Friday, November 8, 2013

Reuters: Bankruptcy News: China's CIMC buys German fire-fighting truckmaker Ziegler

Reuters: Bankruptcy News
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China's CIMC buys German fire-fighting truckmaker Ziegler
Nov 8th 2013, 12:43

FRANKFURT Fri Nov 8, 2013 7:43am EST

FRANKFURT Nov 8 (Reuters) - Cash-strapped German fire-fighting vehicles maker Albert Ziegler GmbH & Co has been sold to China International Marine Containers Group (CIMC) .

Ziegler, which filed for insolvency in 2011, was bought for 55 million euros ($74 million), the company said on Friday, adding that all 1000 jobs will be preserved.

"The Chinese CIMC group has extensive experience in the business of commercial and special vehicles and provides an ideal base for the expansion of Ziegler's international business," said Bruno Kuebler, senior partner at insolvency lawfirm Kuebler said.

Ziegler makes specialised fire trucks for airports as well as electrical tunnel rescue vehicles with driving cabs facing in both directions. CIMC produces, among others, transportation vehicles for liquids, cement and refrigerated goods.

"Ziegler can now have access to a significant technical expertise and a vast international sales and distribution network, which none of the competitors can only begin to compare with", Kuebler said.

Ziegler, based in Giegen an der Brenz, Germany, was put up for sale after it filed for insolvency following the imposition of an anti-trust fine for participating in a fire-truck procurement cartel.

China has a five-year development plan that puts emphasis on industries such as high-end manufacturing equipment, information technology, alternative energy, biotechnology, advanced materials and environment-friendly technologies.

In August last year, Shandong Heavy Industry Group took a 25 percent stake in Kion Group, giving China access to industrial technology from the world's number two fork lift truck maker.

In 2011, Sany Heavy Industry bought concrete pumps maker Putzmeister. It too kept German management in place and said Putzmeister would become a new international distribution hub outside China for concrete machinery. ($1 = 0.7472 euros) (Reporting by Edward Taylor; Editing by Greg Mahlich)

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Thursday, November 7, 2013

Reuters: Bankruptcy News: Detroit did not negotiate pre-bankruptcy - financial adviser

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 
Detroit did not negotiate pre-bankruptcy - financial adviser
Nov 7th 2013, 21:58

By Joseph Lichterman

DETROIT | Thu Nov 7, 2013 4:58pm EST

DETROIT Nov 7 (Reuters) - The financial adviser for Detroit's two pension funds testified in federal court on Thursday that the city did not negotiate prior to filing the largest municipal bankruptcy in U.S. history in July.

The adviser's testimony came on the eighth day of an eligibility trial as Detroit tries to prove to U.S. Bankruptcy Judge Steven Rhodes that it is insolvent and that it acted in good faith when it deemed negotiations were just impractical.

"In your judgment, did any negotiations take place between the city and the retirement systems prior to the Chapter 9 filing?" pension fund attorney Ron King asked Bradley Robins, who is advising the funds.

"No," said Robins, who heads Greenhill & Co's financing advisory & restructuring for North America.

Lawyers for the city, the unions, the retirees and the pension funds opposed to the bankruptcy are set to begin their closing arguments on Friday.

Rhodes' decision on whether the city, which has more than $18 billion in debt and liabilities, is eligible for municipal bankruptcy could come later this month.

Robins said he viewed a June 14 city report, which proposed offering unsecured creditors, including the pension funds, pennies on the dollar "as a shot across the bow."

"I took it as the city putting the creditors on notice that it wanted to begin the process of wanting to have a discussion," he said.

But Robins said no negotiations transpired, despite a handful of meetings between the creditors and the city before it filed for bankruptcy on July 18.

He added that there was not enough time to fully evaluate the city's financial data between the June 14 proposal and the filing date.

City attorneys countered that Robins never spoke up during meetings leading up to the bankruptcy filing where the city's plans to cut pension and retiree healthcare benefits were discussed.

Lawyer Thomas Cullen, who represents the city, pushed Robins over whether he even had authority to negotiate on behalf of the pension funds.

"So you never offered the city any finite negotiation path?" Cullen asked.

"That is correct," Robins replied.

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Reuters: Bankruptcy News: China's ailing solar panel makers see the light, on a farm

Reuters: Bankruptcy News
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China's ailing solar panel makers see the light, on a farm
Nov 7th 2013, 20:59

By Charlie Zhu

HONG KONG | Thu Nov 7, 2013 3:59pm EST

HONG KONG Nov 8 (Reuters) - China's loss-making solar panel makers believe they may have found a way out of their nightmare - by becoming one-stop renewable energy shops with their own solar farms.

Manufacturers of solar panels, hit hard by the scaling back of solar-power subsidies in Europe, are taking advantage of a new package of government subsidies at home and diversifying into solar-power generation.

In an apparent bid to prop up its ailing solar panel sector that has been hit by overcapacity, as well as price and trade wars, Beijing unveiled a plan in July to quadruple solar generating capacity to 35 gigawatts (GW) by 2015. Construction costs are estimated at $50 billion.

