Wednesday, October 31, 2012

Reuters: Bankruptcy News: Elpida says court approves acquisition by Micron

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Elpida says court approves acquisition by Micron
Oct 31st 2012, 23:17

SAN FRANCISCO | Wed Oct 31, 2012 7:17pm EDT

SAN FRANCISCO Oct 31 (Reuters) - Micron Technology's plan to acquire Japanese memory chipmaker Elpida took a big step toward completion after a Tokyo court approved the agreement and dismissed a rival plan promoted by a group of bondholders.

A district court in Tokyo said on Wednesday it was referring bankrupt Elpida's plan to be bought by U.S. chipmaker Micron to creditors for approval, according to a news release on Elpida's website.

The court said it dismissed a rival proposal by a group of bondholders, led by hedge funds Linden Advisors, Owl Creek Asset Management and Taconic Capital Advisors, who have said the $2.5-billion price tag grossly undervalues Elpida, arguing that the company is worth 300 billion yen ($3.78 billion).

Elpida, the last of Japan's dynamic random access memory (DRAM) chipmakers, was driven into bankruptcy by falling chip sales and foreign competition. The company proposed a $2.5-billion sale to Micron, based in Boise, Idaho, as a way to repay creditors.

That deal would catapult Micron into the No. 2 spot in the global market for DRAM chips, behind Samsung Electronics .

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Reuters: Bankruptcy News: UPDATE 1-Elpida says court approves acquisition by Micron

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UPDATE 1-Elpida says court approves acquisition by Micron
Oct 31st 2012, 23:34

Wed Oct 31, 2012 7:34pm EDT

SAN FRANCISCO Oct 31 (Reuters) - Micron Technology's plan to acquire Japanese memory chipmaker Elpida took a big step toward completion after a Tokyo court approved the agreement and dismissed a rival plan promoted by a group of bondholders.

A district court in Tokyo said on Wednesday it was referring bankrupt Elpida's plan to be bought by U.S. chipmaker Micron to creditors for approval, according to a news release on Elpida's website.

The court said it dismissed a rival proposal by a group of bondholders, led by hedge funds Linden Advisors, Owl Creek Asset Management and Taconic Capital Advisors, who have said the $2.5-billion price tag grossly undervalues Elpida, arguing that the company is worth 300 billion yen ($3.78 billion).

Elpida, the last of Japan's dynamic random access memory (DRAM) chipmakers, was driven into bankruptcy by falling chip sales and foreign competition.

Boise, Idaho-based Micron, which is losing money due to a crumbling PC industry, wants to create larger economies of scale and offered in early July to buy Elpida for about $750 million in cash and to pay creditors a total of $1.75 billion in annual installments through 2019.

The deal would catapult Micron into the No. 2 spot in the global market for DRAM chips, behind Samsung Electronics .

"We view this as a positive development, and continue to expect Micron to close its Elpida acquisition by (the first half of 2013)," Jefferies analyst Sundeep Bajikar said in a note to clients.

Last week, a U.S. judge overseeing Elpida's parallel U.S. case said the company was taking a risk by not keeping creditors better informed.

That U.S. judge would eventually have to approve the transfer of U.S. assets.

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Tuesday, October 30, 2012

Reuters: Bankruptcy News: Kodak posts larger loss amid bankruptcy costs

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Kodak posts larger loss amid bankruptcy costs
Oct 30th 2012, 21:59

Tue Oct 30, 2012 5:59pm EDT

* Q3 loss increases 41 pct as net sales drop

* Kodak hopes to emerge from bankruptcy in 2013

Oct 30 (Reuters) - Eastman Kodak Co on Tuesday said its third-quarter loss grew 41 percent from a year earlier, reflecting restructuring and other costs as the bankrupt camera pioneer shifts its business focus toward printing from photography.

The net loss widened to $312 million, or $1.15 per share, from $222 million, or 83 cents, a year earlier, Kodak said in a regulatory filing.

Revenue fell 19 percent to $1.02 billion, hurt by a weakened economy, currency fluctuations, and the decision to exit some businesses, Kodak said.

Excluding restructuring and reorganization costs, Kodak said it lost $139 million in the quarter, compared with roughly $205 million a year earlier, and ended September with $1.13 billion of cash.

