Diberdayakan oleh Blogger.

Popular Posts Today

Former Enron CEO Skilling to have prison term shortened

Written By Unknown on Kamis, 09 Mei 2013 | 16.47

Wed May 8, 2013 2:25pm EDT

May 8 (Reuters) - Jeffrey Skilling, the former Enron Corp chief executive, has reached an agreement with federal prosecutors that could result in his 24-year prison term over the energy company's spectacular collapse being shortened by roughly a decade.

According to court papers on Wednesday, the government and Skilling have agreed to recommend that Skilling be resentenced at a June 21 hearing to a term of 14 to 17-1/2 years, a period that could be shortened for good behavior.

Skilling has already served more than 6-1/4 years in prison following his May 2006 conviction by a Houston federal jury on 19 counts of securities fraud, conspiracy, insider trading and lying to auditors.

(Reporting by Jonathan Stempel in New York; Editing by Gerald E. McCormick)


16.47 | 0 komentar | Read More

U.S.-backed maker of wheelchair-accessible vans shuts down

Wed May 8, 2013 3:48pm EDT

* VPG received $50 mln in low-interest federal loans

* Billionaire T. Boone Pickens was among investors

* Made 6-passenger van that ran on compressed natural gas

* Latest "green" car startup to run into trouble

By Deepa Seetharaman

DETROIT, May 8 (Reuters) - Vehicle Production Group LLC, a maker of wheelchair-accessible vans that received $50 million in low-interest federal loans, has closed its doors after running out of cash.

The company made the six-passenger MV-1 van that ran on compressed natural gas. Investors in VPG include billionaire T. Boone Pickens.

The U.S. Department of Energy confirmed news of VPG's closure, first reported by the newspaper USA Today.

"While this is unfortunate news about a very promising company, it is the exception rather than the rule for our portfolio of more than 30 projects," DOE spokeswoman Aoife McCarthy said in a statement.

Allen Park, Michigan-based VPG received loans under a DOE program that also extended funding to startups Fisker Automotive Inc and Tesla Motors Inc as well as established manufacturers Ford Motor Co and Nissan Motor Co.

VPG fully drew down its $50 million DOE loan with the final payment coming in September 2011. The company built and sold more than 2,000 vehicles and had a backlog of orders.

In April, the DOE seized nearly $5 million from VPG. VPG and the DOE are now seeking a buyer for the company.

Despite the order backlog, the company faced serious constraints on its cash. John Walsh, VPG's former chief executive, told USA Today that the company laid off about 100 staff in February.

Walsh told the newspaper that the company did not have an adequate dealer network to sell its MV-1 vans. He added that the company stopped operations after the DOE froze its assets.

The news comes at a time of increased doubts about green car startups. For example, Fisker hired bankruptcy advisers and is seeking a buyer as it struggles to repay nearly $200 million in DOE loans. The department took $21 million from Fisker on April 11.

One exception is Tesla, which is backed by a $465 million DOE loan. The company is expected to report its first-ever quarterly profit later on Wednesday.

A number listed online for VPG's media contact was disconnected. Calls to the company's main line during normal business hours were greeted with an after-hours message.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

UPDATE 3-Former Enron CEO Skilling in deal to cut prison term

Wed May 8, 2013 6:33pm EDT

  * Skilling, U.S. to recommend 14 to 17-1/2 year term      * Prison term can be shortened for good behavior      * Skilling has been serving 24-year term     (Adds background on Enron collapse, trial details)      By Jonathan Stempel      May 8 (Reuters) - Jeffrey Skilling, the former Enron Corp  chief executive, could be freed from prison nearly a decade  sooner than originally expected, under an agreement with federal  prosecutors to end the last major legal battle over one of the  biggest corporate frauds in U.S. history.      The agreement calls for Skilling to see his federal prison  sentence reduced to as little as 14 years, down from the 24  years imposed in 2006. It could result in Skilling's freedom in  late 2018, with good behavior.      In exchange, Skilling, 59, who has long maintained his  innocence, agreed to stop appealing his conviction. The  agreement would also allow more than $40 million seized from him  to be freed up for distribution to Enron fraud victims.      A resentencing became necessary after a federal appeals  court upheld Skilling's conviction but found the original  sentence too harsh.      Once ranked seventh on the Fortune 500 list of large U.S.  companies, Enron went bankrupt on Dec. 2, 2001 in an accounting  scandal that remains one of the largest and most infamous U.S.  corporate meltdowns.      Thousands of workers lost their jobs and retirement savings,  and images were beamed around the globe of staff carrying  possessions out of Enron's downtown Houston office tower, past  the company's "crooked E" logo.      Wednesday's agreement, which is subject to court approval,  recommends that Skilling be resentenced to between 14 and 17-1/2  years in prison, including time already spent there. Skilling  has been in prison since December 2006.      "The proposed agreement brings certainty and finality to a  long painful process," Skilling's lawyer Daniel Petrocelli said  in a statement. "Although the recommended sentence for Jeff  would still be more than double any other Enron defendant, all  of whom have long been out of prison, Jeff will at least have  the chance to get back a meaningful part of his life."            "NOTORIOUS" FRAUD      Skilling had worked for Enron for two decades and was chief  executive for six months, leaving the company fewer than four  months before its bankruptcy.      A Houston federal jury in May 2006 convicted him on 19  counts of securities fraud, conspiracy, insider trading and  lying to auditors.      In imposing the 24-year sentence, U.S. District Judge Sim  Lake in Houston said Skilling had through his crimes "imposed on  hundreds, if not thousands of people a lifetime of poverty."      Skilling's sentence is the longest imposed over Enron's  collapse, which also led to the demise of the company's  accounting firm Arthur Andersen.      The 5th U.S. Circuit Court of Appeals ordered a resentencing  in 2009, but this was delayed as Skilling tried unsuccessfully  to persuade appellate courts, including the U.S. Supreme Court,  to overturn his conviction.      Lake is now scheduled to resentence Skilling on June 21.      U.S. Department of Justice spokesman Peter Carr said the  sentencing agreement "ensures that Mr. Skilling will be  appropriately punished for his crimes and that victims will  finally receive the restitution they deserve. Mr. Skilling will  no longer be permitted to challenge his conviction for one of  the most notorious frauds in American history."            ACCOUNTING SCANDAL      Along with WorldCom Inc and Adelphia Communications Corp,  Enron was at the center of a series of corporate accounting  scandals that led to reforms including the federal  Sarbanes-Oxley Act of 2002.      At the 2006 trial, the Houston jury also found Kenneth Lay,  who preceded and followed Skilling as Enron's chief executive,  guilty of fraud and conspiracy. Lay died in July 2006, and his  death led to his conviction being thrown out.      Former Chief Financial Officer Andrew Fastow, considered the  mastermind of Enron's fraud, testified against Skilling and Lay  and was sentenced to six years in prison.      Fastow was released in December 2011. He declined to comment  on Wednesday.      Another former top Enron executive and Skilling confidant,  Cliff Baxter, committed suicide less than two months after the  company's bankruptcy.      Skilling is being held at a low-security prison for men in  Littleton, Colorado, and according to federal prison records  could be freed in February 2028.      Federal prisoners like Skilling are expected to serve at  least 85 percent of their sentences.      In 2010, the Supreme Court did not overturn Skilling's  conviction, but called it into question in concluding that the  government relied on an overbroad interpretation of a law making  it illegal for someone to deprive others of "honest services."      The next year, however, the 5th Circuit reaffirmed the  conviction.      At his October 2006 sentencing, Skilling blamed Enron's  demise on a credit and liquidity crunch. "The company did not  have enough dry powder to deal with it," he said.      The case is U.S. v. Skilling, U.S. District Court, Southern  District of Texas, No. 04-cr-00025.     (Reporting by Jonathan Stempel in New York; Additional  reporting by Dena Aubin in New York, and David Ingram and Aruna  Viswanatha in Washington, D.C.; Editing by Gerald E. McCormick,  Chris Reese and Sofina Mirza-Reid)  
  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Spain's Realia to convert loans into shares to restructure debt

Written By Unknown on Rabu, 08 Mei 2013 | 16.47

MADRID | Wed May 8, 2013 2:45am EDT

MADRID May 8 (Reuters) - Spanish property firm Realia said on Wednesday it had agreed to convert a 115 million euro ($150 million) loan into shares as part of a plan to restructure debt and avoid insolvency proceedings.

