On June 7, 2021, Katerra Inc., a Scottsdale, AZ-based “technology-enabled construction company,” filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of Texas (Case No. 21-31861) along with several affiliates. The company estimates $500 million to $1 billion in assets and $1 billion to $10 billion in liabilities.
This week’s TGIF looks at the decision of the Federal Court of Australia in Kellendonk v State of Western Australia, in the matter of Jasienska-Dudek (a Bankrupt) [2021] FCA 418, where former mortgagees satisfied the Court that property disclaimed by the bankruptcy trustee should vest in them on the basis of a prior dealing between themselves and the bankrupt.
Key takeaways
On May 31, 2021, Kumtor Gold Company CSJC, a Kyrgyz Republic-based operator of the Kumtor mine located in the Kyrgyz Republic, along with Kumtor Operating Company CSJC, filed a petition under Chapter 11 of the Bankruptcy Code in the Bankruptcy Court for the Southern District of New York (Case No. 21-11051). The company estimated $1 billion to $10 billion in assets and $100 million to $500 million in liabilities.
“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.
This week’s TGIF considers David Djordjevich v Richard Trygve Rohrt in his capacity as liquidator of ACN 091 518 302 Pty Ltd (in liq) ACN 091 518 302 [2021] VSC 178, a Victorian Supreme Court decision that focuses on the circumstances in which a court will order an inquiry into the conduct of a liquidator and the interests that such an inquiry is intended to serve.
Key takeaways
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).