SunEdison Shareholders Lose Fight for Say in Bankruptcy
August 12 2016 - 8:50AM
Dow Jones News
Shareholders won't get an official voice in the bankruptcy of
SunEdison Inc. because the company is "hopelessly insolvent," with
debts outweighing assets by at least $1 billion, a bankruptcy judge
has ruled.
The decision from Judge Stuart Bernstein followed a court fight
aimed at proving the solar-power developer has enough value left to
offer hope that shareholders would avoid a wipeout in
bankruptcy.
Judge Bernstein, who has presided over SunEdison's chapter 11
case from its start in April, said it is "substantially unlikely"
the company would be able to pay off its debts. Even working with
book values on paper and estimates of what asset sales would bring,
SunEdison would come up from $1 billion to $2.5 billion short of
debts, the judge said.
The judge turned down a request for an official committee to
represent shareholders in SunEdison's bankruptcy case, a bid that
was driven in part by shock over the rapid decline in value in the
company. Signed on Thursday, the ruling was filed Friday in the
U.S. Bankruptcy Court for the Southern District of New York.
SunEdison's market capitalization plummeted in 2015 and 2016, as
investors and business partners lost confidence amid mounting debt,
incomplete deals and doubts about the company's finances.
Shareholders "have lost money on their investments, and hope
that an official committee will capture value for them in the end.
The appointment of an Equity Committee, however, will not create
value where it does not exist," the judge said.
The dim outlook for SunEdison's bankruptcy isn't news to bond
investors, who have been trading the company's debt for 6 cents on
the dollar or less. That price reflects their conviction that
SunEdison's bankruptcy won't produce enough value to pay them.
At a court hearing Thursday, SunEdison lawyers said the company
is working on a business plan that could lead to a reorganization
around assets that aren't sold in bankruptcy. Some of the solar
power company's projects have been sold, others are going up for
auction, and talks are under way about finding a buyer for
SunEdison's control stakes in two separate public companies,
TerraForm Power Inc. and TerraForm Global Inc.
Write to Peg Brickley at peg.brickley@wsj.com
(END) Dow Jones Newswires
August 12, 2016 08:35 ET (12:35 GMT)
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