Following the agreement, Spain's bad bank Sareb will control 8.9 percent of the property firm, while shareholder FCC will cut its stake to 33.6 percent from 50 percent. ($1 = 0.7642 euros) (Reporting By Tracy Rucinski; Editing by Fiona Ortiz)


16.47 | 0 komentar | Read More

CORRECTED-Spain's Realia to convert loans into shares to restructure debt

Wed May 8, 2013 3:10am EDT

MADRID May 8 (Reuters) - Spanish property firm Realia said on Wednesday it had agreed to convert a 115 million euro ($150 million) loan into shares as part of a plan to restructure debt and avoid insolvency proceedings.

Following the agreement, Spain's bad bank Sareb will control 8.9 percent of the property firm, while shareholder FCC will increase its stake to 33.6 percent. ($1 = 0.7642 euros) (Reporting By Tracy Rucinski; Editing by David Cowell)


16.47 | 0 komentar | Read More

UPDATE 1-Spain's Realia takes steps on debt restructuring

Wed May 8, 2013 4:44am EDT

* Agrees to convert a 115 million euro loan into shares

* Deal gives bad bank Sareb an 8.9 percent stake

* Firm must restructure $1 billion of debt by end-May

* Shares surge 41 percent (Adds price, Q1 results and shares)

MADRID, May 8 (Reuters) - Spanish property firm Realia agreed to convert a 115 million euro ($150 million) loan into shares as part of a plan to restructure debt and avoid insolvency, sending its stock sharply higher.

Realia, controlled by Spanish builder FCC and nationalised lender BFA-Bankia, was hit hard by a property crash. It has until the end of May to agree on restructuring terms for some 847 million euros ($1.1 billion) of debt.

Under a plan agreed on Wednesday, Realia may convert the loan, originally made by Bankia, into shares at a value of 1.92 euros each in a deal that would give Spain's bad bank Sareb an 8.9 percent stake in the property firm.

FCC's stake in Realia, which also reported a first-quarter net loss of 10.7 million euros on Wednesday, will rise to 33.6 percent from 30 percent currently as part of the deal, while BFA's 27 percent stake will fall.

Shares in Realia, which have lost a third of their value since the start of the year, surged 41 percent to 0.71 euros.

FCC, also under pressure to cut debt, is trying to sell around 2.2 billion euros of assets including Realia, while nationalised Bankia has also said it planned to sell its stake.

Realia's net debt was 2.2 billion euros at the of March. ($1 = 0.7642 euros) (Reporting By Tomas Cobos and Tracy Rucinski; Editing by Erica Billingham)

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

UPDATE 1-Ally Financial unit ResCap's CEO resigns

Written By Unknown on Selasa, 07 Mei 2013 | 16.47

Mon May 6, 2013 10:06am EDT

* Marano headed mortgage department at Bear Stearns

* Marano has previously worked for Cerberus Capital

* ResCap filed for bankruptcy in May 2012

May 6 (Reuters) - Residential Capital LLC Chief Executive Thomas Marano has resigned as the mortgage subsidiary of auto lender Ally Financial Inc works its way out of bankruptcy.

Marano, who joined ResCap in 2008, will remain as a member of the board.

Marano spent more than 25 years at now-defunct investment bank Bear Stearns & Co, where he was the global head of mortgage and asset-backed securities. Marano was managing director at Cerberus Capital Management before moving to ResCap.

ResCap filed for bankruptcy in May 2012 to protect its parent from mortgage liabilities that threatened to swamp the company. Ally is 74 percent-owned by the U.S. government after a series of bailouts.

Marano resignation comes at a time when creditors are awaiting a report from a court-appointed examiner, Arthur Gonzalez, about ResCap's relationship with Ally.

Warren Buffett's Berkshire Hathaway Inc , a ResCap creditor, asked the judge overseeing the ResCap bankruptcy for an investigation of what it called "potentially improper" pre-bankruptcy transactions between ResCap and Ally.

Gonzalez's report could provide leverage to creditors who want to hang a large portion of ResCap's liabilities of up to $25 billion on Ally.

Ally has offered $750 million to ResCap's estate in return for a release from liability.

Separately, ResCap late on Friday filed a complaint with the bankruptcy court seeking a declaration that its junior secured noteholders do not have a right to interest payments on their debt that accrued after ResCap filed for bankruptcy.

If ResCap succeeds, it could cut payments to holders of the junior secured notes by hundreds of millions of dollars, according to the court documents.

The ResCap bankruptcy case is In Re: Residential Capital LLC, U.S. Bankruptcy Court, Southern District of New York, No. 12-12020.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Boutique investment bank Ledgemont seeks Chapter 7 bankruptcy

Mon May 6, 2013 11:50am EDT

May 6 (Reuters) - Ledgemont Capital Group LLC, a boutique investment bank, filed for Chapter 7 bankruptcy to liquidate its assets, which it estimated at between $10 million and $50 million, according to court documents.

New York-based Ledgemont was a joint underwriter, along with Russian investment bank Renaissance Capital, of a scuttled, $460 million initial public offering by FriendFinder Networks Inc that was originally planned for 2008.

FriendFinder Networks, which publishes the adult magazine Penthouse, eventually went public in 2011 after it named Imperial Capital and Ladenburg Thalmann & Co as its underwriters.

Ledgemont was founded by Keith Barksdale, who had been with Donaldson, Lufkin & Jenrette, and Edward Neugeboren, formerly of Lehman Brothers, according to the firm's website.

Ledgemont also employed Kerry Kittles, a former college basketball star at Villanova University who played several years with the New Jersey Nets and Los Angeles Clippers in the National Basketball Association.

In a Chapter 7 bankruptcy, a trustee is appointed to oversee the sale of a company's assets to raise money to repay creditors.

Ledgemont said it had between $1 million and $10 million of liabilities, according to documents filed with the U.S. Bankruptcy Court in Wilmington, Delaware, on Friday.

The case is Ledgemont Capital Group LLC, U.S. Bankruptcy Court, District of Delaware, No. 13-11196

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Brazil wants shareholders to pay for rescue of troubled banks

Mon May 6, 2013 1:59pm EDT

* Central bank finishing details of new banking legislation

* Bill aims to avoid massive bailouts of United States and Europe

By Alonso Soto

BRASILIA, May 6 (Reuters) - The Brazilian government, concerned about systemic risk in the rapid growth of banking assets, will propose legislation to make shareholders, bondholders and depositors pay for rescuing troubled banks and shield taxpayers from the cost of bailouts.

Central Bank President Alexandre Tombini told a banking seminar on Monday that the legislation aims to mitigate "moral hazard" by forcing banks to assume full responsibility for their losses in what is known as a "bail-in." It was applied in Cyprus to stop a run on the banks and Canada is also considering rules to deal with potential bank failures.

In the case of Brazil, the proposed bill underscores mounting unease among regulators with the rapid pace of growth of banking assets in Latin America's largest economy in recent years. Some banks might be "too big too fail" in Brazil, and the need to discourage irresponsible behavior could be higher now than before as state-run lenders expand their balance sheets three times the pace of their private-sector peers.

