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UPDATE 1-Judge in American/US Airways merger wants trial before March

Written By Unknown on Sabtu, 31 Agustus 2013 | 16.48

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UPDATE 4-Countdown begins to U.S. airline merger trial in November

Fri Aug 30, 2013 5:51pm EDT

* Trial date of Nov. 25 boosts stock of US Airways, American Airlines

* Twenty-plus witnesses could testify in trial expected to last 10-12 days

By David Ingram and Diane Bartz

WASHINGTON, Aug 30 (Reuters) - American Airlines and US Airways voiced a fresh sense of optimism on Friday after a U.S. judge granted their request for a speedy trial to determine whether the two carriers are allowed to form the world's largest airline.

U.S. District Judge Colleen Kollar-Kotelly said a trial pitting the airlines against the U.S. Justice Department and several states would begin on Monday, Nov. 25.

The trial date is close to what the airlines wanted and months earlier than the Justice Department had hoped, meaning the government will need to work faster than it thought if it hopes to succeed in blocking the $11 billion merger.

Both airline stocks got a boost from the news. US Airways Group Inc shares closed up 1.3 percent at $16.16 in New York Stock Exchange trading, against a lower market. Shares of AMR Corp, American's parent, were up 4.4 percent at $3.54 in thin over-the-counter trading.

"We are confident in our case and eager to get to court," the airlines said in a joint statement. "We are pleased to have a trial date that will enable us to resolve this litigation in a reasonable time frame."

Justice Department spokesman Peter Carr said in a statement: "We appreciate the court's careful consideration of the scheduling issues and will be ready to present our case."

The Justice Department sued on Aug. 13 to block the deal, saying it would lead to higher prices for customers, while the companies said it would make them more competitive and strengthen the market.

Barring a settlement, which both sides said they are open to, lawyers will spend the next three months in intense preparation that will involve most of the U.S. commercial airline industry.

Executives of American Airlines and US Airways will be asked to sit for pre-trial depositions, lawyers said during a court hearing on Friday. Rivals including Delta Air Lines Inc and Southwest Airlines Co will be asked to turn over documents related to how the industry sets fares and fees.

The Justice Department proposes depositions of as many as 50 people in all, while the airlines said they want to depose 10 people. Lawyers said they could exchange millions of documents.

Kollar-Kotelly will appoint a special master to help the discovery process move along faster. She set a status conference for Oct. 1.

The judge will try the case without a jury. It was expected to last 10 to 12 business days, lawyers for the two sides said. The Justice Department plans to call about 15 witnesses and the airlines plan to call approximately six.

MARCH VS. NOVEMBER

The U.S. Justice Department had asked for a March trial. The airlines had pushed for November because holding a deal together for months puts a strain on the parties. During the merger review and challenge process, the companies said they are essentially in limbo, unable to merge but unable to make independent long-range plans.

"March 3, I think, is too far off. It needs to be a tighter, expedited schedule," Kollar-Kotelly said in court.

The trial date sets up "an aggressive schedule to be sure," said Diana Moss, vice president of the American Antitrust Institute, which has been critical of the deal. But, she wrote in an email, "given the depth and strength of the DOJ's case, the government should be ready."

In its complaint, the Justice Department focused on Ronald Reagan National Airport, just outside Washington, D.C., where the two companies control a combined 69 percent of takeoff and landing slots. It also listed more than 1,000 city pairs where the two airlines dominate the market.

SETTLEMENT POSSIBILITIES

The two airlines and the Justice Department indicated in a joint court filing on Wednesday they were open to settling the matter. The government said it was, too, but added that it had not been given an offer from US Airways and American that "addresses the anticompetitive harms posed by the merger."

In response, a US Airways spokesman said in a statement in part: "The concessions we were willing to offer were designed to address competitive concerns that DOJ had raised during the investigation. We continue to believe there ought to be a realistic possibility of settlement."

The companies have said that the deal is critical for American Airlines, whose parent, AMR Corp, has been operating under Chapter 11 bankruptcy protection since late 2011.

A U.S. bankruptcy judge on Thursday hinted he would approve AMR's bankruptcy exit plan despite the government's challenge to its main component - AMR's planned merger with US Airways. Judge Sean Lane said he found "arguments in favor of confirmation to be fairly persuasive."

Comments from the antitrust and bankruptcy case judges were positive for the airlines' shares because they suggested a speedy trial process and bankruptcy-court approval incorporating the merger, said George Hamlin, president of Hamlin Transportation Consulting, in Fairfax, Virginia.

It was surprising that the Justice Department wanted a lengthy period before trial, because its suit implied it had a slam-dunk case, Hamlin said. "They had the element of surprise. The airlines weren't expecting this. Why wouldn't you want to do it sooner rather than later?"

The case at the U.S. District Court for the District of Columbia is No. 1:13-cv-12346.

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Michigan governor seeks to dodge deposition in Detroit bankruptcy case

By Joseph Lichterman and Bernie Woodall

DETROIT | Fri Aug 30, 2013 7:13pm EDT

DETROIT Aug 30 (Reuters) - Michigan Governor Rick Snyder and other state officials are seeking to avoid being questioned by Detroit worker and retiree unions in the city's bankruptcy case, according to a motion filed on Friday.

Attorneys for the state, in a motion to quash depositions of Snyder, Michigan Treasurer Andy Dillon and others, said they would not be able to offer testimony relevant to the issue of whether Detroit is eligible to enter Chapter 9 protection.

The depositions, if they occur, would happen ahead of the late October start to hearings before U.S. Bankruptcy Judge Steven Rhodes on the eligibility issue.

The city filed the largest-ever municipal bankruptcy in U.S. history on July 18. Snyder, a Republican, had to approve a request from Orr to file for bankruptcy protection.

Ed McNeil of the American Federation of State, County and Municipal Employees Local 25 in Detroit, called Snyder's attempt to dodge being questioned "a cowardly attempt to hide behind a malicious legal maneuver."

The eligibility argument will focus on whether Detroit is insolvent, whether the city negotiated in good faith with its creditors, whether there were too many creditors to make negotiations feasible, and whether Detroit's bankruptcy petition of was filed in bad faith.

"The eligibility determination was made - and could only be made - by the city of Detroit and Emergency Manager Kevyn Orr," the state's motion said.

But McNeil said, "Every step of the way Governor Snyder has tried to stack the deck in his favor. He has blocked all opportunity for meaningful negotiations and mediation. Today's move is another attempt to bend the rules."

The state said the governor's reasoning for allowing the filing were laid out in a public letter Snyder wrote to Orr authorizing the city to seek bankruptcy protection.

It also argued that any request for discovery from state officials should be made after Orr and other city officials are deposed because "there has been no showing that the state officials were involved in any relevant eligibility determinations made prior to the filing of the petition."

Orr was deposed on Friday, but not on the question of the city's eligibility to file for bankruptcy protection.

Orr was deposed by attorneys representing objectors to a proposed deal that would terminate interest-rate swap agreements on casino tax revenue, which were used to hedge interest-rate exposure on some of the city's pension debt, at a discounted rate of as much as 25 percent, saving the city more than $70 million. (Reporting by Joseph Lichterman; Editing by Lisa Shumaker)

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INSIGHT-Batista's Brazilian empire was sunk by more than hubris

Written By Unknown on Jumat, 30 Agustus 2013 | 16.48

By Jeb Blount

RIO DE JANEIRO | Fri Aug 30, 2013 12:59am EDT

RIO DE JANEIRO Aug 30 (Reuters) - Fifteen months ago, OGX Petróleo chief executive Paulo Mendonça was confident that the company he led was on track to become a major independent oil producer, an anchor for Eike Batista's vast Brazilian resource empire.

In an interview with Reuters at a Rio de Janeiro office block, Mendonça showed off bowls of pungent crude oil from OGX's first field, Tubarão Azul, or "Blue Shark," and brushed aside concerns about its operations in the waters northeast of Rio.

Sure, there had been some hiccups, but they were being fixed. Shares of OGX Petróleo e Gás Participações SA - the flagship of Batista's EBX Group - had dropped by a third from recent highs but Brazil's main stock index and other oil companies were also falling. Everything was fine, Mendonça suggested.

Then, almost in passing at the end of the one-hour interview, he dropped a bombshell: Tubarão Azul was producing only 17,000 barrels of oil and natural gas equivalent a day (boepd), and a year-end goal of 40,000 to 50,000 boepd was going to take "longer than expected."

The admission that OGX had fallen well behind its forecasts was a crucial moment in the demise of the much-hyped energy company - the first domino to fall in the rapid collapse of Batista's EBX oil, energy, shipbuilding, mining and port group.

OGX shares slumped 8.4 percent the following day as investor confidence evaporated. They had dropped another 50 percent - erasing $10.4 billion of shareholder value - by the time Mendonça resigned a month later.

Since then, things have gotten worse for Batista. Hit by mounting debt, a series of project delays and a crisis of confidence, his six publicly listed companies have suffered one of the most spectacular corporate meltdowns in recent history.