The Rochester, New York-based company has been in talks with creditors on a possible reorganization plan that Chief Executive Antonio Perez hopes will enable it to emerge from Chapter 11 protection next year.

Kodak has shuttered its digital camera business and plans to stop selling inkjet printers. It is still exploring options to sell more than 1,100 digital patents after failing to win acceptable bids in an auction held in August.

The company filed for bankruptcy protection on Jan. 19 after failing to keep up as consumers and rivals shifted to digital photography from film photography. High pension costs have also weighed on Kodak.

The case is In re: Eastman Kodak Co, U.S. Bankruptcy Court, Southern District of New York, No. 12-10202.

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Reuters: Bankruptcy News: UPDATE 1-AMR pilots cite 'potential' for imminent labor deal

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UPDATE 1-AMR pilots cite 'potential' for imminent labor deal
Oct 30th 2012, 21:18

Tue Oct 30, 2012 5:18pm EDT

* Pilots seeking industry standard on pay rates, outsourcing

* Union acknowledges progress being made

* Union still supports merger with US Airways

By Nick Brown

NEW YORK, Oct 30 (Reuters) - The pilots union at American Airlines said on Tuesday that a labor deal could be close if the bankrupt airline is willing to make certain key concessions.

The Allied Pilots Association union, locked in years of tense contract negotiations with the AMR Corp unit, said in a statement that it wants a contract on par with other major carriers, namely Delta Air Lines, on issues such as pay.

"There is potential for an agreement with AMR in the days ahead, but it all comes down to a number of moves management will need to make on key deal points to bring us into the realm of industry standard," the union said.

American reiterated its desire to reach a consensual agreement.

Denise Lynn, American's senior vice president for people, "last week said that good progress has been made and we are approaching a deal that we hope the APA board of directors will soon agree to put out for a ratification vote," said Bruce Hicks, American Airlines spokesman.

AMR declared bankruptcy last November, in part to reduce labor costs. While it has reached new contracts with its flight attendants' and ground workers' unions, it remains at odds with the pilot group.

The pilots' union announced on Oct. 21 that AMR had agreed to certain concessions, including improvements to disability plans and a one-year moratorium on closing pilot bases.

But major items remain unresolved, most notably pay rates and outsourcing work to pilots not represented by the union, Dennis Tajer, the pilots' spokesman, told Reuters on Tuesday.

In its statement, the pilots' union said getting a deal would guarantee it a 13.5 percent equity stake in a reorganized AMR. It also said labor peace would give the union more influence in talks between AMR and its creditors over how the airline would emerge from bankruptcy.

AMR has said it wants to emerge as a standalone entity, but smaller competitor US Airways Group Inc is making an aggressive push to acquire the company in bankruptcy. The pilots' union, along with the rest of AMR's unionized labor force, supports a merger.

But while Tuesday's statement acknowledged the benefits of a deal, the union is not eager to sign a new contract at any cost.

"While there is progress being made, it will only continue if it results in an industry-standard contract," Tajer told Reuters.

The union must balance its demands against economic realities. It stressed in the statement that a deal must be economically feasible for AMR because it will require support from AMR's creditors and approval by its bankruptcy court.

The sides have been in talks on a labor deal since 2006. The union voted down a tentative agreement in August, but its board went back to the negotiating table earlier this month after September flight cancellations and delays that American blamed on a slowdown campaign by pilots.

Incidents in which seats came unbolted from the floor on American flights also raised concerns about safety at the airline and made it the butt of late-night talk show jokes. The pilots union has denied calling any work slowdown.

AMR is in merger talks with US Airways, although it has said it would prefer to consider a tie-up only after leaving bankruptcy. Some bondholders have expressed interest in funding a plan that would bring AMR out of bankruptcy on its own.

Power struggles can arise between creditor constituencies with differing ideas on how a company should exit bankruptcy.

One of the most powerful constituencies in AMR's case is its unsecured creditors committee, which advocates for all of the airline's unsecured creditors. The unions, which have lost faith in AMR management, including Chief Executive Officer Tom Horton, have seats on that committee and would prefer a US Airways takeover sooner rather than later. But labor discord with pilots could add uncertainty to the prospect of a smooth merger.

Tajer said on Tuesday that the union will continue to support a merger even if it signs a new contract.

A deal would save the union from having to endure unilateral work terms designed to cut costs, which AMR earlier won court approval to impose.

