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Shipping Group Rickmers to File for Insolvency as Revamp Fails

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German shipping group Rickmers said it would file for insolvency after bondholder HSH Nordbank rejected its restructuring plan a day ahead of a last-ditch bondholders' meeting, Reuters reported yesterday. Rickmers had proposed a revamp plan under which the equity stake of owner Bertram Rickmers was to be reduced to 24.9 percent, while bondholders, HSH Nordbank and potentially another bank would hold 75.1 percent. But HSH rejected that plan, Rickmers said. "According to the assessment of the management board and supervisory board of Rickmers Holding AG the positive going concern prognosis of Rickmers Holding AG does therefore no longer apply," it said, adding its management board would file for insolvency without undue delay.

Creditors of Defaulted Azeri Bank Said to Contest Rehab Plan

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Creditors of Azerbaijan’s biggest bank are taking steps to block terms outlined by the lender earlier this week in a $3.3 billion debt restructuring, according to two members of the investor group, Bloomberg News reported yesterday. Debtholders of the International Bank of Azerbaijan are arguing that their voting rights were diluted by the inclusion in the restructuring of a $1 billion deposit owed to the country’s oil fund, according to the people, who declined to be named because the discussions are private. The state-run lender drew the ire of investors at a presentation in London on Tuesday with a proposal to swap foreign-currency debt and deposits into a mix of new sovereign securities and the lender’s own bonds. The plan, which includes a 20 percent principal writedown for some of the senior claims, will become binding if approved by creditors accounting for two-thirds of the company’s affected debt by value. Azerbaijan wants to complete the restructuring on Aug. 24.

Brazil Oi Creditors File U.S. Motion as Bankruptcy Negotiations Continue

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Creditors of Brazil's Oi SA filed a motion this week in U.S. bankruptcy court to pressure the telephone operator to consider a proposal which could give lenders control of the restructured company, Reuters reported yesterday. The creditors believe that a U.S. filing made on Monday in the Southern District of New York will allow them the right to reject the company's reorganization plan in the United States if it is confirmed in Brazil without their input, the source said. Oi said it has no knowledge of the creditors' motion. Although Oi has no sizeable assets in the U.S., it has strategic commercial agreements with large U.S. telecom carriers related to interconnection fees.

Greece Falls Short in Efforts to Secure Deal with Creditors

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Greece and its European creditors failed to clinch a deal that would have seen the cash-strapped country get its next batch of bailout loans and secure an agreement on the sort of debt relief measures it can expect to get when its current bailout program ends next year, the Associated Press reported today. However, a broad settlement involving both the next payout and the outlines of a debt relief deal is close, and could be reached in three weeks when finance ministers from the 19 countries from the single currency bloc meet next in Luxembourg. While hailing the recent progress the Greek authorities have made to implement the reforms and cuts demanded from creditors, certain issues still needed to be addressed. But time is running out for Greece as without the rescue loans it would struggle to meet a big repayment hump in July of some 7 billion euros ($7.8 billion). One of the major stumbling blocks has centered on a divergence of opinion between the eurozone and the IMF, which is not involved financially in Greece’s current three-year bailout program agreed in the summer of 2015 and could be worth up to 86 billion euros in total. Getting the IMF involved is important as Germany and The Netherlands have indicated that they will refuse to lend more money to Greece without the Fund’s participation.

U.S. Court Backs Azeri Bank IBA's Petition Over Creditors

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International Bank of Azerbaijan, the energy exporting country's biggest lender, said that a U.S. court had supported its petition to prevent creditors from pursuing legal action in the U.S., giving it time to restructure $3.3 billion debt, Reuters reported on Saturday. The state-controlled bank said that it was suspending payments on some liabilities and seeking creditors' support to restructure more than $3 billion of debt, mostly owed to foreign creditors, to tackle bad loans left over from an oil price slump. The bank filed a petition under chapter 15, which stops creditors from pursuing legal actions in the U.S., giving debtors time to restructure their businesses.

Brazil Plans Changes to Bankruptcy Law to Bolster Recovery, Paper Says

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The Brazilian government plans to change the bankruptcy law to help indebted firms emerge faster from creditor protection, Finance Minister Henrique Meirelles told a newspaper and Reuters reported yesterday. The changes would reduce the average length of bankruptcy protection to two years, compared to between seven and eight years currently, he said. Bankers and lawyers expect bankruptcies to set a record in 2017, with tight credit and the lingering recession forcing a growing number of large Brazilian companies to seek protection from creditors. The bill, which will be submitted to Congress in June, would make it easier for companies under creditor protection to maintain operations and borrow funds. It would also grant creditors stronger power in the discussions, Meirelles added, without providing further details. That is the latest in a wide series of microeconomic reforms proposed by President Michel Temer's administration to lift Latin America's largest economy from its deepest recession in decades and secure steady growth from then on.

Toshiba Partners Brace for Possible Bankruptcy Filing

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Toshiba Corp.’s business partners are preparing for a scenario in which the company seeks to reorganize under Japanese bankruptcy laws, with consequences for the global nuclear-power and electronics industries, The Wall Street Journal reported today. Toshiba last month expressed “substantial doubt” about its “ability to continue as a going concern.” The company said that it expected to record a net loss of some ¥1 trillion ($8.83 billion) for the year ended March 2017 following the chapter 11 filing by Toshiba’s U.S. nuclear unit, Westinghouse Electric Co. Atlanta-based utility Southern Co., which hired Westinghouse to build two nuclear reactors in Georgia, is concerned that Toshiba will apply for protection from creditors and relieve itself of the guarantees made on Westinghouse’s behalf, said people familiar with Southern’s thinking. Toshiba says it doesn’t plan to. Southern Chief Executive Thomas A. Fanning said that the utility is owed $3.7 billion by Toshiba and wants to be paid whether or not the reactors are built. The company has said that it guaranteed some $6 billion in obligations incurred by Westinghouse when it promised to complete the reactors. A Japanese chapter 11-style filing is only one of several scenarios Toshiba could choose. It presents several downsides: Suppliers could take a hit, hurting the broader economy, and shareholders could be wiped out — though Toshiba’s shares are already in danger of being delisted in Tokyo because of accounting problems that emerged in 2015. But the filing would strengthen Toshiba’s balance sheet and could allow it to keep its profitable memory-chip business — relieving Japanese government concerns about technology leaks to Chinese or other competitors.

Chapter 11 Bankruptcy, German Style

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Historically, German insolvencies have been perceived as extremely unattractive, particularly because they were dominated by court-appointed bankruptcy administrators, with limited to no influence for creditors, The National Law Review reported yesterday. However, this has significantly changed over the last years. In that respect, it was the clearly expressed intention of the German legislature to make insolvencies more attractive for all parties involved. However, the available powerful features are often still unknown and hence not used, in particular by foreign investors. There are a few key features that may be utilized in German insolvencies that allow strategic investors to straighten out a venture that has proven to be more tricky than anticipated. They can be used by financial investors as an M&A tool for investments in companies that can be bought for a low price and then turned around. However, a key element for success is a coordinated and structured approach as early as possible in the process.