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BankruptcyBankruptcy

Exactech Plaintiffs Get the Bankruptcy Plan They Want; Genesis Ordered to Close Facility

By Andrew Scurria

 

Welcome to WSJ Pro Bankruptcy's Daily Briefing. It's Tuesday, September 16. In today's briefing, a bankruptcy judge has reservations about Exactech's plaintiff-backed bankruptcy plan, and regulators took the rare step of shutting down a healthcare facility during a chapter 11 case.

 

Top News

Getty Images/iStockphoto

Implant maker Exactech exits bankruptcy as tort claimants plot litigation. A Delaware judge approved, with some reservations, a bankruptcy plan for implant maker Exactech that doesn't include a settlement with its private equity sponsor, TPG.

Judge Laurie Selber Silverstein of the U.S. Bankruptcy Court in Wilmington, Del. said this was the first time she had approved a bankruptcy plan for a mass-tort case that doesn’t specify how personal-injury and wrongful-death claimants are to be compensated. She accepted Exactech's plan because it was the only way to find resolution in this “very contentious case,” she said.

“I don’t necessarily think I want this to be a template in the future,” the judge said.

 
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Distress

Zuma Press

Genesis Healthcare regulators shut down Alabama nursing home. Federal and state regulators ordered bankrupt nursing-home operator Genesis Healthcare to shut down one of its 175 facilities, a rare step in a healthcare-related chapter 11 case.

Typically, the federal and state governments try to avoid the closure of healthcare facilities, sometimes even making advance payments or providing aid to help keep struggling providers open. But the Centers for Medicare and Medicaid Services ordered Genesis to move its patients to nearby facilities within 30 days, an illustration of how regulators' directives can clash with the goals of a bankruptcy reorganization.

 

About Us

Share your tips, suggestions and feedback with the WSJ Pro Bankruptcy team: Soma Biswas; Alexander Gladstone; Jodi Xu Klein; Akiko Matsuda; Andrew Scurria; Becky Yerak. 

Follow us on Twitter: @SomaBisWSJ; @gladstonea; @jodixu; @AskAkiko; @AndrewScurria; @beckyyerak.

 
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