Saturday, August 31, 2013

Reuters: Bankruptcy News: Power plant operator Longview Power files for bankruptcy

Reuters: Bankruptcy News
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Power plant operator Longview Power files for bankruptcy
Aug 30th 2013, 06:17

Fri Aug 30, 2013 2:17am EDT

Aug 30 (Reuters) - Longview Power LLC filed for Chapter 11 bankruptcy along with certain of its affiliates, a court filing showed, as the U.S. power plant operator aims to restructure its debts to gain financial and operational flexibility.

Longview Power, majority-owned by First Reserve Corp, a private investment firm, listed liabilities and assets of more than $1 billion, a court filing showed.

"The company has been in consensual negotiations with our senior lenders toward a Chapter 11 plan to maximize value. We remain confident that the company and our lenders will reach an agreement on the terms of a Chapter 11 plan in the near term," Chief Executive Jeffery Keffer said.

Longview said there will be no interruption to its business and employees will not be affected by the Chapter 11 filing.

Longview Power's coal-fired facility in Maidsville, West Virginia, has a capacity to generate about 700 megawatts of electrical power.

The company has engaged Lazard Ltd as its investment banker and Alvarez & Marsal North America LLC as its restructuring advisor.

Longview is represented by Kirkland & Ellis LLP, as primary restructuring counsel, and Dentons US LLP for all issues related to company's pending arbitration proceedings.

The case is in re Longview Power LLC, Case No. 13-12211, U.S. Bankruptcy Court, District of Delaware.

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Reuters: Bankruptcy News: UPDATE 1-Power company Longview seeks bankruptcy, blames Siemens

Reuters: Bankruptcy News
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UPDATE 1-Power company Longview seeks bankruptcy, blames Siemens
Aug 30th 2013, 15:37

Fri Aug 30, 2013 11:37am EDT

By Tom Hals and Sakthi Prasad

Aug 30 (Reuters) - Longview Power LLC filed for Chapter 11 bankruptcy on Friday and blamed a unit of Germany's Siemens AG for glitches at Longview's $2 billion West Virginia power plant that left it unable to pay its debts.

The coal-fired plant in Maidsville has a capacity to generate about 700 megawatts of electrical power and was among the largest construction projects in West Virginia's history. However, it has been plagued by construction delays and legal problems since it was proposed more than a decade ago.

Longview said there will be no interruption to its business and employees will not be affected by the Chapter 11 filing.

The plant was funded by a $1 billion equity investment by First Reserve Corp, a private equity firm focused on energy, and about $1 billion in debt. About $557 million in debt matures in February, according to documents filed in the U.S. Bankruptcy Court in Delaware.

The bankruptcy filing was aimed at preventing a default on an interest payment due Friday, which in turn would have caused a default on a $59 million letter of credit.

"The company has been in consensual negotiations with our senior lenders toward a Chapter 11 plan to maximize value. We remain confident that the company and our lenders will reach an agreement on the terms of a Chapter 11 plan in the near term," Chief Executive Jeffery Keffer said in a statement.

The company blamed its bankruptcy primarily on what it called the failures by the contractors which built the plant, delaying its opening by nine months and limiting the plant's capacity. Siemens Energy led a team that also included units of Foster Wheeler AG and Kvaerner ASA of Norway.

Siemens and Foster Wheeler did not immediately respond to a request for comment. Kvaerner could not be reached for comment, but said in its annual report that construction delays were caused by changes to the project and the supply of services and materials.

The legal disputes are currently before an arbitration panel, but Keffer said in court documents the company plans to seek an expedited hearing on the disputes in the bankruptcy court.

The company also blamed the sharp decline in wholesale electricity prices that have caused other power producers such as Dynegy to seek bankruptcy.

In addition to Longview Power, 12 affiliates also filed for bankruptcy protection, including the company's Mepco coal business which owns or operates four mines in West Virginia and Pennsylvania. The mines produce about 4 million tons of coal annually, according to court records.

Coal prices have been falling due to a boom in natural gas drilling.