The proposed legislation still has to be reviewed by several cabinet ministries before being sent to Congress.

Tombini said that while Brazil's banks are solid and currently have the necessary capital to pay for credit-related losses, the legislation would call for large, uninsured depositors to help bolster the capital of ailing banks.

"One key goal here is to ensure financial stability and mitigate any negative externalities stemming from a credit event on the real economy, making sure the infrastructure of the financial system continues to function," Tombini said.

In recent months, loan delinquencies in Brazil have fallen from record highs after year-long approach by private banks such as Itaú Unibanco Holding SA and Banco Bradesco SA to avoid riskier loans. On the other hand, state-owned banks like Banco do Brasil SA and Caixa Economica Federal have raised lending to help President Dilma Rousseff's administration improve a slow economic recovery.

The discussion about "bail-in" measures comes after governments in Europe and the United States rescued dozens of troubled banks with taxpayers' money in the aftermath of the global financial crisis of 2008. Critics said those banks should have been held more accountable for their risky business.

The European Union is also discussing proposals for shareholders and some depositors to take on losses of failed banks, following decisions in Cyprus for depositors to take losses in return for an international bailout.

Some economists have said that bail-in schemes could lead depositors to stay away from the financial system or simply deal with the safest institutions, shunning small banks and hampering competition.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

RPT-UPDATE 2-Illinois House passes sweeping pension fix in close vote

Written By Unknown on Senin, 06 Mei 2013 | 16.47

Fri May 3, 2013 12:28pm EDT

By JoAnne von Alroth

SPRINGFIELD, Ill., May 2, (Reuters) - The Illinois House of Representatives in a 62 to 51 vote on Thursday passed a comprehensive bill aimed at addressing the nation's most under funded state pension plan, a major step after weeks of legislative maneuvering had made pensions the dominant political issue in the financially strapped state.

The bill, introduced only two days ago by the powerful Democratic House Speaker Michael Madigan, now goes to the state Senate. That chamber's president is preparing a competing plan that is viewed as more favorable to the state's public-employee labor unions.

The Madigan bill, which is designed to eliminate a $96.8 billion funding shortfall over 30 years, relies on changes to retirement benefits that unions say are a violation of the state constitution. Union leaders have said they will challenge the measure in court if it becomes law, and Madigan acknowledged during floor debate Thursday that implementation likely would not move forward until courts rule on the constitutional issue.

"In my judgment, this is a critical action that must be taken now. Must be taken for future budget making. Must be taken for the fiscal well-being and reputation of the state of Illinois," Madigan said during a floor debate prior to the bill's passage. Madigan won the votes of two-thirds of the Democrats, with 40 of them voting for it and 28 against, while Republicans split nearly evenly, 22 for and 23 against.

No actuarial analysis of Madigan's measure has yet emerged, but the speaker said it would fully fund the pension system by 2044 and reduce the state's pension payment by $1.5 billion in fiscal 2015.

Several law makers acknowledged struggling with how to cast their vote. "This state is in crisis," said Republican State Representative Dwight Kay. "What we're doing today is not an easy move."

The measure now moves to the state's upper chamber, where Senate President John Cullerton, a Democrat, is circulating a union-backed plan. Cullerton has not yet released details of the new plan, which he described as being "credible and constitutional" after emerging from a closed-door meeting with union leaders on Wednesday.

A spokeswoman for Cullerton said the Senate President plans to discuss both measures with his Democratic caucus on Tuesday. Still, Madigan was optimistic his plan would pass the Senate.

"We've taken that first step in the House. My expectation is that the Senate will approve this bill," Madigan told reporters after the vote.

The state's constitution prohibits any diminishment of benefits to current and retired workers, and Cullerton has stated he believes the union plan will meet any constitutional test. Cullerton previously said he does not believe Madigan's plan can survive a constitutional challenge.

The Senate's Republican Leader Christine Radogno said "a significant number" of lawmakers from her caucus were expected to support Madigan's bill.

Madigan's measure affects four of the state's five pension funds. The speaker said the bill exempts the judges' pension fund to eliminate conflicts of interest for judges who would hear likely legal challenges to the bill should it become law.

The Madigan measure sets a cap on salaries used to determine pensions, limits cost-of living adjustments on pensions for future retirees, increases retirement ages and hikes worker pension contributions. It introduces changes to calculating the state's annual pension contributions that are designed to come closer to the actual future cost, and also exempts pension changes from collective bargaining.

After the vote, a coalition of public labor unions blasted the bill as being unfair to workers who have paid into their pension funds while the state has skipped or skimped on its payments.

"On top of that, it is blatantly unconstitutional and thus saves nothing. It simply exacerbates Illinois' fiscal problems," said a statement from We Are One Illinois. The group added that it was continuing talks with Cullerton.

Illinois lawmakers, who are in the final weeks of their spring legislative session, are under pressure to deal with the worst-funded state pension system. Pension payments are squeezing out funding for core services, while the state's backlog of overdue bills has topped $9 billion.

Credit rating agencies, meanwhile have downgraded Illinois' debt rating to the lowest level among states, and a government watchdog group has reported that pension payments along with debt service on outstanding pension bonds will amount to almost 25 percent of the state's upcoming general fund budget.

Madigan's bill contains elements similar to those in another comprehensive bill that failed to pass out of the Senate in March.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Scottish Coal liquidators say in talks over parts of business

LONDON | Fri May 3, 2013 12:33pm EDT

LONDON May 3 (Reuters) - Liquidators for Scottish Coal, KPMG, said on Friday they were in talks regarding the possible sale of parts of the business.

The company ran out of cash last month, putting 600 jobs at risk and closing mines that are major suppliers to Britain's power stations.

"Over the last few days we have been in discussion with a variety of parties who have expressed an interest in the business or more precisely certain parts of it," accountancy firm KPMG said.

No names were disclosed.

Last month Hargreaves Services, Britain's second biggest producer of coal, raised 42 million pounds ($65.39 million) to buy rival operations and develop new mines.

Venture capitalist John Moulton's company Better Capital has been reported to be in talks to buy coal miner ATH Resources, which went into administration late last year.

Britain's coal industry is struggling to survive in the face of competition from imports and rising costs.

Its largest producer, UK Coal, said this week it was in talks with creditors to save 2,000 jobs and keep mines open that supply large utilities such as Drax, Scottish and Southern Energy and subsidiaries of E.ON and RWE.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Mine workers union warns of strike at Patriot Coal if contract voided

By tim bross

ST. LOUIS | Fri May 3, 2013 5:51pm EDT

ST. LOUIS May 3 (Reuters) - A lawyer for the United Mine Workers of America on Friday told a bankruptcy judge it would be forced to strike if Patriot Coal Corp succeeds in voiding its contract with the union, as five days of contentious court hearings came to an end.

Attorney Fred Perillo said the union would do everything in its power to reach a consensual agreement with Patriot, which is seeking to impose $150 million a year in labor cuts.

But if Judge Kathy Surratt-States approves the proposal, which would end pension contributions, alter healthcare and lower pay rates, Perillo said a strike will follow.

"No contract, no work," Perillo said during closing arguments to cap off the hearing in U.S. Bankruptcy Court in St. Louis.

Ben Hatfield, Patriot's chief executive, said later that Perillo's remarks were ill-conceived.

"It's a poor time to be throwing out threats," Hatfield told Reuters in an interview outside the courtroom. "I think reasoned judgment will prevail when it comes to workers retaining their jobs in this environment."

Hatfield said a UMWA strike would be a replay of what happened in the bankruptcy of Hostess Brands Inc, which last year liquidated after a union strike caused it to hemorrhage money.

Judge Surratt-States has until May 29 to rule in the Patriot case.

