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Bankruptcy and Corporate Restructuring News (November 12, 2008)

November 12, 2008 · 1 Comment

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Delphi Corporation Files Quarterly Operating Report – $121 Million Operating Loss

November 12, 2008 · 1 Comment

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Delphi Corporation has filed its quarterly operating report for the three-month period ended September 30, 2008.  Among the highlights:

  • Delphi reported an operating loss of $121 million for the quarter on net sales of $1.9 billion.  However, that operating loss includes $254 million of pre-tax earnings credited against Delphi’s operating expenses as a result of amounts received from General Motors Corp. pursuant to the Master Restructuring Agreement. 
  • Of Delphi’s $1.9 billion in net sales, $973 million (or 50.3%) were to GM and its affiliates
  • Delphi reported net income for the quarter of $5.2 billion, but that included a net reorganization gain of $5.3 billion as a result of the Global Settlement Agreement with GM and an additional $355 million in pre-tax earnings as a result of the Master Restructuring Agreement with GM.  Therefore, excluding the impact of these GM agreements, Delphi would have reported a net loss of approximately $440 million.
  • Delphi reported cash and cash equivalents increased by $988 million during the period and that the company ended the quarter with $1.1 billion in cash.  However, this increase in cash is again due to the two agreements with GM referenced above, as Delphi received net cash of $1.2 billion from GM under the agreements during the quarter ($641 million under the GSA and $559 million under the MRA). Delphi also had net borrowings under its debtor-in-possession (or DIP) financing facility of $154 million during the quarter.

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Categories: Bankruptcy and Restructuring News · Major Bankruptcy Case Events
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Deutsche Bank Files Complaint Against Lehman Brothers in Bankruptcy Court

November 12, 2008 · Leave a Comment

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Deutsche Bank AG filed an adversary complaint against Lehman Brothers Holdings, Inc. on Tuesday requesting that the bankruptcy court order Lehman Brothers to return $72.5 million that Deutsche Bank asserts it mistakenly transferred to Lehman Brothers on September 26, 2008.  Deutsche Bank asserts in the complaint that it intended to transfer the funds to a counter party (presumably unrelated to Lehman) under an ISDA Master Agreement but had incorrect wire instructions on file.  Deutsche Bank claims that it has requested return of the funds from Lehman but Lehman has refused, asserting that Deutsche Bank owes Lehman $290 million under other agreements (an assertion that Deutsche Bank denies in the complaint). 

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Categories: Bankruptcy and Restructuring News · Major Bankruptcy Case Events
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Disclosure Statement Hearing in TOUSA Bankruptcy Postponed Indefinitely

November 12, 2008 · Leave a Comment

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Bankrupt homebuilder and financial services company TOUSA, Inc. filed a pleading on Tuesday notifying parties in its bankruptcy case that the hearing to consider approval of the debtors’ Disclosure Statement was being postponed indefinitely. 

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Categories: Bankruptcy and Restructuring News · Disclosure Statement · Major Bankruptcy Case Events · Plan of Reorganization
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ATA Airlines Seeks Approval of Bidding Procedures to Sell 3 Lockheed L1011-500 Aircraft

November 12, 2008 · Leave a Comment

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ATA Airlines, Inc., which has ceased operations and is in the process of liquidating, has sought court approval of bidding procedures in order to sell three of its remaining aircraft – all Lockheed L1011-500s.  The motion asserts that ATA has received “expressions of interest” in the aircraft, but there is no stalking horse bidder for the planes.  The motion requests a bid deadline of December 12, 2008 at 5:00 p.m.

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Categories: Bankruptcy and Restructuring News · Major Bankruptcy Case Events
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FOXBusiness Video – No Bailout for GM?

November 12, 2008 · Leave a Comment

Tom Donlan from Barron’s explains his view as to why General Motors should not be bailed out.

more about “FOXBusiness Video – No Bailout for GM?“, posted with vodpod

 

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FOXBusiness Video – Who is to Blame for Automaker Failures?

November 12, 2008 · Leave a Comment

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Bankruptcy and Corporate Restructuring News Headlines (November 11, 2008)

November 12, 2008 · Leave a Comment

Categories: Bankruptcy and Restructuring News · Major Bankruptcy Case Events · New Bankruptcy Filings
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Wall Street Journal Video – Corporate America: What Goes Around…

November 12, 2008 · Leave a Comment

WSJ’s Dennis Berman and Evan Newmark discuss how corporate America will survive these tough economic times. Restructuring could be the key.

 

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Wall Street Journal Video – Is America Turning Japanese?

November 12, 2008 · Leave a Comment

Simon Constable of Dow Jones Newswires says the U.S. is taking a page out of Japan’s “economic book” from the 90’s and turning Japanese.

 

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