The Center of Main Interests (The COMI)
Blogging about international bankruptcies and restructurings
Sunday, September 10, 2023
Evergrande bankruptcy update: Per a filing in the Evergrande chapter 15 bankruptcy proceedings in New York, the recognition hearing (the key hearing in Evergrande's U.S. bankruptcy proceedings) has been pushed back from September 20, 2023 to October 25, 2023.
Monday, August 28, 2023
A data security incident has been reported involving the personal information of bankruptcy claimants in the matters of BlockFi, FTX and Genesis. #crypto #bankruptcy
The following announcement appears under Case Background in the FTX Trading case administration website:
We were recently informed of a data security incident that has impacted certain information related to this bankruptcy case. Additional information regarding this matter can be found at:
https://ftxquestions.kroll.
The ftxquestions link then contains the following information (as of August 28):
On August 25, 2023, Kroll announced a security incident involving the personal information of bankruptcy claimants in three matters involving cryptocurrency companies: https://www.kroll.com/en/
In connection with this incident, Kroll provided email notice to the FTX claimants whose personal information may have been involved in the incident.
In re: FTX Trading Ltd., et al., Case No. 22-11068
United States Bankruptcy Court for the District of Delaware
Kroll Restructuring Administration (“Kroll”), the claims agent in the bankruptcy, has learned that it experienced a cybersecurity incident that compromised personal data of certain claimants. Kroll promptly contained and remediated the incident, reported it to law enforcement and is investigating this matter. Kroll has advised the court and the FTX debtors of the incident. This website provides important information that can help protect you against potential misuse of this information. We encourage you to read this content carefully.
What happened?
On or about Saturday, August 19, 2023, an unauthorized third party gained control of a mobile phone number belonging to an employee of Kroll. As a result, the unauthorized party accessed files in Kroll’s cloud-based systems, including files that contained your name, address, email address, and the balance in your FTX account. When Kroll became aware of the incident, it acted quickly to secure the impacted Kroll account and launched an investigation. There is no evidence that the attacker accessed any other Kroll accounts or systems. Moreover, Kroll did not maintain passwords to FTX accounts. This attack on Kroll did not affect any FTX systems or FTX digital assets.
The attacker might use this information in a further scam, for example, by sending phishing emails to trick you into providing sensitive personal information or access to your personal accounts, including but not limited to, cryptocurrency accounts, wallets or other digital assets, wherever they may be held.
While no action is necessary as to your FTX account as a result of this incident, you can help maintain the security of your accounts and digital assets by remaining vigilant and taking certain steps, including the following:
Never share your passwords, seed phrases, private keys, and other secret information with untrusted individuals, applications, websites or devices.
Always verify information that you receive from any other website about the FTX bankruptcy case or your claim by visiting the website of the Claims Agent, Kroll Restructuring Administration LLC: https://restructuring.ra.
kroll.com/FTX/ or contacting Kroll Restructuring Administration at FTXquestions@kroll.com.
The Court presiding over the FTX bankruptcy case (the United States Bankruptcy Court for the District of Delaware), Kroll, and FTX will never ask or require you to do any of the following in connection with the processing of bankruptcy claims or the distribution of FTX assets:
Link a cryptocurrency wallet to a website or application
Provide your seed phrase or private keys
Download any software or use a particular wallet application
Provide your password over email, text message, or over the phone
Provide personal identifying information, such as your birthday or social security number, over email, social media or in any manner other than as described in a Court-approved process posted to Kroll Restructuring Administration’s case website or the Court’s docket
Please know that any distribution of FTX assets will only be at the time and in the manner established by the Court. Information about the Court’s orders can be found at the website of the Claims Agent, Kroll Restructuring Administration LLC: https://restructuring.ra.
If you have any questions, receive suspicious communications, or wish to verify the authenticity of communications that are purported to be from individuals associated with the FTX bankruptcy case, please contact: FTXquestions@kroll.com.
CLICK HERE FOR GENERAL INFORMATION ABOUT IDENTITY THEFT PROTECTION
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Thursday, June 8, 2023
In re FTX Trading - hearing on US estate/Bahamas estate issues now streaming on YouTube
Here is the link to the live stream of the hearing: https://www.deb.uscourts.gov/FTXLiveStream
I have posted the official court audio for prior FTX hearings to FTX/Alameda U.S. bankruptcy court hearing audio recordings, #crypto - YouTube.
Sunday, April 30, 2023
In re BlockFi Inc. April 19, 2023 bankruptcy court hearing audio recording, chapter 11 case number 22-19361
Here is a link to the publicly available hearing audio posted to the bankruptcy court docket: https://www.youtube.com/watch?v=zPVIlRX4U6w
Monday, April 24, 2023
In re Virgin Orbit Holdings, Inc. April 5, 2023 bankruptcy court hearing audio recording
Here is a link to the publicly available hearing audio posted to the bankruptcy court docket: https://youtu.be/Vl9w_1rXFyE
Bed Bath & Beyond email of Sunday morning to its customers with news the company has filed chapter 11 bankruptcy proceedings...
