T R O U B L E D C O M P A N Y R E P O R T E R
E U R O P E
Friday, October 5, 2007, Vol. 8, No. 197
Headlines
A U S T R I A
APG PROJEKTMANAGEMENT: Claims Registration Period Ends Oct. 23
BVS LLC: Claims Registration Period Ends Oct. 24
DE MATTEIS: Claims Registration Period Ends Oct. 25
INOVAT LLC: Claims Registration Period Ends Oct. 24
SANLI BAU: Claims Registration Period Ends Oct. 23
TWS AUTOHANDEL: Vienna Court Orders Business Shutdown
VASS LLC: Vienna Court Orders Business Shutdown
YUSUF YIGIT: Claims Registration Period Ends Oct. 25
B E L G I U M
KENDLE INTERNATIONAL: Names Ken Hintze as Vice President
F I N L A N D
NVIDIA CORP: S&P Affirms BB- Corp. Rating with Stable Outlook
F R A N C E
BOWNE & CO: Earns $15.7 million in Second Quarter Ended June 30
DELPHI CORP: U.S. Trustee Adds SABIC to Creditors Committee
SOLECTRON CORP: Flextronics Deal Cues Fitch to Withdraw Ratings
G E R M A N Y
ALLEXPORT HANDELSGESELLSCHAFT: Creditors' Claims Due November 1
AQWA GMBH: Claims Registration Ends October 16
BACHL CARAVAN: Claims Registration Period Ends Nov. 2
BADERSTUDIO ZINGST: Claims Registration Ends October 29
BETEILIGUNGSGESELLSCHAFT PAUL: Claims Registration Ends Nov. 1
CC PERION: Creditors Must File Claims by November 1
CHRYSLER LLC: September 2007 U.S. Sales Down 5%
DAN WITT: Claims Registration Period Ends November 14
DITMAR SEBECZEK: Claims Registration Ends October 29
DURA AUTOMOTIVE: Gets Court Nod to Submit Plan to Creditors
EHK BETEILIGUNGS: Claims Registration Ends Oct. 17
FERIENDORF AM VATTERODER: Claims Registration Ends Nov. 1
GERVES BAUTRAGER: Claims Registration Ends October 29
GM-ABBRUCH: Claims Registration Ends Oct. 18
HERFEI SPIELTREFF: Claims Registration Period Ends Nov. 16
PARKLAND GMBH: Claims Registration Period Ends Nov. 16
PLANBAU GMBH: Claims Registration Period Ends Nov. 16
RESTAURANT BRUENGER: Creditors Must File Claims by October 30
RUDOLF MATZKE: Claims Registration Ends Oct. 15
SCHIEDER-MOEBELWORK: Berggruen Buys Large Chunk of Assets
WILFRIED FROHBERG: Claims Registration Period Ends Nov. 1
ZUELPICHER REISEBUERO: Claims Registration Ends October 26
I R E L A N D
FREESTAR TECHNOLOGY: Auditor Raises Going Concern Doubt
I T A L Y
ALITALIA SPA: Aeroflot Denies Possible Rebid for Italy's Stake
DANA CORP: Appaloosa Re-Affirms Investment Bid; Sends Final Deal
DANA CORP: Eyes Entry of Mexican Unit Restructuring Process
M. FABRIKANT: Files Joint Chapter 11 Plan of Liquidation
PARMALAT SPA: Settles Case vs. GKB AG for EUR20.75 Million
PARMALAT SPA: Settles Case vs. Calyon for EUR2.63 Million
PARMALAT SPA: Judge Doubts EUR2.1 Billion Claim Against Banks
PARMALAT SPA: Plans Expansion Via Acquisitions & Joint Ventures
K A Z A K H S T A N
AKTOBE STANKAL: Proof of Claim Deadline Slated for Nov. 9
AKTOGAI TRANSPORT: Creditors Must File Claims Nov. 9
BANK TURANALEM: Sovereign Ratings Cue S&P to Amend Outlook
CAPITAL REAL: Claims Filing Period Ends Nov. 9
EURASIAN BANK: Standard & Poor's Changes Outlook to Positive
EURASIA INSURANCE: Sovereign Ratings Cue S&P to Change Outlook
GORIZONT LLP: Creditors' Claims Due on November 9
JARKEN LLP: Claims Registration Ends November 9
