The Octus Download

EP 15 | Kawhi Leonard in Bankruptcy Court, Spirit on the Brink, and Disqualified Counsel Provisions


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Jason Sanjana and Kevin Eckhardt open in Los Angeles with the biggest sports bankruptcy crossover in years (02:58). NBA star Kawhi Leonard faces scrutiny over a $28 million endorsement deal with now bankrupt tree planting company Aspiration Partners (CTN Holdings). What began as a standard corporate restructuring has turned into a potential salary cap circumvention scandal involving the LA Clippers. The NBA has reopened its investigation and a Chapter 7 trustee now controls potential fraudulent transfer claims worth millions.

From there (29:00) the conversation shifts to Spirit Airlines’ second bankruptcy filing in less than a year. Once considered a restructuring success story the discount carrier faces the same operational problems that plagued its first case including grounded aircraft, credit card processor demands, and revenue per passenger declining 9% year over year. Management’s bold Friday filing before Labor Day weekend signals desperation rather than strategy.

Julian Bulaon, Head of Liability Management, joins (48:00) to discuss the rise of disqualified counsel provisions in credit agreements. These sponsor friendly clauses allow borrowers to veto lender counsel selections after deal closing, a concerning evolution in the ongoing battle between creditors and sponsors over liability management exercises.

The culture close begins (57:00) with Netflix’s The Hunting Wives, a suburban Texas drama of lake houses, politics, and scandal.

The episode wraps (01:06:00) with cannabis foreclosures as marijuana companies increasingly turn to Article 9 processes in the absence of bankruptcy protection.

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Hosted by Jason Sanjana and Kevin Eckhardt

Guest: Julian Bulaon

Produced and edited by Tanya Hubbard

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The Octus DownloadBy Octus

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