Spurred by a package of initiatives from tariffs to tax breaks, and continued low panel prices due to global oversupply, many of the country's panel makers are now looking to invest in solar farms to help return to profitability, industry officials say.

"Definitely the trend is Chinese manufacturers will make more downstream investment," said a senior official at Chinese solar panel maker Canadian Solar. "Now the domestic market seems to be particularly exciting."

For manufacturers, generating projects mean a predictable source of demand for their panels. Manufacturers are still mostly losing money, although panel shipment has improved this year on orders from China, Japan and the United States.

Solar plant development is a more lucrative business. They offer an annual gross return of around 10 percent, depending on the proportion of debt financing and project location.

As solar panel prices tumbled following the 2008 global financial crisis, many Chinese wafer, cell or modules makers, like GCL Poly, Canadian Solar and Hareon ventured into solar power generation projects at home or abroad to offset manufacturing losses.

Overseas rivals such as SunPower and First Solar Inc, have also diversified into the higher-margin business as solar panel prices remain weak.

SHUNFENG EXPANDS CAPACITY

China's panel makers, among the world's biggest producers, were lured back home this year by the government's plans to expand the solar power producing industry. The policies have set off a scramble by the likes of state power producers China Huaneng Group and China Merchants New Energy Group as well as manufacturers like Shunfeng, Yingli Green and JA Solar .

JA Solar said in August it planned to develop 300 MW of generating projects in northern China's Hebei province, in what its CEO Jin Baofang said was a major step "to increase the role project development plays in our overall revenue mix".

Shunfeng Photovoltaic, a small Chinese solar cell maker listed in Hong Kong, has said it will enter agreements to develop 1,079 megawatts (MW) of solar power projects and have 600 MW in operation or under construction by the end of 2013.

To ramp up its own manufacturing capacity aimed at catering for the expansion of its solar generation business, Shunfeng last week announced a plan to purchase the main unit of Chinese solar maker Suntech Power.

Shunfeng has offered 3 billion yuan ($492 million) to take over bigger rival Wuxi Suntech, the bankrupt unit of Suntech Power. Wuxi Suntech filed for bankruptcy protection in March, after its parent defaulted on a $541 million convertible bond - one of the biggest defaults by a Chinese company.

The deal could increase Shunfeng's solar cell capacity by five times to over 2,000 MW.

Analysts warn of financial, regulatory and technical risks. Previous investments in Chinese projects have been hurt by issues like delays in subsidy payments and poor infrastructure.

Like their overseas peers, Chinese panel makers may eventually spin off their power plants by listing them or selling them to funds and insurers to take profit and alleviate potential funding strains, analysts say. China's top 10 solar makers have 100 billion yuan in debt, with an asset to debt ratio above 70 percent on average, state media say.

"What we may see is an increased level of listings and spin-offs into Hong Kong and elsewhere to try to build up some sort of vehicles to house these type of assets," said an energy banker at an international bank.

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Reuters: Bankruptcy News: Lehman sues Credit Suisse to expunge $1.1 bln 'inflated' claims

Reuters: Bankruptcy News
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Lehman sues Credit Suisse to expunge $1.1 bln 'inflated' claims
Nov 7th 2013, 15:21

NEW YORK | Thu Nov 7, 2013 10:21am EST

NEW YORK Nov 7 (Reuters) - Lehman Brothers Holdings Inc has sued Credit Suisse Group AG, seeking to reduce "inflated" bankruptcy claims by roughly $1.1 billion, and also recover about $150 million from the Swiss bank.

In a complaint filed on Wednesday in U.S. Bankruptcy Court in Manhattan, Lehman accused Credit Suisse of exaggerating claims related to the early end of tens of thousands of derivatives transactions.

Lehman calculated that the $1.19 billion in Credit Suisse claims at issue may be worth just $74.6 million. Lehman also estimated that Credit Suisse owes it roughly $150 million on some international transactions.

"Credit Suisse failed to offset counterbalancing positions, opportunistically selected favorable valuation dates and times, and valued its positions inconsistently to its own advantage, all without adequate - or any - justification," Lehman said.

Lehman said Credit Suisse's actions were "not commercially reasonable, not done in good faith and greatly inflated the amount of losses claimed."

Credit Suisse spokesman Drew Benson declined to comment.

The lawsuit seeks to reduce or void Credit Suisse's claims, and recover damages for alleged breach of contract.

Once Wall Street's fourth largest investment bank, Lehman filed for protection from creditors on Sept. 15, 2008, and its bankruptcy remains by far the largest in U.S. history.

Lehman emerged from Chapter 11 in March 2012 under a plan that could eventually return $65 billion to creditors. The company is winding down, a process expected to take a few years.

The case is Lehman Brothers Holdings Inc et al v. Credit Suisse et al, U.S. Bankruptcy Court, Southern District of New York, No. 13-ap-01676. The main bankruptcy case is In re: Lehman Brothers Holdings Inc in the same court, No. 08-13555.