GenPower Holdings is Longview's ultimate parent.

The company has engaged Lazard Ltd as its investment banker and Alvarez & Marsal North America LLC as its restructuring advisor.

Longview is represented by Kirkland & Ellis LLP, as primary restructuring counsel, and Dentons US LLP for all issues related to company's pending arbitration proceedings.

The case is in re Longview Power LLC, Case No. 13-12211, U.S. Bankruptcy Court, District of Delaware.

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Reuters: Bankruptcy News: UPDATE 4-Countdown begins to U.S. airline merger trial in November

Reuters: Bankruptcy News
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UPDATE 4-Countdown begins to U.S. airline merger trial in November
Aug 30th 2013, 21:51

Fri Aug 30, 2013 12:10pm EDT

By David Ingram and Diane Bartz

WASHINGTON Aug 30 (Reuters) - A federal judge on Friday set a tentative Nov. 25 trial date in the U.S. government's legal challenge to an American Airlines merger with U.S. Airways.

Judge Colleen Kollar-Kotelly, who will try the case without a jury, announced the date at a hearing in U.S. District Court.

The U.S. Justice Department had asked for a March trial. The airlines had been pushing for November because holding a deal together for months puts a strain on the parties. During the merger review and challenge process, the companies say they are essentially in limbo, unable to merge but unable to make independent long-range plans.

"March 3, I think, is too far off. It needs to be a tighter, expedited schedule," the judge said in court.

The Justice Department filed a lawsuit in mid-August to block the deal, which would create the world's biggest air carrier. The government said the merger would lead to higher prices for customers, while the companies said it would make them more competitive and strengthen the market.

In its initial complaint, the department focused on Ronald Reagan National Airport, outside Washington, D.C., where the two companies control a combined 69 percent of takeoff and landing slots. It also listed more than 1,000 city pairs where the two airlines dominate the market.

Lawyers for the two sides said the trial was expected to last 10-12 business days. The judge will appoint a special master to help the discovery process move along faster. She set the next status conference for Oct. 1.

The Justice Department plans to call about 15 witnesses and the airlines plan to call approximately six. The department proposes conducting depositions of as many as 50 people. The airlines said they want to depose about 10 people. Lawyers said they could exchange millions of documents.

The case at the U.S. District Court for the District of Columbia is No. 1:13-cv-012346-CKK.

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Reuters: Bankruptcy News: UPDATE 1-Judge in American/US Airways merger wants trial before March

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UPDATE 1-Judge in American/US Airways merger wants trial before March
Aug 30th 2013, 16:57

Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests.

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Reuters: Bankruptcy News: RPT-INSIGHT-Batista's Brazilian empire was sunk by more than hubris

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RPT-INSIGHT-Batista's Brazilian empire was sunk by more than hubris
Aug 30th 2013, 10:59

By Jeb Blount

RIO DE JANEIRO | Fri Aug 30, 2013 12:59am EDT

RIO DE JANEIRO Aug 30 (Reuters) - Fifteen months ago, OGX Petróleo chief executive Paulo Mendonça was confident that the company he led was on track to become a major independent oil producer, an anchor for Eike Batista's vast Brazilian resource empire.

In an interview with Reuters at a Rio de Janeiro office block, Mendonça showed off bowls of pungent crude oil from OGX's first field, Tubarão Azul, or "Blue Shark," and brushed aside concerns about its operations in the waters northeast of Rio.

Sure, there had been some hiccups, but they were being fixed. Shares of OGX Petróleo e Gás Participações SA - the flagship of Batista's EBX Group - had dropped by a third from recent highs but Brazil's main stock index and other oil companies were also falling. Everything was fine, Mendonça suggested.

Then, almost in passing at the end of the one-hour interview, he dropped a bombshell: Tubarão Azul was producing only 17,000 barrels of oil and natural gas equivalent a day (boepd), and a year-end goal of 40,000 to 50,000 boepd was going to take "longer than expected."

The admission that OGX had fallen well behind its forecasts was a crucial moment in the demise of the much-hyped energy company - the first domino to fall in the rapid collapse of Batista's EBX oil, energy, shipbuilding, mining and port group.