St. Louis-based Patriot declared bankruptcy in July amid weak coal markets and heavy pension and healthcare costs, saying it needed major concessions from unions to stay in business.

Patriot has proposed ceasing pension contributions and transferring healthcare to a voluntary employees' beneficiary association, or VEBA, stocking it with $15 million in up-front cash and another $300 million in profit-sharing contributions.

It would give the union a 35 percent equity stake in reorganized Patriot, which could be sold to help fund the VEBA.

Without the cuts, the company has said it would be forced to liquidate. The union, which represents about 1,700 current Patriot workers and another 13,000 retirees and their families, has called the proposal "nowhere near" fair, and staged heated rallies in St. Louis, New York and elsewhere.

Bankruptcy laws allow companies to impose unilateral cuts to labor contracts, but only if they can show the cuts are critical to survival and that a good faith effort was made to achieve them consensually.

Before the start of closing arguments on Friday, Patriot's unsecured creditors' committee said it had withdrawn its initial objection to the 35 percent stake.

Patriot lawyer Ben Kaminetzky in his closing argument criticized the UMWA for casting the issue as a "Wall Street against Main Street" class struggle, saying Patriot did not begrudge the benefits and wages collected by union workers, but simply "cannot afford them."

Kaminetzy balked at the union's position that it has been asked to bear a disproportionate share of Patriot's cuts, saying nonunion employees have sacrificed for years while union workers have received "multiple raises."

Patriot reached consensual concessions from its non-union workers last month.

One key topic on which the union and Patriot agree is the liability of Peabody Energy, the former parent that spun Patriot off in 2007. Patriot and the UMWA have filed lawsuits seeking to keep Peabody on the hook if Patriot cannot afford to pay benefits.

The union has alleged that Peabody saddled Patriot with unsustainable legacy costs, knowing it would eventually fail.

But Kaminetzky said the union "sounds like it wants to reward Peabody with Patriot's liquidation" by resisting cutbacks that are necessary for survival.

A Peabody spokesman on Friday declined to comment, but in the past has said that the spinoff was above board.

"Patriot was highly successful following its launch more than five years ago with significant assets, low debt and a market value that more than quadrupled in less than a year," the spokesman Vic Svec said in a statement earlier this week.

The bankruptcy is In Re Patriot Coal Corp, U.S. Bankruptcy Court, Eastern District of Missouri, No. 12-51502.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

RPT-UPDATE 2-Illinois House passes sweeping pension fix in close vote

Written By Unknown on Minggu, 05 Mei 2013 | 16.47

Fri May 3, 2013 12:28pm EDT

By JoAnne von Alroth

SPRINGFIELD, Ill., May 2, (Reuters) - The Illinois House of Representatives in a 62 to 51 vote on Thursday passed a comprehensive bill aimed at addressing the nation's most under funded state pension plan, a major step after weeks of legislative maneuvering had made pensions the dominant political issue in the financially strapped state.

The bill, introduced only two days ago by the powerful Democratic House Speaker Michael Madigan, now goes to the state Senate. That chamber's president is preparing a competing plan that is viewed as more favorable to the state's public-employee labor unions.

The Madigan bill, which is designed to eliminate a $96.8 billion funding shortfall over 30 years, relies on changes to retirement benefits that unions say are a violation of the state constitution. Union leaders have said they will challenge the measure in court if it becomes law, and Madigan acknowledged during floor debate Thursday that implementation likely would not move forward until courts rule on the constitutional issue.

"In my judgment, this is a critical action that must be taken now. Must be taken for future budget making. Must be taken for the fiscal well-being and reputation of the state of Illinois," Madigan said during a floor debate prior to the bill's passage. Madigan won the votes of two-thirds of the Democrats, with 40 of them voting for it and 28 against, while Republicans split nearly evenly, 22 for and 23 against.

No actuarial analysis of Madigan's measure has yet emerged, but the speaker said it would fully fund the pension system by 2044 and reduce the state's pension payment by $1.5 billion in fiscal 2015.

Several law makers acknowledged struggling with how to cast their vote. "This state is in crisis," said Republican State Representative Dwight Kay. "What we're doing today is not an easy move."

The measure now moves to the state's upper chamber, where Senate President John Cullerton, a Democrat, is circulating a union-backed plan. Cullerton has not yet released details of the new plan, which he described as being "credible and constitutional" after emerging from a closed-door meeting with union leaders on Wednesday.

A spokeswoman for Cullerton said the Senate President plans to discuss both measures with his Democratic caucus on Tuesday. Still, Madigan was optimistic his plan would pass the Senate.

"We've taken that first step in the House. My expectation is that the Senate will approve this bill," Madigan told reporters after the vote.

The state's constitution prohibits any diminishment of benefits to current and retired workers, and Cullerton has stated he believes the union plan will meet any constitutional test. Cullerton previously said he does not believe Madigan's plan can survive a constitutional challenge.

The Senate's Republican Leader Christine Radogno said "a significant number" of lawmakers from her caucus were expected to support Madigan's bill.

Madigan's measure affects four of the state's five pension funds. The speaker said the bill exempts the judges' pension fund to eliminate conflicts of interest for judges who would hear likely legal challenges to the bill should it become law.

The Madigan measure sets a cap on salaries used to determine pensions, limits cost-of living adjustments on pensions for future retirees, increases retirement ages and hikes worker pension contributions. It introduces changes to calculating the state's annual pension contributions that are designed to come closer to the actual future cost, and also exempts pension changes from collective bargaining.

After the vote, a coalition of public labor unions blasted the bill as being unfair to workers who have paid into their pension funds while the state has skipped or skimped on its payments.

"On top of that, it is blatantly unconstitutional and thus saves nothing. It simply exacerbates Illinois' fiscal problems," said a statement from We Are One Illinois. The group added that it was continuing talks with Cullerton.

Illinois lawmakers, who are in the final weeks of their spring legislative session, are under pressure to deal with the worst-funded state pension system. Pension payments are squeezing out funding for core services, while the state's backlog of overdue bills has topped $9 billion.

Credit rating agencies, meanwhile have downgraded Illinois' debt rating to the lowest level among states, and a government watchdog group has reported that pension payments along with debt service on outstanding pension bonds will amount to almost 25 percent of the state's upcoming general fund budget.

Madigan's bill contains elements similar to those in another comprehensive bill that failed to pass out of the Senate in March.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Scottish Coal liquidators say in talks over parts of business

LONDON | Fri May 3, 2013 12:33pm EDT

LONDON May 3 (Reuters) - Liquidators for Scottish Coal, KPMG, said on Friday they were in talks regarding the possible sale of parts of the business.

The company ran out of cash last month, putting 600 jobs at risk and closing mines that are major suppliers to Britain's power stations.

"Over the last few days we have been in discussion with a variety of parties who have expressed an interest in the business or more precisely certain parts of it," accountancy firm KPMG said.

No names were disclosed.

Last month Hargreaves Services, Britain's second biggest producer of coal, raised 42 million pounds ($65.39 million) to buy rival operations and develop new mines.

Venture capitalist John Moulton's company Better Capital has been reported to be in talks to buy coal miner ATH Resources, which went into administration late last year.

Britain's coal industry is struggling to survive in the face of competition from imports and rising costs.

Its largest producer, UK Coal, said this week it was in talks with creditors to save 2,000 jobs and keep mines open that supply large utilities such as Drax, Scottish and Southern Energy and subsidiaries of E.ON and RWE.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Mine workers union warns of strike at Patriot Coal if contract voided

By tim bross

ST. LOUIS | Fri May 3, 2013 5:51pm EDT

ST. LOUIS May 3 (Reuters) - A lawyer for the United Mine Workers of America on Friday told a bankruptcy judge it would be forced to strike if Patriot Coal Corp succeeds in voiding its contract with the union, as five days of contentious court hearings came to an end.