The Brazilian billionaire, who dismissed his critics as he sold investors on the promise of OGX's oil discoveries, was also EBX's biggest investor. He pumped billions into the group's companies even as share prices plunged by as much as 90 percent.

His own fortune - the world's seventh-biggest last year, according to Forbes - has declined by more than $25 billion over the past 18 months.

OGX's failure - and the subsequent unraveling of EBX - reflects Batista's initial success in overselling investors on oil discoveries that proved to be more difficult to recover than they expected.

But the story is not so simple. His empire also fell victim to the sudden end of both the global commodities boom and a wild exuberance for emerging markets - two forces that attracted investors to Batista's vision.

"Was there hubris? Was there selling a dream with little regard for the real risks? Sure," said Aldo Musacchio, associate professor at Harvard Business School in Boston. "But at the same time it was more than that. A lot of the people who invested with Batista were not fools, and his rise and fall has followed that of Brazil."

Batista agrees, to a point. In a July 19 letter published in two Brazilian newspapers, he said his empire's implosion all began with OGX. The company, he wrote, "is the origin of the crisis of credibility that has hurt my name and resulted in the clouding of the accomplishments and conquests" of EBX.

Batista stressed he was not alone in believing that OGX would succeed: "I had offers to sell a large or even controlling stake in OGX based on a $30 billion valuation." When he wrote the letter, OGX was worth $723 million.

Delcídio Amaral, a former gas and energy chief at Petroleo Brasileiro SA, the Brazilian state-led oil producer known as Petrobras, said there was no doubt Batista believed the oil was in the ground.

"He was well intentioned but wrong," said Amaral, who is now a Brazilian senator. "Nobody spends billions of dollars to build offshore oil-production ships if you're trying to pull the wool over people's eyes. It would be insane."

Batista, OGX and other companies of EBX Group have denied repeated requests to make executives available to discuss the reasons for group's decline and its efforts to reorganize.

APPEARANCE OF SUCCESS

When Batista raised $4.11 billion in OGX's initial public offering in June 2008, interest in Brazil was feverish.

Petrobras had just made giant offshore oil discoveries and Brazil was expected to become one of the world's top five oil producers by 2020.

Record demand from China drove up the price of Brazilian soybeans, iron ore, coffee, sugar and other commodities. Oil rose to an all-time high. EBX had also just sold most of its first listed company, iron ore producer MMX Mineração e Metálicos SA, to Anglo American Plc for $6.65 billion, enriching Batista and his investors.

That sale, said Elpidio Reis, a former executive with global miner Rio Tinto Plc, blinded many to the real risks of investing in Brazil generally and with Batista particularly.

Shadows of OGX's troubles were lurking in that deal. In January, Anglo American took a $4 billion writedown on the Minas-Rio iron ore project it had bought from Batista. After years of delays and costs that ballooned to $13 billion, Anglo American said it expects to start output in late 2014 at less than a third of its original target.

"Minas-Rio wasn't a dream. It was a risky project that Anglo American paid too much for," Reis said. "When Batista sold it for billions, people thought he could do the same with oil."

Like that project, OGX looked like a winner at first. Its IPO in June 2008 was Brazil's biggest ever at the time. A year later, it drilled its first well and a month after that it struck its first oil.

A former Brazilian finance minister, a former energy minister and a former chief justice of Brazil's supreme court joined the OGX board, bolstering the credibility of the polyglot, European-educated "Brazilianaire".

Major support came from the conservative, $124-billion Ontario Teachers' Pension Plan. Pacific Investment Management Co, the world's largest bond fund, bought $500 million of OGX debt.

In early 2010, OGX's fleet of drill ships was making more successful offshore oil strikes than Petrobras. In 15 months, IPO investors had nearly doubled their money.

'FANTASTICAL' PROJECTIONS

DeGolyer & MacNaughton (D&G), a Dallas-based certification company, estimated OGX's potential resources at 10.8 billion barrels of oil and natural gas equivalent. That would have been enough - if OGX could figure out how to get it out of the ground - to supply all U.S. oil needs for more than a year and a half.

OGX estimated it would produce 1.4 million barrels a day by 2019, equivalent to 70 percent of Brazil's output, or about half of the output of Venezuela, a founding member of OPEC.

Already Brazil's richest man, Batista bragged he would surpass Bill Gates, Warren Buffett and Mexico's Carlos Slim to become the world's wealthiest person. Today he does not even make Forbes' top 100 list.

"It all seems fantastical now, but you have to understand that back then, everybody wanted to invest in Brazilian oil. Petrobras had made huge discoveries and unless you wanted to invest in a complicated state-run company, the only way to get a piece was to buy OGX," Musacchio said.

The D&G estimate, seen by some as a sign that OGX was a low-risk investment, implied nothing of the sort. OGX filings and reports were clear: the D&G estimate defined the resource potential only, not recoverable oil reserves.

Critics say Batista misled investors by implying the D&G estimate was low, playing up any good news and portraying OGX in patriotic terms.

"We all know the stock market is a bit of a casino, but you want the odds to be clear," said João Fontoura, a Joinville, Brazil, lawyer organizing OGX investors for a class-action civil lawsuit. "OGX's language was strange, full of complex geological ideas mixed with the idea investing helped Brazil. We think OGX provided an overly optimistic outlook."

Hopes were certainly high: Batista expected initial production at Tubarão Azul would reach 20,000 boepd, output worth about $2 million a day at current prices. Mendonça had expected output to peak at 80,000 boepd.

In its first 16 months, though, Tubarão Azul averaged just 9,389 boepd and OGX plans to shut the field next year because output cannot pay for operations. Average monthly output never surpassed 13,200 boepd, nearly a quarter below Mendonça's May 2012 flow figure. It was 6,800 boepd in May.

Oil engineers with knowledge of Batista's plans say that in the rush to reach first production, reservoir testing at Tubarão Azul was limited. That reduced the information available to plan how to extract oil from the hard, carbonate rock formations where it was trapped far below the seabed.

Brazil's oil regulator, the ANP, never even approved a final development plan for lack of complete data from OGX. The ANP said it can allow production without a final development plan, but declined to say what data OGX lacked.

FEARFUL SYNERGIES

The consequences of Tubarão Azul's failure quickly spread because of the close links between EBX Group companies.

EBX shipbuilder OSX Brazil SA was formed to build and lease a fleet of offshore oil vessels for OGX. Power producer MPX Energia SA is developing gas fields with OGX in Brazil's northeast. Port operator LLX Logística SA is home to OSX's shipyard, a place to store and process OGX oil and to ship Anglo American's iron ore.

"Among the mistakes Batista and his investors made was to see links between the EBX companies as a strength rather than a risk," said Paulo Rabello de Castro, president of SR Rating, a Brazilian credit ratings agency. "When OGX's promise turned out to be an illusion, those links became a liability very fast."

With his shares increasingly worth less and most of his own wealth invested in his companies, Batista's ability to help finance his "low-or-no-revenue" start-ups vanished, forcing him to seek new investors and give up control of MPX and LLX. He now plans to sell OSX stock to raise cash. Several times, when investor confidence faltered, Batista borrowed to invest more.

Batista may also have been hurt by Brazil's efforts to help his and other companies weather the 2008 U.S. financial crisis and the world economic slowdown that followed.

As Brazilian stocks, currency and bonds plunged, EBX stocks briefly fell to levels that were only broken this year. EBX was one of the main beneficiaries of cheap capital that Brazil's government pumped into the economy to fight the downturn.

Brazil's state-led development bank BNDES eventually committed 10.4 billion reais ($4.14 billion) of loans to EBX companies at subsidized rates. Only 6 billion reais of that have been given to EBX so far, the bank said on Tuesday.

BNDES declined to say why it has disbursed less than the full approved amount, citing banking secrecy laws, but said many loans are doled out over several years.

In Batista, the government was pursuing its then-fashionable strategy of creating "national champions" while making up for delays in its own infrastructure projects. It encouraged Batista to speed up just as Brazil's boom was about to end.

Brazil's economy grew 7.5 percent in 2010, consolidating its reputation as a global success story. OGX and other EBX companies rebounded from lows to new highs that year.

Batista and Brazil, though, have struggled since. As China slows, commodity prices are falling. In the last year Brazil's Bovespa stock index was the worst performer among the world's 28 largest indexes and the only one to fall in the period.

"Nothing could have been worse for him," SR Rating's Rabello de Castro said. "Just when Batista should have been cutting back, trying to limit expansion, complete what he started, the government gave him cheap credit to expand even more." (Editing by Kieran Murray and Jim Loney)

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Power plant operator Longview Power files for bankruptcy

Fri Aug 30, 2013 2:17am EDT

Aug 30 (Reuters) - Longview Power LLC filed for Chapter 11 bankruptcy along with certain of its affiliates, a court filing showed, as the U.S. power plant operator aims to restructure its debts to gain financial and operational flexibility.

Longview Power, majority-owned by First Reserve Corp, a private investment firm, listed liabilities and assets of more than $1 billion, a court filing showed.