OGX shares slumped 8.4 percent the following day as investor confidence evaporated. They had dropped another 50 percent - erasing $10.4 billion of shareholder value - by the time Mendonça resigned a month later.

Since then, things have gotten worse for Batista. Hit by mounting debt, a series of project delays and a crisis of confidence, his six publicly listed companies have suffered one of the most spectacular corporate meltdowns in recent history.

The Brazilian billionaire, who dismissed his critics as he sold investors on the promise of OGX's oil discoveries, was also EBX's biggest investor. He pumped billions into the group's companies even as share prices plunged by as much as 90 percent.

His own fortune - the world's seventh-biggest last year, according to Forbes - has declined by more than $25 billion over the past 18 months.

OGX's failure - and the subsequent unraveling of EBX - reflects Batista's initial success in overselling investors on oil discoveries that proved to be more difficult to recover than they expected.

But the story is not so simple. His empire also fell victim to the sudden end of both the global commodities boom and a wild exuberance for emerging markets - two forces that attracted investors to Batista's vision.

"Was there hubris? Was there selling a dream with little regard for the real risks? Sure," said Aldo Musacchio, associate professor at Harvard Business School in Boston. "But at the same time it was more than that. A lot of the people who invested with Batista were not fools, and his rise and fall has followed that of Brazil."

Batista agrees, to a point. In a July 19 letter published in two Brazilian newspapers, he said his empire's implosion all began with OGX. The company, he wrote, "is the origin of the crisis of credibility that has hurt my name and resulted in the clouding of the accomplishments and conquests" of EBX.

Batista stressed he was not alone in believing that OGX would succeed: "I had offers to sell a large or even controlling stake in OGX based on a $30 billion valuation." When he wrote the letter, OGX was worth $723 million.

Delcídio Amaral, a former gas and energy chief at Petroleo Brasileiro SA, the Brazilian state-led oil producer known as Petrobras, said there was no doubt Batista believed the oil was in the ground.

"He was well intentioned but wrong," said Amaral, who is now a Brazilian senator. "Nobody spends billions of dollars to build offshore oil-production ships if you're trying to pull the wool over people's eyes. It would be insane."

Batista, OGX and other companies of EBX Group have denied repeated requests to make executives available to discuss the reasons for group's decline and its efforts to reorganize.

APPEARANCE OF SUCCESS

When Batista raised $4.11 billion in OGX's initial public offering in June 2008, interest in Brazil was feverish.

Petrobras had just made giant offshore oil discoveries and Brazil was expected to become one of the world's top five oil producers by 2020.

Record demand from China drove up the price of Brazilian soybeans, iron ore, coffee, sugar and other commodities. Oil rose to an all-time high. EBX had also just sold most of its first listed company, iron ore producer MMX Mineração e Metálicos SA, to Anglo American Plc for $6.65 billion, enriching Batista and his investors.

That sale, said Elpidio Reis, a former executive with global miner Rio Tinto Plc, blinded many to the real risks of investing in Brazil generally and with Batista particularly.

Shadows of OGX's troubles were lurking in that deal. In January, Anglo American took a $4 billion writedown on the Minas-Rio iron ore project it had bought from Batista. After years of delays and costs that ballooned to $13 billion, Anglo American said it expects to start output in late 2014 at less than a third of its original target.

"Minas-Rio wasn't a dream. It was a risky project that Anglo American paid too much for," Reis said. "When Batista sold it for billions, people thought he could do the same with oil."

Like that project, OGX looked like a winner at first. Its IPO in June 2008 was Brazil's biggest ever at the time. A year later, it drilled its first well and a month after that it struck its first oil.

A former Brazilian finance minister, a former energy minister and a former chief justice of Brazil's supreme court joined the OGX board, bolstering the credibility of the polyglot, European-educated "Brazilianaire".

Major support came from the conservative, $124-billion Ontario Teachers' Pension Plan. Pacific Investment Management Co, the world's largest bond fund, bought $500 million of OGX debt.