KONYSBAYEV LLP: Creditors Must File Claims November 9
KRASNY KUT: Claims Filing Period Ends November 9
PRIDE INTERNATIONAL: Earns US$146.1 Million in Second Quarter
K Y R G Y Z S T A N
SOLMAN LLC: Creditors Must File Claims by November 2
L U X E M B O U R G
TNK-BP FINANCE: Issuing Over US$500 Million Debt for Parent
P O L A N D
AUTOCAM CORP: Weak Performance Cues Moody's to Hold B3 Rating
SCO GROUP: Taps Berger Singerman as General Counsel
SCO GROUP: Promotes Sandy Gupta to President of SCO Operations
R U S S I A
BOROVICHSKIJ FEED: Court Names Nichkov A.V. as Liquidator
BUIAVTOTRANS OJSC: Creditors Must File Claims by Oct. 22
CHAPAEV FISH FARM: Asset Sale Slated for October 23
FOOD COMPLEX: Creditors Must File Claims by Oct. 22
HEATING SYSTEMS: Creditors Must File Claims by Nov. 22
KUBAN' CJSC: Bidding Deadline Slated for October 17
ROSSIYA INSURANCE: Fitch Rates Financial Strength at B+
SISTEMA JSFC: Buys 10% Stake in Shyam Telelink for US11.4 Mln
TNK-BP HOLDING: Issuing Over US$500 Million Debt
TRANSSIBERIAN REINSURANCE: Fitch Affirms B+ IFS Ratings
VIMPELCOM: Telenor Ends Legal Row with Alfa's Altimo Over URS
WALLING PLANT OJSC: Asset Sale Slated for October 25
S P A I N
ACXIOM CORP: Expects Improved Second Quarter Financial Results
GRUPO LLANERA: Files for Bankruptcy Protection in Valencia
S W E D E N
FLEXTRONICS INT'L: Fitch Affirms 'BB+' Issuer Default Rating
S W I T Z E R L A N D
CONFECOL JSC: Creditors' Liquidation Claims Due October 12
FRAG FINANZRATGEBER: Creditors' Liquidation Claims Due Nov. 7
GRAPHIS KARTOGRAPHIE: Court Starts Bankruptcy Proceedings
HI METAL: Zug Court Starts Bankruptcy Proceedings
KONSTANTI & PARTNER: Creditors' Liquidation Claims Due Oct. 31
PETROPLUS INT'L: Creditors' Liquidation Claims Due Oct 12
VIROOS LLC: Creditors' Liquidation Claims Due October 10
YASODI JSC: Creditors' Liquidation Claims Due October 12
T U R K E Y
PETROL OFISI: Fitch Holds BB- IDR on Strong Fin'l. Performance
U K R A I N E
BANK FORUM: To Secure US$90 Million Syndicated Loan
BUILDING REPAIR: Proofs of Claim Deadline Set October 5
CARDINAL RESOURCES: Delays Interim Results Ending June 2007
DRUZHBA LLC: Creditors Must File Claims by October 5
IVANO-FRANKOVSK FURNITURE: Proofs of Claim Deadline Set Oct. 5
KMB-1 LLC: Proofs of Claim Deadline Set October 5
KREONIS LLC: Proofs of Claim Deadline Set October 5
MALVA LLC: Creditors Must File Claims by October 5
RAILROAD CAR: Proofs of Claim Deadline Set October 5
SCHUCHENETSKOE LLC: Proofs of Claim Deadline Set October 5
U N I T E D K I N G D O M
ADVANCED MARKETING: Plan Confirmation Hearing Set for Nov. 15
ADVANCED MARKETING: Court Okays Baker Taylor Settlement Pact
AFRICAN TRACKWOODS: Brings In Liquidators from Wilkins Kennedy
CABLE & WIRELESS: Unit Launches Network Operations Center
CAMBRIDGE BUILDING: Joint Liquidators Take Over Operations
COTT CORP: S&P Revises CreditWatch to Negative from Developing
COWPER LAWRENCE: Claims Filing Period Ends November 2
FIORI – LEEDS: Calls In Liquidators from Tenon Recovery
FORD MOTOR: Overall September 2007 Vehicle Sales Decline by 21%
FORK TRUCK: Bibby Factors Taps Begbies Traynor as Receivers
GENERAL MOTORS: September 2007 Deliveries Up 4%
