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Bankruptcy Trustee Says Yucaipa Moved Cash Out of Reach
A bankruptcy trustee alleged that Ron Burkle’s Yucaipa Cos. transferred nearly $380 million to pension funds and other private-equity investors to avoid looming liabilities tied to its former portfolio company, car hauler Allied Systems Holdings Inc., WSJ Pro Bankruptcy reported. Wednesday’s lawsuit in the U.S. Bankruptcy Court in Wilmington, Del., continues years of disputes between Allied’s creditors and Yucaipa, which allegedly drained money from two investment funds that faced “massive liabilities” stemming from the transport firm’s chapter 11 case. A bankruptcy judge issued a $132 million judgment against the Yucaipa funds in June after finding they failed to make a promised capital contribution to Allied, ensuring its 2012 bankruptcy. Yucaipa distributed $380 million to pension systems and other investors, and now claims the investment funds lack the cash to pay the judgment against them, according to Wednesday’s complaint. The trustee is seeking a court order to unwind the distributions made to backers including California Public Employees’ Retirement System and other public and private pensions, along with Yucaipa itself.
