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Coram to Hire Bankruptcy Expert
Denver -- Coram Healthcare won its bid to hire a bankruptcy expert as a restructuring adviser despite attempts by a group of investors to block the move.
Judge Mary Walrath of the U.S. Bankruptcy Court for the District of Delaware granted Coram's motion to hire Harrison Goldin to advise its board on a reorganization plan and mediate the disputes between the board and the Equity Committee.
The latter, alleging a breach of fiduciary duties, had sought permission from the court to sue Coram's largest note holder, Cerberus Partners; the company's chairman, president and chief executive, Daniel D. Crowley; and a former board member, Stephen Feinberg. Walrath denied the motion.
Coram filed for Chapter 11 bankruptcy protection in August. In December, the bankruptcy court denied Coram's original reorganization plan because, while it allotted monies to debt holders, it left nothing for Coram's 4,850 shareholders. At press time in mid-March, Coram was to resubmit its plan -- which Goldin was to review -- at the end of March.
The Equity Committee disputes Coram's claim that the company is insolvent and alleges that Feinberg induced Crowley to manage Coram for the benefit of debt holders, such as Cerberus, and not for shareholders, thereby contributing to Coram's financial woes. The committee also claims Crowley had an undisclosed employment agreement with Cerberus that paid him $1 million a year plus bonuses.
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