Attorney Fred Perillo said the union would do everything in its power to reach a consensual agreement with Patriot, which is seeking to impose $150 million a year in labor cuts.

But if Judge Kathy Surratt-States approves the proposal, which would end pension contributions, alter healthcare and lower pay rates, Perillo said a strike will follow.

"No contract, no work," Perillo said during closing arguments to cap off the hearing in U.S. Bankruptcy Court in St. Louis.

Ben Hatfield, Patriot's chief executive, said later that Perillo's remarks were ill-conceived.

"It's a poor time to be throwing out threats," Hatfield told Reuters in an interview outside the courtroom. "I think reasoned judgment will prevail when it comes to workers retaining their jobs in this environment."

Hatfield said a UMWA strike would be a replay of what happened in the bankruptcy of Hostess Brands Inc, which last year liquidated after a union strike caused it to hemorrhage money.

Judge Surratt-States has until May 29 to rule in the Patriot case.

St. Louis-based Patriot declared bankruptcy in July amid weak coal markets and heavy pension and healthcare costs, saying it needed major concessions from unions to stay in business.

Patriot has proposed ceasing pension contributions and transferring healthcare to a voluntary employees' beneficiary association, or VEBA, stocking it with $15 million in up-front cash and another $300 million in profit-sharing contributions.

It would give the union a 35 percent equity stake in reorganized Patriot, which could be sold to help fund the VEBA.

Without the cuts, the company has said it would be forced to liquidate. The union, which represents about 1,700 current Patriot workers and another 13,000 retirees and their families, has called the proposal "nowhere near" fair, and staged heated rallies in St. Louis, New York and elsewhere.

Bankruptcy laws allow companies to impose unilateral cuts to labor contracts, but only if they can show the cuts are critical to survival and that a good faith effort was made to achieve them consensually.

Before the start of closing arguments on Friday, Patriot's unsecured creditors' committee said it had withdrawn its initial objection to the 35 percent stake.

Patriot lawyer Ben Kaminetzky in his closing argument criticized the UMWA for casting the issue as a "Wall Street against Main Street" class struggle, saying Patriot did not begrudge the benefits and wages collected by union workers, but simply "cannot afford them."

Kaminetzy balked at the union's position that it has been asked to bear a disproportionate share of Patriot's cuts, saying nonunion employees have sacrificed for years while union workers have received "multiple raises."

Patriot reached consensual concessions from its non-union workers last month.

One key topic on which the union and Patriot agree is the liability of Peabody Energy, the former parent that spun Patriot off in 2007. Patriot and the UMWA have filed lawsuits seeking to keep Peabody on the hook if Patriot cannot afford to pay benefits.

The union has alleged that Peabody saddled Patriot with unsustainable legacy costs, knowing it would eventually fail.

But Kaminetzky said the union "sounds like it wants to reward Peabody with Patriot's liquidation" by resisting cutbacks that are necessary for survival.

A Peabody spokesman on Friday declined to comment, but in the past has said that the spinoff was above board.

"Patriot was highly successful following its launch more than five years ago with significant assets, low debt and a market value that more than quadrupled in less than a year," the spokesman Vic Svec said in a statement earlier this week.

The bankruptcy is In Re Patriot Coal Corp, U.S. Bankruptcy Court, Eastern District of Missouri, No. 12-51502.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

RPT-UPDATE 2-Illinois House passes sweeping pension fix in close vote

Written By Unknown on Sabtu, 04 Mei 2013 | 16.47

Fri May 3, 2013 12:28pm EDT

By JoAnne von Alroth

SPRINGFIELD, Ill., May 2, (Reuters) - The Illinois House of Representatives in a 62 to 51 vote on Thursday passed a comprehensive bill aimed at addressing the nation's most under funded state pension plan, a major step after weeks of legislative maneuvering had made pensions the dominant political issue in the financially strapped state.

The bill, introduced only two days ago by the powerful Democratic House Speaker Michael Madigan, now goes to the state Senate. That chamber's president is preparing a competing plan that is viewed as more favorable to the state's public-employee labor unions.

The Madigan bill, which is designed to eliminate a $96.8 billion funding shortfall over 30 years, relies on changes to retirement benefits that unions say are a violation of the state constitution. Union leaders have said they will challenge the measure in court if it becomes law, and Madigan acknowledged during floor debate Thursday that implementation likely would not move forward until courts rule on the constitutional issue.

"In my judgment, this is a critical action that must be taken now. Must be taken for future budget making. Must be taken for the fiscal well-being and reputation of the state of Illinois," Madigan said during a floor debate prior to the bill's passage. Madigan won the votes of two-thirds of the Democrats, with 40 of them voting for it and 28 against, while Republicans split nearly evenly, 22 for and 23 against.

No actuarial analysis of Madigan's measure has yet emerged, but the speaker said it would fully fund the pension system by 2044 and reduce the state's pension payment by $1.5 billion in fiscal 2015.

Several law makers acknowledged struggling with how to cast their vote. "This state is in crisis," said Republican State Representative Dwight Kay. "What we're doing today is not an easy move."

The measure now moves to the state's upper chamber, where Senate President John Cullerton, a Democrat, is circulating a union-backed plan. Cullerton has not yet released details of the new plan, which he described as being "credible and constitutional" after emerging from a closed-door meeting with union leaders on Wednesday.

A spokeswoman for Cullerton said the Senate President plans to discuss both measures with his Democratic caucus on Tuesday. Still, Madigan was optimistic his plan would pass the Senate.

"We've taken that first step in the House. My expectation is that the Senate will approve this bill," Madigan told reporters after the vote.

The state's constitution prohibits any diminishment of benefits to current and retired workers, and Cullerton has stated he believes the union plan will meet any constitutional test. Cullerton previously said he does not believe Madigan's plan can survive a constitutional challenge.

The Senate's Republican Leader Christine Radogno said "a significant number" of lawmakers from her caucus were expected to support Madigan's bill.

Madigan's measure affects four of the state's five pension funds. The speaker said the bill exempts the judges' pension fund to eliminate conflicts of interest for judges who would hear likely legal challenges to the bill should it become law.

The Madigan measure sets a cap on salaries used to determine pensions, limits cost-of living adjustments on pensions for future retirees, increases retirement ages and hikes worker pension contributions. It introduces changes to calculating the state's annual pension contributions that are designed to come closer to the actual future cost, and also exempts pension changes from collective bargaining.

After the vote, a coalition of public labor unions blasted the bill as being unfair to workers who have paid into their pension funds while the state has skipped or skimped on its payments.

"On top of that, it is blatantly unconstitutional and thus saves nothing. It simply exacerbates Illinois' fiscal problems," said a statement from We Are One Illinois. The group added that it was continuing talks with Cullerton.

Illinois lawmakers, who are in the final weeks of their spring legislative session, are under pressure to deal with the worst-funded state pension system. Pension payments are squeezing out funding for core services, while the state's backlog of overdue bills has topped $9 billion.

Credit rating agencies, meanwhile have downgraded Illinois' debt rating to the lowest level among states, and a government watchdog group has reported that pension payments along with debt service on outstanding pension bonds will amount to almost 25 percent of the state's upcoming general fund budget.

Madigan's bill contains elements similar to those in another comprehensive bill that failed to pass out of the Senate in March.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Scottish Coal liquidators say in talks over parts of business

LONDON | Fri May 3, 2013 12:33pm EDT

LONDON May 3 (Reuters) - Liquidators for Scottish Coal, KPMG, said on Friday they were in talks regarding the possible sale of parts of the business.

The company ran out of cash last month, putting 600 jobs at risk and closing mines that are major suppliers to Britain's power stations.

