Bloomberg Fights Court Order to Detail Contacts With Molycorp Advisers
January 19 2016 - 7:00PM
Dow Jones News
A federal judge has ordered dozens of bankruptcy professionals
to file sworn statements concerning their conversations with
Bloomberg LP reporters involving troubled rare-earths mining
company Molycorp Inc.
The order, signed last week by Judge Christopher Sontchi of the
U.S. Bankruptcy Court in Wilmington, Del., cites concerns that
information leaked from mediation may have been used in Bloomberg
articles in recent months.
Backed by the Reporters Committee for Freedom of the Press and
other news organizations, Bloomberg asked the judge to reconsider
his order, warning it threatens to chill journalists' ability to
report on the contentious proceeding.
Bloomberg has been reporting on the fight between bondholders
and buyout firm Oaktree Capital Management L.P., Molycorp's senior
lender, over the company's chapter 11 restructuring.
On Tuesday, Judge Sontchi refused to speed up the schedule for
arguments over the order. He also refused to hold up his order for
48 hours to give Bloomberg an opportunity to go to federal court
for an emergency order to upset his ruling.
After being turned down in bankruptcy court, Bloomberg's lawyers
went to the U.S. District Court in Wilmington, Del., seeking an
emergency hearing and stay.
Judge Sontchi's order "implicates serious First Amendment
concerns," lawyers for the news organization wrote in federal court
papers.
The order requires people working on Molycorp's case to detail
their contacts with Bloomberg reporters. It requires the filing of
"a sworn declaration regarding communications about Molycorp that
they may have had, or known about others having, with reporters
from Bloomberg in the last 60 days."
Bloomberg's lawyers say the order "sweeps in, and requires a
report to the government regarding, two months worth of
newsgathering by Bloomberg that is not alleged to involve any
violation of a court order or any law or rule." The news
organization's lawyers attacked it as vague and overbroad.
The judge's decision to gather evidence of talks with reporters
adds another layer of complication to a bankruptcy proceeding that
has been marked by bitter exchanges between senior and junior
creditors and a high level of secrecy.
At a recent court hearing, Gregory Horowitz, a lawyer for the
bondholders, told Judge Sontchi the professionals require "real
meaningful adult supervision" to make progress toward a favorable
outcome. Oaktree has said it came to Molycorp's aid when the
company was in distress.
Molycorp filed for chapter 11 protection last year, its business
plan upended by a change in Chinese trade policy that sent prices
for its products plunging. Oaktree and bondholders clashed over
financing, auction plans and prospects of litigation involving debt
that piled as Molycorp ran into trouble.
Meanwhile, bondholders have complained that key information
about the company's future was kept out of sight, including for a
time, the financial data Molycorp is required to disclose to
creditors being asked to vote on the plan. Those numbers were
eventually revealed, setting off howls of protest from bondholders
that the revelation was designed to put a damper on a bankruptcy
auction.
Still under seal are large swaths of a lawsuit Molycorp's
creditors have filed against Oaktree. In court hearings, lawyers
for junior creditors have said creditors' chances of recovery hang
largely on the strength of the legal claims in the suit, which are
largely out of view.
Write to Peg Brickley at peg.brickley@wsj.com
(END) Dow Jones Newswires
January 19, 2016 18:45 ET (23:45 GMT)
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