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NewSat Restructuring Bid Continues in Spite of Contract Loss

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Turnaround efforts continue for Australia's NewSat Ltd., according to Ken Coleman, the lawyer representing insolvency officials trying to hold the company together after it was forced to terminate a contract with Lockheed Martin Corp., Dow Jones Daily Bankruptcy Review reported today. Lenders pushed NewSat into court-supervised insolvency proceedings in Australia earlier this year after it defaulted on loans. Cost overruns on the Jabiru-1 satellite project and management issues were also cited as the reasons for NewSat's financial problems. Administrators put in charge of NewSat sought U.S. court aid to save the construction contract for the Jabiru-1. However, the money didn't come through in time, and last week, NewSat surrendered its rights under the contract with Lockheed Martin. The Australian insolvency proceeding will be the main forum of action for NewSat's turnaround bid, the U.S. court said Friday, in a formal recognition order signed by U.S. Bankruptcy Court Judge Laurie Selber Silverstein. The recognition order was uncontested, and it was the main goal of NewSat's chapter 15 bankruptcy filing, which followed shortly after the Australian insolvency action commenced. Read more. (Subscription required.)

For more further analysis of chapter 15 proceedings, be sure to pick up a copy of ABI’s Chapter 15 for Foreign Debtors

Puerto Rico Gov. Files $9.8 Billion Budget that Calls for Deep Cuts

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Puerto Rico’s governor submitted a $9.8 billion budget proposal calling for $674 million in cuts amid the U.S. territory’s economic crisis, The Washington Post reported on Wednesday. Gov. Alejandro Garcia Padilla did not present the budget during a televised address as is traditional, opting instead to file it after legislators recessed for the day. Legislators will soon hold public hearings before the House of Representatives approves the budget and turns it over to the Senate. The budget has to be approved by June 30. “We are facing a historic fiscal crisis where the available resources are extremely limited,” the 56-page proposal states. The proposed budget seeks to set aside $1.5 billion to help pay off Puerto Rico’s debt, an increase of $400 million from last year’s budget. Officials also have said the governor wants to close 95 schools and 20 public agencies to cut costs.

Greece Says It Will Default in June Without Aid from Lenders

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Greece will not be able to make a payment to the International Monetary Fund due on June 5 unless foreign lenders provide more aid, a senior ruling party lawmaker said on Wednesday, the latest warning from Athens that it is on the verge of default, Reuters reported yesterday. Prime Minister Alexis Tsipras's leftist government says it hopes to reach a cash-for-reforms deal in days, although European Union and IMF lenders are more pessimistic and say talks are moving too slowly for that. Payments to the IMF totaling about 1.5 billion euros (US$1.7 billion) fall due next month, starting with a 300 million euro payment on June 5. Talks between Greece and its lenders have foundered on Athens' demand to roll back labor and pension reforms as well as the lower fiscal targets set under its bailout program. Among concessions Athens is mulling is a tax on banking transactions to help raise revenue, although discussion of the levy is at an early stage.

Miner Cliffs Seeks Creditor Protection for More Canadian Iron Ore Assets

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Cliffs Natural Resources Inc. said that it was seeking court protection from creditors of its Wabush iron ore mine and related assets in Eastern Canada, four months after it sought similar protection for its other Canadian iron ore assets, Reuters reported yesterday. The U.S.-based iron ore and coal miner said that it had concluded that a "more comprehensive restructuring and sale process" would result if it was able to include the Wabush group under the same creditor protection it obtained in January for its larger Bloom Lake iron ore assets in Quebec Superior Court. It would also allow Cliffs a more "streamlined exit" from Eastern Canada, according to a filing with the U.S. Securities and Exchange Commission. In January, Cliffs became the third major U.S. company in six months to seek creditor protection for its Canadian arm to try to isolate losses and protect shareholders.

