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May 13, 2020 – GACP Finance Co., LLC, as debtor-in-possession ("DIP") FILO lender ("GACP" or the “DIP FILO Lender”), filed a motion asking the Court to enforce its  December 12, 2019 final DIP order and thereby protect the "rapidly disappearing" collateral supporting $90.0mn in DIP financing GACP has furnished to the Debtors; including by blocking…

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April 22, 2020 – Citing lack of continued funding under a now defaulted debtor-in-possession (“DIP”) facility and debtor mismanagement, creditor CONSOL Energy Inc., (“CONSOL”) has filed a motion seeking conversion of the Debtors’ Chapter 11 cases to cases under Chapter 7 or in the alternative, the appointment of a Chapter 11 Trustee [Docket No. 1318]. …

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May 13, 2020 – The Debtors' Official Committee of Unsecured Creditors (the “Committee”) objected to the Debtors' most recent motion to extend their exclusive Plan filing and solicitation periods, arguing that absent "sufficient funds to satisfy all administrative and priority claims," the Debtors do not have a confirmable Plan, and therefore no need for (or…

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May 13, 2020 – The Court hearing the Stage Stores cases issued an interim order that allows the Debtors to "immediately" begin their store closing process [Docket No. 144].  The order reads in part: "The Debtors are authorized…to immediately conduct the Store Closing Sales at the Closing Locations in accordance with this Interim Order, the…

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May 14, 2020 – Intelsat S.A. and 34 affiliated Debtors (NYSE: I; “Intelsat” or the “Debtors”) filed for Chapter 11 protection with the U.S. Bankruptcy Court in the Eastern District of Virginia, lead case number 20-32299. The Debtors, one of the world’s largest satellite services businesses, are represented by Michael A. Condyles of Kutak Rock…

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May 11, 2020 – Prepetition lender PNC Bank, National Association objected to the Debtors’ proposed Key Employee Retention Plan (the "KERP") and Key Employee Incentive Plan (the "KEIP”) arguing that (i) the proposed $4.0mn of payments "are excessive and unnecessary" in respect of Debtors (and their management) who are projecting a $20.0mn liquidity shortfall as…

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May 11, 2020 – The Debtors filed a motion requesting Court authority (i) to “close stores and begin wind-down operations” and (ii) to continue an existing relationship with Gordon Brothers Retail Partners, LLC ("Gordon Brothers" or "Consultant") further to which Gordon Brothers will manage the store closing process [Docket No. 27]. The Debtors are seeking…

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May 11, 2020 – The Court hearing the Pace Industries cases denied a motion filed by minority investor Macquarie Septa (US) I, LLC ("Macquarie") seeking a dismissal of several of the Debtors’ Chapter 11 cases [Docket No. 173]. Macquarie had argued that, absent its consent, the Debtors did not have the requisite corporate authority to…

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May 11, 2020 – The Court hearing the Pioneer Energy Services Corp cases confirmed the Debtors' Prepackaged Chapter 11 Plan of Reorganization [Docket No. 331]. On March 1, 2020, Pioneer Energy Services Corp. and nine affiliated Debtors (until a September 2019 delisting NYSE: PES; “Pioneer” or the “Debtors”) filed for Chapter 11 protection with the…