International Bankruptcy, Restructuring, True Crime and Appeals - Court Audio Recording Podcast

Harrington v. Purdue Pharma L.P.Docket Number: 23-124Date Argued: 12/04/23

For news about this oral argument to the US Court of Appeals for the Third Circuit, see https://reorg.com/ftx-examiner-appointment-appeal/.Third Circuit Hears Argument in FTX Examiner Appointment Appeal; Parties Spar Over Whether Statute Is Mandatory, Sullivan & Cromwell Potential Conflicts of InterestWed 11/08/2023 18:48 PMA three-judge panel of the U.S. Court of Appeals for the Third Circuit heard oral argument today in the appeal in the FTX Group cases by the Office of the U.S. Trustee of a bankruptcy court order denying its motion for the appointment of an examiner. The panel, consisting of Judges Luis Felipe Restrepo, Stephanos Bibas and Anthony Joseph Scirica, took the appeal under advisement without indicating the timing of their decision. The FTX Group debtors are seeking to confirm a plan in June 2024 and targeting a July 2024 effective date.The appeal was certified by U.S. District Judge Colm Connolly in the absence of controlling precedent regarding whether the appointment of an examiner is mandatory if the debt threshold in section 1104(c)(2) of the Bankruptcy Code is met. The statute provides that a bankruptcy court “shall” appoint an examiner to investigate the debtor “as is appropriate” if the UST or a party makes such a request and the debtors’ fixed, liquidated, general unsecured debts exceed $5 million. The UST’s mandatory interpretation of the statute is challenged by the FTX group debtors and the official committee of unsecured creditors, which argue that the appointment of an examiner is discretionary.Bankruptcy Judge John Dorsey found that he had discretion to deny the UST’s request for an examiner, citing to the “as is appropriate” phrase in the statute as the operative language. He decided that appointing an examiner would result in substantial costs and duplicate the parallel FTX investigations by the debtors, the UCC, federal prosecutors, regulators and Congress and thus denied the request...[for more see https://reorg.com/ftx-examiner-appointment-appeal/]

For news coverage of this argument, see https://www.politico.com/news/2023/11/20/trump-gag-order-appeal-argument-00128093TRUMP INDICTMENT‘A careful scalpel’: Appeals court signals it will cut back on Trump’s federal gag orderA three-judge panel consisting of all Democratic appointees suggested the gag order may have gone too far in restricting Trump’s speech.By JOSH GERSTEIN and KYLE CHENEY11/20/2023 01:42 PM ESTA federal appeals court panel appeared poised to significantly narrow a gag order imposed against Donald Trump by the judge presiding over his Washington, D.C. criminal trial.The three-judge D.C. Circuit Court of Appeals panel raised concerns that the order — which bars Trump from targeting witnesses, prosecutors and courthouse staff in the criminal case related to his effort to subvert the 2020 election — created murky restrictions that stifled the former president’s right to push back against his detractors, particularly in the heat of a presidential campaign....[for the rest of the article, see https://www.politico.com/news/2023/11/20/trump-gag-order-appeal-argument-00128093]

This is the oral argument leading up to the court ruling re Trump presidential immunity handed down on December 1, 2023. For news about the ruling see article below:D.C. Appeals Court Rules Trump Can Be Sued for Inciting Jan. 6 AttackKatherine PompilioFriday, December 1, 2023, 11:07 AMIn Blassingame, the court found that Trump is not protected under absolute immunity from civil claims for damages incurred during the Jan. 6 riot.On Dec. 1, a three judge panel for the D.C. Circuit ruled in Blassingame v. Trump that former President Donald Trump can be sued for civil damages for inciting the Jan. 6 attack on the U.S. Capitol. The court ruled that Trump is not protected by presidential “absolute immunity from civil damages claims predicated on his official acts” as established in Nixon v. Fitzgerald.According to the panel, Trump cannot enjoy this immunity because his actions as alleged by the plaintiffs leading up to and on Jan. 6, 2021—including conspiring with allies to “obtain a second term despite his defeat in the 2020”—were not part of his official presidential duties, and therefore are not protected under absolute immunity.Writing for the court, Chief Judge Sri Srinivasan asserted that, “When a first-term President opts to seek a second term, his campaign to win re-election is not an official presidential act.”You can read the opinion here or below:https://www.lawfaremedia.org/article/d.c.-appeals-court-rules-trump-can-be-sued-for-inciting-jan.-6-attack

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Sorry about the sound... the audio recording is the official court audio and was posted this way to the court's docket.For other filings on the court's docket and more other information about the chapter 11 bankruptcy proceedings, see: https://dm.epiq11.com/case/yellowcorporation/info

Sorry about the sound... the audio recording is the official court audio and was posted this way to the court's docket.For other filings on the court's docket and more other information about the chapter 11 bankruptcy proceedings, see: https://dm.epiq11.com/case/yellowcorporation/info