"Over the last few days we have been in discussion with a variety of parties who have expressed an interest in the business or more precisely certain parts of it," accountancy firm KPMG said.

No names were disclosed.

Last month Hargreaves Services, Britain's second biggest producer of coal, raised 42 million pounds ($65.39 million) to buy rival operations and develop new mines.

Venture capitalist John Moulton's company Better Capital has been reported to be in talks to buy coal miner ATH Resources, which went into administration late last year.

Britain's coal industry is struggling to survive in the face of competition from imports and rising costs.

Its largest producer, UK Coal, said this week it was in talks with creditors to save 2,000 jobs and keep mines open that supply large utilities such as Drax, Scottish and Southern Energy and subsidiaries of E.ON and RWE.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Mine workers union warns of strike at Patriot Coal if contract voided

By tim bross

ST. LOUIS | Fri May 3, 2013 5:51pm EDT

ST. LOUIS May 3 (Reuters) - A lawyer for the United Mine Workers of America on Friday told a bankruptcy judge it would be forced to strike if Patriot Coal Corp succeeds in voiding its contract with the union, as five days of contentious court hearings came to an end.

Attorney Fred Perillo said the union would do everything in its power to reach a consensual agreement with Patriot, which is seeking to impose $150 million a year in labor cuts.

But if Judge Kathy Surratt-States approves the proposal, which would end pension contributions, alter healthcare and lower pay rates, Perillo said a strike will follow.

"No contract, no work," Perillo said during closing arguments to cap off the hearing in U.S. Bankruptcy Court in St. Louis.

Ben Hatfield, Patriot's chief executive, said later that Perillo's remarks were ill-conceived.

"It's a poor time to be throwing out threats," Hatfield told Reuters in an interview outside the courtroom. "I think reasoned judgment will prevail when it comes to workers retaining their jobs in this environment."

Hatfield said a UMWA strike would be a replay of what happened in the bankruptcy of Hostess Brands Inc, which last year liquidated after a union strike caused it to hemorrhage money.

Judge Surratt-States has until May 29 to rule in the Patriot case.

St. Louis-based Patriot declared bankruptcy in July amid weak coal markets and heavy pension and healthcare costs, saying it needed major concessions from unions to stay in business.

Patriot has proposed ceasing pension contributions and transferring healthcare to a voluntary employees' beneficiary association, or VEBA, stocking it with $15 million in up-front cash and another $300 million in profit-sharing contributions.

It would give the union a 35 percent equity stake in reorganized Patriot, which could be sold to help fund the VEBA.

Without the cuts, the company has said it would be forced to liquidate. The union, which represents about 1,700 current Patriot workers and another 13,000 retirees and their families, has called the proposal "nowhere near" fair, and staged heated rallies in St. Louis, New York and elsewhere.

Bankruptcy laws allow companies to impose unilateral cuts to labor contracts, but only if they can show the cuts are critical to survival and that a good faith effort was made to achieve them consensually.

Before the start of closing arguments on Friday, Patriot's unsecured creditors' committee said it had withdrawn its initial objection to the 35 percent stake.

Patriot lawyer Ben Kaminetzky in his closing argument criticized the UMWA for casting the issue as a "Wall Street against Main Street" class struggle, saying Patriot did not begrudge the benefits and wages collected by union workers, but simply "cannot afford them."

Kaminetzy balked at the union's position that it has been asked to bear a disproportionate share of Patriot's cuts, saying nonunion employees have sacrificed for years while union workers have received "multiple raises."

Patriot reached consensual concessions from its non-union workers last month.

One key topic on which the union and Patriot agree is the liability of Peabody Energy, the former parent that spun Patriot off in 2007. Patriot and the UMWA have filed lawsuits seeking to keep Peabody on the hook if Patriot cannot afford to pay benefits.

The union has alleged that Peabody saddled Patriot with unsustainable legacy costs, knowing it would eventually fail.

But Kaminetzky said the union "sounds like it wants to reward Peabody with Patriot's liquidation" by resisting cutbacks that are necessary for survival.

A Peabody spokesman on Friday declined to comment, but in the past has said that the spinoff was above board.

"Patriot was highly successful following its launch more than five years ago with significant assets, low debt and a market value that more than quadrupled in less than a year," the spokesman Vic Svec said in a statement earlier this week.

The bankruptcy is In Re Patriot Coal Corp, U.S. Bankruptcy Court, Eastern District of Missouri, No. 12-51502.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

UPDATE 2-Illinois House passes sweeping pension fix in close vote

Written By Unknown on Jumat, 03 Mei 2013 | 16.47

Thu May 2, 2013 7:15pm EDT

By JoAnne von Alroth

SPRINGFIELD, Ill., May 2, (Reuters) - The Illinois House of Representatives in a 62 to 51 vote on Thursday passed a comprehensive bill aimed at addressing the nation's most under funded state pension plan, a major step after weeks of legislative maneuvering had made pensions the dominant political issue in the financially strapped state.

The bill, introduced only two days ago by the powerful Democratic House Speaker Michael Madigan, now goes to the state Senate. That chamber's president is preparing a competing plan that is viewed as more favorable to the state's public-employee labor unions.

The Madigan bill, which is designed to eliminate a $96.8 billion funding shortfall over 30 years, relies on changes to retirement benefits that unions say are a violation of the state constitution. Union leaders have said they will challenge the measure in court if it becomes law, and Madigan acknowledged during floor debate Thursday that implementation likely would not move forward until courts rule on the constitutional issue.

"In my judgment, this is a critical action that must be taken now. Must be taken for future budget making. Must be taken for the fiscal well-being and reputation of the state of Illinois," Madigan said during a floor debate prior to the bill's passage. Madigan won the votes of two-thirds of the Democrats, with 40 of them voting for it and 28 against, while Republicans split nearly evenly, 22 for and 23 against.

No actuarial analysis of Madigan's measure has yet emerged, but the speaker said it would fully fund the pension system by 2044 and reduce the state's pension payment by $1.5 billion in fiscal 2015.

Several law makers acknowledged struggling with how to cast their vote. "This state is in crisis," said Republican State Representative Dwight Kay. "What we're doing today is not an easy move."

The measure now moves to the state's upper chamber, where Senate President John Cullerton, a Democrat, is circulating a union-backed plan. Cullerton has not yet released details of the new plan, which he described as being "credible and constitutional" after emerging from a closed-door meeting with union leaders on Wednesday.

A spokeswoman for Cullerton said the Senate President plans to discuss both measures with his Democratic caucus on Tuesday. Still, Madigan was optimistic his plan would pass the Senate.

"We've taken that first step in the House. My expectation is that the Senate will approve this bill," Madigan told reporters after the vote.

The state's constitution prohibits any diminishment of benefits to current and retired workers, and Cullerton has stated he believes the union plan will meet any constitutional test. Cullerton previously said he does not believe Madigan's plan can survive a constitutional challenge.

The Senate's Republican Leader Christine Radogno said "a significant number" of lawmakers from her caucus were expected to support Madigan's bill.

Madigan's measure affects four of the state's five pension funds. The speaker said the bill exempts the judges' pension fund to eliminate conflicts of interest for judges who would hear likely legal challenges to the bill should it become law.

The Madigan measure sets a cap on salaries used to determine pensions, limits cost-of living adjustments on pensions for future retirees, increases retirement ages and hikes worker pension contributions. It introduces changes to calculating the state's annual pension contributions that are designed to come closer to the actual future cost, and also exempts pension changes from collective bargaining.

After the vote, a coalition of public labor unions blasted the bill as being unfair to workers who have paid into their pension funds while the state has skipped or skimped on its payments.

"On top of that, it is blatantly unconstitutional and thus saves nothing. It simply exacerbates Illinois' fiscal problems," said a statement from We Are One Illinois. The group added that it was continuing talks with Cullerton.