OAS Bondholder Fight Spills Into New York Bankruptcy Court

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The financial woes of Brazil's embattled OAS Group have sparked an international bankruptcy duel and sent bondholders to a New York court for aid, Dow Jones Business News reported yesterday. Investors owed $943 million fear that they will not get fair treatment from the Brazilian court overseeing the construction company's debt restructuring. On Tuesday, they asked a bankruptcy judge in New York to acknowledge an insolvency proceeding they launched in the British Virgin Islands as the proper forum to work out the fate of OAS's international bond debt. The construction giant filed for bankruptcy protection in Brazil after being accused by prosecutors of charging inflated fees on contracts involving that country's national oil company, Petróleo Brasileiro SA, or Petrobras. OAS says it will sell assets to pay down its debts and preserve its construction business. OAS is moving ahead with a turnaround effort in Brazil, over the objections of some investors and reported its victory in a Brazilian court fight with the "'vulture' Aurelius, a North American fund renowned for speculating with bonds traded in the secondary market." Aurelius Capital Management, which owns OAS bonds, unsuccessfully challenged a ruling that wrapped the financing unit into the Brazilian insolvency proceeding. Bondholders say OAS Finance is a British Virgin Islands company, owed more than $1 billion by Brazilian units of OAS. Its interests are likely to be overlooked as OAS tries to hold its business together, the bondholders contend. They have petitioned a court in the British Virgin Islands to oversee OAS Finance's affairs.

Argentine Bonds Fall After Hedge Fund Asks to Block Payment

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Argentine bonds issued under local law, which have continued to get paid after the country’s July default, declined after hedge fund Aurelius Capital Management said that it’s seeking to block the payments, Bloomberg News reported yesterday. The nation’s 2024 bonds reversed earlier gains and slid 0.25 cent to 98.17 cents on the dollar, pushing yields up 0.05 percentage point to 9.1 percent. Aurelius claims that Argentina’s $1.4 billion of bonds sold in April are subject to U.S. District Court Judge Thomas Griesa’s ruling, which says that some of the country’s performing bonds are subject to equal treatment, or pari passu, with defaulted debt. That means they can’t be serviced unless the nation also pays defaulted bonds from 2001. Aurelius argued Argentine bonds due 2024 should be included in the ruling because they were marketed abroad by Deutsche Bank AG. Economy Minister Axel Kicillof said the April 21 sale of so-called Bonar 24s proved Argentina has access to international financing even after its July default.

Korean Bulk Carrier Daebo Wins U.S. Bankruptcy Court Protection

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A bankruptcy judge in New York agreed to recognize shipper Daebo International Shipping Co.’s foreign bankruptcy proceeding, which will help protect the company’s U.S.-based assets from creditors while the Korean dry bulk ship operator restructures abroad, the Wall Street Journal reported today. Following a hearing Friday, Judge Michael E. Wiles signed off on the shipping company’s request for chapter 15 protection. The judge’s order follows an agreement Daebo reached with a group of creditors over one of its ships, named Daebo Trader. The vessel was seized by court order Feb. 15 while it was docked in New Orleans, after a stevedoring company brought claims of about $1.6 million against Daebo for unpaid stevedoring services, or the loading and unloading of cargo. At least three other creditor lawsuits have been filed against Daebo, seeking a total of more than $1 million in claims secured by the ship, court papers show. Under the agreement approved by Judge Wiles, Daebo posted a special bond of $3.85 million that will be used to pay any successful creditor claims and allow the Daebo Trader to deliver a shipment of soybeans and to avoid further losses. Read more. (Subscription required.)

For more information on cross-border proceedings, be sure to pick up a copy of ABI’s Chapter 15 for Foreign Debtors.

Judges Craft Their Own Formula for Distributing Nortel's $7.3 Billion in Cash

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The Canadian and U.S. judges charged with dividing the $7.3 billion from the liquidation of Nortel Networks rejected proposals from former regional businesses and opted for a pro rata split of the money, Reuters reported yesterday. Judges on the U.S. Bankruptcy Court in Wilmington, Del., and Ontario Superior Court of Justice held an unprecedented joint cross-border trial on the dispute, with the courtrooms linked by video. Nortel filed for bankruptcy in 2009 and sold its global operations and patents, raising the cash in dispute. In the years that corporate entities in Canada, the United States and Europe have fought over the funds, retirees and bond investors have awaited repayment. Bankruptcy Judge Kevin Gross and Justice Frank Newbould said in separate opinions that each regional business would receive cash to pay its creditors based on their claims against it as a percentage of the overall claims worldwide. The judges said in their simultaneous opinions that a pro rata division was the most fair and satisfactory way to split the money.  Read more.

For more information on cross-border proceedings, be sure to pick up a copy of ABI’s Chapter 15 for Foreign Debtors