Abengoa U.S. Creditors to Vote on Bankruptcy Exit
28 October 2016 - 5:24AM
Dow Jones News
By Peg Brickley
Abengoa on Thursday won preliminary court approval for its
proposal to appease U.S. creditors, an essential element of the
restructuring deal that is keeping the renewable-energy company out
of bankruptcy in Spain.
U.S. Bankruptcy Judge Kevin Carey found the 2,300-plus-page
outline of chapter 11 exit plans for the Spanish company's U.S.
affiliates contains sufficient information to allow creditors to
decide how to cast their ballots.
Once the votes are in, the Abengoa U.S. units that are operating
under the protection of chapter 11 in the U.S. Bankruptcy Court in
Wilmington, Del. will return to Judge Carey to seek confirmation of
the U.S. bankruptcy plans.
The Spanish company needs to keep the U.S. units on track for
resolving their bankruptcies to provide reassurance to the lenders
that are stepping up to support a massive restructuring deal that
will save the multinational company, lawyers for the U.S. units
told Judge Carey.
Thursday's hearing was a test of whether the Abengoa U.S.
affiliates had provided enough financial information to creditors.
An early version of the chapter 11 plan report offered scant
detail, as a result drawing criticism from a federal bankruptcy
watchdog and creditors.
Unsecured creditors of the Abengoa U.S. affiliates are still
working to digest the load of information added recently to the
disclosure statement, the document explaining the plan that is sent
out with ballots, said Christopher Donoho, lawyer for the committee
representing those creditors.
The committee doesn't want a delay in the U.S. proceeding to
hold up the Spanish process, but it still has questions about what
junior creditors are being offered, Mr. Donoho said.
"We still have real concerns around confirmation but we're going
to hopefully work through those," he said Thursday .
Nationwide Mutual Insurance Co. and RLI Insurance Co., two
creditors, have called for the appointment of an examiner, or an
independent investigator, to probe the Spanish company's finances.
The U.S. affiliates said in their chapter 11 plan papers that such
a probe isn't a good idea. The companies and creditors are already
looking at the issues with a view toward improving creditor
recoveries, Abengoa said.
A multinational clean technology powerhouse, Abengoa was dragged
into trouble due to Spain's 2013 economic crisis, when the
government cut back subsidies for solar and wind power companies.
Many companies failed, and Abengoa survived only by issuing more
than $5 billion in debt.
Some of that debt was guaranteed by U.S. affiliates. It is to be
dealt with under the master restructuring agreement that revamps
the Spanish parent's balance sheet, as well as under the chapter 11
plans that apply to the U.S. units.
Founded in Seville, Spain, in 1941, Abengoa develops
clean-energy projects world-wide. After a new investment deal fell
through, the company launched preliminary insolvency proceedings in
Spain last year. The move bought Abengoa time to negotiate a
restructuring agreement with creditors and avoid filing bankruptcy
in Spain. Bankruptcy proceedings in the U.S. helped shield U.S.
assets during international restructuring talks.
--Jacqueline Palank contributed to this article.
Write to Peg Brickley at peg.brickley@wsj.com
(END) Dow Jones Newswires
October 27, 2016 14:09 ET (18:09 GMT)
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