---------- Forwarded message ---------
From: Bed Bath & Beyond <BedBath&Beyond@email.bedbathandbeyond.com>
Date: Sun, Apr 23, 2023 at 7:49 AM
Subject: Important Update from Bed Bath & Beyond Inc.
To Our Valued Customers:
Earlier today, Bed Bath & Beyond Inc. filed for voluntary Chapter 11 protection.
We appreciate that our customers have trusted us through the most important milestones in their lives – from going to college, to getting married, to settling into a new home, to having a baby – and we wanted to reach out to you to explain what this means.
Our stores are open and serving customers. However, we have initiated a process to wind down operations.
What This Means for Our Customers
We wanted to make you aware that several of our programs and policies may be changing soon. As of today:
• We expect to process returns and exchanges in accordance with our usual policies until May 24, 2023, for items purchased prior to April 23, 2023
• We expect Gift Cards, Gift Certificates, and Loyalty Certificates will be accepted through May 8, 2023
• We will no longer accept coupons or Welcome Rewards+ discounts beginning April 26, 2023
• We expect all in-stock orders placed online both prior and after our bankruptcy filing to be fulfilled at this time
Registry
Your registry data is safe. You can still view your registry at this time. We expect to partner with an alternative platform where you will be able to transfer your data and complete your registry. We will provide details in the coming days.
We Are Here for You
For Frequently Asked Questions (FAQs) and additional information, please visit
https://restructuring.ra.kroll.com/bbby. Stakeholders with questions can email
BBBYInfo@ra.kroll.com or call at (833) 570-5355 or (646) 440-4806 if calling from outside the U.S. or Canada.
Thank you for your loyalty and support.
Bed Bath & Beyond | buybuy BABY
Sunday, January 26, 2020
Thomas Cook Group plc Collapses
Thomas Cook Group plc Collapses
The operations of many Thomas Cook branded companies were not affected by the collapse and their customers’ travel plans were not disrupted. For example, Hindu Business Line reported that Thomas Cook (India) Group was a different corporate entity as of August 2012 when it was acquired by a Canada based multinational investment company.9 And there were heart warming stories out of local papers about travel companies intervening by buying former Thomas Cook branches and offering all employees their positions back. Word from the cathedral city of Chichester in West Sussex in England was “[t]he manager of the recently reopened former Thomas Cook shop in Chichester has spoken of her relief when she found out her job had been saved.”10
Thomas Cook in the 19th and 20th centuries
British Newspaper The Daily Telegraph, aka The Telegraph, founded in 1855 by a contemporary of Thomas Cook, published a history that focused on the company’s history prior to acquisition by C&N Touristic, AG, a German travel group in 2001.11 The Telegraph interviewed Paul Smith, the company’s archivist, who had access to rare items such as a Thomas Cook brochure for the marketing of flights, printed around 1919 when Thomas Cook marketed pleasure flights.12
Thomas Cook in the new millennium
Just three weeks ago, the tour operator looked to have secured a £900m rescue package – half provided by Chinese tourism business Fosum, the rest by a mixture of banks and hedge funds. The debt-for-equity swap would wipe out £1.7b of loans, allowing the company to make its interest payments during the barren winter, when less cash comes in because bookings are low.
Then, in what one person familiar with the talks described as a bolt from the blue, came a shock demand from its banks, state-owned RBS [the Royal Bank of Scotland] among them. Thomas Cook must find an extra £200m, they said, or the restructuring could not go ahead. The company sometimes credited with inventing modern tourism must, by this weekend, somehow cobble the money together if it is to survive.16
In addition to stranding people who were traveling when the company went into compulsory liquidation, the collapse of Thomas Cook has reportedly led to 9,000 employees in the United Kingdom being put out of work.18 The public outcry precipitated an investigation of the audit of the company in 2018 by the Financial Reporting Council19 and Members of Parliament questioning management.20
Evergrande bankruptcy update: Per a filing in the Evergrande chapter 15 bankruptcy proceedings in New York, the recognition hearing (the key hearing in Evergrande's U.S. bankruptcy proceedings) has been pushed back from September 20, 2023 to October 25, 2023.
See below, extracted from the Notice of Adjournment filed on September 8, 2023 as Docket Number 17 in Evergrande's chapter 15 bankruptcy...
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Here is a link to the publicly available hearing audio posted to the bankruptcy court docket: https://youtu.be/Vl9w_1rXFyE
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Per www.globalinsolvency.com: Tue., January 8, 2013 Argentina’s messy legal battle with hedge funds over its 20...
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Here is a link to the publicly available hearing audio posted to the bankruptcy court docket: https://www.youtube.com/watch?v=zPVIlRX4U6w