October 26, 2020 – The Court hearing the J.C. Penney Company Inc. cases issued an order approving (i) the Debtors’ Disclosure Statement (conditionally), (ii) proposed Plan solicitation and voting procedures and (iii) a proposed timetable culminating in an November 14th Plan confirmation hearing [Docket No. 1655].  The Debtors also filed solicitation versions of their Plan…

October 26, 2020 – The Court hearing the Grupo Aeroméxico case has extended the periods during which the Debtors have an exclusive right to file a Chapter 11 Plan and solicit acceptances thereof, through and including February 25, 2021 and April 26, 2021, respectively [Docket No. 577]. Absent the requested relief, the exclusive periods are…

October 26, 2020 – Further to a September 17th bidding procedures order [Docket No. 164] and an October 13th auction [Docket No. 266], the Court hearing the KB US Holdings cases approved the $96.4mn sale of 30 of the Debtors' stores (the “Sale”) to ACME Markets, Inc. (the “Buyer”) [Docket No. 307]. The asset purchase…

October 26, 2020 – The Debtors' Official Committee of Unsecured Creditors (the “Committee”) objected to the Debtors' proposed $1.65bn of debtor-in-possession ("DIP") financing [Docket No. 1603] arguing that "the consensual priming DIP that the Debtors selected has serious flaws from the perspective of unsecured creditors."  Those flaws "impermissibly prefer" prepetition first and second lien holders…

October 26, 2020 – The Debtors notified the Court that their Fourth Amended Plan of Reorganization had become effective as of October 26, 2020 [Docket No. 1039]. The Court had previously confirmed the Debtors’ Plan on October 16, 2020 [Docket No. 977]. On May 19, 2020, Exide Holdings, Inc. and four affiliated Debtors (“Exide” or…

October 26, 2020 – Rubio's Restaurants, Inc. and three affiliated Debtors (dba "Rubio's Coastal Grill," “Rubio's” or the “Debtors”) filed for Chapter 11 protection with the U.S. Bankruptcy Court in the District of Delaware, lead case number 20-12688. The Debtors, operators and franchisors of approximately 170 limited service restaurants in California, Arizona and Nevada, are…

In a Form 8-K filed on October 26, 2020, Spirit AeroSystems Holdings, Inc. announced that it entered into an amendment to the definitive agreement between Spirit AeroSystems, Inc. and Spirit AeroSystems Global Holdings Limited (Spirit UK), wholly owned subsidiaries of the Company, and Bombardier Inc., Bombardier Aerospace UK Limited, Bombardier Finance Inc. and Bombardier Services…

On October 26, Peabody announced that Darren Yeates has been named Executive Vice President and Chief Operating Officer effective November 1, 2020. Darren will have responsibility for all aspects of the Company’s operations, including sales and marketing, technical services, health and safety and supply chain, according to the release. Darren has been a member of…