"The company has been in consensual negotiations with our senior lenders toward a Chapter 11 plan to maximize value. We remain confident that the company and our lenders will reach an agreement on the terms of a Chapter 11 plan in the near term," Chief Executive Jeffery Keffer said.

Longview said there will be no interruption to its business and employees will not be affected by the Chapter 11 filing.

Longview Power's coal-fired facility in Maidsville, West Virginia, has a capacity to generate about 700 megawatts of electrical power.

The company has engaged Lazard Ltd as its investment banker and Alvarez & Marsal North America LLC as its restructuring advisor.

Longview is represented by Kirkland & Ellis LLP, as primary restructuring counsel, and Dentons US LLP for all issues related to company's pending arbitration proceedings.

The case is in re Longview Power LLC, Case No. 13-12211, U.S. Bankruptcy Court, District of Delaware.

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UPDATE 1-San Bernardino, California, eligible for bankruptcy -judge

Written By Unknown on Kamis, 29 Agustus 2013 | 16.48

Wed Aug 28, 2013 6:17pm EDT

By Tim Reid

RIVERSIDE, Calif. Aug 28 (Reuters) - San Bernardino, California, is eligible for bankruptcy protection, a federal judge said on Wednesday, in a "tentative ruling" ahead of full court arguments later in the day.

Judge Meredith Jury of the U.S. Bankruptcy Court for the Central District of California, said the city of 210,000, located 60 miles east of Los Angeles, was eligible for bankruptcy protection "as a matter of law based on incontrovertible facts."

The tentative ruling came despite objections by the California Public Employees' Retirement System, or Calpers. The $260 billion pension fund is the city's biggest creditor.

San Bernardino filed for bankruptcy protection one year ago.

If Jury affirms the ruling, it would clear the way for the city to negotiate with its creditors and produce a final bankruptcy plan on which the judge will ultimately have to rule.

The ruling also sets up a high-stakes battle between Calpers and other creditors, including Wall Street bondholders and insurers, over how they will be treated in the bankruptcy.

The preliminary ruling follows a similar judgment for the city of Stockton, California, which was found eligible for bankruptcy protection in April.

Judge Jury said after her preliminary ruling that she would hear arguments from the parties, including Calpers, but it is considered unlikely that the judge will change her mind after having made clear her thinking.

"I don't think anyone in this courtroom seriously thought the city was anything but insolvent," Jury said. A city must be insolvent and have proof to have negotiated in good faith with creditors to be eligible for Chapter 9 municipal bankruptcy.

In an unusual move, Jury did not hold a full trial to determine eligibility. Instead, because of long delays in the case, she invited the city to apply for summary judgment to expedite the proceedings.

San Bernardino filed for Chapter 9 bankruptcy protection last August, citing a $46 million deficit and arguing that it had effectively run out of cash to meet its daily obligations. At the time, the mayor said the city was overwhelmed by pension debt.

Calpers argues that it should not be treated like other creditors and must be paid in full because of California state law. Bondholders argue that federal bankruptcy law trumps state statutes and say Calpers should be forced to fight with other creditors over how much they are paid under an exit plan.

The issue, which is also likely to be central in the bankruptcy cases of Stockton and Detroit, could reach the U.S. Supreme Court.

In an unprecedented move, San Bernardino stopped paying its $1.2 million bimonthly employer payments to Calpers for a year after declaring bankruptcy, the first California city to halt payments to America's biggest public pension system.

It resumed paying Calpers last month but continues to renege on payments to other creditors, including holders of $50 million in pension obligation bonds.

The judge said the one creditor who wanted her to dismiss the bankruptcy was Calpers. But she said: "If Calpers gets all the money they want, under what they say is their statutory right, who isn't going to get paid? All the employees? How is that going to help Calpers?"

The case is In re San Bernardino, 12-bk-28006, U.S. Bankruptcy Court, Central District of California (Riverside).

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UPDATE 2-San Bernardino, California, gets bankruptcy protection

Wed Aug 28, 2013 8:49pm EDT

* Judge: city was clearly insolvent

* Calpers considering options for appeals

By Tim Reid

RIVERSIDE, Calif., Aug 28 (Reuters) - A U.S. federal judge on Wednesday granted bankruptcy protection to the California city of San Bernardino, paving the way for a precedent-setting battle between bondholders and California's giant public pension system.

The case is being closely watched by other U.S. cities, including Detroit, which declared the biggest U.S. municipal bankruptcy last month, where budgets are burdened by soaring pension costs.

Judge Meredith Jury of the U.S. Bankruptcy Court for the Central District of California ruled that San Bernardino was eligible for Chapter 9 bankruptcy protection despite opposition by the California Public Employees' Retirement System, or Calpers. The $260 billion pension fund is the city's biggest creditor and America's largest pension fund.

"I am ruling as a matter of law that the city is eligible," Jury said. "I don't think anyone in this courtroom seriously thought the city was anything but insolvent."

A city must be insolvent and have proof to have negotiated in good faith with creditors to be eligible for Chapter 9 municipal bankruptcy.

Michael Gearing, an attorney appearing for Calpers, called Jury's decision a "dangerous precedent" that will encourage other cities to "create a crisis because they have a large number of creditors."

Amy Norris, a Calpers spokeswoman, said in an emailed statement: "Calpers is considering its options for appeals."

San Bernardino, a city of 210,000 located 60 miles east of Los Angeles, filed for bankruptcy protection in August 2012, citing a $46 million deficit and arguing that it had effectively run out of cash to meet its daily obligations.

The city must negotiate with its creditors and produce a final bankruptcy plan on which the judge will ultimately have to rule. Whether pension and other debt payments, including to holders of $50 million in pension obligation bonds, will have to be treated equally or not will remain a key issue - one that could eventually reach the U.S. Supreme Court.

LIKE OTHER CREDITORS?

Calpers argues that it should not be treated like other creditors and must be paid in full because California state law says the fund must always be fully paid, even in a bankruptcy. Bondholders argue that federal bankruptcy law trumps state statutes and say Calpers should be forced to fight with other creditors over how much they are paid under an exit plan.

Another California city, Stockton, which was also found eligible for municipal bankruptcy protection in April, is expected to present an exit plan in September. Creditors will be asked to vote on the plan.

The judge overseeing that case said dealing with Stockton's obligations to Calpers will probably be unavoidable under an exit plan.

In an unprecedented move, San Bernardino stopped paying its $1.2 million bimonthly employer payments to Calpers for a year after declaring bankruptcy, the first California city to halt payments to the fund.

It resumed paying Calpers last month but continues to renege on payments to other creditors, including holders of $50 million in pension obligation bonds.

Calpers said the city still owes the fund $14.3 million in arrears and that it will "aggressively pursue all past due contributions, resulting interest and penalties."

"These payments are statutorily required and necessary to deliver on the pension benefits promised to San Bernardino employees as a form of deferred compensation," the powerful pension system said.

But the judge questioned who will provide for those payments.

"If Calpers gets all the money they want, under what they say is their statutory right, who isn't going to get paid? All the employees? How is that going to help Calpers?" she said.

The case is In re San Bernardino, 12-bk-28006, U.S. Bankruptcy Court, Central District of California (Riverside).

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PRESS DIGEST-New York Times business news - Aug 29

Thu Aug 29, 2013 12:47am EDT

Aug 29 (Reuters) - The following are the top stories on the New York Times business pages. Reuters has not verified these stories and does not vouch for their accuracy.

* Switzerland and the United States are close to announcing an agreement to end their long dispute over how to punish banks that helped Americans evade taxes, banking and government officials said on Wednesday. ()

* Globant, an Argentine software and information technology services company, has filed to go public on the New York Stock Exchange, in a move to broaden its reach. ()

* A number of private equity groups have been knocked out of the running to acquire Hutchison Whampoa Ltd's ParknShop, the Hong Kong supermarket chain owned by the billionaire Li Ka-shing that is considering selling itself in a deal that could command $3 billion to $4 billion, according to people with knowledge of the matter. ()

* Nintendo Co Ltd on Wednesday introduced a new portable gaming system, the Nintendo 2DS. The device will cost $130, or $40 less than its 3DS sibling. It is capable of running all the games made for the 3DS, but without 3-D effects.

* The Advertising Council and the United States Army, hoping to lower absenteeism in schools across the country, are introducing a public service campaign this week aimed at helping parents keep track of their children's absences. ()

* Fewer people signed contracts to buy American homes in July, but the level stayed close to a six-and-a-half-year high. The modest decline suggests that higher mortgage rates have yet to slow sales sharply. ()

* The Bank of England's new governor took his ideas for spurring Britain's sluggish economy on the road on Wednesday, traveling to the heart of the country to convince households and managers that interest rates will remain low and that he will not follow the United States in reining in the bank's stimulus efforts just yet. ()

* Portugal is finding that increasing exports is the way to pull its economy out of a recession. Portuguese authorities said this month that rising exports were the main reason Portugal posted the strongest growth in the second quarter among the nations of the European Union. ()

* A federal bankruptcy court judge granted the city of San Bernardino eligibility for bankruptcy protection on Wednesday, raising the possibility that the city will propose a plan to dig itself out of debt by cutting money promised to the public pension system. ()

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Railway in Quebec disaster allowed to operate till Oct. 1

Written By Unknown on Senin, 26 Agustus 2013 | 16.47

By Solarina Ho

TORONTO | Fri Aug 23, 2013 1:56pm EDT

TORONTO Aug 23 (Reuters) - The rail company whose oil tanker train blew up in a Quebec town last month, killing 47 people, will be allowed to continue operating through Oct. 1 after providing insurance documentation demanded by Canadian authorities.

