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September 202000

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September 20,
2000
 



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class=MsoNormal>Lott

Introduces
"Clean"

Omnibus
Bankruptcy Bill

Sen.
Majority

Leader Trent
Lott (R-Miss.)

on Friday placed
S. 3046

on the Senate
calendar.

The bill,
introduced the

day before by
Lott, is

virtually
identical to

H.R. 833/S. 625
as passed

by the Senate on
Feb.

2, with the
exception

of provisions
increasing

the minimum wage
and adding

business tax
breaks. These

provisions,
which contributed

to the inability
of the

Senate to get to
a formal

conference with
the House,

are being dealt
with separately

in the last days
of the

Congress. The
new bill

is a
"placeholder"

on the calendar,
should

an agreement be
reached

with the Clinton
administration

on how to
proceed on the

legislation. The
new bill

does not reflect
the work

of the so-called
"shadow

conference"
between

the House and
Senate.

For example, the
Lott

bill includes
the Schumer

abortion clinic
amendment

as passed by the
Senate.

Negotiations are
reportedly

continuing with
the administration.

Congress is
scheduled

to adjourn on or
about

Oct. 6.

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The

full text of the
bill

is available at
the home

page of ABI
World. Sens.

Paul Wellstone
(D-Minn.)

and Jerrold
Nadler (D-N.Y.)

will have a
press conference

today to renew
their opposition

to the
bankruptcy overhaul

efforts.


class=MsoNormal>If

Congress ends
this session

without
finishing the

bankruptcy bill,
the process

will have to be
started

against next
year with

a new Congress
and President.

Many in
Washington say

that alone gives
Republicans

incentive to
modify their

positions on the
bankruptcy

bill, given the
tight

race they have
in the

House and for
the presidency

in November’s
elections.

And if Democrats
regain

control of the
House,

Nadler would
chair the

House Judiciary
subcommittee

with
jurisdiction over

the issue.
Nadler has

said in the past
that

there is no way
he would

bring up
anything close

to the
Republican plan

once he’s at the
helm

of that
subcommittee.


class=MsoNormal>General

Cinema Stock
Continues

to Drop;
Bankruptcy Still

an
Option

General Cinemas

said yesterday
they are

considering
bankruptcy

reorganization,
blaming

losses on bad
investments

and competition,
according

to a newswire
report.

This second
announcement

comes as company
stock

fell 37 percent,
or $1.81

a share, to
$3.13 in midday

trading
yesterday. The

shares have lost
64 percent

of their value
since Thursday,

when they closed
at $8.75.

The Newton,
Mass.-based

company first
announced

its options last
Friday.


class=MsoNormal>General

Cinemas, which
operates

130 movie
theatres with

more than 1,000
screens

in 23 states,
said it

has enough cash
and investment

income to cover
its bills

for the next 12
months.

But it said it
would limit

new lease
commitments

and investments
and that

it was
considering a variety

of
"strategic alternatives,"

including
bankruptcy.

Loews Cineplex
Entertainment

Corp., which
operates

2,967 screens in
385 locations,

reported
dropping revenues

earlier this
month and

warned it might
default

on its debt.
United Artists

Theatre Co.,
Edwards Cinemas

and Carmike
Cinemas have

all filed for
bankruptcy

this year.


class=MsoNormal>ICG

Extends Freefall
After

CEO Quits

Embattled ICG
Communications

Inc., which
sells telephone

and Internet
services

to businesses,
said yesterday

its chief
executive and

two board
members resigned,

and analysts
said a bankruptcy

filing or
outright sale

might be in
ICG's future,

according to a
Reuters

report. Carl
Vogel, who

became chief
executive

just four weeks
ago, and

IGC board
members Gary

Howard and
Thomas Hicks

all resigned.
The company

gave no reason
for the

resignations.
"We

were all
blindsided by

the
announcements,"

said Roger Metz,
a research

analyst at Janco
Partners,

a
telecommunications-focused

investment bank
in Greenwood

Village, Colo.
"There

are serious
operational

issues,
including the

ability to keep
their

networks running
and provide

services to
their customers.''


ICG's stock,
which tumbled

58 percent on
Monday,

fell another 40
percent

early yesterday
afternoon,

trading on
Nasdaq at $1,

down 21/32. It
has fallen

74 percent since
Friday

and 95 percent
this year.

The New
York-based company's

bonds also slid.
Traders

said the 13.5
percent

senior discount
notes

of unit ICG
Holdings Inc.

that will mature
in September

2005 were bid
yesterday

at 22 cents on
the dollar,

down from 55
cents on

Friday. The
company warned

it may default
under a

$200 million
bank loan

unless it
obtains waivers,

and was engaging
financial

institutions to
explore

"strategic
options."

