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December 142000

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December 14,
2000

 

USA Biomass, Affiliates File Chapter 11

USA Biomass announced on Friday that the company and two of its
affiliates, American Waste Transport Inc. and American Greenwaste Inc.,
filed voluntary chapter 11 petitions in the U.S. Bankruptcy Court for
the Central District of California, Los Angeles Division, according to a
newswire report. The filings were necessary due to inadequate cash
liquidity.  Due to these developments, the Bell Gardens,
Calif.-based company has postponed its Dec. 15 annual shareholders'
meeting indefinitely. 

“Although the company has made efforts to cut expenses and
improve revenue margins, the company has concluded that it has no viable
alternative but to seek a formal plan of reorganization under the
bankruptcy laws,” said Biomass president & CEO Lance B.
Jones.

Armstrong's Stock Continues to Bounce Back

After announcing a bid to reorganize its debts under federal
bankruptcy laws, Armstrong Holdings Inc. has steadily gained ground on
Wall Street, according to the Lancaster New Era.  The
Lancaster, Pa.-based building-products maker's stock jumped 63 cents, or
41 percent, to close trading on the New York Stock Exchange Monday at
$2.13 per share. Volume was heavy as 2.4 million shares changed
hands.

Since the company filed chapter 11, Armstrong stock has jumped from
94 cents per share. The stock ended last week at $1.50 per share. 
Still, Armstrong's stock remains far below its 52-week high of $36.81
per share. The company filed for chapter 11 under the weight of mounting
asbestos litigation.

Firstar Protesters Demand Justice, Retraction of Bankruptcy Law in
Wisconsin


Protesting against the alleged unfair actions of Firstar Bank, about 175
people joined together on the sidewalk in front of Firstar Bank in
Milwaukee, to call for a boycott in an effort to get Firstar to address
their issues with a bankruptcy law supported by the bank, according to a
newswire report.  Firstar hired a lobbyist to push through new
bankruptcy legislation that was passed in 1998.  The legislation
gives priority to banks to collect debts from bankrupt corporations,
instead of paying the workers any benefits and pay they may be entitled
to first.  Due to this law, the workers are losing a great majority
of the pay and benefits their companies would have given them had the
law not been passed by state legislators, said Salvador deLeon,
organizer for Esperanza Unida, a community group that focuses on serving
minority, injured, under employed and unemployed workers. 

'This law was snuck in and bought,” said Richard Oulahan,
director of Esperanza Unida. “It's bad public policy. Firstar
needs to take responsibility. They should change it.”

Other protestors stressed that this law could directly affect
students, since the company they currently work for or will work for in
the future may go bankrupt. In which case, they would not be entitled to
their pay or benefits over the bank's interests.  According to the
organizers of the protest, Firstar has been unreceptive and has claimed
they supported a change is the bankruptcy law because it is the only way
they can lend money to small businesses.

Airline Allegiant Files For Bankruptcy

Allegiant Air Inc., a privately held jet air carrier providing scheduled
and charter operations in the West, announced yesterday that it filed
chapter 11, according to a Reuters report.  The company, which
filed in the Fresno Division of the Eastern District of the U.S.
Bankruptcy Court, cited skyrocketing fuel costs as a cost of its
bankruptcy. Allegiant said it has furloughed a total of 112 full-time
and part-time employees and has retained a staff of 51 employees based
in Fresno, Calif.  The company said its scheduled airline service
between Fresno and Las Vegas and its charter operations will continue
without interruption.

In addition to the filing, Allegiant Air said it is aggressively
pursuing its strategic alternatives, including additional funding, sale
of the company or partnerships to strengthen the company and its
financial position. The company has already arranged for a
debtor-in-possession (DIP) credit facility through one of its creditors
in order to help fund the bankruptcy reorganization efforts.

Money Woes Add to California Energy Shortage

With California's two largest utilities in an $8 billion hole that keeps
getting deeper, the state's energy crisis is starting to become as much
about a money shortage as inadequate power supplies, according to the
Associated Press.  Although utilities said they remained solvent as
of yesterday, they acknowledged that bankruptcy is a possibility if
their lenders decide they won't be able to generate enough revenue to
pay the huge bills the utilities have rung up buying expensive
electricity during the last seven months.