In early 2010, OGX's fleet of drill ships was making more successful offshore oil strikes than Petrobras. In 15 months, IPO investors had nearly doubled their money.

'FANTASTICAL' PROJECTIONS

DeGolyer & MacNaughton (D&G), a Dallas-based certification company, estimated OGX's potential resources at 10.8 billion barrels of oil and natural gas equivalent. That would have been enough - if OGX could figure out how to get it out of the ground - to supply all U.S. oil needs for more than a year and a half.

OGX estimated it would produce 1.4 million barrels a day by 2019, equivalent to 70 percent of Brazil's output, or about half of the output of Venezuela, a founding member of OPEC.

Already Brazil's richest man, Batista bragged he would surpass Bill Gates, Warren Buffett and Mexico's Carlos Slim to become the world's wealthiest person. Today he does not even make Forbes' top 100 list.

"It all seems fantastical now, but you have to understand that back then, everybody wanted to invest in Brazilian oil. Petrobras had made huge discoveries and unless you wanted to invest in a complicated state-run company, the only way to get a piece was to buy OGX," Musacchio said.

The D&G estimate, seen by some as a sign that OGX was a low-risk investment, implied nothing of the sort. OGX filings and reports were clear: the D&G estimate defined the resource potential only, not recoverable oil reserves.

Critics say Batista misled investors by implying the D&G estimate was low, playing up any good news and portraying OGX in patriotic terms.

"We all know the stock market is a bit of a casino, but you want the odds to be clear," said João Fontoura, a Joinville, Brazil, lawyer organizing OGX investors for a class-action civil lawsuit. "OGX's language was strange, full of complex geological ideas mixed with the idea investing helped Brazil. We think OGX provided an overly optimistic outlook."

Hopes were certainly high: Batista expected initial production at Tubarão Azul would reach 20,000 boepd, output worth about $2 million a day at current prices. Mendonça had expected output to peak at 80,000 boepd.

In its first 16 months, though, Tubarão Azul averaged just 9,389 boepd and OGX plans to shut the field next year because output cannot pay for operations. Average monthly output never surpassed 13,200 boepd, nearly a quarter below Mendonça's May 2012 flow figure. It was 6,800 boepd in May.

Oil engineers with knowledge of Batista's plans say that in the rush to reach first production, reservoir testing at Tubarão Azul was limited. That reduced the information available to plan how to extract oil from the hard, carbonate rock formations where it was trapped far below the seabed.

Brazil's oil regulator, the ANP, never even approved a final development plan for lack of complete data from OGX. The ANP said it can allow production without a final development plan, but declined to say what data OGX lacked.

FEARFUL SYNERGIES

The consequences of Tubarão Azul's failure quickly spread because of the close links between EBX Group companies.

EBX shipbuilder OSX Brazil SA was formed to build and lease a fleet of offshore oil vessels for OGX. Power producer MPX Energia SA is developing gas fields with OGX in Brazil's northeast. Port operator LLX Logística SA is home to OSX's shipyard, a place to store and process OGX oil and to ship Anglo American's iron ore.

"Among the mistakes Batista and his investors made was to see links between the EBX companies as a strength rather than a risk," said Paulo Rabello de Castro, president of SR Rating, a Brazilian credit ratings agency. "When OGX's promise turned out to be an illusion, those links became a liability very fast."

With his shares increasingly worth less and most of his own wealth invested in his companies, Batista's ability to help finance his "low-or-no-revenue" start-ups vanished, forcing him to seek new investors and give up control of MPX and LLX. He now plans to sell OSX stock to raise cash. Several times, when investor confidence faltered, Batista borrowed to invest more.

Batista may also have been hurt by Brazil's efforts to help his and other companies weather the 2008 U.S. financial crisis and the world economic slowdown that followed.

As Brazilian stocks, currency and bonds plunged, EBX stocks briefly fell to levels that were only broken this year. EBX was one of the main beneficiaries of cheap capital that Brazil's government pumped into the economy to fight the downturn.