Illinois lawmakers, who are in the final weeks of their spring legislative session, are under pressure to deal with the worst-funded state pension system. Pension payments are squeezing out funding for core services, while the state's backlog of overdue bills has topped $9 billion.

Credit rating agencies, meanwhile have downgraded Illinois' debt rating to the lowest level among states, and a government watchdog group has reported that pension payments along with debt service on outstanding pension bonds will amount to almost 25 percent of the state's upcoming general fund budget.

Madigan's bill contains elements similar to those in another comprehensive bill that failed to pass out of the Senate in March.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Residents of bankrupt California city launch council recall

Thu May 2, 2013 7:33pm EDT

* Council member says move "ill-advised"

* Court ruling on bankruptcy several months off

By Tim Reid

LOS ANGELES, May 2 (Reuters) - Up in arms against the leadership it blames for San Bernardino's bankruptcy, a group of business people and residents on Thursday launched a campaign to recall the California city's council, mayor and city attorney.

The group, looking for a "clean sweep" inside crisis-hit San Bernardino, presented its initiative on the steps of City Hall before a crowd of residents and local media.

San Bernardino, a city of 210,000 about 65 miles east of Los Angeles, filed for bankruptcy in August 2012 citing a cash-flow crisis and a budget deficit of $45 million for the current fiscal year.

While any court decision on bankruptcy protection for San Bernardino looks several months off, Stockton, another California city that declared bankruptcy last summer, was awarded Chapter 9 protection by a judge last month.

Both cities are considered test cases in the battle over whether municipal bondholders or pensioners should absorb most of the pain when a local government goes broke. Battle lines have been drawn in the two cases between Calpers, the state pension fund, and Wall Street bondholders over how they will be treated as creditors.

San Bernardino passed a new budget last week that calls for it to resume payments to Calpers in July - after a year of non-payments - but not to many other creditors, including holders and insurers of its $50 million in pension bonds.

The Stockton bankruptcy has progressed more quickly and the city appears more organized to deal with proceedings than does San Bernardino, where the case has become bogged down in procedural issues involving financial evidence. The city and its creditors are due to meet again in court next week.

The group of San Bernardino business people and residents seeking to eject the city's current leadership needs to collect enough signatures by July 30, and find viable candidates, to challenge the seven council members, the mayor and city attorney in November's election.

The group, San Bernardino Residents for Responsible Government, is led by local businessmen Scott Beard and Tom Brickley. Beard says there are "10 core members" of the group and they have been planning the recall drive for nearly a year.

"We are very frustrated with the performance of our council and we have to take some action," Beard said in a telephone interview.

"We just feel the only way to correct that problem is to change the entire leadership."

Beard said the group already had four people willing to stand as council candidates, but he declined to provide their names. He said the group is talking to others so the entire council will be challenged in November.

Recall elections are difficult to execute. In San Bernardino's case, the group must collect signatures of 25 percent of registered voters in each of the city's seven wards to bring a recall election against each council member, and 15 percent of the city's registered voters to challenge the mayor and city attorney.

If the group obtains enough signatures in each council district and across the city, it will force all seven council members, plus the mayor and city attorney, onto November's ballot, with a challenger for each. Otherwise, only three of the council's members would be on the ballot in November.

That process could cost at least $200,000, the city says. Beard says the group has already raised $80,000 and has pledges for at least $100,000 more.

Beard said it was worth spending the money, and replacing the current council, which has been riven by infighting and dissent. A new one could "work together, create jobs, protect residents and come up with a viable long-term plan for the city," he said.

After the procedural hurdles have been navigated, voters must then be convinced to vote for the challengers and kick the incumbents out.

Fred Shorrett, a council member, said the move was "ill-advised," adding, "I certainly understand the frustrations of the community. But this is throwing the baby out with the bath water. This is not good for the community in light of the bankruptcy proceedings."

James Penman, long the city's attorney and a particular target of the recall advocates, wrote in the San Bernardino Sun newspaper that the move was irresponsible.

He said the city had made significant progress in the bankruptcy proceedings, citing last week's new budget. "What San Bernardino needs most today is unity and continuity," Penman wrote.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

PHILIPPINES PRESS-Shareholders move to stop Exportbank's liquidation - Inquirer

Thomson Reuters is the world's largest international multimedia news agency, providing investing news, world news, business news, technology news, headline news, small business news, news alerts, personal finance, stock market, and mutual funds information available on Reuters.com, video, mobile, and interactive television platforms. Thomson Reuters journalists are subject to an Editorial Handbook which requires fair presentation and disclosure of relevant interests.

NYSE and AMEX quotes delayed by at least 20 minutes. Nasdaq delayed by at least 15 minutes. For a complete list of exchanges and delays, please click here.


16.47 | 0 komentar | Read More

Australian tycoon Tinkler faces legal action for insolvent trading

Written By Unknown on Kamis, 02 Mei 2013 | 16.47

MELBOURNE | Thu May 2, 2013 3:24am EDT

MELBOURNE May 2 (Reuters) - Liquidators of one of Australian coal magnate Nathan Tinkler's private companies have launched a legal action against the struggling tycoon and fellow directors for insolvent trading, one of his creditors, Blackwood Corp Ltd, said on Thursday.

"If the court finds the directors and officers liable for insolvent trading, it may make compensation orders against them personally for which they will be jointly and severally liable," Blackwood said in a statement emailed to Reuters.

A spokesman for Tinkler did not immediately respond to requests for comment.

Insolvent trading is when a company carries on with its business despite it not having the funds to meet all of its obligations. (Reporting by Sonali Paul; Editing by Matt Driskill)


16.47 | 0 komentar | Read More

Austria's RHI settles last U.S. asbestos claims

VIENNA | Thu May 2, 2013 3:36am EDT

VIENNA May 2 (Reuters) - Austrian fireproof materials maker RHI said it had settled the last of the asbestos claims it was facing in the United States 11 years after deconsolidating its U.S. business.

RHI said late on Wednesday it would receive a payment of $40 million from the former owner of one of its U.S. companies, after a U.S. district court confirmed a settlement with all the insurance companies concerned.

The Austrian company divested all its U.S. companies in 2001 due to soaring asbestos claims against its U.S. refractory companies that included Narco and the GIT group with Harbison-Walker and A.P. Green.

The claims, risk provisions and restructuring costs pushed the company into a loss of 856 million euros ($1.13 billion) in 2001 from a profit of 31 million a year earlier.

RHI said it had now completed the Chapter 11 proceedings of the deconsolidated companies. ($1 = 0.7580 euros) (Reporting by Georgina Prodhan; Editing by David Cowell)


16.47 | 0 komentar | Read More

UPDATE 1-Australian tycoon Tinkler faces legal action for insolvent trading

Thu May 2, 2013 4:10am EDT

* Tinkler denies allegations of insolvent trading

* Blackwood seeks to recover A$28 million

* Whitehaven shares hit four-year low (Adds Mulsanne directors' comment,)

MELBOURNE, May 2 (Reuters) - Liquidators of one of Australian coal magnate Nathan Tinkler's companies have launched a lawsuit against the struggling tycoon and fellow directors for insolvent trading, one of his creditors, Blackwood Corp Ltd , said on Thursday.

If the court finds Tinkler's privately owned Mulsanne Resources was conducting business while not having funds to meet all its obligations, Tinkler could face penalties that might force him to sell down his 19 percent stake in Whitehaven Coal Ltd, now worth A$357 million ($367 million).

"The directors of Mulsanne strongly deny allegations of trading while insolvent and will strongly defend any legal action instigated by the liquidators," Tinkler's spokesman said in a statement emailed to Reuters.