The case is In re AMR Corp et al, U.S. Bankruptcy Court, Southern District of New York, No. 11-15463.

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Reuters: Bankruptcy News: AMR pilots cite 'potential' for imminent labor deal

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AMR pilots cite 'potential' for imminent labor deal
Oct 30th 2012, 20:38

Tue Oct 30, 2012 4:38pm EDT

* Pilots seeking industry standard on pay rates, outsourcing

* Union acknowledges progress being made

* Union still supports merger with US Airways

By Nick Brown

NEW YORK, Oct 30 (Reuters) - The pilots union at American Airlines said on Tuesday that a labor deal could be close if the bankrupt airline is willing to make certain key concessions.

The union, locked in years of tense contract negotiations with the AMR Corp unit, said in a statement that it wants a contract on par with other major carriers, namely Delta Air Lines, on issues such as pay.

"There is potential for an agreement with AMR in the days ahead, but it all comes down to a number of moves management will need to make on key deal points to bring us into the realm of industry standard," the union said.

A spokesman for AMR had no immediate comment on ongoing talks.

AMR declared bankruptcy last November, in part to reduce labor costs. While it has reached new contracts with its flight attendants' and ground workers' unions, it remains at odds with the Allied Pilots' Association.

The pilots' union announced on Oct. 21 that AMR had agreed to certain concessions, including improvements to disability plans and a one-year moratorium on closing pilot bases.

But major items remain unresolved, most notably pay rates and outsourcing work to pilots not represented by the union, Dennis Tajer, the pilots' spokesman, told Reuters on Tuesday.

In its statement, the pilots' union said getting a deal would guarantee it a 13.5 percent equity stake in a reorganized AMR. It also said labor peace would give the union more influence in talks between AMR and its creditors over how the airline would emerge from bankruptcy.

AMR has said it wants to emerge as a standalone entity, but smaller competitor US Airways Group Inc is making an aggressive push to acquire the company in bankruptcy. The pilots' union, along with the rest of AMR's unionized labor force, supports a merger.

But while Tuesday's statement acknowledged the benefits of a deal, the union is not eager to sign a new contract at any cost.

"While there is progress being made, it will only continue if it results in an industry-standard contract," Tajer told Reuters.

The union must balance its demands against economic realities. It stressed in the statement that a deal must be economically feasible for AMR because it will require support from AMR's creditors and approval by its bankruptcy court.

The sides have been in talks on a labor deal since 2006. The union voted down a tentative agreement in August, but its board went back to the negotiating table earlier this month after September flight cancellations and delays that American blamed on a slowdown campaign by pilots.

Incidents in which seats came unbolted from the floor on American flights also raised concerns about safety at the airline and made it the butt of late-night talk show jokes.

AMR is in merger talks with US Airways, although it has said it would prefer to consider a tie-up only after leaving bankruptcy. Some bondholders have expressed interest in funding a plan that would bring AMR out of bankruptcy on its own.

Power struggles can arise between creditor constituencies with differing ideas on how a company should exit bankruptcy.

One of the most powerful constituencies in AMR's case is its unsecured creditors committee, which advocates for all of the airline's unsecured creditors. The unions, which have lost faith in AMR management, including Chief Executive Officer Tom Horton, have seats on that committee and would prefer a US Airways takeover sooner rather than later. But labor discord with pilots could add uncertainty to the prospect of a smooth merger.

Tajer said on Tuesday that the union will continue to support a merger even if it signs a new contract.

A deal would save the union from having to endure unilateral work terms designed to cut costs, which AMR earlier won court approval to impose.

The case is In re AMR Corp et al, U.S. Bankruptcy Court, Southern District of New York, No. 11-15463.

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Reuters: Bankruptcy News: UPDATE 1-London black cab maker appoints PwC as administrators

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UPDATE 1-London black cab maker appoints PwC as administrators
Oct 30th 2012, 15:02

Tue Oct 30, 2012 11:02am EDT

* PwC to look at options for rescue or sale

* Talks with interested parties have already been held

* Company's future unclear since recall, sales halt

Oct 30 (Reuters) - Manganese Bronze Holdings Plc, the maker of London's famous black taxis, said it has appointed accountants PricewaterhouseCoopers to look at options including the sale of the company if funding cannot be arranged to save it.