Brazil's state-led development bank BNDES eventually committed 10.4 billion reais ($4.14 billion) of loans to EBX companies at subsidized rates. Only 6 billion reais of that have been given to EBX so far, the bank said on Tuesday.

BNDES declined to say why it has disbursed less than the full approved amount, citing banking secrecy laws, but said many loans are doled out over several years.

In Batista, the government was pursuing its then-fashionable strategy of creating "national champions" while making up for delays in its own infrastructure projects. It encouraged Batista to speed up just as Brazil's boom was about to end.

Brazil's economy grew 7.5 percent in 2010, consolidating its reputation as a global success story. OGX and other EBX companies rebounded from lows to new highs that year.

Batista and Brazil, though, have struggled since. As China slows, commodity prices are falling. In the last year Brazil's Bovespa stock index was the worst performer among the world's 28 largest indexes and the only one to fall in the period.

"Nothing could have been worse for him," SR Rating's Rabello de Castro said. "Just when Batista should have been cutting back, trying to limit expansion, complete what he started, the government gave him cheap credit to expand even more." (Editing by Kieran Murray and Jim Loney)

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Reuters: Bankruptcy News: Michigan governor seeks to dodge deposition in Detroit bankruptcy case

Reuters: Bankruptcy News
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Michigan governor seeks to dodge deposition in Detroit bankruptcy case
Aug 30th 2013, 23:13

By Joseph Lichterman and Bernie Woodall

DETROIT | Fri Aug 30, 2013 7:13pm EDT

DETROIT Aug 30 (Reuters) - Michigan Governor Rick Snyder and other state officials are seeking to avoid being questioned by Detroit worker and retiree unions in the city's bankruptcy case, according to a motion filed on Friday.

Attorneys for the state, in a motion to quash depositions of Snyder, Michigan Treasurer Andy Dillon and others, said they would not be able to offer testimony relevant to the issue of whether Detroit is eligible to enter Chapter 9 protection.

The depositions, if they occur, would happen ahead of the late October start to hearings before U.S. Bankruptcy Judge Steven Rhodes on the eligibility issue.

The city filed the largest-ever municipal bankruptcy in U.S. history on July 18. Snyder, a Republican, had to approve a request from Orr to file for bankruptcy protection.

Ed McNeil of the American Federation of State, County and Municipal Employees Local 25 in Detroit, called Snyder's attempt to dodge being questioned "a cowardly attempt to hide behind a malicious legal maneuver."

The eligibility argument will focus on whether Detroit is insolvent, whether the city negotiated in good faith with its creditors, whether there were too many creditors to make negotiations feasible, and whether Detroit's bankruptcy petition of was filed in bad faith.

"The eligibility determination was made - and could only be made - by the city of Detroit and Emergency Manager Kevyn Orr," the state's motion said.

But McNeil said, "Every step of the way Governor Snyder has tried to stack the deck in his favor. He has blocked all opportunity for meaningful negotiations and mediation. Today's move is another attempt to bend the rules."

The state said the governor's reasoning for allowing the filing were laid out in a public letter Snyder wrote to Orr authorizing the city to seek bankruptcy protection.

It also argued that any request for discovery from state officials should be made after Orr and other city officials are deposed because "there has been no showing that the state officials were involved in any relevant eligibility determinations made prior to the filing of the petition."

Orr was deposed on Friday, but not on the question of the city's eligibility to file for bankruptcy protection.

Orr was deposed by attorneys representing objectors to a proposed deal that would terminate interest-rate swap agreements on casino tax revenue, which were used to hedge interest-rate exposure on some of the city's pension debt, at a discounted rate of as much as 25 percent, saving the city more than $70 million. (Reporting by Joseph Lichterman; Editing by Lisa Shumaker)

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Wednesday, August 28, 2013

Reuters: Bankruptcy News: Pilgrim's Pride wins reversal of chicken price-fixing award

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Pilgrim's Pride wins reversal of chicken price-fixing award
Aug 27th 2013, 23:47

Tue Aug 27, 2013 7:47pm EDT

* 5th Circuit overturns $25 million damages award

* Plant closure deemed legitimate response to overproduction

By Jonathan Stempel

Aug 27 (Reuters) - Pilgrim's Pride Corp, one of the world's largest chicken producers, persuaded a federal appeals court to overturn a damages award of more than $25 million to several dozen contract poultry growers that accused it of violating antitrust law by trying to manipulate poultry prices.