The Canadian Transportation Agency (CTA) said on Friday it would let Montreal, Maine and Atlantic Railway (MMA) and its Canadian subsidiary keep trains moving for now. Earlier this month it had ordered MMA to cease operations, saying the railway lacked adequate insurance.

On July 6, a runaway MMA train hauling tankers of crude oil derailed in the center of the little Quebec town of Lac-Megantic, and exploded in giant fireballs in what was North America's deadliest rail accident in two decades.

The center of Lac-Megantic was flattened and an estimated 1.5 million U.S. gallons (5.6 million liters) of oil were spilled.

The CTA ordered the railway on Aug. 13 to halt operations as of Aug. 20 because it did not have adequate insurance. The insurance that MMA had in force in July will not come close to meeting the costs of cleanup and restoration after the Lac-Megantic crash.

Last Friday, the CTA reversed that order, allowing MMA to operate through Oct. 1 after the railway provided evidence of adequate third-party insurance. However, MMA still had to show by Aug. 23 it had sufficient funds to cover the C$250,000 ($237,500) self-insured portion of its operations, or it would be shut down.

The CTA said on Friday that MMA had done that.

MMA, which operates rail lines in Quebec and Maine, filed for bankruptcy protection in Canada and the United States earlier this month. It said in a court filing that its insurance covered liabilities up to C$25 million, while clean-up costs after the crash could exceed C$200 million.

MMA also faces a series of class-action lawsuits in Quebec and in the United States on behalf of the victims, as well as a notice of claim from a company that is unable to ship from its Lac-Megantic production facilities.

Lac-Megantic, a town of around 6,000, was developed around the railway and businesses have already expressed concern about the impact if the MMA rail link closes permanently.

Under Canadian federal regulations, there is no set minimum or maximum amount of insurance coverage required for railway operators. Coverage is based on a risk assessment carried out by the insurance company and the railway company.

The CTA - an independent government regulator - is now planning to review the adequacy of third-party liability coverage to deal with catastrophic events, especially for smaller railways.

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AMR urges court to OK Chapter 11 plan despite antitrust lawsuit

Fri Aug 23, 2013 3:13pm EDT

Aug 23 (Reuters) - American Airlines on Friday urged a bankruptcy judge to approve its Chapter 11 restructuring plan despite an antitrust challenge from the U.S. Department of Justice.

In court papers filed in U.S. Bankruptcy Court in Manhattan, American's bankrupt parent, AMR Corp, said failing to approve the restructuring would add "a destabilizing factor" to its proposal to merge with US Airways Group and pay back creditors.

The DOJ on Aug. 13 filed a lawsuit to block the proposed $11 billion merger, which is the basis for AMR's plan to exit bankruptcy and pay back creditors. The DOJ said the merger would increase fares and hurt consumers.


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UPDATE 2-AMR urges court to back restructuring despite antitrust suit

Fri Aug 23, 2013 4:42pm EDT

By Nick Brown

NEW YORK Aug 23 (Reuters) - American Airlines and its creditors' committee on Friday urged a bankruptcy judge to approve the airline's restructuring plan despite an antitrust challenge from the Department of Justice.

In court papers filed in U.S. Bankruptcy Court in Manhattan, American's bankrupt parent, AMR Corp, said failing to approve the restructuring would add "a destabilizing factor" to its proposal to merge with US Airways Group and pay back creditors.

AMR's creditors' committee, in a separate filing, said refusal by Judge Sean Lane to give the plan his blessing could threaten creditor support for the plan, which includes AMR's unions and most of its creditors.

"While the DOJ enforcement action has unsettled creditor and stockholder expectations, deferring entry of the confirmation order ... would only exacerbate this uncertainty," the committee said.

The U.S. government also filed a brief on Friday, but did not, as might have been expected, urge Lane to not approve the restructuring plan. Instead the government, through U.S. Attorney Preet Bharara, said it took "no position as to whether" Lane should confirm the plan, but cited the "attendant risk that a confirmed plan may not be able to become effective for a considerable time, if at all."

AMR and US Airways agreed to merge in February in an $11 billion deal that would end AMR's bankruptcy and create the world's largest airline. Experts had expected the deal to enjoy a smooth ride through the regulatory process.

But on Aug. 13, two days before the restructuring plan was to gain final court approval, the DOJ sought to block it, filing a lawsuit in Washington, D.C., alleging a stifling of competition that would harm consumers though higher fares.

Judge Lane, overseeing AMR's bankruptcy in New York, held off confirming the plan in the face of the DOJ's lawsuit, giving the parties until Friday to brief him on the best course of action.

AMR, in its court papers, stressed that the merger agreement, which Lane already approved, contains "a mechanism" to account for this very scenario. If the parties cannot obtain regulatory approval, the deal would eventually be terminated, AMR said.

Lane voiced hesitation to rubber-stamp a deal that might later change due to a settlement with the DOJ. But AMR said future changes to the plan, namely divestitures, are expressly required to go back before Lane for approval.

The creditors' committee said Lane's job is to make sure the plan meets standards under the bankruptcy law. Worrying about antitrust concerns is the DOJ's job.

"They are separate processes, before different courts, and on different schedules," the committee said.

If the Justice Department ultimately succeeds in blocking the merger, it would put AMR's restructuring back at square one, requiring it to forge new strategies for paying back creditors.

AMR shareholders, who stand to receive a 3.5 percent stake in the new entity under the merger, would likely be wiped out under any plan that excludes a merger, restructuring experts have said.

AMR's unions also support a merger. The Transport Workers Union, representing ground crew members, on Thursday filed court papers urging Lane to approve the deal.

But not everyone is in favor of Lane signing off. A group of plaintiffs in a separate antitrust lawsuit against US Airways filed a brief on Thursday in AMR's bankruptcy, saying the judge cannot under bankruptcy law confirm a plan that may prove not to be feasible. AMR appears "unable to articulate a 'Plan B' which would resolve" antitrust risks, the group said in its filing.

Regardless of Lane's decision, the issue will come down to the sides' ability to resolve matters with the DOJ. Chapter 11 merger plans require both bankruptcy court approval and regulatory approval, and one does not impact the other.

At a hearing last week, Lane did not seem opposed to the restructuring plan on its face, his hesitation instead rooted in concerns that the deal he was being asked to approve might look different a few months down the road.

The DOJ antitrust suit will take months to resolve, and possibly longer if it goes to trial.

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Railway in Quebec disaster allowed to operate till Oct. 1

Written By Unknown on Minggu, 25 Agustus 2013 | 16.47

By Solarina Ho

TORONTO | Fri Aug 23, 2013 1:56pm EDT

TORONTO Aug 23 (Reuters) - The rail company whose oil tanker train blew up in a Quebec town last month, killing 47 people, will be allowed to continue operating through Oct. 1 after providing insurance documentation demanded by Canadian authorities.

The Canadian Transportation Agency (CTA) said on Friday it would let Montreal, Maine and Atlantic Railway (MMA) and its Canadian subsidiary keep trains moving for now. Earlier this month it had ordered MMA to cease operations, saying the railway lacked adequate insurance.

On July 6, a runaway MMA train hauling tankers of crude oil derailed in the center of the little Quebec town of Lac-Megantic, and exploded in giant fireballs in what was North America's deadliest rail accident in two decades.

The center of Lac-Megantic was flattened and an estimated 1.5 million U.S. gallons (5.6 million liters) of oil were spilled.

The CTA ordered the railway on Aug. 13 to halt operations as of Aug. 20 because it did not have adequate insurance. The insurance that MMA had in force in July will not come close to meeting the costs of cleanup and restoration after the Lac-Megantic crash.

Last Friday, the CTA reversed that order, allowing MMA to operate through Oct. 1 after the railway provided evidence of adequate third-party insurance. However, MMA still had to show by Aug. 23 it had sufficient funds to cover the C$250,000 ($237,500) self-insured portion of its operations, or it would be shut down.

The CTA said on Friday that MMA had done that.

MMA, which operates rail lines in Quebec and Maine, filed for bankruptcy protection in Canada and the United States earlier this month. It said in a court filing that its insurance covered liabilities up to C$25 million, while clean-up costs after the crash could exceed C$200 million.

MMA also faces a series of class-action lawsuits in Quebec and in the United States on behalf of the victims, as well as a notice of claim from a company that is unable to ship from its Lac-Megantic production facilities.