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Appeals panel questions why 'presidential immunity' argument wasn't pursued years ago in Trump caseStory by By LARRY NEUMEISTER, Associated Press10-23-2023NEW YORK (AP) — A federal appeals panel wants to know why lawyers for former President Donald Trump didn’t try years ago to use a claim of absolute presidential immunity to shield him from a defamation lawsuit by a woman who accused him of sexual assault.A three-judge panel of the 2nd U.S. Circuit Court of Appeals in Manhattan listened Monday as a lawyer for Trump argued that a lower-court judge was wrong to reject the defense after it was raised three years after columnist E. Jean Carroll first sued Trump....continued: https://www.msn.com/en-us/news/us/appeals-panel-questions-why-presidential-immunity-argument-wasnt-pursued-years-ago-in-trump-case/ar-AA1iIQvd

For more information about the chapter 11 debtors' bankruptcy cases see: https://cases.stretto.com/primawawona/The chapter 11 case numbers/debtors, according to that website are:23-11721MVK FarmCo LLC23-11722MVK Intermediate Holdings LLC23-11723Wawona Packing Co. LLC23-11724Wawona Farm Co. LLC23-11725Gerawan Supply, Inc.23-11726Gerawan Farming LLC23-11727Gerawan Farming Services LLC23-11728GFP LLC

emergency discovery motion

official hearing audio

For more information, see press release -MCDERMOTT ANNOUNCES TRANSACTION SUPPORT AGREEMENT WITH KEY FINANCIAL STAKEHOLDERS....Reaches Transaction Support Agreement with More Than 75% of Secured Letter of Credit Facility Providers, Funded Debt Creditors and Equity HoldersReceives $250 Million in New CapitalThe Agreement Extends Company's Loans and Letter of Credit Facilities Three Years, Until Mid-2027Company to Continue All OperationsNo Impairment to Vendors, Projects, or CustomersTo Implement the TSA and to Discharge Legal Claims Related to Prior Projects, Intends to Commence Parallel In-Court Proceedings in the Netherlands and UK for Select Non-U.S. McDermott EntitiesHOUSTON, Sept. 8, 2023 /PRNewswire/ -- McDermott International, Ltd ("McDermott" or the "Company") today announced that it has entered into a transaction support agreement ("TSA" or the "Agreement") with more than 75%, in aggregate, of its secured letter of credit ("LC") providers, funded debt creditors and equity holders to initiate a financial restructuring process to strengthen its capital structure, enhance its liquidity position, and further position the Company for long-term success. Additionally, the Company has received $250 million in new capital from a group of its existing equity holders, which will support its ability to operate its business, deliver on existing projects and expand backlog with new client projects.Under the terms of the Agreement, McDermott will amend and extend its term loans and LC facilities for three years, through mid-2027 with no change in pricing, increase the company's liquidity, and discharge certain legacy legal liabilities. To implement the Agreement, McDermott International Holdings B.V. and Lealand Finance Company B.V. will initiate procedures in the Netherlands under the Dutch Act on Confirmation of Extrajudicial Plans (Wet Homologatie Onderhands Akkoord or "WHOA"). CB&I UK Limited will initiate a Restructuring Plan under Part 26A of the Companies Act 2006 (UK) in England.McDermott International Holdings B.V., Lealand Finance Company B.V., and CB&I UK Limited are the only McDermott entities named in these proceedings. Following the completion of the Netherlands and UK processes, McDermott will make a voluntary filing in the United States to secure legal recognition of the international court decisions. The Company expects to continue all current customer agreements, projects, and vendor commitments throughout these processes. McDermott currently expects to complete the processes no later than early 2024."Over the past 24 months, our executive leadership has made transformative progress in resetting and implementing our business strategy by leveraging the strength of our operating business and tailoring our approach to our core clients," said Michael McKelvy, President & CEO of McDermott. "We are pleased to have reached this agreement with our key stakeholders, which demonstrates their confidence in the long-term strength and sustainability of our business. These proactive steps ensure that McDermott is strongly positioned to deliver on our growing number of client projects as we continue our important work of accelerating the energy transition in our industry."The Company has also completed actions to strengthen its world-leading storage business, CB&I Storage Solutions. CB&I Storage Solutions will have dedicated working capital and an independent LC facility separate from the McDermott LC facilities....For more see: https://finance.yahoo.com/news/mcdermott-announces-transaction-support-agreement-152000100.html

hearing starts approximately one minute into the recording

The hearing starts approximately 2 minutes and 20 seconds into the recording. Sorry about the sound... the audio recording is the official court audio and was posted this way to the court's docket.For other filings on the court's docket and more other information about the chapter 11 bankruptcy proceedings, see: https://dm.epiq11.com/case/yellowcorporation/info

For more information about the bankruptcy proceedings see https://restructuring.ra.kroll.com/RiteAid/

publicly available hearing audio

Per https://www.scotusblog.com/case-files/cases/acheson-hotels-llc-v-laufer/:Issue [is]: Whether a self-appointed Americans with Disabilities Act “tester” has Article III standing to challenge a place of public accommodation’s failure to provide disability accessibility information on its website, even if she lacks any intention of visiting that place of public accommodation.