A panel of the 5th U.S. Circuit Court of Appeals in New Orleans said on Tuesday a federal magistrate judge erred in finding that Pilgrim's Pride's decision to idle a chicken processing plant in El Dorado, Arkansas, in May 2009 and end contracts with the growers was motivated by a desire to control prices.

The two-judge panel said the closure was "neither illegitimate nor anti-competitive" given that Pilgrim's Pride had been driving down prices by producing too much, and "wisely" decided to stop flooding the market with unprofitable chicken.

It also said a unilateral attempt to raise prices is not in itself inherently anti-competitive.

"PPC's conduct was merely the legitimate response of a rational market participant to changes in a dynamic market," the panel said in an unsigned decision. "If a firm inadvertently overproduces a good and drives down prices, it does not break the law by cutting production so that prices may recover."

Mark Brodeur, a lawyer for the growers, did not immediately respond to requests for comment. A Pilgrim's Pride spokeswoman, Rosemary Geelan, did not immediately respond to similar requests.

Pilgrim's Pride shut the plant five months after filing for bankruptcy protection in December 2008, amid rising feed costs and low meat prices. The Greeley, Colorado-based company emerged from Chapter 11 in December 2009, and is now majority-owned by Brazilian meat company JBS SA.

Tuesday's decision overturned a December 2011 ruling by U.S. District Judge David Folsom in the Eastern District of Texas, which largely upheld a ruling on damages three months earlier by U.S. Magistrate Judge Charles Everingham.

The case is Pilgrim's Pride Corp v. Agerton et al, 5th U.S. Circuit Court of Appeals, No. 12-40085.

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Tuesday, August 27, 2013

Reuters: Bankruptcy News: Liquidated Irish bank seeks U.S. creditor protection

Reuters: Bankruptcy News
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Liquidated Irish bank seeks U.S. creditor protection
Aug 27th 2013, 17:47

DUBLIN | Tue Aug 27, 2013 1:47pm EDT

DUBLIN Aug 27 (Reuters) - The liquidation vehicle for Ireland's failed Anglo Irish Bank has filed for bankruptcy protection in the United States, it said on Tuesday.

The Irish Bank Resolution Corporation's (IBRC) liquidators said they filed an application under Chapter 15 of the U.S. bankruptcy code in the district of Delaware on Monday.

Chapter 15 grants a foreign company protection from creditors looking to seize its assets in the country.

"These assets form part of the liquidation process currently underway," the liquidators said in a statement.

Anglo Irish Bank was wrecked in 2008 when a property bubble burst after years of reckless lending and sparked more public anger in June when a newspaper published phone conversations of executives laughing at being rescued by the government.

The bank eventually cost taxpayers some 30 billion euros in the financial crisis, almost one-fifth of the country's annual output, and three former executives will go on trial next year on fraud charges.

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Reuters: Bankruptcy News: UPDATE 1-Judge speeds hearing on Detroit bankruptcy eligibility

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UPDATE 1-Judge speeds hearing on Detroit bankruptcy eligibility
Aug 27th 2013, 19:58

Tue Aug 27, 2013 3:58pm EDT

By Joseph Lichterman

DETROIT Aug 27 (Reuters) - The federal judge overseeing Detroit's bankruptcy filing is accelerating the already hurried process of determining whether the city is eligible for protection from its creditors.

Judge Steven Rhodes ordered late Monday that initial oral arguments in the case begin on Sept. 18, well ahead of the Oct. 23 date he originally scheduled for the start of the trial on the issue of eligibility.

Detroit filed the largest municipal bankruptcy in U.S. history on July 18. Kevyn Orr, Detroit's state-appointed emergency manager, has said he wants the city to be out of bankruptcy court by the time his term as emergency manager is scheduled to end in the fall of 2014.