GROUND ZERO: David Elliott Leads Liquidation Procedure
GUILDER GRAPHICS: Taps Liquidators from Smith & Williamson
INNER COMPASS: Appoints Liquidators from Tenon Recovery
INTERNATIONAL RECTIFIER: Alex Lidow Steps Down as CEO & Director
INTERNATIONAL RECTIFIER: Discloses Key Internal Initiatives
MICRON TECH: Posts US$320 Million Net Loss in Year Ended Aug. 30
MYLAN LABS: Acquires Generics Business of Merck KGaA
MYLAN LABS: Appoints Didier Barret as President of EMEA
NASDAQ STOCK: Completes Sale of 28% LSE Stake to Borse Dubai
NASDAQ STOCK: Buying Boston Stock Exchange for US$61 Million
NASH FINCH: Moody's May Cut B2 Rating After Review
QUALITY ASSURED: Names M. C. Bowker Liquidator
SMURFIT KAPPA: Fitch Affirms BB- IDR on Strong Performance
SOLO CUP: Hires Scott Advertising as Creative Agency
TIME SAVERS: Claims Filing Period Ends October 26
US ENERGY: Lenders Extend Credit to Meet Capital Deficiencies
W. A. WILLSON: Claims Filing Period Ends October 31
* BOOK REVIEW: Mergers and Acquisitions
*********
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A U S T R I A
=============
APG PROJEKTMANAGEMENT: Claims Registration Period Ends Oct. 23
--------------------------------------------------------------
Creditors owed money by LLC APG Projektmanagement (FN 247172p)
have until Oct. 23 to file written proofs of claim to court-
appointed estate administrator Christian Ebmer at:
Mag. Christian Ebmer
Schillerstr. 12
4020 Linz
Austria
Tel: 65 69 69
Fax: 65 69 69-60
E-mail: office@hep.co.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:00 a.m. on Nov. 6 for the
examination of claims.
The meeting of creditors will be held at:
The Land Court of Linz
Hall 522
Fifth Floor
Linz
Austria
Headquartered in Linz, Austria, the Debtor declared bankruptcy
on Sept. 5 (Bankr. Case No. 38 S 48/07y).
BVS LLC: Claims Registration Period Ends Oct. 24
------------------------------------------------
Creditors owed money by LLC BVS (FN 136687k) have until Oct. 24
to file written proofs of claim to court-appointed estate
administrator Eva Riess at:
Dr. Eva Riess
c/o Mag. Nikolaus Vogt
Zeltgasse 3/13
1080 Vienna
Austria
Tel: 402 57 01 33
Fax: 402 57 01 21
E-mail: law@riess.co.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:30 a.m. on Nov. 7 for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1707
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Sept. 4 (Bankr. Case No. 2 S 117/07d). Nikolaus Vogt
represents Dr. Riess in the bankruptcy proceedings.
DE MATTEIS: Claims Registration Period Ends Oct. 25
---------------------------------------------------
Creditors owed money by KEG De Matteis (FN 235832m) have until
Oct. 25 to file written proofs of claim to court-appointed
estate administrator Gerhard Stauder at:
Mag. Gerhard Stauder
c/o Dr. Georg Kahlig
Siebensterngasse 42
1070 Vienna
Austria
Tel: 523 47 91
Fax: 523 47 91 33
E-mail: kahlig.partner@aon.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:45 a.m. on Nov. 8 for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1703
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Sept. 5 (Bankr. Case No. 5 S 105/07m). Georg Kahlig
represents Mag. Stauder in the bankruptcy proceedings.