Lac-Megantic, a town of around 6,000, was developed around the railway and businesses have already expressed concern about the impact if the MMA rail link closes permanently.

Under Canadian federal regulations, there is no set minimum or maximum amount of insurance coverage required for railway operators. Coverage is based on a risk assessment carried out by the insurance company and the railway company.

The CTA - an independent government regulator - is now planning to review the adequacy of third-party liability coverage to deal with catastrophic events, especially for smaller railways.

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AMR urges court to OK Chapter 11 plan despite antitrust lawsuit

Fri Aug 23, 2013 3:13pm EDT

Aug 23 (Reuters) - American Airlines on Friday urged a bankruptcy judge to approve its Chapter 11 restructuring plan despite an antitrust challenge from the U.S. Department of Justice.

In court papers filed in U.S. Bankruptcy Court in Manhattan, American's bankrupt parent, AMR Corp, said failing to approve the restructuring would add "a destabilizing factor" to its proposal to merge with US Airways Group and pay back creditors.

The DOJ on Aug. 13 filed a lawsuit to block the proposed $11 billion merger, which is the basis for AMR's plan to exit bankruptcy and pay back creditors. The DOJ said the merger would increase fares and hurt consumers.


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UPDATE 2-AMR urges court to back restructuring despite antitrust suit

Fri Aug 23, 2013 4:42pm EDT

By Nick Brown

NEW YORK Aug 23 (Reuters) - American Airlines and its creditors' committee on Friday urged a bankruptcy judge to approve the airline's restructuring plan despite an antitrust challenge from the Department of Justice.

In court papers filed in U.S. Bankruptcy Court in Manhattan, American's bankrupt parent, AMR Corp, said failing to approve the restructuring would add "a destabilizing factor" to its proposal to merge with US Airways Group and pay back creditors.

AMR's creditors' committee, in a separate filing, said refusal by Judge Sean Lane to give the plan his blessing could threaten creditor support for the plan, which includes AMR's unions and most of its creditors.

"While the DOJ enforcement action has unsettled creditor and stockholder expectations, deferring entry of the confirmation order ... would only exacerbate this uncertainty," the committee said.

The U.S. government also filed a brief on Friday, but did not, as might have been expected, urge Lane to not approve the restructuring plan. Instead the government, through U.S. Attorney Preet Bharara, said it took "no position as to whether" Lane should confirm the plan, but cited the "attendant risk that a confirmed plan may not be able to become effective for a considerable time, if at all."

AMR and US Airways agreed to merge in February in an $11 billion deal that would end AMR's bankruptcy and create the world's largest airline. Experts had expected the deal to enjoy a smooth ride through the regulatory process.

But on Aug. 13, two days before the restructuring plan was to gain final court approval, the DOJ sought to block it, filing a lawsuit in Washington, D.C., alleging a stifling of competition that would harm consumers though higher fares.

Judge Lane, overseeing AMR's bankruptcy in New York, held off confirming the plan in the face of the DOJ's lawsuit, giving the parties until Friday to brief him on the best course of action.

AMR, in its court papers, stressed that the merger agreement, which Lane already approved, contains "a mechanism" to account for this very scenario. If the parties cannot obtain regulatory approval, the deal would eventually be terminated, AMR said.

Lane voiced hesitation to rubber-stamp a deal that might later change due to a settlement with the DOJ. But AMR said future changes to the plan, namely divestitures, are expressly required to go back before Lane for approval.

The creditors' committee said Lane's job is to make sure the plan meets standards under the bankruptcy law. Worrying about antitrust concerns is the DOJ's job.

"They are separate processes, before different courts, and on different schedules," the committee said.

If the Justice Department ultimately succeeds in blocking the merger, it would put AMR's restructuring back at square one, requiring it to forge new strategies for paying back creditors.

AMR shareholders, who stand to receive a 3.5 percent stake in the new entity under the merger, would likely be wiped out under any plan that excludes a merger, restructuring experts have said.

AMR's unions also support a merger. The Transport Workers Union, representing ground crew members, on Thursday filed court papers urging Lane to approve the deal.

But not everyone is in favor of Lane signing off. A group of plaintiffs in a separate antitrust lawsuit against US Airways filed a brief on Thursday in AMR's bankruptcy, saying the judge cannot under bankruptcy law confirm a plan that may prove not to be feasible. AMR appears "unable to articulate a 'Plan B' which would resolve" antitrust risks, the group said in its filing.

Regardless of Lane's decision, the issue will come down to the sides' ability to resolve matters with the DOJ. Chapter 11 merger plans require both bankruptcy court approval and regulatory approval, and one does not impact the other.

At a hearing last week, Lane did not seem opposed to the restructuring plan on its face, his hesitation instead rooted in concerns that the deal he was being asked to approve might look different a few months down the road.

The DOJ antitrust suit will take months to resolve, and possibly longer if it goes to trial.

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Bankrupt California city readies debt plan, vote to be held

Written By Unknown on Kamis, 22 Agustus 2013 | 16.48

SACRAMENTO, Calif. | Wed Aug 21, 2013 4:24pm EDT

SACRAMENTO, Calif. Aug 21 (Reuters) - The bankrupt city of Stockton, California is preparing a plan for adjusting its debt that it will unveil in September even as negotiations with its creditors press on, one of its lawyers said on Wednesday.

"Right now the draft of the plan is a cramdown plan," attorney Marc Levinson told U.S. Bankruptcy Judge Christopher Klein at a status conference hearing on the city's bankruptcy case held in Sacramento, California.

The cramdown plan would be filed with Klein despite objections by Stockton's creditors, notably bondholders led by bond insurers Assured Guaranty and National Public Finance Guarantee.

Bondholders and insurers, who will vote on the exit plan along with other creditors, contest Stockton's different treatment of pension and debt payments - an issue that could eventually find its way to the U.S. Supreme Court.

A majority of creditors and two thirds in amount of claims within each class of claims impaired under the plan must vote to approve it and Klein will ultimately decide if it meets other bankruptcy law requirements to go into effect.

A city of nearly 300,000 in California's Central Valley, Stockton filed for bankruptcy last year and was the biggest U.S. city to do so until Detroit filed last month.

Klein in April approved Stockton's petition for bankruptcy, a setback for its capital markets creditors, which had contested the city's bid for bankruptcy eligibility. They object to Stockton's payments into the state pension fund.

Klein has said the issue of pension payments may be reviewed after Stockton files its plan to adjust its debt. The city has said it is preserving pensions to retain and recruit employees, adding that its workers have already suffered pay and job cuts from austerity measures in recent years.

Stockton cut $90 million in spending from 2008 to last year in response to a plunge in revenue triggered by the collapse of its once red-hot housing market. The city slashed the police department by 25 percent and cut other departments even more ahead of filing for bankruptcy protection.

Representatives for about 1,100 retired city workers have agreed to accept $5.1 million from Stockton to settle disputes over the city cutting off their subsidized medical coverage.

To raise money to help Stockton exit bankruptcy, its city council voted last month to put a measure increasing the city's sales tax on the November ballot. Revenue raised by the measure would also be used to increase spending on public safety.

While Stockton prepares its debt-adjustment plan and continues talks with its creditors, the judge overseeing San Bernardino, California's bankruptcy petition may rule on Aug. 28 on whether the city, which also filed last summer, is eligible for Chapter 9 protection.

Earlier this month, a city employees' union dropped its objection to San Bernardino's bankruptcy application, leaving the state pension fund for public employees the only party opposing the city's bid for bankruptcy court protection from its creditors.

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UPDATE 1-Bankruptcy judge considers opening secret Detroit 'data room'

Wed Aug 21, 2013 5:49pm EDT

By Bernie Woodall and Joseph Lichterman

DETROIT Aug 21 (Reuters) - The city of Detroit may have to publicly disclose at least some of the financial information in its digital vault, which includes what the city's fiscal future could look like.

U.S. Bankruptcy Judge Steven Rhodes on Wednesday accepted an offer by Jones Day, the law firm handling the city's July 18 municipal bankruptcy filing, to go through about 7,000 pages of financial information in a digital "data room" in the next few days and identify which documents could be made public.

Rhodes said he will entertain the city's argument to keep some of the data out of the public eye on Aug. 28.

The city, under state-appointed Emergency Manager Kevyn Orr, set up and provided the content for the password-protected data room and allowed access to creditors involved in the historic Detroit bankruptcy filing only if they signed a nondisclosure agreement.

Creditors and Orr's office have not revealed what the data consists of. While it was not intended to be seen by the public, representatives from the city's unions and pension funds as well as corporate creditors have been given the password to it after agreeing to the nondisclosure agreement.

On Wednesday afternoon, Jones Day attorney Gregory Shumaker made the offer to identify documents that should be kept from the public, in a change from insisting that all of them should remain private.

Orr is a former member of Jones Day. He resigned from the firm to take the emergency manager position five months ago.