For more information about the bankruptcy cases of iCap and affiliated debtors see https://investorlawyers.org/icap-investor-alert/. According to that website some of the iCap bankrupt companies were previously known as Altius Development, and this is a list of the iCap affiliated entities that filed for Chapter 11 bankruptcy:725 Broadway, LLCiCap @ UW, LLCiCap Broadway LLCiCap Campbell Way LLCiCap Enterprises, Inc.iCap Equity LLCiCap Funding LLCiCap Holding 5 LLCiCap Holding 6 LLCiCap Holding LLCiCap Investments, LLCiCap Management LLCiCap Northwest Opportunity Fund, LLCiCap Pacific Development LLCiCap Pacific Income 4 Fund LLCiCap Pacific Income 5 Fund, LLCiCap Pacific Northwest Opportunity and Income FundiCap Pacific NW ManagementiCap Realty LLCiCap Vault 1, LLCiCap Vault Management, LLCiCap Vault, LLCSenza Kenmore, LLCUW 17TH AVE, LLCVault Holding I, LLCVault Holding, LLCVH 1121 14th, LLCVH 2nd Street Office, LLCVH Pioneer Village LLCVH Senior Care LLCVH Willows Townhomes, LLC

publicly available hearing audio

https://law.justia.com/cases/federal/appellate-courts/ca11/22-13005/22-13005-2022-12-01.html

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publicly available hearing audio

oral argument re revocation of bail, incarceration of SBF pending trial, sixth amendment issues, freedom of speech issues, first amendment issues, preparation for criminal trial

publicly available hearing audio

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publicly available hearing audio

official publicly available audio

official publicly available audio

Per a recent Coindesk article https://www.coindesk.com/policy/2023/09/13/surprisingly-few-us-customers-want-their-bittrex-money-back/:Surprisingly Few U.S. Customers Want Their Bittrex Money BackThe U.S. Secret Service kept millions on the exchange, company lawyers told a bankruptcy court – but other creditors have been strangely reluctant to ask for their funds back....Unofficial Computer-Autogenerated Transcript, to Assist the Hearing Impaired etc.00:00:00Mr. Mosco, welcome. It's good to see you.00:00:11Good to see you too, Your Honor.00:00:14Mr. Shepard Carter, I like the tie. Is that black and orange?00:00:19This is black. No, it's not black and orange. It's dark, dark blue and orange, which are the colors of your alma mater.00:00:26The colors of my alma mater are black and orange. Oh, then it's black and orange.00:00:30Your instincts are excellent. You may proceed. Mr. Mosco, good morning again. Good to see you.00:00:35I should have known that since they were the Tigers. They are the Tigers.00:00:37We are the Tigers.00:00:39Good morning, Your Honor. We sent over to chambers a PowerPoint presentation. I can hand up an extra copy if you'd like.00:00:48I have it. Thank you.00:00:49And thanks for the Court's time today. It may seem like a bit of navel gazing going on here because there's not a controversy,00:00:58but we did want to update the Court from our last presentation, from where we are. All the work is being done behind the scenes that you haven't seen.00:01:07I appreciate that, and certainly no apology is necessary. I'm always happy to take a status report.00:01:14As you just mentioned, I really have limited visibility into most of the cases that I have, and often then it just turns into a very ugly surprise when everything blows up all at once.00:01:25So I'm hoping that's not going to happen here, but I certainly do appreciate the guidance that you're offering.00:01:31Correct, Your Honor. Just to level set and for the record, Patty Tomasko, Quinn Emanuel on behalf of the Dutters, and I'm joined by my colleague, Ken Ennis from the Young Conaway Firm.00:01:43We just wanted to go through where we were. The last presentation that we gave you, we had very low engagement from the customers that we had asked to withdraw their crypto.00:01:54As you know, the Court entered an order allowing the customers to begin withdrawing cryptocurrency and fiat currency as of June 15th is when we reopened the platform after the May 8th petition date.00:02:07So we wanted to go through that. I also want to introduce the Court to, we have a couple of the legal staff from Bittrex, Caleb Barker and David Maria.00:02:21David Maria is the General Counsel of Bittrex and Caleb Barker is the Assistant General Counsel of Bittrex.00:02:29Very good. Welcome, gentlemen.00:02:31Morning, Your Honor. If I get something wrong, which I frequently do, they will correct me and I've invited them to be live so that as we go through this, if I get something wrong, they can say, or if the Court has any questions about what we've done and all of the efforts that have gone into this and where we are with the status of the withdrawals.00:02:50I'm not going to bore the Court with the history, but as you know, we filed the bankruptcy petition on May 8th. The Court entered the customer withdrawal order on June 13th. We reopened the platform on June 15th.00:03:06This is consistent with the main goal of the case, which was to set up a process by which Bittrex USA operations could be wound down, along with the sister company Bittrex Malta, which is a Maltese organization that has been roughly out of operation since late 2018.00:03:30So to that end, if you turn to slide six, you can see our Chapter 11 timeline to where we are today.00:03:38Of course, we have a disclosure statement hearing coming up on the 27th.00:03:44Right.00:03:45And this is sort of to get everybody, you know, oriented correctly as we face that.00:03:51So far, I will say we have gotten only informal comments and nothing momentous with respect to the disclosure statement or the plan. We're getting language, incorporating it. All of that's going to plan.00:04:05Turning to slide eight, as I mentioned, we still have to comply as we're doing customer withdrawals with the various regulatory requirements for the payment.00:04:20KYC and KML stuff.00:04:22The main that I call them, Finson and OFAC.00:04:25Finson is concerned with financial crimes.00:04:29They want to have all the KYC information from the customer.00:04:32So are you really who you say you are?00:04:35And they also want to know that, you know, you're not engaging in some kind of money laundering.00:04:42So that's that's really what they're about.00:04:45OFAC is concerned with persons in foreign countries engaging in financial transactions in the U.S.00:04:54So those two regulatory requirements are built into the algorithms of the platform.00:05:00OK.00:05:03So we also wanted them to update, accept the updated terms of service,