The future of the company, which has been losing market share to Mercedes Vito taxis sold by Eco City Vehicles, has looked bleak since it was forced to halt sales and recall its latest model as a result of a steering box defect.

PricewaterhouseCoopers, as administrator, has already begun talks with several interested parties from the United Kingdom and overseas, Manganese Bronze said.

"The administrators are reviewing the group's current financial position to develop a range of options to rescue the business or alternatively dispose of its assets to an investor that can secure the future of the London taxi," it said.

Coventry-based Manganese Bronze, whose taxis have been on British streets since 1948, has reported losses since 2008.

It suspended trading in its shares earlier this month after saying its financial position was unclear after the discovery of a safety defect in its new TX4 model.

The company's two largest shareholders, China's Geely Automobile Holdings Ltd and Toscafund Asset Management, were approached for funds earlier but no agreement was reached.

Manganese Bronze shares closed at 10 pence on Oct.11, the last day they traded on the London Stock Exchange, valuing the company at about 3 million pounds ($4.81 million).

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Reuters: Bankruptcy News: Taxi maker Manganese Bronze appoints PwC as administrators

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Taxi maker Manganese Bronze appoints PwC as administrators
Oct 30th 2012, 14:01

Tue Oct 30, 2012 10:01am EDT

Oct 30 (Reuters) - Manganese Bronze Holdings Plc, maker of London's black taxi, said it appointed accounting firm PricewaterhouseCoopers as administrator as it looks to secure funding after a safety issue led to a product recall and a halt in sales.

"The administrators are reviewing the group's current financial position to develop a range of options to rescue the business or alternatively dispose of its assets to an investor that can secure the future of the London taxi," the company said.

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Monday, October 29, 2012

Reuters: Bankruptcy News: Aircraft maker Hawker Beechcraft outlines new bankruptcy plan

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Aircraft maker Hawker Beechcraft outlines new bankruptcy plan
Oct 29th 2012, 23:47

Mon Oct 29, 2012 7:47pm EDT

* Proposes to give control of company to secured creditors

* Previous plan to sell to Chinese firm fell through

By Nick Brown

NEW YORK, Oct 29 (Reuters) - Aerospace manufacturer Hawker Beechcraft Inc on Monday unveiled a bankruptcy exit plan that would give control of the company to secured creditors after a proposed sale to a Chinese firm fell through.

The Wichita, Kansas-based firm filed a disclosure statement in Manhattan bankruptcy court revealing plans to hand 81.1 percent of its new equity to senior lenders, which include Angelo Gordon & Co, Centerbridge Partners, Sankaty Advisors and Capital Research & Management. The rest of the equity would go to senior and junior noteholders, according to the filing.

The move comes 11 days after Hawker's announcement that its plan to sell itself to China's Superior Aviation Beijing Co for $1.79 billion had fallen through. Hawker said at the time that it would pursue a backup plan under which creditors would receive equity and general unsecured claims would be canceled.

Hawker CEO Steve Miller said at an Oct. 18 conference that China-bashing by U.S. presidential candidates may have contributed to the failure of the sale talks.

"Global politics may have interfered," said Miller, who had been in Beijing the previous week trying to sell the firm. Miller cited competing calls from Democrats and Republicans for toughness on China's currency policies.

The new plan should allow for Hawker to emerge as a standalone company in early 2013. The plan requires creditor and court approval, though Hawker said it already has the support of major creditors.

The company has said it would rename itself Beechcraft Corp and would likely get out of the corporate jet business, focusing on turboprop, piston, special mission and trainer/attack aircraft.

Owned by Goldman Sachs's private equity unit and Canada's Onex, Hawker went into a tailspin after the 2008 financial crisis and subsequent economic downturn. It filed bankruptcy in May with about $2.5 billion in debt, including roughly $1.8 billion under a senior credit facility.

The plan provides for a $530 million exit loan under which Hawker will be able to pay off its previous bankruptcy loan, according to the filing.

In presidential debates, Republican Mitt Romney has slammed President Barack Obama for allowing China to keep its currency at low levels to the detriment of U.S. competitiveness and trade deficits. Obama has countered that he is tougher on trade policies with China than Romney would be.

The bankruptcy is In Re Hawker Beechcraft Inc et al, U.S. Bankruptcy Court, Southern District of New York, No. 12-11873.

