Quiksilver Owner Sued over Oaktree-Backed Rescue Deal

Investors sued Boardriders Inc., the company behind the Quiksilver and Billabong brands, over a $431 million rescue financing package they said elevated the interests of a select group of lenders. Intermediate Capital Group PLC, York Capital Management and other lenders filed a lawsuit in the Supreme Court of New York, challenging an August financing deal that supplied the apparel company with $110 million in fresh capital from a group of lenders. In return for the infusion, Boardriders gave those parties top-ranking collateral rights on $321 million of loans they already held, pushing other lenders down in the payment line, according to the complaint. The lenders that filed the suit are seeking a judgment undoing the transaction.

Being sued? Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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Mallinckrodt Files for Bankruptcy Amid Opioid Suits

Mallinckrodt Plc became the third major opioid maker to go bankrupt after allegedly profiting by fueling the U.S. opioid epidemic. The drug company said that it filed for chapter 11 protection in Delaware after getting creditors and claimants to agree on a restructuring plan that hands ownership to bondholders, wipes out shareholders and sets aside $1.6 billion to resolve all opioid litigation. The filing also will help resolve a U.S. government probe into whether the company defrauded Medicaid by overcharging for certain drugs. The move comes as Mallinckrodt was readying for two trials over accusations it illegally marketed opioids and failed to properly oversee large shipments of the highly addictive drugs, which have been tied to an epidemic of abuse that killed thousands of Americans. A judge is likely to halt all litigation while the bankruptcy plan makes its way through the court process. The agreement includes certain debt holders, state attorneys general and lawyers for municipalities that sued to recoup billions in tax dollars spent on battling opioid addictions. Mallinckrodt will set up a trust to oversee payments from the $1.6 billion fund to claimants, and give them warrants to buy a stake in the reorganized company that could total nearly 20 percent, according to a statement.

Contemplating bankruptcy? Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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KEPP Program – Landlords and Tenants Apply for up to $5,000 per household

Home has never been more important. Our homes have always provided shelter, but in the midst of the COVID pandemic, home has become so much more. Home is where we receive our health care, educate our children, conduct business, and connect virtually for worship services, community meetings, and social gatherings. 

The economic impact of the pandemic has left many Kansans unemployed or underemployed, and uncertain how they will pay rent. While moratoriums provide temporary protection from eviction, rent continues to accrue each month, leaving tenants unsure how they will pay the past due amounts, and leaving landlords without monthly income to pay bills and manage maintenance and upkeep.  

The KEPP program is funded through the CARES Act. Program funds are limited, and applications will be processed in the order received. Tenants and landlords should apply as soon as possible to increase your likelihood of receiving assistance.  

Are you affected financially due to the coronavirus? We can assist you. Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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Back-Shooting Not Defense

Statutes allow physical force in defense of another to the same extent as self-defense, which is the amount reasonably necessary when unlawful use of force reasonably looks imminent, but do not support deadly force in a simple assault and battery. Defendant shot victim in the back from a distance during a scuffle with a third party and fled.  On those facts, the jury was free to reject defendant’s theory of self-defense.
State of Missouri vs. Travon Marcel Williams
(Overview Summary)
Missouri Court of Appeals, Western District – WD82757

Being sued? Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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SEC Reports 700 Enforcement Actions in Fiscal 2020, ‘Significant’ During Telework Period

The head of the U.S. Securities and Exchange Commission (SEC) said that the agency has brought 700 enforcement actions in the 2020 fiscal year, a ‘significant’ amount after March 15. In a virtual address kicking off “SEC Speaks 2020,” an annual SEC enforcement conference put on in conjunction with the Practicing Law Institute, Jay Clayton said the agency had also obtained financial remedies of more than $4 billion, up from a year prior. The SEC has also reviewed disclosures of more than 10,700 funds — including more than 1,200 new funds — in 2020, an increase of 7 percent over last year.

Being sued? Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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U.S. Railroad Amtrak Warns of 2,400 Additional Job Losses Without New Bailout

U.S. government-supported passenger railroad Amtrak said that without a new bailout it could be forced to cut more spending and train services, which could lead to the loss of another 2,400 jobs. In November, Amtrak told Congress it needs up to $4.9 billion in government funding for the current budget year. The railroad, which already cut 2,000 jobs, said that without more support from Congress, reduced spending would result in the loss of another 775 jobs, and further reductions in train service by state partners would likely result in an additional 1,625 job losses. Without the new funding, Amtrak chief executive Bill Flynn said, “We will be unable to avoid more drastic impacts that could have long lasting effects on our Northeast Corridor infrastructure and the national rail system.” 

Struggling financially? Please contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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Too Late to Seek GAL

Statute mandates the appointment of a guardian ad litem for child when, and only when, the petition alleges abuse with specificity; pleading the appearance of unexplained bruises is too generalized.
RAYMOND WINFREY, Respondent vs. CHEYENNE N. CAHALAN, Appellant
Missouri Court of Appeals, Southern District – SD36505

Question about child abuse? Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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IRS extends Economic Impact Payment deadline to Nov. 21 to help non-filers

The Internal Revenue Service announced today that the deadline to register for an Economic Impact Payment (stimulus payment) is now Nov. 21, 2020. This new date will provide an additional five weeks beyond the original deadline.

The IRS urges people who don’t typically file a tax return – and haven’t received an stimulus payment– to register as quickly as possible using the Non-Filers: Enter Info Here tool on IRS.gov. The tool will not be available after Nov. 21.

Inquiring about taxes? Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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Repaying Salary After Arrest Isn’t Compensation for Loss and Isn’t Dischargeable

The obligation of a police officer to repay salary after being convicted of a crime is a nondischargeable debt, according to Bankruptcy Judge Kathryn C. Ferguson and District Judge Michael A. Shipp of Trenton, N.J.


Affirming Judge Ferguson’s decision, the September 28 opinion by Judge Shipp holds that the obligation to repay salary was not compensation for pecuniary loss. Rather, it was penal and thus nondischargeable, even though measured by the former officer’s salary.
The decision was based on Supreme Court authority that has been criticized recently for departing from the language of Section 523(a)(7).

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Six tips for people starting a new business

Understanding the tax responsibilities that come with starting a business venture can save taxpayers money and help set them up for success. IRS.gov has the resources and answers to help people through the process of starting a new business.

Here are six tips for new business owners.

  1. Choose a business structure.
  2. Choose a tax year.
  3. Apply for an employer identification number.
  4. Have all employees complete these forms:
  5. Pay business taxes.
  6. Visit state’s website.

Inquiring about taxes? Contact our office at 816-524-4949 or you can visit our website at hoorfarlaw.com to schedule an appointment.

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