Update on GWG Holdings Chapter 11 Bankruptcy Case
Did you suffer losses investing in GWG L Bonds? If so, the securities attorneys at the White Law Group may be able to help you.
According to a new filing this week, GWG Holdings, Inc. and the U.S. Trustee (together with the Debtors,) file a stipulation with respect to the Debtors’ compliance with the Interim Order. The order authorizes the Debtors to continue to operate their cash management system and maintain existing bank accounts, books and records, and continue to perform intercompany transactions and related relief.
The Debtors were granted an extension to comply with the requirements of 11 U.S.C. § 345(b) of the Bankruptcy Code through Friday, June 24, 2022, according to the filing on June 2.
The White Law Group is filing Claims involving GWG L Bonds, Liquidity Bonds –
The White Law Group continues to file securities claims against broker dealers who may have improperly recommended GWG Holdings offerings to investors. These lawsuits are alleging claims for violation of common law fraud, breach of fiduciary duty, negligence, and negligent supervision. The claims further allege that the brokerage firms failed to perform the necessary due diligence on these investments prior to recommending them to these particular investors.
To learn more about the White Law Group’s FINRA claims involving GWG L Bonds please see the following:
GWG Holdings Inc. (GWGH) financed its portfolio of life insurance assets through the sale of alternative investment products, according to its website. Although these products are touted as offering potentially higher yields than other investment assets that are correlated with the traditional stock and bond markets, they may come at a much greater risk to investors.
April 20, 2022- GWG Files Chapter 11 Bankruptcy Protection
According to a press release on April 20,2022, GWG Holdings, Inc. filed for Chapter 11 bankruptcy protection. This comes after the company reported in a new filing on April 1, that is would not be able to file its Annual Report on Form 10-K for the year ended December 31, 2021. Apparently, its independent registered public accounting firm quit in January. The company has missed numerous filing deadlines in the past.
According to the news release, GWG and its subsidiaries, GWG Life, LLC and GWG Life USA, LLC, have filed voluntary Chapter 11 petitions in the U.S. Bankruptcy Court for the Southern District of Texas as part of a restructuring process. The company says it “expects restructuring to strengthen its financial position and enhance the value of its assets.”
April 4, 2022 GWG Fails to File 2021 Annual Report
According to a new filing on April 1, GWG Holdings, Inc. is unable to file its Annual Report on Form 10-K for the year ended December 31, 2021 within the prescribed time period. The Company’s independent registered public accounting firm said in January it will not continue working with GWG. The Company is reportedly still in the process of reviewing potential candidates for a new auditor to audit its financial statements for the year ended December 31, 2021.
February 14, 2022 – GWG Buys Time with Letter to Investors
Those investors who were hoping to see a February interest payment from GWG Holdings may be sorely disappointed today. In a letter to investors on February 14, the company says while it is progressing in its work of “identifying and evaluating restructuring alternatives,” the monthly interest, and maturity payments, dividends and redemptions remain paused. The company says the process may take another 3-4 weeks and it will “inform you if and when we are able to restart these cash payments in the future.”
GWGH has been selling L Bonds since January 2012 under the name “Renewable Secured Debentures”. These debt securities were re-named “L Bonds” in January 2015, according to a June 3, 2020 prospectus. In 2020, the company launched a new offering called the Liquidity Bond 2020, constituting secured debt of GWG Holdings, Inc. Although these products are touted as offering potentially higher yields than other investment assets that are correlated with the traditional stock and bond markets, they may come at a much greater risk to investors.
January 19, 2022, GWG Fails to Make Interest Payments for L Bonds
According to new filings with the SEC on January 18, due to the decreased sales of its L Bonds, GWG did not make the January 15, 2022 interest payment of approximately $10.35 million and principal payments of approximately $3.25 million with respect to its L Bonds. If the company fails to make the payments in the next 30 days it will result in default, according to the filing.
The company also noted that it believes that the filing of its Annual Report on Form 10-K for the year ended December 31, 2021, will likely be late as the independent registered public accounting firm it was working with declined to stand for reappointment. This would also likely result in a voluntary suspension of the sale of L Bonds.
September 8, 2021, GWG Fails to File Financial Reports and Suspends L Bond offering
GWG has not filed its annual report for the year ending December 31, 2020, and has not filed its form 10-Q for the quarter ending March 31, 2021. GWG reported that it is working to complete restatements regarding the financial statements in its 2019 annual report and its quarterly reports for the first three quarters of 2020. GWG notes that it “is unable at this point to estimate when those restatements will be complete.”
