June 2, 2023 – The Court hearing the Diebold Holding Company cases issued an order authorizing the Debtors to (i) access $517.0mn of new money debtor-in-possession ("DIP") financing and (ii) use cash collateral [Docket No. 90, with DIP Credit Agreement attached at Exhibit 1]. The current new money DIP financing is part of a $1.25bn…

June 1, 2023 – Further to a May 2nd bidding procedures order and an auction held on May 31st, the Debtors notified the Court that they had selected a pair of successful bidders in respect of two asset groupings [Docket No. 290]: Midwest Catalog Brands, LLC (“Midwest Catalog,” an affiliate of direct marketing giant Colony…

June 1, 2023 – Genesis Care Pty Ltd and 53 affiliated debtors (together “Genesis Care*” or the “Debtors”) filed for Chapter 11 protection with the U.S. Bankruptcy Court in the Southern District of Texas, lead case No. 23-90614 (Judge David R. Jones). The Debtors, "a leading integrated cancer care provider in the United States, Australia,…

May 31, 2023 – Diebold Holding Company, LLC and nine affiliated debtors (NYSE: DBD; together, “Diebold Nixdorf” or the “Debtors”) filed for Chapter 11 protection (on a "prepackaged" basis, with solicitation beginning on May 30th) with the U.S. Bankruptcy Court in the Southern District of Texas, lead case No. 23-90602 (Judge TBD). The Debtors* are…

May 23, 2023 – The Court hearing the Bighorn Restaurant cases issued an order: (i) approving bidding procedures in relation to the sale of the substantially all of the Debtors’ assets, (ii) authorizing the Debtors to select one or more stalking horse bidders, (iii) authorizing the Debtors to offer bid protections to any selected stalking…

May 24, 2023 – Plastiq Inc. and two affiliated debtors (together “Plastiq” or the “Debtors”) filed for Chapter 11 protection with the U.S. Bankruptcy Court in the District of Delaware, lead case No. 23-10671 (Judge Brendan Linehan Shannon). The Debtors, who "provide a leading software platform for business-to-business payment automation," are represented by Matthew B….

May 24, 2023 – QualTek Services Inc. and 17 affiliated debtors (NASDAQ: QTEK; together “QualTek*” or the “Debtors”) filed for Chapter 11 protection with the U.S. Bankruptcy Court in the Southern District of Texas, lead case No. 23-90584 (Judge Christopher M. Lopez). The Blue Bell, PA- based Debtors, "a leading infrastructure services provider," are represented…

May 22, 2023 – The Court hearing the Nielsen & Bainbridge cases issued an order authorizing the Debtors to amend their existing debtor-in-possession (“DIP”) financing arrangements to increase new money borrowings by $6.3mn, with the further DIP borrowings comprised of: (i) an additional $1.7mn of new money borrowing headroom under the DIP financing facility generally…

Athersys, Inc (NASDAQ: ATHX) announced (with 8-K here) it has reached an agreement with a supplier critical to "the scale-up and manufacturing of clinical and commercial grade MultiStem® using Athersys’ bioreactor production processes." Further to the agreement, Athersys will pay the supplier $11.8mn in monthly cash payments of $250,000 each, beginning October 2023 and will…

May 23, 2023 – Benefytt Technologies Inc. and 17 affiliated debtors (together “Benefytt” or the “Debtors”) filed for Chapter 11 protection with the U.S. Bankruptcy Court in the Southern District of Texas, lead case No. 23-90566 (Judge Christopher M. Lopez). The Debtors, "a health insurance technology company that develops and operates Medicare and private health…