“On May 31, 3031, Avadim Health, Inc. along with several affiliates, which operate an Asheville, North Carolina-based privately held skincare and wellness company, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-10883). The company reports $10 million to $50 million in assets and $50 million to $100 million in liabilities.
On May 31, 2021, Houston, Texas-based OFS International, LLC, also known as OFSi, a privately held company which provides a full complement of services required to supply oil country tubular goods for the oil and gas industry, along with affiliates, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Case No. 21-31784).
On May 31, 2021, ALH Properties No. Fourteen, LP, owner and operator of the Embassy Suites Houston Downtown hotel in Houston, TX, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Case No. 21-31797). The company estimated $50 million to $100 million in assets and $10 million to $50 million in liabilities.
On May 30, 2021, Certa Dose, Inc, a New York-based pharmaceutical technology company that has developed a proprietary and patented method of delivering medicine to eliminate the risk of life-threatening overdoes, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case No. 21-11045).
On June 1, 2021, JDS Fourth Avenue LLC, a New York-based real estate development company, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-10888). The company estimated $1 million to $10 million in both assets and liabilities.
Earlier this month, judgments were handed down in the landlord challenges to two Company Voluntary Arrangements ("CVAs"), New Look and Regis. The challenge to the New Look CVA was unsuccessful, although permission to appeal to the Court of Appeal has been given. Whilst the Regis challenge lead to the revocation of the CVA, the majority of the landlords' arguments failed. These judgments provide important guidance on the use of landlord CVAs and their terms.
The English High Court has sanctioned the restructuring plans proposed by the Virgin Active group following a hearing contested by a group of the gym chain's landlords. The decision represents the first use of the restructuring plan procedure, introduced during the summer of 2020, to restructure a lease portfolio, demonstrating the utility of the tool for debtors when implementing a significant restructuring across the capital structure, and as an alternative to the much-used company voluntary arrangement.
On May 19, 2021, Hospitality Investors Trust Operating Partnership, L.P., a New York-based hotel industry real estate investment trust, severely impacted by the Covid-19 related travel drop-offs, along with affiliate Hospitality Investors Trust, Inc., filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the District of Delaware (Case No. 21-10830).
On May 14, 2021, Gateway Kensington LLC, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case No. 21-22274).
The Bankruptcy Court for the Northern District of Texas dismissed the National Rifle Association’s (“NRA”) bankruptcy case on May 11, finding that the case was not filed in good faith. In his opinion, Judge Harlin Hale found that there was cause for dismissal because the case was filed “to gain unfair litigation advantage and … to avoid a state regulatory scheme,” neither of which he considered to be a purpose intended or sanctioned by the Bankruptcy Code.