At a hearing earlier on Wednesday at the federal courthouse in Detroit, Rhodes seemed to take umbrage when Shumaker said some of the financial information in the so-called room was not relevant to the city's Chapter 9 filing.

"This is bankruptcy. What is not relevant?" said Rhodes.

Shumaker seemed taken aback. There are scenarios of what may happen to the city's finances in the future that are best kept private, he said.

"What would be the harm to the city's interest?" countered Rhodes.

In the afternoon session, Shumaker said some personal information of individual pensioners should be kept confidential. He also said that as part of an agreement with the actuarial firm Milliman, which drew up some scenarios for the city's two pension funds, the company insisted that anyone viewing the information sign a nondisclosure agreement.

Rhodes told Shumaker to make sure Milliman representatives were in the court next week to explain why their actuarial research should remain out of the public's view.

On July 10, eight days before Detroit filed for the largest municipal bankruptcy in U.S. history, a United Auto Workers attorney, Michael Nicholson, refused to sign the nondisclosure agreement that covered the data as well as discussions held that day in a meeting with Jones Day representatives regarding the city's pensioners.

Nicholson told Rhodes in court Wednesday morning that he was pleased to see a hearing had been set on the potential public release of the information.

Wednesday's hearing had been requested by Syncora Guarantee, the bond insurer that is contesting a creditor agreement Detroit is asking the court to approve. That agreement involves interest-rate swaps related to Detroit pension debt for which Syncora guarantees payment.

Detroit sued Syncora in July after it allegedly told U.S. Bank, which controls the flow of casino funds that were part of a previous agreement with the swap counterparties, not to release up to $11 million a month to Detroit. The hearing did not result in any resolution to the dispute.

Questions regarding information in the data room by Syncora's attorney, Stephen Hackney, led to Rhodes' questioning why the information should be kept confidential.

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UPDATE 2-Peabody on hook for some Patriot Coal retiree benefits -US court

Wed Aug 21, 2013 6:46pm EDT

By Nick Brown

Aug 21 (Reuters) - A federal appeals court on Wednesday said Peabody Energy Co must remain on the hook for retiree benefit costs for 3,100 retired workers at a unit of Patriot Coal Corp, its former subsidiary now in bankruptcy.

The decision, handed down by the Eighth Circuit Bankruptcy Appellate Panel, reverses an earlier ruling that abrogated Peabody's agreement to fund those costs.

The reversal is a small victory for workers in their fight against Peabody, which they allege knowingly bankrupted Patriot by spinning it off in 2007 with heavy debts and few strong assets.

Overall, though, coal miners are still expected to sustain major cuts to benefits as a result of Patriot's collapse.

"This is a bright ray of good news in what has been a long, dreary period for the retirees," Cecil Roberts, president of the United Mine Workers of America, said in a statement on Wednesday.

Peabody created Patriot through a 2007 spin-off, agreeing to continue funding benefits for a group of 3,100 retirees at Patriot's Heritage unit.

In a statement, Patriot Chief Executive Bennett Hatfield said he was "pleased" with the ruling. "Peabody should not be permitted to use Patriot's bankruptcy to escape its healthcare obligations to thousands of retirees," Hatfield said.

Patriot declared bankruptcy in 2012, saying it needed $150 million in annual labor cost savings to regain profitability.

In May, it got permission from bankruptcy Judge Kathy Surratt-States to abandon its current labor and retiree obligations with an eye toward implementing more affordable ones. In granting that request, Judge Surratt-States also abrogated Peabody's commitment to fund the Heritage group benefits.

She said that while the funding for the benefits was coming from Peabody, the responsibility to pay remained with Heritage, and that Patriot's request to abandon that responsibility could not be parsed out to include some retiree groups and not others.

The appellate panel disagreed, saying Heritage and Patriot expressly exempted the Heritage group from their efforts to abrogate benefits.

"Not only did Heritage's motion not request approval to modify the assumed retirees' benefits, it specifically requested that the court not grant it such approval," the panel said.

The details of the Heritage group's benefits remained unclear. Under a new labor deal between Patriot and the United Mine Workers, retiree benefits are transferred to an outside trust. But due to the panel's ruling, the Heritage group would not be a part of the trust. Instead, the agreement requiring Peabody to fund the group's benefits would remain in place, meaning the sides may have to negotiate details of benefits under the new plan.

Peabody in a statement acknowledged the uncertainty, but said it was "pleased" with the panel's ruling.

"The panel did not rule on how Peabody's level of funding would be determined with this new labor agreement in place," the company said. "Now that a new labor agreement has been approved, the provisions of the contract with Patriot will apply and any future funding levels are yet to be determined."

The new deal will give the United Mine Workers an equity stake in post-bankruptcy Patriot, which it could sell to help fund healthcare benefits under the trust.

The United Mine Workers, which represent 1,700 current Patriot workers and 13,000 retirees and their relatives, have fought tooth and nail to salvage benefits during Patriot's collapse. In a separate lawsuit, it has said Peabody should remain on the hook for all labor and benefit costs that Patriot cannot pay.

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UPDATE 2-U.S. judge approves Kodak plan to exit bankruptcy

Written By Unknown on Rabu, 21 Agustus 2013 | 16.48

Tue Aug 20, 2013 5:42pm EDT

By Nick Brown

NEW YORK Aug 20 (Reuters) - Eastman Kodak Co, once a mighty photography pioneer, earned court approval on Tuesday for a plan to emerge from bankruptcy as a much smaller digital-imaging company.

The green light from U.S. Bankruptcy Judge Allan Gropper in New York puts Kodak on track to exit bankruptcy in about two weeks.

"It will be enormously valuable for the company to get out of Chapter 11 and hopefully begin to regain its position in the pantheon of American business," Gropper said.

Kodak, based in Rochester, New York, was for years synonymous with household cameras and family snapshots. It filed a $6.75 billion bankruptcy in January 2012, weighed down by high pension costs and a years-long delay in embracing digital camera technology.

With the court approval, the company's exit from bankruptcy is now imminent, Chief Executive Antonio Perez said in a statement.

"Next, we move on to emergence as a technology leader serving large and growing commercial imaging markets," he said, adding the company will have a leaner structure and a stronger balance sheet.

It has sold off assets, including its consumer-focused operations, and will emerge from Chapter 11 to focus mainly on commercial products such as high-speed digital printing technology and flexible packaging for consumer goods.

Its new structure will mean a lower public profile for Kodak's iconic name and its expected revenues, about $2.5 billion, are roughly half of what it had when it filed for Chapter 11.

In bankruptcy, Kodak failed to obtain significant value for its portfolio of patents, which experts said was a crucial reason it had to sell core businesses and reinvent itself. But the bankruptcy resolved a major dispute with retirees over pensions, and it has forged a restructuring plan that, while wiping out shareholders, should pay secured creditors and second-lien noteholders in full.

General unsecured creditors are likely to receive a marginal payout in the neighborhood of 4 cents to 5 cents on the dollar.

"This comes on a day when many are losing retirement benefits, and many are finding that their recovery as a creditor is just a minute fraction of what their debt is," Gropper said. "But I cannot decree a larger payment for creditors or any payment for shareholders if the value is not there."

Kodak plans to emerge from bankruptcy as early as Sept. 3, its attorney, Andrew Dietderich, said at a hearing in U.S. Bankruptcy Court in New York.

THE FALL OF THE MIGHTY

Kodak's bankruptcy capped a protracted plunge for the company, which was founded in 1880 by George Eastman, the inventor of the hand-held camera and rolled photographic film. Kodak's market value topped $31 billion in the mid-1990s.

When it filed for bankruptcy, it hoped to fetch more than $2 billion for about 1,100 patents related to digital imaging. But due in part to losses in high-profile patent litigation with Apple Inc, the company was only able to sell the portfolio for about $525 million to a consortium led by Intellectual Ventures and RPX Corp.

The company sought other ways to save money. In April, it resolved a crucial dispute with its British pension, which dropped a $2.8 billion claim against Kodak while buying the company's personalized imaging and document imaging businesses for $650 million.

The company reached an $895 million financing deal in June with JPMorgan Chase & Co, Bank of America Corp and Barclays Plc. It also plans a $406 million rights offering, selling 34 million shares, or 85 percent of the equity in the reorganized company, with proceeds going to creditors.

Shareholders fought to salvage some value from the bankruptcy, including at Tuesday's hearing, saying Kodak was undervaluing its reorganized entity. But Gropper repeatedly denied their efforts to form a committee to represent their interests, saying it was clear there would be no value for them.

Gropper's patience ran out however when he admonished one shareholder for asking what he felt were overly broad questions of Kodak executives about their methodology for the company's valuation. The Canadian shareholder spent close to an hour at the podium.

Cross-examination questions must be narrowly focused, Gropper said.

"It's like that in Canada too, yes?" said the judge, raising his voice.

Gropper later admitted he'd "been a bit impatient" with some stakeholders, calling Kodak's collapse a "tragedy of American economic life."