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Reuters: Bankruptcy News: BRIEF-Hibu says lending group CoCom supports waivers

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BRIEF-Hibu says lending group CoCom supports waivers
Oct 29th 2012, 15:58

LONDON | Mon Oct 29, 2012 11:58am EDT

LONDON Oct 29 (Reuters) - Hibu PLC : * Lending group cocom has unanimously agreed to support the waivers, subject to

credit committee approval. * No payments are expected to be made to any term loan lender under facilities

agreements dated November 30 2009 * Received correspondence from some members of 2006 lenders that they may seek

to launch litigious actions * This May include a petition for the winding-up of the relevant borrowing

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Reuters: Bankruptcy News: Serbian state bank absorbs assets, clients of Nova Agrobanka

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Serbian state bank absorbs assets, clients of Nova Agrobanka
Oct 29th 2012, 11:07

Mon Oct 29, 2012 7:07am EDT

* Postanska Stedionica to expand assets to 1 bln euros

* Nova Agrobanka's clients able to manage savings

BELGRADE Oct 29 (Reuters) - Serbia's state-run Postanska Stedionica (PS) bank took over the assets and 260,000 clients of troubled Nova Agrobanka on Monday, seeking to end a scandal that has rocked the country's financial system.

The move expands PS's assets to around 1 billion euros ($1.29 billion).

Nova Agrobanka was formed as a bridge bank in May after the collapse of Agrobanka, which lost its licence over an unaudited 2011 loss of 29.7 billion dinars ($113.4 million). The state held a 20 percent stake in Agrobanka.

In a statement posted on its website, PS said all private and corporate clients of Nova Agrobanka would be allowed to freely manage their assets and savings at all times.

"The trust and security of clients has been restored," Veroljub Dugalic, the Secretary General of Serbia's Association of Banks, told state news agency Tanjug.

Serbia's new Socialist-led government, which took power in late July, cited the scandal surrounding Agrobanka in its push to oust former Central Bank governor Dejan Soskic, who was eventually replaced by a member of the ruling coalition.

Soskic dismissed government accusations of negligence in the collapse of the bank.

A number of senior Agrobanka officials have been questioned by police on suspicion of extending loans without adequate insurance.

($1 = 0.7733 euros) (Reporting by Aleksandar Vasovic; Editing by Catherine Evans)

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Reuters: Bankruptcy News: Head of Polish PBG resigns over unit troubles

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Head of Polish PBG resigns over unit troubles
Oct 29th 2012, 11:30

Mon Oct 29, 2012 7:30am EDT

* Chief exec quits over Rafako

* Shares fall 17 pct

WARSAW Oct 29 (Reuters) - The chief executive of bankrupt Polish builder PBG quit on Monday after a dispute over control of its key unit Rafako, putting in question PBG's return to financial stability.

Mariusz Rozacki headed Rafako before replacing co-founder Jerzy Wisniewski at PBG's helm in June after it was granted bankruptcy protection.

The group ran into trouble when it was stuck with loss-making contracts from Poland's road building bonanza and had trouble financing the purchase of Rafako when one of its main lenders backed out.

By 1106 GMT, PBG shares fell 17 percent to 4.55 zlotys. The battered stock shed 93 percent this year.

"The market still had hope that a reasonable chief executive will lead the company through bankruptcy so that something would remain," said Arkadiusz Chojnacki, analyst at Ipopema Securities.

"Now this hope is much smaller," he said,

In his resignation letter addressed to Wisniewski, who heads PBG's supervisory board, Rozacki said that after a series of unauthorised transactions the company lost control over Rafako. (Reporting by Chris Borowski; Editing by Louise Heavens)

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Friday, October 26, 2012

Reuters: Bankruptcy News: UPDATE 1-A123 to seek OK for loan from Chinese auto parts maker

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UPDATE 1-A123 to seek OK for loan from Chinese auto parts maker
Oct 27th 2012, 01:04

Fri Oct 26, 2012 9:04pm EDT

By Tom Hals and Garima Goel

Oct 26 (Reuters) - Bankrupt battery maker A123 Systems Inc plans to ask for court approval for a loan from auto parts maker Wanxiang Group Corp, while Johnson Controls Inc said it would withdraw its prior loan commitment to A123.

A123, which filed for bankruptcy earlier this month, had an interim bankruptcy loan with auto parts supplier Johnson Controls. But the company revealed in a court filing on Friday that it reached agreement for a replacement loan from Wanxiang.