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Reuters: Bankruptcy News: RPT-Norilsk has no plans to help Finland's Talvivaara - source

Reuters: Bankruptcy News
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RPT-Norilsk has no plans to help Finland's Talvivaara - source
Nov 7th 2013, 12:27

Thu Nov 7, 2013 7:27am EST

MOSCOW Nov 7 (Reuters) - Russia's mining giant Norilsk Nickel has no plans to help bail out financially-troubled Finnish nickel miner Talvivaara, a source familiar with the Russian company's plans said.

Talvivaara said earlier on Thursday it was in talks with stakeholders to secure funds after a series of production disruptions at its Sotkamo mine and a fall in nickel prices put it at risk of bankruptcy.

Norilsk Nickel, the world's biggest nickel and palladium producer, is Talvivaara's main customer and owns a 0.64 percent stake in the company.

"It's not a business aim of the company to help Talvivaara," said the source.

A Norilsk spokesman declined to comment.

The Finnish government on Thursday confirmed it was in talks with Talvivaara but said it wanted private investors to participate so it can avoid a bailout that is fully state-financed. (Reporting by Polina Devitt; Writing by Ritsuko Ando)

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Reuters: Bankruptcy News: Norilsk has no plans to help Finland's Talvivaara - source

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 
Norilsk has no plans to help Finland's Talvivaara - source
Nov 7th 2013, 12:24

MOSCOW | Thu Nov 7, 2013 7:24am EST

MOSCOW Nov 7 (Reuters) - Russia's mining giant Norilsk Nickel has no plans to help bail out financially-troubled Finnish nickel miner Talvivaara, a source familiar with the Russian company's plans said.

Talvivaara said earlier on Thursday it was in talks with stakeholders to secure funds after a series of production disruptions at its Sotkamo mine and a fall in nickel prices put it at risk of bankruptcy.

Norilsk Nickel, the world's biggest nickel and palladium producer, is Talvivaara's main customer and owns a 0.64 percent stake in the company.

"It's not a business aim of the company to help Talvivaara," said the source.

A Norilsk spokesman declined to comment.

The Finnish government on Thursday confirmed it was in talks with Talvivaara but said it wanted private investors to participate so it can avoid a bailout that is fully state-financed. (Reporting by Polina Devitt; Writing by Ritsuko Ando)

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Wednesday, November 6, 2013

Reuters: Bankruptcy News: Creditors to vote on Patriot Coal's bankruptcy exit plan

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 
Creditors to vote on Patriot Coal's bankruptcy exit plan
Nov 6th 2013, 22:10

By Nick Brown

Wed Nov 6, 2013 5:10pm EST

Nov 6 (Reuters) - Patriot Coal Corp said on Wednesday it received court permission to send its bankruptcy exit plan to creditors for a vote, positioning it to leave Chapter 11 by year's end.

The company said in a statement that a bankruptcy judge in St. Louis approved the plan outline, allowing it to be sent to creditors for their assessment of the overall plan. The milestone comes after months of wrangling in which Peabody fought with its unionized workforce, as well as former parent Peabody Energy Corp over how to cut costs.

Under the plan, retiree benefits would be reduced, while current workers would absorb cuts in salary, vacation time and other perks. Healthcare benefits would be transferred to an outside trust. The company would operate after bankruptcy with the help of $576 million in funding from Barclays Plc and Deutsche Bank AG.

The court also approved a rights offering backstopped by Knighthead Capital Management, Patriot said. The offering, announced last month, will raise $250 million in new capital.

"Today's actions by the court represent important milestones on Patriot's path to emergence as a strong, well-capitalized competitor in the coal industry," Bennett Hatfield, Patriot's chief executive, said in the statement.

Hatfield added that the company is on schedule to emerge from bankruptcy in, "mid to late December."

Patriot declared bankruptcy in July 2012, saying it needed to cut $150 million a year in employment costs to regain profitability.

It received court permission earlier this year to scrap collective bargaining agreements with its union and draw up new, cost-saving contracts. The United Mine Workers of America, which represents some 13,000 Patriot workers, retirees and their families, fought against the move.

Patriot's miners will sustain much of the pain of the company's collapse, which has made the case vitriolic. The union staged myriad protests and rallies before reluctantly agreeing to the new contracts.

The union has bargained for lifetime healthcare and pension benefits since the 1940s, considering those benefits sacrosanct. But coal companies have become less able to afford them in the face of modernization, a shrinking workforce and the growing prevalence of new sources of energy.

Both Patriot and the union tried to keep Peabody, which created Patriot through a 2007 spinoff, on the hook for some of the costs. Peabody agreed in October to contribute $310 million for healthcare costs over four years, with an additional $140 million in the form of letters of credit.

The union had hoped to force Peabody to cover all benefits Patriot was unable to maintain, alleging in a 2012 lawsuit that Peabody designed Patriot to fail by loading it up with heavy legacy liabilities and few valuable assets.

The lawsuit alleged that the move interfered with workers' benefits in violation of the Employee Retirement Income Security Act, an argument not previously used by a union in the context of a spinoff.

Peabody denied the allegations, and a judge in September granted its request to throw the case out.

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