“We continue to have the ability to make power purchases on
behalf of our customers,” said Pacific Gas & Electric Corp.
(PG&E) spokesman Ron Low.  “But we cannot go on
indefinitely borrowing money to pay for our customers'
electricity.”  The San Francisco-based PG&E, which runs
Northern California's primary utility, has paid $4.6 billion more for
electricity than it has collected from its customers since May. 
The financial imbalance, created by a retail rate freeze imposed as part
of California's deregulated energy market, has been getting worse this
month, partly because a freeze on wholesale electricity prices was
lifted last weekend.

Power suppliers are getting nervous about the financial stability of
the cash-strapped utilities. About a dozen suppliers declined to sell
energy to California Wednesday unless they received cash on delivery
— a sign that they are worried about a bankruptcy.

NorthPoint Communications Transition of
Flashcom Lines Completed


NorthPoint Communications yesterday announced that its acquisition of
digital subscriber lines from Flashcom Inc. was completed several weeks
ago, prior to Flashcom's recent bankruptcy filing, according to a
newswire report.  The San Francisco-based NorthPoint does not
expect Flashcom's bankruptcy to affect its purchase of the Flashcom
lines.

An agreement has been made to transition the residential lines to
Telocity Inc.  NorthPoint Communications is also in final
negotiations with several business providers regarding agreements to
transition Flashcom's business lines to these providers. 
NorthPoint Communications is exploring options to provide continued
service to end users affected by other troubled internet service
providers, including transferring lines to Telocity or other viable
providers.

Desseaux Files Chapter 11

Desseaux Corp. of North America yesterday filed for chapter 11
protection with the U.S. Bankruptcy Court in the District of Delaware,
according to a newswire report.  The company listed total
liabilities of more than $40 million.  

Edwards Seeks Extension

Edwards Theatres Circuit Inc. yesterday filed a motion seeking U.S.
Bankruptcy Court approval of a six-month extension of the exclusive
period, during which is can file a reorganization plan and solicit
approval, according to a newswire report.  The extension will allow
the company to solicit acceptances for the plan until June 21 and Sept.
21, respectively.  The court scheduled a Dec. 20 hearing to decide
on the motion.  Edwards has been operating under chapter 11
protection since Aug. 23.

Lawsuit Threatens Tri Valley Sale

A potential lawsuit from the unsecured creditors of Tri Valley Growers
could derail a sale of the company, members of the cooperative told the
Modesto Irrigation District (MID) board on Tuesday, according to the
Sacramento Bee.  The group representing Tri Valley
Growers’ members asked the MID board to help them head off a
lawsuit.  The creditors view the growers as the owners of the
cooperative, and responsible for its debts.  The farmers said a
lawsuit could kill the pending sale to John Hancock Insurance Co.,
forcing a liquidation that would leave farmers nowhere to take their
fruit.  A lawsuit could also prevent growers from receiving
financing for next year's crop.

The growers have lost an additional $52 million in payments due for
the 1999 and 2000 crops delivered to Tri Valley.  Now that bankers
have heard that the unsecured creditors may sue the growers, it may be
more difficult for them to borrow for next year's crop.  Eric
Rumble, a Modesto farmer, said the creditors committee attorney was
pushing to liquidate the assets of Tri Valley rather than allowing the
sale to proceed.  That would force the cancellation of the 2001
canning season and leave $100 million in fruit with nowhere to go,
Rumble said.


CareMatrix To Seek Final OK To Use Cash Collateral
Thursday


At a hearing scheduled for Thursday, CareMatrix Corp. will ask a
bankruptcy court to enter a final order authorizing the company to use
its cash collateral. The Needham, Mass.-based assisted living services
provider got interim approval on Nov. 15 from Judge Peter J.
Walsh
of the U.S. Bankruptcy Court in Wilmington, Del., to use the
cash collateral. However, the order only permits the use of cash
collateral through Dec. 14, in accordance with a budget and subject to
certain other limitations. According to a motion filed in November, the
company needs the cash to fund business operations, maintain the value
of its assets and 'avoid irreparable harm' that would occur to itself
and its reorganization efforts if it were unable to use cash.

Courtesy of
href='
http://www.fedfil.com/bankruptcy/developments.htm'>The Daily
Bankruptcy Review
Copyright © December 14,
2000
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