In a statement released late on Friday, Johnson Controls said it is withdrawing the debtor-in-possession (DIP) loan to avoid delays to the bankruptcy process.

Wanxiang's attorney had said last week that the Chinese company plans to fight Johnson Controls for the role of initial bidder.

"Johnson Controls has chosen not to be the debtor-in-possession lender during A123's bankruptcy process to avoid potential delays," Johnson Controls said in a statement.

However, Johnson Controls said that it will maintain its $125 million bid for A123's automotive assets as well as the stalking horse position.

Johnson Controls also said it plans to include A123's government business, including military contracts, to its bid.

A debtor-in-possession or DIP loan often gives the lender significant leverage over the bankrupt company, allowing the lender to demand asset sales and set timelines for conducting the bankruptcy.

In a separate disclosure earlier in the day, A123 had sought court approval for a loan from Wanxiang. The disclosure was part of an agenda for a hearing scheduled for Tuesday in the Delaware Bankruptcy Court in Wilmington.

"The debtors intend to file an emergency motion in advance of the hearing seeking approval of a replacement DIP facility with Wanxiang America Corp," A123 said in a court filing on Friday.

This could give the Chinese company an advantage over U.S. rival Johnson Controls in a takeover battle for A123.

Wanxiang has been pursuing A123 for months. The bankruptcy came after a $465 million rescue deal by the Chinese company unraveled after the U.S. battery maker was unable to meet some conditions of the agreement.

Michael Freitag, a spokesman for A123, and Bojan Guzina, a lawyer for Wanxiang, declined to comment on the disclosure.

A123, a maker of lithium-ion batteries used in hybrid and electric vehicles, had received a $249 million U.S. government grant in 2009 designed to boost the renewable energy industry.

However, the company declared bankruptcy amid a disappointing market for electric vehicles and after it had to recall battery packs made for Fisker Automotive, which made up 26 percent of A123's revenue in 2011.

Fisker on Friday objected to A123's plans to selling the company at an auction with an initial "stalking horse" bid from Johnson Controls, or JCI, for $125 million.

"The best interests of the estates, however, are not well served through a hasty and unfair sale process designed to ensure that JCI is the ultimate purchaser," Fisker said in its court filing.

It asked the court to extend bidding deadlines for 30 days.

Wanxiang would need approval from the Committee on Foreign Investment in the United States and the government of China to acquire A123.

Wanxiang's lawyer told the court earlier this month the Chinese company intended to present its own stalking horse proposal to the court next Tuesday, but that matter was postponed to Nov. 5, according to the agenda.

The case is A123 Systems Inc, Delaware Bankruptcy Court, No. 12-12859.

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Reuters: Bankruptcy News: American plans pilot 401(k) contributions as labor talks go on

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American plans pilot 401(k) contributions as labor talks go on
Oct 27th 2012, 01:20

Fri Oct 26, 2012 9:20pm EDT

* Carrier hopes for tentative contract soon

* Pilot retirement plans to freeze Nov. 1

Oct 26 (Reuters) - American Airlines, citing "good progress" in contract talks with its pilots union and hope for an agreement soon, said on Friday it would make contributions to a 401(k) plan for pilots as their retirement plans are set to be frozen.

The AMR Corp unit, which filed for Chapter 11 protection last year and is evaluating a potential merger with US Airways Group, is planning to freeze a defined-benefit plan and terminate a separate defined-contribution plan for pilots on Nov. 1.

In negotiations with the Allied Pilots Association union, the carrier has proposed replacing both plans by contributing 14 percent of pay into a new 401(k) plan.

American's Denise Lynn, senior vice president for people, said in a letter to pilots on Friday that while negotiations continue, the carrier would provide an amount equal to 11 percent of pay to a 401(k). That is the amount the pilots receive under their defined-contribution plan which is set to terminate next week.

Lynn said the move was being made in an attempt to ease pilots' uncertainty about retirement contributions when the current plans are frozen.

"These discretionary contributions will be applied against contributions to be made under the replacement retirement plan anticipated as a part of a new collective bargaining agreement," Lynn's letter said.

In the letter, Lynn also said American hopes the board of the Allied Pilots Association union would approve a tentative agreement by Nov. 1.

