Spain's Abengoa Wins U.S. Bankruptcy Court Protection
April 27 2016 - 3:40PM
Dow Jones News
A U.S. judge Wednesday granted bankruptcy protection to Spain's
Abengoa SA over the objections of a group insurance companies who
claimed the energy company's talks to restructure billions in debt
was unfair to U.S. creditors.
Judge Kevin Carey of the U.S. Bankruptcy Court said he would
sign off on Abengoa's bid for protection under chapter 15, which
recognizes the company's ongoing restructuring talks with its banks
and bondholders in Spain.
Recognition of the Spanish proceeding locks in a pre-insolvency
standstill agreement Abengoa struck with key creditors that gives
it more time---through Oct. 28---to continue negotiations on
restructuring its debts, which court papers show total more than
€14.6 billion ($16.48 billion).
A group of insurance companies that has issued some $250 million
in surety bonds tied to Abengoa's construction of U.S. power plants
had balked at the U.S. court's recognition of the Spanish
proceeding.
The companies—including Liberty Mutual Insurance Co., AIG and
Zurich American Insurance Co.--called the Spanish proceeding
"manifestly contrary" to U.S. public policy because it forced them
to abide by a standstill agreement without due process.
Judge Carey said the lawyers for the insurers were arguing that
the Spanish restructuring proceedings should only be recognized if
they were identical to a U.S. bankruptcy proceeding.
"They don't have to be identical to a U.S. bankruptcy
proceeding," he said in his ruling from the bench.
Under chapter 15, a company seeks a U.S. Bankruptcy Court's
recognition of a foreign bankruptcy case---in this case the Spanish
proceeding---as the main, or controlling, case.
With Judge Carey's approval, the Seville-based energy company
will receive the benefits of U.S. bankruptcy law, including the
so-called automatic stay that halts lawsuits and prevents creditors
from seizing assets.
Jacqueline Palank contributed to this article.
Write to Patrick Fitzgerald at patrick.fitzgerald@wsj.com
(END) Dow Jones Newswires
April 27, 2016 15:25 ET (19:25 GMT)
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