Nortel Bankruptcy Fees Near $2 Billion As Creditors, Pensioners Fight over Assets
A federal judge in Delaware is scheduled to hear arguments over how to split up some $7 billion Nortel raised from the sale of its patents and other assets, which has pitted U.S. bondholders against creditors of the Canadian parent company and U.K. pensioners who say they’re owed $3 billion to shore up their underfunded plans, Forbes.com reported today. The multinational bankruptcy proceedings will have amassed nearly $2 billion in legal fees to date. British law firm Herbert Smith Freehills appears to be the biggest winner, billing for some $400 million to advise Ernst & Young on the administration of Nortel’s European bankruptcy estate. Ernst & Young comes in second at around $335 million. The high fees reflect the vexing complexity of Nortel’s bankruptcy, which is taking place across three countries and two continents and features the increasingly common clash of bondholders against pensioners. In Nortel’s case the big unsecured creditor is the company’s U.K. pension plan, which administrators there claim is underfunded to the tune of $3 billion. Unfortunately for those pensioners, Nortel’s U.K. operations were dwarfed, in terms of revenue and earnings, by its U.S. business. According to one analysis the U.S. operation held 70 percent of Nortel’s patents — a key measure in a company whose assets are mostly intellectual property — and would get 73 percent of the bankruptcy assets on a pure revenue basis. The U.S. divisions also issued more than half of Nortel’s debt.