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

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Detroit's bond creditors skip initial bankruptcy fight

Tue Aug 20, 2013 6:55pm EDT

Aug 20 (Reuters) - Detroit's municipal bond creditors did not object to the city's historic bankruptcy petition by Monday's deadline but may be gearing up for a bigger battle down the road that could pit payments on city bonds against pension payments.

Public labor unions, the city's two pension funds, retirees, vendors, and individuals filed a slew of objections with the U.S. Bankruptcy Court in Detroit. Bondholders, including mutual funds, as well as bond insurers, which guarantee payments on much of the city's debt, were absent from the list.

"I'm speechless," said Dick Larkin, director of credit analysis at HJ Sims. In typical Chapter 9 municipal bankruptcies, bond creditors are on the front battle lines, he noted. The no-show by bond holders means only two of Detroit's 20 largest unsecured creditors, the city's two pension funds, disputed the city's right to proceed in bankruptcy court.

Patrick Darby, a bankruptcy attorney at Bradley Arant Boult Cummings LLP, said that bond creditors may have concluded there are no other alternatives for Detroit but bankruptcy. As the bankruptcy proceeds, bondholders will vie against pension funds and other creditors for payment from the city.

"Maybe they have taken a realistic view and concluded that Detroit is in fact insolvent and needs the protection of chapter 9," he said.

In his initial court filing, Kevyn Orr, Detroit's state-appointed emergency manager, said the city was sinking under more than $18 billion in debt and other obligations. He included much of the city's general obligation bonds among nearly $12 billion of the debt that he considers unsecured. In a bankruptcy, unsecured creditors typically do not fare as well as secured creditors.

Orr's plan, laid out in a June 14 proposal to creditors, lumped voter-approved unlimited tax general obligation bonds with less-secured debt, pensions and unfunded retiree health care liabilities. All would be offered just pennies on the dollar.

Richard Ciccarone, a managing director at McDonnell Investment Management, said bond creditors may believe the Chapter 9 bankruptcy proceeding will give them a chance to argue the city must honor the security provisions in Detroit's debt.

"That (Orr's) proposal called for a discount across the board on bonds regardless of their security didn't seem reasonable," said . "I think (bond creditors) felt they have a chance to fight that in the court."

Detroit's largest unsecured creditors are its two pension funds, which have claims totaling nearly $3.5 billion in unfunded liabilities, according to a city estimate included in a bankruptcy filing. Pension funds and unions dispute the estimate, claiming Orr has overstated the underfunding.

Orr has said he based the city estimate on "more realistic assumptions" than previously used. His figure is five times more than the $644 million gap the pension funds reported based on 2011 actuarial valuations.

The remainder of the city's top 20 creditors largely includes holders of $1.47 billion of debt Detroit sold for its pension funds and hundreds of millions of dollars of general obligation bonds, the court filing said.

No mutual fund that holds the city's bonds filed an objection. Funds reached by Reuters said their Detroit bonds are insured and that only insurers have the legal right to contest the bankruptcy.

"We feel comfortable with the claims paying ability of the bond insurers and will leave the contention of the bankruptcy filing to other involved parties," said John Woerth, a spokesman for the Vanguard Group.

Spokespersons for bond insurers reached by Reuters declined comment on why they opted not to challenge Detroit's bankruptcy.

Bond insurer attempts to stop recent U.S. municipal bankruptcies were not successful.

For Detroit's Chapter 9 municipal bankruptcy to proceed U.S. Judge Steven Rhodes, who is overseeing the case, must first find the city has proved it is insolvent and negotiated in good faith with its creditors, or that there were too many creditors to make negotiation feasible. Rhodes has set Oct. 23 for the commencement of a hearing on eligibility challenges, which largely focused on the constitutionality of Detroit's bid to seek protection from its creditors.

Detroit, a former manufacturing powerhouse and cradle of the U.S. automotive industry and Motown music, has struggled for decades as companies moved or closed, crime surged and its population fell from a peak of 1.8 million in the 1950s to around 700,000 today. The city's revenue fell short of spending, while its budgets and borrowing ballooned.

Ciccarone of McDonnell Investment Management said the fate of general obligation bonds in the Detroit case could have implications for the entire U.S. municipal bond market.

"The chance for 100 percent payment (for unlimited tax GO bonds) still exists - if not on time, over time," Ciccarone said.

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Bankruptcy court approves Patriot Coal labor deal

By Bernard Vaughan

NEW YORK | Tue Aug 20, 2013 9:30pm EDT

NEW YORK Aug 20 (Reuters) - A U.S. court approved a labor deal between bankrupt Patriot Coal Corp and its miners' union on Tuesday, putting the the company on track to emerge from bankruptcy by the end of the year.

A deal this month for new collective bargaining agreements and retiree healthcare benefits with the United Mine Workers of America helped avoid more drastic cutbacks Patriot was authorized to impose earlier this year.

Bankruptcy Judge Kathy Surratt-States, who is overseeing the company's restructuring in St. Louis, approved the agreement on Tuesday, Marshall Huebner, a lawyer representing the company, told Reuters.

The judge also granted the company's request to amend an EBITDA covenant in its debtor-in-possession financing agreement, he said.

"We view the consensual agreement with the UMWA as a major milestone in our restructuring," Huebner said.

Patriot declared bankruptcy in 2012, saying it needed $150 million in annual labor cost savings to regain profitability. The United Mine Workers, which represent 1,700 current Patriot workers and 13,000 retirees and their relatives, have fought to salvage benefits.

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

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Detroit unions file challenge to city's bankruptcy petition

Written By Unknown on Selasa, 20 Agustus 2013 | 16.48

Mon Aug 19, 2013 2:48pm EDT

Aug 19 (Reuters) - Detroit's unions filed a challenge on Monday to the city's historic bankruptcy filing, contending that the city has not met key requirements to seek protection from its creditors.

The American Federation of State, County and Municipal Employees Council 25 and other unions said Detroit has not proven it is insolvent and has not negotiated in good faith with its creditors. In a filing with the U.S. Bankruptcy Court in Detroit, the unions also contended that Chapter 9 of the federal bankruptcy code, which governs municipal bankruptcies, violates the U.S. Constitution by encroaching on states' rights.

The unions' objection also said Michigan's emergency manager law, which enabled Detroit to file for bankruptcy on July 18, violates the state constitution because the law does not explicitly protect retirement benefits for public workers.


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UPDATE 1-Detroit union files challenge to city's bankruptcy petition

Mon Aug 19, 2013 4:28pm EDT

By Joseph Lichterman and Bernie Woodall

DETROIT Aug 19 (Reuters) - One of Detroit's biggest public labor unions on Monday became the first major party to file an objection to the city's bankruptcy filing ahead of a midnight deadline for challenges.

The American Federation of State, County and Municipal Employees Council 25 said Detroit, which last month filed for what would be the largest-ever U.S. municipal bankruptcy, has not proven it is insolvent and has not negotiated in good faith with its creditors. In a filing with the U.S. Bankruptcy Court in Detroit, the union said it was also challenging the constitutionality of Chapter 9 of the federal bankruptcy code, which governs municipal bankruptcies, arguing that it encroaches on states' rights.

The union also said Michigan's emergency manager law, which enabled Detroit to file for bankruptcy on July 18, violates the state constitution because the law does not explicitly protect retirement benefits for public workers.

With the clock ticking toward the deadline set by U.S. Judge Steven Rhodes, who is overseeing Detroit's case, objections were expected to be filed by a range of creditors, including the city's public-employee pension funds, bondholders, bond insurers, vendors, retirees and possibly hundreds of smaller parties.

For Detroit's Chapter 9 municipal bankruptcy to proceed, Rhodes must first find that the city has proven it is insolvent and negotiated in good faith with its creditors, or that there were too many creditors to make negotiations feasible.

In a court filing earlier this month, Detroit released a list of creditors, including current, former and retired workers, that filled 3,504 pages. Another filing by Kevyn Orr, Detroit's state-appointed emergency manager, said that "further negotiations with all of the city's various stakeholders is impracticable."

Orr's filing included a litany of Detroit's financial woes, including more than $18 billion in debt and other obligations, with nearly $12 billion of that amount considered unsecured.

Detroit, a former manufacturing powerhouse and cradle of the U.S. automotive industry and Motown music, has struggled for decades as companies moved or closed, crime surged and its population fell from a peak of 1.8 million in the 1950s to around 700,000 currently. The city's revenue fell short of spending, while its budgets and borrowing ballooned.

Orr's spokesman, Bill Nowling, said the emergency manager will respond "specifically and completely" to the objections in court.

"Mr. Orr believes he has surpassed the legal standard of negotiating in good faith with creditors and stakeholders," Nowling said. "He submitted a proposed restructuring plan to creditors on June 14."

About 50 individuals filed objections to the bankruptcy at the federal court in Detroit Monday morning. The group was organized by the Detroit chapter of the National Action Network, a national civil rights organization founded by Rev. Al Sharpton.

The group's objection cites potential constitutional problems with a Michigan law that allowed for the bankruptcy filing and claims that the judge did not allow enough time for objection filings.