Liquidators were brought in after Mulsanne failed to follow through on an agreement to buy a one-third stake in Blackwood Corp Ltd for A$28.4 million last year.

"If the court finds the directors and officers liable for insolvent trading, it may make compensation orders against them personally for which they will be jointly and severally liable," Blackwood said in a statement emailed to Reuters.

At hearings in March, Tinkler said he thought he was going to have funds to pay for the Blackwood shares from a deal he had proposed to Hong Kong-based trading firm Noble Group Ltd The deal with Noble did not go ahead and he admitted there had never been any written agreement with Noble.

"I got left holding the can," he told the court.

Whitehaven shares sank to a four-year low of A$1.775 on Thursday and closed down 3.7 percent at $1.83. Blackwood shares have not traded since April 24.

($1 = 0.9720 Australian dollars)

(Reporting by Sonali Paul; Editing by Matt Driskill)

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

Liquidators cleared to sue Australian mining tycoon Tinkler

Written By Unknown on Rabu, 01 Mei 2013 | 16.47

MELBOURNE | Tue Apr 30, 2013 10:39pm EDT

MELBOURNE May 1 (Reuters) - Liquidators of Nathan Tinkler's Mulsanne Resources were given the go-ahead by the court to sue the struggling Australian tycoon for allegedly letting Mulsanne trade while insolvent, said one of Tinkler's creditors, Blackwood Corp.

Blackwood is trying to recover A$28.4 million ($29.5 million) that Tinkler's private company Mulsanne agreed to pay last year for a one-third stake in the coal explorer. As a result of the claim, a court late last year appointed liquidators to wind up Mulsanne.

The process is being closely watched as Tinkler may be forced to sell down his 19 percent stake in Whitehaven Coal Ltd , now worth A$367 million, to cover his debts and potential penalties.

The Supreme Court of New South Wales ruled on Tuesday that liquidators Ferrier Hodgson would be allowed to ask Blackwood to fund proceedings against Mulsanne.

"On 30 April 2013, the court approved a funding agreement that will allow for the liquidator to commence proceedings against the officers and former officers of Mulsanne Resources," Blackwood said in its quarterly report on Wednesday.

The liquidators now have to decide whether to launch a case against Tinkler, a former mine electrician who made billions of dollars from aggressive bets on coal tenements.

"Blackwood will continue to monitor the recoverability of the monies owed to the company under the Share Purchase Agreement and will keep the market updated on further developments," Blackwood said.

At hearings in March, Tinkler said he thought he was going to have funds to pay for the Blackwood shares from a deal he had proposed to Hong Kong-based trading firm Noble Group Ltd . The deal with Noble did not go ahead and he admitted there had never been any written agreement with Noble. ($1 = 0.9633 Australian dollars) (Reporting by Sonali Paul; Editing by Stephen Coates)

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

UPDATE 1-Kodak expects to exit bankruptcy as soon as July

Tue Apr 30, 2013 11:20pm EDT

By Tom Hals

April 30 (Reuters) - Eastman Kodak Co said on Tuesday it expects to emerge from bankruptcy as soon as July as a commercial imaging business under the control of its creditors.

It said in court documents filed with the U.S. bankruptcy court in Manhattan that it expects to issue new stock with the majority of it going to its second-lien note holders.

The holders of the second-lien notes include investment funds P. Schoenfeld Asset Management, D.E. Shaw Group and Bennett Management Corp.

A new board will be appointed and the company said the new directors will be identified later.

The company did not say how much it expects to pay its unsecured creditors, who are owed as much as $2.2 billion, but they would also receive some shares in the reconstituted Kodak.

Kodak's bankruptcy plan is subject to a vote of creditors and court approval. Kodak must first gain court approval for its disclosure statement which describes its bankruptcy plan and the risks associated with it and is meant to help guide creditors in their voting on the plan. A hearing on the disclosure statement is expected in June.

Kodak sought protection from creditors in January 2012 after it failed to embrace modern technology and became one of the biggest corporate casualties of the digital age. The company said it had $6.75 billion of liabilities when it entered Chapter 11 reorganization.

Kodak's bankruptcy exit plan comes a day after it clinched a key deal to sell its personalized imaging and document imaging businesses to its UK pension fund for $650 million. The pension fund also agreed to give up a $2.8 billion claim against Kodak, resolving the biggest unsecured claim in the bankruptcy.

Rochester, New York-based Kodak launched its first camera in 1888 and grew to dominate the market for photographic film. Although Kodak invented the digital camera, it put the project on the back-burner and spent years watching rivals stake a claim to the market while physical film sales plummeted.

The company hopes to put all that behind it once it exits bankruptcy and focuses on selling printing equipment and services to businesses. It said on Tuesday that it expects its earnings before interest, tax, depreciation and amortization to increase to $494 million in 2017 from an estimated $167 million this year.

It expects revenue to climb from an expected $2.5 billion this year to $3.2 billion in 2017, although that would still be below the level in 2011, its last full year before it filed for Chapter 11.

Prior to its bankruptcy filing, the company had not had a profitable year since 2007.

Kodak's pink-sheet shares fell 7 percent to 37 cents on Tuesday. Although the stock has risen from 30 cents per share on the day Kodak filed for bankruptcy, the company said shareholders will get nothing and their stock will be canceled when Kodak exits Chapter 11.

The bankruptcy case is In re: Eastman Kodak Co, U.S. Bankruptcy Court, Southern District of New York, No. 12-10202.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More

U.S. electric car maker Coda files for bankruptcy

By Nichola Groom

Wed May 1, 2013 3:16am EDT

May 1 - U.S. green car startup Coda Holdings Inc filed for Chapter 11 bankruptcy protection on Wednesday after selling just 100 of its all-electric sedans, another example of battery-powered vehicles' failure to break into the mass market.

The filing with U.S. Bankruptcy Court in Delaware will allow the Los Angeles company to exit the auto sector and refocus on energy storage, a far less capital-intensive business. The company uses the same technology it used in cars to build systems for utilities and building operators to store power.

A group of lenders led by Fortress Investment Group LLC plan to extend debtor-in-possession financing and will seek to acquire the company for $25 million through the bankruptcy process, Coda said in a statement.

Coda launched its five-passenger electric car in California a year ago, delivering a range of 125 miles (201 km) on a single charge. The $37,250 vehicle was criticized for its no-frills styling, and its short history also included a recall due to faulty airbags.

Consumers have been slow to gravitate toward electric vehicles (EVs) as a result of their high cost, and fears about their driving range.

Just three years ago Coda was one of an emerging crop of California startups including Fisker Automotive and Tesla Motors Inc seeking to build emission-free electric cars to appeal to mass-market consumers.

Investors poured money into the sector, and Coda raised $300 million in equity from backers including Aeris Capital, Limited Brands Chief Executive Les Wexner, and former U.S. Treasury Secretary Henry Paulson. The company, however, in 2012 withdrew its request for $334 million in federal loans like the ones Fisker and Tesla received.

As the allure of EVs faded, Coda struggled to secure new private funding. Last year, Coda sought to raise $150 million but clinched just $22 million, according to a filing with the U.S. Securities and Exchange Commission.

Tesla has put thousands of cars on the road, but Fisker is considering a bankruptcy filing. Fisker's lithium-ion battery maker, A123 Systems Inc, filed for bankruptcy late last year.

General Motors and Nissan Motor Co also invested heavily in electric vehicles, but sales have lagged hopes.

Coda has about 40 active employees and expects to recall 50 furloughed workers. Emerald Capital Advisors is advising Coda on its restructuring, and Houlihan Lokey is its investment banker.

  • Link this
  • Share this
  • Digg this
  • Email
  • Reprints


16.47 | 0 komentar | Read More
techieblogger.com Techie Blogger Techie Blogger