After failing to timely file its 2020 annual report, GWG suspended its offering of L Bonds. Further, several members of the Board of Directors reportedly resigned in the second quarter of 2021.
On August 1, 2021, GWG announced that its board of directors determined that certain previously issued financial statements including its annual report for the year ended 2019, and the quarterly reports for the first three quarters of 2020 “should no longer be relied upon.” GWG reported that the Board’s determination was based upon the consultation process with the SEC’s Office of the Chief Accountant (SEC OCA). GWGH noted that following the consultation with the SEC OCA it will consolidate the trusts, that hold secondary alternative assets that GWG has provided loan financing to as part of its core strategy, into its financial statements.
GWG further noted that “these restatements do not arise from or cause any negative changes in the Company’s operations, the underlying economics attributable to the Company or its subsidiaries, the terms of the Company’s existing assets, or its expected prospects for future business.” GWG says that it continues to make all required payments under its L Bonds and preferred equity and is working on financing options to further supplement its cash position.
On September 7, 2021, GWG announced it has appealed the delisting of its stock by the Listing Qualifications Department of the Nasdaq Stock Market. As a result, GWGH will continue to be traded on Nasdaq, but must meet requirements that it will file past due financial statements through June 30, 2021 (by October 31, 2021,) and it will hold its 2020/2021 annual meeting by December 31, 2021.
What is an L Bond?
An L bond is an alternative investment vehicle that attempts to provide a high yield for a lender in exchange for bearing the risk that an insurance policy premium or benefits may not be paid. An L bond is an unrated life insurance bond that is used to finance the purchase and premium payments of life insurance settlement contracts purchased in the secondary market.
L Bonds were publicly offered and sold on a continuous basis in 2014, 2017 and again in 2020 for a total of $4 billion in principal. The most recent offering will reportedly run on a continuous basis through June 2023, according to the prospectus.
The GWG L Bond prospectus notes, “An investment in the L Bonds involves significant risks, including the risk of losing your entire investment, and may be considered speculative.”
GWG L bonds are illiquid investments, and the shareholders cannot sell them on the secondary market. Shareholders must wait until the bonds mature to redeem the principal amount and they cannot redeem the bond before the maturity date or the death or disability of the original policyholder. According to its prospectus, if GWG agrees to redeem the bond for any other reason, the bondholder will be charged a penalty of 6%.
According to financial statements filed with the SEC in November 2020, the company warns “it may not be able to sell additional L Bonds on terms as favorable to the Company as past transactions or in quantities sufficient to fund all of the Company’s operating requirements.” Further, GWGH may not be able to obtain additional borrowing under existing debt facilities or new borrowings with other third-party lenders.
GWG issued a new series of “Liquidity” Bonds
The company issued two new series of L bonds in December 2020 called (the “Liquidity Bonds”). The Liquidity Bonds were being offered and sold to accredited investors as Reg D private placement investments. The company says the Liquidity Bonds would be issued as part of the Company’s strategy to expand its exposure to a portfolio of loans collateralized by cash flows from illiquid alternative assets. Six months after the issuance date of a Liquidity Bond, the holder may elect to exchange the Liquidity Bond, (at the beginning of each month and upon 30 days’ prior written notice to the Company) for that number of shares of the Company’s common stock.
Filing a Complaint against your Brokerage Firm
Unfortunately, many investors are not fully aware of the problems and risks associated with illiquid, high risk, private placement investments such as GWG L Bonds (Liquidity Bonds).
Alternative investments are complex and inherently risky products. Compared to traditional investments, such as stocks, bonds and mutual funds, these investments are significantly more complex and often better suited for sophisticated and institutional investors.
Another problem often associated with these recommendations is the high sales commissions brokers typically earn for selling them– as high as 15%. Brokers have an obligation to make investment recommendations that are consistent with their clients’ risk tolerance, net worth, investment objectives and experience in the market.
In many cases, the high sales commission may provide some brokers with enough incentive to make unsuitable investment recommendations.
Broker dealers are required to perform adequate due diligence on any investment they recommend and to ensure that all recommendations are suitable for the investor. Firms that fail to do so, may be held responsible for any losses in a FINRA arbitration claim.
If you are concerned about your investment in GWG L Bonds, the securities attorneys at The White Law Group may be able to help you. Please call the offices at 888-637-5510 for a free consultation. The White Law Group, LLC is a national securities fraud, securities arbitration, investor protection, and securities regulation/compliance law firm with offices in Chicago, Illinois and Seattle, Washington.
For more information on The White Law Group and its representation of investors in FINRA arbitration claims, visit https://www.whitesecuritieslaw.com.
To learn more about the firm’s investigation, please see:
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