Monday's order was the latest sign that Rhodes wants to set an aggressive timetable to move the city through bankruptcy court.

"A prompt oral argument on these legal issues will promote just, speedy and efficient determination of the city's eligibility to be a debtor" under the bankruptcy code, Rhodes wrote on Monday.

Rhodes also said he would delay hearing objections to the bankruptcy that center on potential cuts to retiree pensions, which unions and retiree groups argue are protected by the Michigan state constitution.

The judge wrote in his order that he "appreciates the extraordinary importance of the pension rights," but he will not consider arguments about potential cuts to pensions until after he decides whether the city is eligible for bankruptcy.

The eligibility argument will center on whether Detroit is insolvent, whether the city negotiated in good faith with its creditors, or whether there were too many creditors to make negotiations feasible.

The bankruptcy code requires only that Detroit's emergency manager, Kevyn Orr, prove that the city is insolvent, Rhodes wrote, adding that the city does not need to "prove that any particular plan that it might later propose is confirmable."

Bill Nowling, Orr's spokesman, said Tuesday that delaying a decision on the pension funds until the city has filed a restructuring plan with the court was appropriate.

"We think the judge is absolutely right to say that that's a plan of adjustment issue and should be litigated during that phase of the proceedings."

Laura Bartell, a law professor and bankruptcy expert at Wayne State University in Detroit, said the judge's decision to postpone discussion of the pension issues was "logical."

In a June 14 report to the city's creditors, Orr said unsecured creditors, including pension funds, will receive a pro rata share of $2 billion of notes the city would issue and pay off as its financial circumstances improve.

City workers and retirees would also face changes to their pensions and health care coverage "consistent with available funding," Orr said at the time, which was before the city filed for bankruptcy.

Creditors filed 109 objections to the city's bankruptcy before the deadline last week. In their objections, unions and the city's two public pension funds made similar arguments, claiming a bankruptcy filing will lead to an unconstitutional reduction in retirement benefits.

The Sept. 18 hearing will be used to hear arguments on legal issues in the case raised by city labor unions and others, including the constitutionality of Chapter 9 municipal bankruptcy and of the Michigan law that allowed the city to file for bankruptcy.

The American Federation of State, County and Municipal Employees Council 25, in its filing with the U.S. Bankruptcy Court in Detroit, argued that Chapter 9 encroaches on states' rights.

AFSCME, as well as the United Auto Workers and the city's two retirement systems, also claimed that the state law Gov. Rick Snyder used to appoint Orr violated the state constitution.

AFSCME's Ed McNeil, the chief negotiator for a coalition of 33 unions that represent most of the service workers for the city, said in a statement that the union is concerned about the hasty schedule.

McNeil added that "the order does not prohibit us from making constitutional arguments or arguments about the pensions at the September 18 hearing."

Arguments objecting to the underlying facts in the case, such as whether the city negotiated with creditors in good faith, will be heard on Oct. 23, as originally planned.

AFSCME and the organizations representing retired Detroit police officers and firefighters also argued that Detroit has not proven it is insolvent and has not negotiated in good faith with its creditors.

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Reuters: Bankruptcy News: Judge speeds up hearing on Detroit's eligibility for bankruptcy

Reuters: Bankruptcy News
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Judge speeds up hearing on Detroit's eligibility for bankruptcy
Aug 27th 2013, 14:15

By Joseph Lichterman

DETROIT | Tue Aug 27, 2013 10:15am EDT

DETROIT Aug 27 (Reuters) - The federal judge overseeing Detroit's bankruptcy is accelerating the already hurried process of determining whether the city is eligible for protection from its creditors.

Judge Steven Rhodes ordered late Monday that the initial oral arguments in the case will begin on Sept. 18, well ahead of the Oct. 23 date he originally scheduled for the start of the trial on the question of eligibility.

Rhodes also said on Monday that he would delay hearing objections to the bankruptcy that center on potential cuts to city employee and retiree pension rights, which unions and retiree groups argue are protected by the Michigan state constitution.