Such an agreement would be subject to approval by rank and file pilots and would also have to be approved by the U.S. bankruptcy court, she added.

Pilots union spokesman Dennis Tajer declined to comment on the details of American's letter. "APA continues to focus on securing an industry-standard contract that reflects the value our pilots provide to American Airlines," he said.

American and the pilots union went back to the bargaining table earlier this month after flight cancellations and delays that American blamed on a slowdown campaign by pilots. Pilots had rejected a tentative agreement that offered concessions in August, and their union has denied calling any work slowdown.

The carrier and the union, which has said it wants a contract on par with those of rivals such as Delta Air Lines, have been negotiating on a labor contract since 2006.

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Reuters: Bankruptcy News: Court hearing over West Penn Allegheny investor talks extended

Reuters: Bankruptcy News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
Court hearing over West Penn Allegheny investor talks extended
Oct 26th 2012, 23:37

PITTSBURGH | Fri Oct 26, 2012 7:37pm EDT

PITTSBURGH Oct 26 (Reuters) - A Pennsylvania judge on Friday extended a key court hearing in a dispute between troubled West Penn Allegheny Health System and insurer Highmark Inc. over a soured $475 million merger agreement.

Allegheny County Judge Christine Ward presided over two days of testimony on Thursday and Friday but still needed more time next week to hear witnesses and evidence in Highmark's bid to block West Penn from talking to other potential investors.

Ward will continue the hearing next Thursday.

West Penn says Highmark, under a new CEO, began insisting that it file for bankruptcy to reduce its debt load before Highmark would consummate the deal.

Highmark has already provided $225 million to help keep struggling West Penn afloat. West Penn issued $737 million of municipal bonds in 2007.

Each has now accused the other of breaching their agreement.

State insurance regulators suggested in a letter to Highmark that they were more likely to sign off on the merger if West Penn first filed for bankruptcy to reduce its debt, according to evidence Highmark presented at the hearing.

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Reuters: Bankruptcy News: A123 to seek approval for loan from Chinese auto parts maker

Reuters: Bankruptcy News
Reuters.com is your source for breaking news, business, financial and investing news, including personal finance and stocks. Reuters is the leading global provider of news, financial information and technology solutions to the world's media, financial institutions, businesses and individuals. // via fulltextrssfeed.com
A123 to seek approval for loan from Chinese auto parts maker
Oct 26th 2012, 21:16

By Tom Hals

Fri Oct 26, 2012 5:16pm EDT

Oct 26 (Reuters) - Bankrupt battery maker A123 Systems Inc plans to ask for court approval for a loan from auto parts maker Wanxiang Group Corp, which could give the Chinese company an advantage over a U.S. rival in a takeover battle for A123.

A123, which filed for bankruptcy earlier this month, has an interim bankruptcy loan with Johnson Controls. But the company revealed in a court filing on Friday that it reached agreement for a replacement loan from Wanxiang.

A debtor-in-possession or DIP loan often gives the lender significant leverage over the bankrupt company, allowing the lender to demand asset sales and set timelines for conducting the bankruptcy.

The disclosure was contained in an agenda for a hearing scheduled for Tuesday in the Delaware Bankruptcy Court in Wilmington.

"The debtors intend to file an emergency motion in advance of the hearing seeking approval of a replacement DIP facility with Wanxiang America Corp," said a status update in the agenda for Tuesday.

Michael Freitag, a spokesman for A123, and Bojan Guzina, a lawyer for Wanxiang, declined to comment.

Rebecca Fitzgerald, a spokeswoman for Johnson Controls, did not immediately respond to a message seeking a comment.

A123, a maker of lithium-ion batteries used in hybrid and electric vehicles, had received a $249 million U.S. government grant in 2009 designed to boost the renewable energy industry.

However, the company declared bankruptcy amid a disappointing market for electric vehicles and after it had to recall battery packs made for Fisker Automotive, which made up 26 percent of A123's revenue in 2011.

Fisker on Friday objected to A123's plans to selling the company at an auction with an initial "stalking horse" bid from Johnson Controls, or JCI, for $125 million.

"The best interests of the estates, however, are not well served through a hasty and unfair sale process designed to ensure that JCI is the ultimate purchaser," Fisker said in its court filing.

It asked the court to extend bidding deadlines for 30 days.

