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ECB Supervisor Cites Need for Uniform Bankruptcy Code

Submitted by ckanon@abi.org on
The European Central Bank’s top supervisor said “good bankruptcy laws” across Europe are imperative to solving the bloc’s problem of nonperforming loans, The Wall Street Journal reported yesterday. Daniele Nouy said she has “put a lot of hope” in work being carried out by the EU to harmonize bankruptcy laws to provide clarity for investors seeking to buy nonperforming corporate debt and to build a strong capital markets union. The European Commission, the EU’s executive arm, said in September it was pushing forward plans to tackle diverging national insolvency laws. European banking officials and policy makers often cite diverse rules around bankruptcy as a hindrance to cross-border investment. ECB officials add that bad loans are preventing lenders from passing on ultralow interest rates to consumers and businesses. The ECB published new proposals in September aimed at forcing eurozone banks to deal with bad debt. A consultation on the new guidelines ended Monday.

SunEdison’s Canadian Unit Files for Bankruptcy Protection

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Renewable energy giant SunEdison Inc. has placed its Canadian arm into bankruptcy while the parent company seeks more time under court protection in the U.S. to sell off assets and work out a strategy for repaying billions of dollars in debt, the Wall Street Journal reported today. The company’s Canadian division, which also designs and develops renewable energy projects, says that it can no longer fund its operations. It sought protection on Thursday from both creditors and lawsuits under Canada’s Companies’ Creditors Arrangement Act, or CCAA, the equivalent of chapter 11 in the U.S. The Canadian operation, which is concentrated in Ontario, says its financial woes are largely tied to liquidity issues stemming from the bankruptcy of its parent company in the U.S. The Canadian unit’s businesses listed about $80 million in total assets and about $30 million in liabilities, in addition to about $90 million in other potential liabilities that are the subject of pending litigation.

Hanjin Shipping Gets 5 Bids as Korea Kicks Off Sale Process

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Hanjin Shipping Co. received five initial bids for its Asia-U.S. business as a South Korean court kicked off the process to sell the nation’s largest container line that fell victim to excess capacity and slowing global trade, Bloomberg News reported today. Hyundai Merchant Marine Co., Korea Shipping Association, Korea Line Corp. and private-equity firm Hahn & Co. were among those that expressed interest, while the Seoul Central District Court, overseeing the receivership, declined to disclose the fifth bidder. The submissions will be followed by a due diligence of the assets, which includes offices and vessels that operate on the trans-Pacific trade. Final bids are due by Nov. 7. The process heralds the beginning of the end of Hanjin, which filed for bankruptcy protection in late August after creditors balked, setting off disruptions in supply chains around the world. Hanjin Shipping, once the world’s seventh-largest container line, said this week that it is winding down its Europe route. A decision on the winning bid is due later next month. The South Korean company, whose market value is about 196 billion won (US$171 million), is also in talks to sell its 54 percent stake in the Long Beach port container terminal, according to the Seoul court.