Rev. Charles Williams II, the chapter's president, said many residents, himself included, received notice only last week that they were parties of interest who could object to the city's filing.

"The process hasn't been as clear and transparent as it should have," Williams said. "Many Detroit residents received letters giving them the opportunity to file for an objection and they didn't even know they received it. They weren't properly notified."

Rhodes has scheduled Oct. 23 for the start of a hearing to determine if Detroit is eligible to file for bankruptcy under Chapter 9. If Detroit is deemed eligible for municipal bankruptcy, it would be the biggest such case in U.S. history.

Detroit's largest unsecured creditors are its two pension funds, which have claims totaling $3.74 billion in estimated unfunded liabilities, according to a court filing by the city.

The remainder of the city's top 20 creditors include bondholders of $1.47 billion of certificates of participation that Detroit sold for its pension funds and hundreds of million dollars of general obligation bonds.

The Detroit Institute of Arts said on Monday it will not file an objection to the bankruptcy. The DIA has become embroiled in the city's case because its assets, which include works by Van Gogh and Matisse, could be sold to pay Detroit's debt. However, Orr has said he hopes he does not have to sell DIA assets.

Rhodes on Monday appointed Chicago attorney Robert Fishman as the fee examiner in the case. Fishman will ensure all fees charged to the city are disclosed and are not exorbitant. Fee examiners are typical in corporate bankruptcies, but according to a search of the Westlaw legal database, it appears Rhodes is the first judge to appoint one in a Chapter 9 municipal bankruptcy. [ID: nL1N0G11XY]

While Orr has expressed a desire for the city to emerge from bankruptcy by September 2014, a lengthy eligibility fight could extend the time frame.

Stockton, California, took nearly a year just to prove it could stay in bankruptcy court, and San Bernardino, California, is still awaiting a declaration more than a year after filing for protection.

Some local governments have lost their eligibility fights. A judge in Bridgeport, Connecticut's 1991 bankruptcy found the city was not insolvent, while Harrisburg, Pennsylvania's 2011 petition did not survive because state lawmakers passed legislation barring the city's filing and a judge threw it out.

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UPDATE 2-Detroit bankruptcy challenged on constitutional grounds

Tue Aug 20, 2013 1:56am EDT

(Adds that no filings came from bond holders, provides additional objection from unions)

By Joseph Lichterman and Bernie Woodall

DETROIT Aug 20 (Reuters) - Public labor unions took aim at Detroit's historic bankruptcy filing on Monday, asking a U.S. court to toss the city's bid for protection from its creditors because it is constitutionally flawed on both the state and federal levels.

A union that represents public-sector workers even took the unusual step of arguing that Chapter 9 of the federal bankruptcy code, under which municipalities seek protection from their creditors, violates the U.S. Constitution.

But as a midnight deadline for filing objections to the bankruptcy passed, Detroit's bondholders were conspicuously absent from the long list of unions, pension funds and individual creditors lining up to argue against bankruptcy.

Unions representing the city's firefighters and police alleged that state-appointed emergency manager Kevyn Orr had failed to negotiate in good faith, stating "there were no negotiations."

Under U.S. bankruptcy code, Detroit must prove it is insolvent and has negotiated with creditors in good faith, or there were too many creditors to make negotiations feasible, in order to be certified by a federal judge for a bankruptcy proceeding.

For his part, Michigan Attorney General Bill Schuette said in a filing that even if the bankruptcy case continues, the city cannot be allowed to ignore state constitutional protections for retirement benefits earned by its employees.

Schuette's filing does not ask the judge to prevent Detroit's bankruptcy from proceeding.

Unions and the city's two public pension funds made similar arguments in their filings, claiming a bankruptcy filing will lead to an unconstitutional reduction in retirement benefits.

The American Federation of State, County and Municipal Employees Council 25, in its filing with the U.S. Bankruptcy Court in Detroit, argued that Chapter 9 encroaches on states' rights.

The union made more conventional legal arguments as well.

It argued that Detroit, which last month filed for what would rank as the largest-ever U.S. municipal bankruptcy, has not proven it is insolvent and has not negotiated in good faith with its creditors.

AFSCME also said Michigan's emergency manager law, which enabled Detroit to file for bankruptcy on July 18, violates the state constitution because the law does not explicitly protect retirement benefits for public workers.

The United Auto Workers, whose members work for the city, also filed an objection early Monday evening, claiming that Gov. Rick Snyder violated Michigan's constitution when he permitted Detroit's emergency manager Kevyn Orr to file for bankruptcy.

A June 14 "Proposal to Creditors" made roughly a month before the bankruptcy filing "serves as the vehicle of Governor Snyder and EM Orr to use federal bankruptcy law to impair pensions protected from impairment" by the Michigan constitution, the UAW said in its objection.

AFSCME's arguments were adopted by two other city unions -SEIU Local 517 and International Union of Operating Engineers Local 324 - in separate filings.

Municipal bankruptcy experts said the U.S. Supreme Court settled Chapter 9's constitutionality in 1938.

Jim Spiotto, an attorney at Chapman and Cutler, said as long as a state allows a local government to file for bankruptcy, as in Detroit's case, states' rights are not at issue.

"I'm sure somebody at the bankruptcy court level brought it up before, but I don't think (the argument) lasted very long," he said.

An AFSCME spokesman did not return messages seeking comment on the federal constitutional argument.

Schuette, the Michigan attorney general, said in his filing that Detroit is bankrupt, and the governor was authorized to allow the city's bankruptcy petition.

"However, throughout this bankruptcy process, protections enshrined in the Michigan Constitution by the citizens of our state must be honored, respected and followed," Schuette said, pointing to a constitutional prohibition against diminishing or impairing accrued retirement benefits for public workers.

He added unaccrued benefits can still be part of proceedings.

CLOCK TICKING

Prior to the 11:59 p.m. Eastern Daylight Time deadline set for Monday night by U.S. Judge Steven Rhodes, who is overseeing Detroit's case, objections had been expected by bondholders and bond insurers.

Members of both groups have challenged an agreement the city reached with counter parties to interest-rate swaps that would enable the city to unwind its swaps contracts at a discounted rate.

No explanation was immediately available for why no objection was filed by bondholders and bond insurers. Bond insurers, which step in and make debt payments on the city's behalf when it cannot meet its obligations, are particularly at risk after Orr in June announced plans to default on Detroit debt he considers unsecured.

In a court filing earlier this month, Detroit released a list of creditors, including current, former and retired workers, that filled 3,504 pages. An initial filing in the case by Orr said that "further negotiations with all of the city's various stakeholders is impracticable."

Orr's filing included a litany of Detroit's financial woes, including more than $18 billion in debt and other obligations, with nearly $12 billion of that amount considered unsecured.

Detroit, a former manufacturing powerhouse and cradle of the U.S. automotive industry and Motown music, has struggled for decades as companies moved or closed, crime surged and its population fell from a peak of 1.8 million in the 1950s to around 700,000 currently. The city's revenue fell short of spending, while its budgets and borrowing ballooned.

Orr will respond "specifically and completely" to the objections in court, said his spokesman, Bill Nowling.

"Mr. Orr believes he has surpassed the legal standard of negotiating in good faith with creditors and stakeholders," Nowling said. "He submitted a proposed restructuring plan to creditors on June 14."

About 50 individuals filed objections at the federal court in Detroit on Monday morning. The group was organized by the Detroit chapter of the National Action Network, a national civil rights organization founded by Rev. Al Sharpton.

The group's objection cites potential constitutional problems with a Michigan law that allowed for the bankruptcy filing and claims that the judge did not allow enough time for objection filings.

Rev. Charles Williams II, the chapter's president, said many residents, himself included, received notice only last week that they were parties of interest who could object to the filing.

"The process hasn't been as clear and transparent as it should have," Williams said. "Many Detroit residents received letters giving them the opportunity to file for an objection and they didn't even know they received it. They weren't properly notified."

Rhodes has scheduled Oct. 23 for the start of a hearing to determine if Detroit is eligible to file for bankruptcy under Chapter 9. If Detroit is deemed eligible for municipal bankruptcy, it would be the biggest such case in U.S. history.

Detroit's largest unsecured creditors are its two pension funds, which have claims totaling $3.74 billion in estimated unfunded liabilities, according to a court filing by the city.

The remainder of the city's top 20 creditors include bondholders of $1.47 billion of certificates of participation that Detroit sold for its pension funds and hundreds of million dollars of general obligation bonds.

The Detroit Institute of Arts said on Monday it will not file an objection to the bankruptcy. The DIA has become embroiled in the city's case because its assets, which include works by Van Gogh and Matisse, could be sold to pay Detroit's debt. However, Orr has said he hopes he does not have to sell DIA assets.

Rhodes on Monday appointed Chicago attorney Robert Fishman as the fee examiner in the case. [ID: nL1N0G11XY] (Additional reporting by Karen Pierog, Nicholas Brown and Deepa Seetharaman; Editing by Dan Grebler and Elizabeth Piper)

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