Court Hearings and Interviews Podcast

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

The excerpt below lists eligible equity security holders appointed to the official committee of equity security holders in the U.S. bankruptcy proceedings of Core Scientific Inc. et al.The excerpt is drawn from the document filed as docket number 724 in Core Scientific Inc.'s U.S. bankruptcy proceedings. For the complete text of this document and more documents filed in the case, there is a free docket available at https://www.cases.stretto.com/CoreScientific. Note: The free docket does not seem to be consistently accessible with a VPN on, so trying to access with VPN on may result in an error message that goes away if the VPN is switched off.)IN THE UNITED STATES BANKRUPTCY COURT FOR THE SOUTHERN DISTRICT OF TEXAS HOUSTON DIVISIONIn re: CORE SCIENTIFIC, INC., et al. Chapter 11 Case No. 22-90341NOTICE OF APPOINTMENT OF OFFICIAL COMMITTEE OF EQUITY SECURITY HOLDERSTO THE HONORABLE DAVID R. JONES, UNITED STATES BANKRUPTCY JUDGE:COMES NOW the United States Trustee, pursuant to § 1102(a) and 1102(b)(2) of the Bankruptcy Code, and hereby appoints the following eligible equity security holders to the official committee of equity security holders in the above captioned case:1 Rudolph Family Trust c/o Lawrence Rudolph Trustee 613 Canyon Greens Dr. Las Vegas, NV 89144 310-909-9745 [email protected] Douglas S. Wall 4233 Versailles Ave. Dallas, TX 75205 214-662-9255 [email protected] Brent Berge 6718 E. Rovey Ave. Paradise Valley, AZ 85253 602-430-3673 [email protected] Foundry Digital LLC Attn: Ryan Boyle 1100 Pittsford Victor Rd. Pittsford, NY 14534 646-465-4195 [email protected] RBH Holdings, LLC c/o Randall B. Hale 3737 Buffalo Speedway, Ste. 1800 Houston, TX 77098 713-304-8262 [email protected] Aaron Baker 2895 W. Capovilla Ave., #140 Las Vegas, NV 89119 702-830-1741 [email protected] Janice J. Kelly c/o Dee J. Kelly, Jr. 201 Main St., Ste, 2500 Fort Worth, TX 76102 817-332-2500 [email protected] of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

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Here is a link to the amended agenda for the hearing: amended agenda filed day of hearing.At issue before the court during the March 1, 2023 hearing, according to the amended agenda were:Ad Hoc Noteholder Group’s Emergency Motion to Adjourn Hearing on Motion of the Ad Hoc Group of Equity Holders of Core Scientific for Entry of an Order Directing the Appointment of an Official Committee of Equity Security Holders (ECF No. 569)Motion of the Ad Hoc Group of Equity Holders of Core Scientific for Entry of an Order Directing the Appointment of an Official Committee of Equity Security Holders (ECF No. 458)Emergency Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Obtain Replacement Senior Secured Non-Priming Superiority Postpetition Financing, (B) Use Cash Collateral, and (C) Pay Off Existing Postpetition Financing Facility, (II) Granting Liens and Providing Claims with Superpriority Administrative Expense Status, (III) Granting Adequate Protection to the Prepetition Secured Parties, (IV) Modifying the Automatic Stay, (V) Scheduling a Final Hearing, and (VI) Granting Related Relief (ECF No. 389)Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Here is a link to the amended agenda for the hearing: amended agenda filed day of hearing.At the outset of the hearing the parties updated the judge on the story of the events leading up to the bankruptcy filing, which his honor appreciated, and people listening to this recording might as well because people tend to enjoy bankruptcy origin stories. Sometimes parties re-tell the story out of concern the judge is being misled by the lawyers who are appearing before the judge on a regular basis, telling the story. It depends on the case and who is winning and who is losing from the bankrupt companies’ version of events and the way a case is being administered.At issue before the court during the February 1, 2023 hearing, according to the amended agenda were:Emergency Motion of Debtors for Entry of an Order (I) Authorizing the Sale of Bitmain Coupons, Free and Clear of All Liens, Claims, Interests, and Encumbrances and (II) Granting Related Relief (ECF No. 346)Emergency Motion of Debtors for Entry of Interim and Final Orders (I) Authorizing the Debtors to (A) Obtain Replacement Senior Secured Non-Priming Superiority Postpetition Financing, (B) Use Cash Collateral, and (C) Pay Off Existing Postpetition Financing Facility, (II) Granting Liens and Providing Claims with Superpriority Administrative Expense Status, (III) Granting Adequate Protection to the Prepetition Secured Parties, (IV) Modifying the Automatic Stay, (V) Scheduling a Final Hearing, and (VI) Granting Related Relief (ECF No. 389)Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Here is a link to the amended agenda for the hearing: Amended Agenda.At issue before the court was the Core Scientific, Inc. Debtors' Emergency Motion for Entry of an Order Authorizing Rejection of Executory Contracts with Celsius Mining, LLC (ECF No. 189)Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

