More Boston Generating Creditors Balk At Constellation Sale
November 11 2010 - 1:47PM
Dow Jones News
The line of creditors who want to halt Boston Generating LLC's
sale of its assets at a bankruptcy court auction next Wednesday
keeps getting longer.
In a court filing earlier this week, second-lien holder
MatlinPatterson Global Advisors LLC said Boston Generating has
enough cash to get through a Chapter 11 bankruptcy and therefore a
sale to Constellation Energy Group Inc. (CEG) or any competing
bidder is unnecessary.
Instead, MatlinPatterson wants Boston Generating to file a
reorganization plan, something other creditors are also backing.
The investment firm says that if Boston Generating shows it needs
money to fund its bankruptcy case then MatlinPatterson could
provide the debtor-in-possession financing.
MatlinPatterson joins CarVal Investors LLC and Fortress
Investment Group (FIG) as objectors to the sale. Constellation's
$1.1 billion price for Boston Generating is a "low-ball" bid,
MatlinPatterson said, all for the benefit of first-lien lenders and
Boston Generating insiders.
The deal would likely provide the company's senior lenders with
close to a full recovery but would wipe out more junior
creditors.
Boston Generating's official committee of unsecured creditors is
also objecting to the sale, saying in a court filing that unsecured
creditors holding debt of about $425 million are the victims of a
"fire sale of a fundamentally healthy company."
In its filing, MatlinPatterson pointed out that many of Boston
Generating's directors are also directors of parent U.S. Power
Generating Co., and that "USPG's self-interest put this company on
the auction block." A Boston Generating spokesman declined to
comment.
"The debtors should be compelled to hold an open and fulsome
process and meaningfully consider restructuring alternatives,"
MatlinPatterson said, "but this time, for the first time, run by an
independent board with the interests and input of their major
creditor constituencies in mind."
In September the firm objected to the establishment of bidding
procedures for the auction, but Judge Shelley C. Chapman of U.S.
Bankruptcy Court in Manhattan approved the rules with the caveat
that she could revisit the matter to decide whether a sale itself
showed sound business judgement.
Boston Generating filed for Chapter 11 protection in August with
the Constellation sale in place, subject to higher bids at auction.
Chapman will oversee an auction and sale next week.
(Dow Jones Daily Bankruptcy Review covers news about distressed
companies and those under bankruptcy protection.)
-By Joseph Checkler; Dow Jones Newswires; 212-416-2152;
joseph.checkler@dowjones.com
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