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class=MsoNormal>Metrocall

Submits Fully
Funded Proposed

Terms for
Acquisition

of
PageNet

Metrocall Inc.
announced

yesterday that
it has

received a total
of $337.5

million in
binding financial

commitments in
connection

with its request
to the

bankruptcy court
for permission

to submit a
competing

plan proposal to
acquire

Paging Network
Inc., according

to a newswire
report.

In addition, the
Alexandria,

Va.-based
Metrocall has

obtained
commitments from

certain members
of its

existing senior
secured

bank group and
others

to refinance
Metrocall's

existing bank
facility

as part of a new
credit

facility that
would consolidate

Metrocall's and
PageNet's

bank facilities
and provide

liquidity for
the combined

entity.
Metrocall is one

of the largest
wireless

data and
messaging companies

in the United
States.


class=MsoNormal>Pathmark

Completes
Reorganization,

Emerges from
Bankruptcy

Pathmark Stores
Inc. yesterday

emerged from
chapter 11

bankruptcy
protection

as a reorganized
public

company with its
nearly

$1 billion in
bond indebtedness

eliminated,
according

to a newswire
report.

Pathmark also
closed on

its previously
announced

$600 million
exit financing

with a group of
financial

institutions led
by The

Chase Manhattan
Bank.

Pathmark, a
regional supermarket

company
operating 137

stores primarily
in the

New York/New
Jersey and

Philadelphia
metro areas,

filed its
pre-packaged

reorganization
plan on

July 12 in the
U.S. Bankruptcy

Court in the
District

of Delaware. The
plan

will result in
Pathmark's

bondholders
receiving

100 percent of
Pathmark's

common stock and
warrants

to purchase
additional

shares.


class=MsoNormal>Pro

Air Forced to
File Chapter

11

Pro Air
yesterday announced

that it filed
for chapter

11, citing a
recent Federal

Aviation
Administration

(FAA) order that
required

the carrier to
suspend

its operations,
according

to a newswire
report.

The
Detroit-based Pro

Air said it
believes that

the suspension
was based

on erroneous and
outdated

information and
will be

overturned on
appeal.

Until the FAA
issue has

been resolved,
current

Pro Air ticket
holders

should visit
href='
http://www.proair.com'>www.proair.com

for information
on exchange

travel on
Northwest Airlines

and Spirit
Airlines. Ticketholders

desiring a
refund instead

of exchange
travel will

have their
credit cards

automatically
credited

72 hours after
the date

of their Pro Air
reservation.

"We are
taking chapter

11 action at
this point

to preserve our
existing

resources,
including our

fleet of
aircraft,"

said Craig
Belmondo, president

and chief
operating officer

of Pro Air.
"We are

confident that
we will

be resuming
scheduled

operations
following completion

of the appeals
process,

and we need to
be in the

position to
recommence

scheduled
operations on

an expedited
basis."


class=MsoNormal>Activist

Files Bankruptcy
Papers

on Behalf of
Church

Civic
activist and

former Kansas
City Council

member Richard
C. Tolbert

has once again
filed a

federal
bankruptcy petition,

this time acting
on behalf

of a church that
once

operated out of
his home,

according to
style='mso-bidi-font-style:

normal'>The Kansas City Star. Tolbert has filed for personal
bankruptcy seven

times since
1997, but

his most recent
filing

on Friday seeks
court

protection for
the assets

of the All
Denominational

New Church, for
which

Tolbert serves
as minister,

president and
general

manager. In two
previous

personal
bankruptcy filings,

Tolbert said he
and the

church were one
and the

same. But a day
before

the church filed
for bankruptcy

reorganization,
Tolbert

incorporated the
church

with the state
as a nonprofit

organization.
Each of

Tolbert's
previous petitions

was dismissed
after he

failed to take
steps to

reorganize his
finances

under chapter
13.


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Final DIP
Loan Order

Expected Soon For Flooring America


A final court order approving Flooring
America

Inc.'s $45 million
debtor-in-possession financing

with lender Foothill Capital Corp. is
expected

soon. The court approved the Kennesaw,
Ga.-based

floor covering distribution network
operator

and franchiser's DIP financing after a
hearing

on Aug. 25. Since the hearing, the
parties have

been drafting a proposed order for the
court's

consideration. The order was expected
to be

sent around for final execution Sept.
15.


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style='COLOR: black'>Courtesy of

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href='http://www.fedfil.com/bankruptcy/developments.htm'>The Daily
Bankruptcy

Review

style='COLOR: black'>Copyright © September 20,
2000

style='COLOR: black'>.
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size='3'>Thanks for visiting Today's Bankruptcy Headlines.
New articles

are posted here each business
day.