The judge wrote in his order that he "appreciates the extraordinary importance of the pension rights," but he will not consider arguments about potential cuts to pensions until after he decides whether the city is eligible for bankruptcy.

The eligibility argument will center on whether Detroit is insolvent, whether the city negotiated in good faith with its creditors, or whether there were too many creditors to make negotiations feasible.

The bankruptcy code requires only that Detroit's emergency manager, Kevyn Orr, prove that the city is insolvent, Rhodes wrote, adding that the city does not need to "prove that any particular plan that it might later propose is confirmable."

Creditors filed 109 objections to the city's bankruptcy before the deadline last week. The Sept. 18 hearing will be used to hear arguments on legal issues in the case raised by city labor unions and others, including the constitutionality of Chapter 9 municipal bankruptcy and of the Michigan law that allowed the city to file for bankruptcy.

Arguments objecting to the underlying facts in the case, such as whether the city negotiated with creditors in good faith, will be heard on Oct. 23 as originally planned.

Detroit filed the largest municipal bankruptcy in U.S. history on July 18. Orr has said he wants the city to be out of bankruptcy court by the time his term as emergency manager possibly ends in the fall of 2014.

Monday's order is the latest sign that Rhodes wants to set an aggressive time table to move the city through bankruptcy court.

"A prompt oral argument on these legal issues will promote just, speedy, and efficient determination of the city's eligibility to be a debtor" under the bankruptcy code, Rhodes wrote on Monday.

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Monday, August 26, 2013

Reuters: Bankruptcy News: U.S. court reverses ruling on Sentinel loan in blow to BNY Mellon

Reuters: Bankruptcy News
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U.S. court reverses ruling on Sentinel loan in blow to BNY Mellon
Aug 26th 2013, 23:58

By Tom Polansek

CHICAGO | Mon Aug 26, 2013 7:58pm EDT

CHICAGO Aug 26 (Reuters) - Bank of New York Mellon Corp may have to get in line behind former customers of Sentinel Management Group who are seeking to recoup money lost in the futures broker's 2007 collapse, a U.S. appeals court ruled on Monday.

The U.S. Court of Appeals for the Seventh Circuit in Chicago reversed part of a ruling by U.S. District Judge James Zagel and said he must revisit the case. Zagel had previously put the bank ahead of Sentinel's former clients.

If Zagel agrees with the appeals court's decisions, the bank may have to return about $312 million to Sentinel's bankruptcy trustee for distribution to former clients, according to a lawyer for trustee Frederick Grede.

Monday's decision is a "big victory for the protection of customers and customer funds," Grede said. Sentinel was based in a Chicago suburb.

Kevin Heine, a spokesman for Bank of New York Mellon, said the bank had no immediate comment.

Sentinel largely managed money for other futures brokers, delivering outsized returns that Grede said were boosted by improperly using customer money to secure loans that funded risky trades.

The scheme unraveled when the credit crisis began in the summer of 2007.

Grede alleged that the broker pledged hundreds of millions of dollars in customer assets to secure an overnight loan at Bank of New York Mellon, leaving the bank in a secured position but Sentinel's customers with losses of millions.

Futures brokers are required to keep customers' funds in dedicated accounts to protect them from being used for anything other than client business.

At Sentinel, customer funds were allegedly moved from the protected accounts to other accounts so they could be used as collateral for loans to Sentinel's own trading operations.

Former customers of the firm have received back about 35 percent of the $600 million that was missing when Sentinel collapsed, said Chris Gair, a lawyer for the trustee. The appeals court's decision shows that the requirement to keep customer funds segregated "really has teeth," he said.

Since Sentinel's collapse, the futures industry has been rattled by the bankruptcies of two more brokers: MF Global in 2011 and Peregrine Financial Group in 2012. The heads of both firms were alleged to have improperly used customer money.

The case is Frederick Grede v. Bank of New York Mellon Corp., in the U.S. Court of Appeals for the Seventh Circuit, no. 10-3787.

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