Wanxiang would need approval from the Committee on Foreign Investment in the United States and the government of China to acquire A123.

Wanxiang's lawyer told the court earlier this month the Chinese company intended to present its own stalking horse proposal to the court next Tuesday, but that matter was postponed to Nov. 5, according to the agenda.

Wanxiang has been pursuing A123 for months. The bankruptcy came after a $465 million rescue deal by the Chinese company unraveled after the U.S. battery maker was unable to meet some conditions of the agreement.

The case is A123 Systems Inc, Delaware Bankruptcy Court, No. 12-12859.

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Reuters: Bankruptcy News: UPDATE 1-Exit from bankruptcy boosts Central Falls, R.I. rating

Reuters: Bankruptcy News
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UPDATE 1-Exit from bankruptcy boosts Central Falls, R.I. rating
Oct 26th 2012, 19:16

Fri Oct 26, 2012 3:16pm EDT

Oct 26 (Reuters) - Moody's Investors Service upgraded its credit rating for Central Falls, Rhode Island, to B2 from Caa1 after the tiny city's emergence from Chapter 9 bankruptcy.

The credit rating agency also revised its outlook for the city to positive. The actions affect $14.7 million of outstanding general obligation bonds.

A state-appointed receiver for the city won court approval for a bankruptcy plan on Sept. 6, laying out an exit course just 13 months after its bankruptcy filing.

Central Falls' widely watched bankruptcy plan balances the city budget by slashing pensions and raising taxes, while leaving bondholders unscathed.

A Rhode Island law, passed as Central Falls' insolvency reached a crisis point, protects bondholders by giving them a priority lien on property tax revenue. The law is likely to spur Central Falls to continue making general obligation debt service payments, Moody's said.

The city is also expected to continue making full payments toward its unfunded pension liability.

The impoverished city, the smallest in Rhode Island, still faces serious financial challenges, including growing expenses, weak projected revenue growth and a small and shrinking tax base, Moody's said.

Since former Mayor Charles Moreau resigned in September and agreed to plead guilty to a federal fraud charge that he steered contracts to board up foreclosed houses to a long-time friend and political contributor.

Central Falls has scheduled a special primary election for Nov. 6 and a special election on Dec. 11 to elect a new mayor to serve the rest of Moreau's term.

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Reuters: Bankruptcy News: UK Tier 2 gets HMRC tax boost

Reuters: Bankruptcy News
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UK Tier 2 gets HMRC tax boost
Oct 26th 2012, 15:58

By Helene Durand

Fri Oct 26, 2012 11:58am EDT

LONDON, Oct 26 (IFR) - UK banks' use of subordinated debt was given a boost on Friday after the Financial Secretary to the Treasury Greg Clark said existing and future Tier 2 instruments would be tax-deductible.

The news will likely be greeted with relief by banks who have refrained from issuing this type of debt in recent months for fear that it would fall foul of the tax man.

Tax-deductibility is one of the most important considerations that borrowers take into account when looking at issuing debt instruments as it inherently makes debt a more attractive financing option.

A release by the HMRC in June after a long consultation with the industry shed little light on bank capital instrument tax treatment and many practitioners frustrated.

However, in a written statement, Clark said future Tier 2, and instruments already in issue would be tax-deductible to be consistent with the tax treatment provided in other countries.

New regulations governing Tier 2 instruments will include language that they may be subject to a regulatory requirement to be either written down or converted to share capital at the point at which a bank nears insolvency.

Clark said changes to existing tax legislation would ensure that the tax treatment of banks' Tier 2 capital instruments would be unaffected by this requirement.

"This clarification will ensure that the coupon on Tier 2 capital which is already in issue or yet to be issued will be deductible for the purposes of a bank computing its profits for corporation tax purposes," he said.

"This will provide banks and investors with the certainty they need regarding the issuance of new Tier 2 capital instruments that banks need to issue now and in the future to replace existing instruments as they reach their maturity date and to meet their regulatory requirements."

Market participants now hope this interpretation could also apply to Tier 1 instruments.

"No statement on or reference to Tier 1 instruments has been made but we are of the view that the read-across is positive mainly because of the rationale quoted by the UK Government (international competitiveness) which would, to a lesser extent, also apply to Tier 1," Nomura wrote in a note on Friday. (Reporting by Helene Durand; editing by Alex Chambers)

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