official publicly available audio

For more information about the bankruptcy proceedings, including filings on the bankruptcy court's docket, see https://cases.stretto.com/primetrustPer Decrypt:Crypto Custodian Prime Trust Files for BankruptcyA former Bank of Nevada president will oversee the Chapter 11 process, which may include the sale of all remaining Prime Trust assets.By Decrypt AI, Edited by Ryan OzawaAug 15, 2023Las Vegas-based cryptocurrency custodian Prime Trust filed for Chapter 11 bankruptcy protection on Monday, the latest setback for the troubled financial technology company.The bankruptcy filing follows Prime Trust's placement into receivership in late June by Nevada regulators, who determined the company was insolvent and unable to service customers. That action came after a series of difficulties for Prime Trust and companies connected to it over the past year....[For more see https://decrypt.co/152508/prime-trust-chapter-11-bankruptcy]

Hearing starts approximately 3 1/2 minutes into the audio.For court filings and other information about the chapter 11 bankruptcy proceedings, see: https://dm.epiq11.com/case/yellowcorporation/infoFor news see: https://www.costar.com/article/2060186871/old-dominions-15-billion-bid-for-yellows-truck-terminals-sets-stage-for-upcoming-bankruptcy-auction

Hearing starts approximately 5 minutes into the audio.For court filings and other information about the chapter 11 bankruptcy proceedings, see: https://dm.epiq11.com/case/yellowcorporation/infoFor news see: https://www.costar.com/article/2060186871/old-dominions-15-billion-bid-for-yellows-truck-terminals-sets-stage-for-upcoming-bankruptcy-auction

For court filings and other information about the chapter 11 bankruptcy proceedings, see: https://dm.epiq11.com/case/yellowcorporation/infoFor news see: https://www.costar.com/article/2060186871/old-dominions-15-billion-bid-for-yellows-truck-terminals-sets-stage-for-upcoming-bankruptcy-auction

This is the official oral argument audio for the appeal docketed with the US Court of Appeals for the Fifth Circuit as 23-30445 in the case styled Missouri v Biden. The oral argument audio was posted to the court's website with an 8-10-23 date (https://www.ca5.uscourts.gov/oral-arg...) and is publicly available along with audio of other oral arguments.According to the wikipedia entry for Missouri v Biden:Missouri v. Biden (No. 3:22-CV-01213) is a United States federal case filed in the Western District of Louisiana involving the First Amendment. The states of Missouri and Louisiana filed suit against the U.S. government, led by Missouri's former attorney general and current U.S. Senator Eric Schmitt, asserting that the government's contact with social media services to request removal of alleged misinformation was a violation of free speech and amounted to censoring conservative views and criticism of President Joe Biden's administration.On July 4, 2023, Judge Terry A. Doughty issued a preliminary injunction against several agencies and members of the Biden administration from contacting social media services to request the blocking of material, with exceptions for material involving illegal activity. The U.S. government has appealed the decision to the Fifth Circuit Court of Appeals. The Fifth Circuit granted a stay of Doughty's injunction on July 14, 2023.[excerpt from https://en.wikipedia.org/wiki/Missour...]

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