There is also video of the oral argument, available on the website of the U.S. Court of Appeals for the Third Circuit through this link: https://www.ca3.uscourts.gov/oral-argument-recordings-video. (The link to the video of the oral argument corresponds with the case numbers for the appeal: 22-2003, 22-2004, 22-2005, 22-2006, 22-2007, 22-2008, 22-2009, 22-2010, and 22-2011.)The outcome of the appeal, following oral argument, was dismissal of the bankruptcy cases filed by Johnson & Johnson to protect J & J from mass tort liability alleged to arise from use of its talc. Here is a link to the ruling, explaining the court’s reasoning: U.S. Court of Appeals ruling.The court’s outlook at oral argument was different from that of the U.S. Court of Appeals for the Second Circuit in the Purdue Pharma appeal, concerning whether members of the Sackler family could limit their liability for opioid deaths. The Second Circuit seemed more receptive to use of bankruptcy by a company like Purdue Pharma, which is not financially distressed, and seeks to protect members of the private owner family from personal liability. The Purdue Pharma appeal remains under advisement as of the time of the making of this Substack post. Here is a link to audio of the Purdue Pharma oral argument: Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Including discussion of the “wallet motion.”For more information about the upcoming BlockFi auction, below is a link to the Notice of Auction for the BlockFi auction scheduled to take place February 28, 2023, at 2:30 p.m., prevailing Eastern Time, at the offices of Moelis & Company LLC, 399 Park Avenue, 4th Floor, New York, NY 10022:Notice of AuctionCenter of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

On April 29. 2022, the United States Court of Appeals for the Second Circuit held an oral argument during which Purdue Pharma bankruptcy estate attorneys tried to persuade the court of appeals it is in keeping with existing law and appropriate to release members of the Sackler family of liability in exchange for their contribution of some of the billions of dollars they or associates took out of the company. To accomplish the release for the individuals, the court of appeals would probably need to reverse the decision on appeal handed down by the United States District Court for the Southern District of New York denying release from liability in exchange for money. Usually District Court rulings in civil cases are affirmed, more often than they are reversed. Regardless of how the appeal comes out, and while the appeal is pending, members of the Sackler family concerned about their liability remain free to file individual bankruptcy cases in order to try to settle liability and be released individually. Apart from lawyers for Purdue Pharma's estate arguing for releasing the individuals without the need for the individuals to file their own bankruptcy cases, there were other attorneys arguing for release of the Sacklers as well, at the argument to the court of appeals. Attorneys from the DOJ were outnumbered and argued passionately against the civil releases on behalf of the US government. Criminal liability was not at issue in the bankruptcy appeal but of course a lot of people in the courtroom would have been thinking about that in connection with the opioid crisis as well as thinking about congressional intervention. The judges asked a lot of questions. I am sure there are people more knowledgeable than I am about this situation. Based on what I have read in court filings in the Purdue Pharma bankruptcy and in the news about the chapter 11 bankruptcy cases, I wish the bankruptcy cases would never have been brought or would have been dismissed. They seem like a cynical way to try to force settlements with states attorneys general who were not amenable to settling with Purdue Pharma, and others, and delay paying out victims. That is just my personal opinion. As the bankruptcy of the various Purdue Pharma companies has been pending for several years and stopping lawsuits from going forward, and a ruling is anticipated to be handed down by the court of appeals at some point, I thought it would be helpful to post the publicly available oral argument audio on YouTube for those who may be interested in hearing the oral argument recording who have not come across it before or wish to listen to it again. I am posting it on Substack as well. Let’s hope for the best outcome.Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe

Center of Main Interests is a reader-supported publication. To receive new posts and support my work, consider becoming a free or paid subscriber. Get full access to Center of Main Interests at tallymindywiener.substack.com/subscribe