoring of the Plan to shield themselves from potential liability solely for their own personal benefit (an unabashedly improper use of such provisions and of a Chapter 11 Plan). Novation cannot satisfy the Fourth Circuit test for allowing these types of immunity provisions in a Chapter 11 Plan….Novation is incorrect that consent provides a stand-alone basis to permit the inclusion of these types of immunity provisions in a Chapter 11 Plan. Second, even if consent were sufficient to allow confirmation of a plan with such provisions, the procedure Novation proposes to "impute" alleged consent upon the affected parties is wholly inadequate to support any legitimate finding of the requisite consent. Indeed, the proposed procedure is designed more as a trap for the unwary than as a realistic means of demonstrating true consent. All of which again demonstrates that the true motivations at play are the personal protection of the Plan's individual authors."

Thornburg Mortgage M.O.R. Filed

Thornburg Mortgage's Chapter 11 trustee filed with the U.S. Bankruptcy Court a monthly operating report for March 2017. For the month, the Company reported a net loss of $29.7 million on $1,423 in net operating revenue (derived from mortgage servicing income) and paid $243,695 in legal and professional fees and $243,695 in total reorganizational expenses.

Constellation Enterprises M.O.R. Filed

Constellation Enterprises filed with the U.S. Bankruptcy Court a monthly operating report for the period of February 27, 2017 to March 31, 2017. For the period, the consolidated Debtors reported a net loss of $149.5 million on $49.7 million in net revenues. The Company paid $11.3 million in total operating expenses before depreciation. Cash at the beginning of the period was $4.7 million and $4.6 million at month's end, with a negative net cash flow of $5,797.

Energy Future Holdings M.O.R. Filed

Energy Future Holdings filed with the U.S. Bankruptcy Court a monthly operating report for January 2017. For the month, the Company reported an $7.3 million net loss on zero operating revenue. Beginning cash balance was $764 million and ending available cash was $697 million, with negative net cash flow of $67 million. Selling, general and administrative expenses were $933,000 with $2.2 million in net reorganization items during the month. The Company also reported $70 million in cash disbursements with $3 million in cash receipts during January 2017.

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