INOVAT LLC: Claims Registration Period Ends Oct. 24
---------------------------------------------------
Creditors owed money by LLC Inovat (FN 255062t) have until
Oct. 24 to file written proofs of claim to court-appointed
estate administrator Walter Kainz at:
Dr. Walter Kainz
c/o Dr. Eva Wexberg
Gusshausstrasse 23
1040 Vienna
Austria
Tel: 505 88 31
Fax: 505 94 64
E-mail: kanzlei@kainz-wexberg.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:50 a.m. on Nov. 7 for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1707
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Sept. 5 (Bankr. Case No. 2 S 118/07a). Eva Wexberg
represents Dr. Kainz in the bankruptcy proceedings.
SANLI BAU: Claims Registration Period Ends Oct. 23
--------------------------------------------------
Creditors owed money by KEG Sanli Bau- & Handels (FN 273599b)
have until Oct. 23 to file written proofs of claim to court-
appointed estate administrator Katharina Pitzal at:
Mag. Katharina Pitzal
c/o Dr. Hannelore Pitzal
Paulanergasse 9
1040 Vienna
Austria
Tel: 587 31 11
Fax: 587 87 50 50
E-mail: office@heller-pitzal.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 12:15 p.m. on Nov. 6 for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1701
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Aug. 31 (Bankr. Case No. 6 S 106/07s). Hannelore Pitzal
represents Mag. Katharina Pitzal in the bankruptcy proceedings.
TWS AUTOHANDEL: Vienna Court Orders Business Shutdown
-----------------------------------------------------
The Trade Court of Vienna entered Sept. 3 an order shutting down
the business of LLC TWS Autohandel (FN 176454t).
Court-appointed estate administrator Guenther Hoedl recommended
the business shutdown after determining that the continuing
operations would reduce the value of the estate.
The estate administrator can be reached at:
Dr. Guenther Hoedl
Schulerstrasse 18
1010 Vienna
Austria
Tel: 513 16 55
Fax: 513 16 55-33
E-mail: Hoedl@anwaltsteam.at
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Aug. 22 (Bankr. Case No 28 S 95/07k).
VASS LLC: Vienna Court Orders Business Shutdown
-----------------------------------------------
The Trade Court of Vienna entered Sept. 3 an order shutting down
the business of LLC Vass (FN 284875i).
Court-appointed estate administrator Stefan Jahns recommended
the business shutdown after determining that the continuing
operations would reduce the value of the estate.
The estate administrator can be reached at:
Mag. Stefan Jahns
Gonzagagasse 15
1010 Vienna
Austria
Tel: 532 17 11
Fax: 532 17 11 11
E-mail: kanzlei@jahns.co.at
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Aug. 22 (Bankr. Case No 28 S 96/07g).
YUSUF YIGIT: Claims Registration Period Ends Oct. 25
----------------------------------------------------
Creditors owed money by KEG Yusuf Yigit (FN 268072z) have until
Oct. 25 to file written proofs of claim to court-appointed
estate administrator Andrea Simma at:
Dr. Andrea Simma
c/o Dr. Guenther Hoedl
Schulerstrasse 18
1010 Vienna
Austria
Tel: 513 67 03
Fax: 513 67 03 33
E-mail: RA_Simma@aon.at
Creditors and other interested parties are encouraged to attend
the creditors' meeting at 9:30 a.m. on Nov. 8 for the
examination of claims.
The meeting of creditors will be held at:
The Trade Court of Vienna
Room 1703
Vienna
Austria
Headquartered in Vienna, Austria, the Debtor declared bankruptcy
on Sept. 5 (Bankr. Case No. 5 S 104/07i).
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B E L G I U M
=============
KENDLE INTERNATIONAL: Names Ken Hintze as Vice President
--------------------------------------------------------
Kendle International has appointed Ken Hintze, PhD, as Vice
President, Global Clinical Safety and Pharmacovigilance. Dr.
Hintze will lead the continued growth and development of
Kendle's global clinical safety and pharmacovigilance business,
including safety services in support of Phase I-IV trials as
well as stand- alone safety projects. Dr. Hintze most recently
was Senior Director, Global Clinical Safety and
Pharmacovigilance and has been instrumental in advancing
Kendle's safety organization to the global resource it is today.
"Patient safety remains among our highest priorities at Kendle,"
noted Melanie Bruno, PhD, Vice President, Global Regulatory
Affairs and Quality. "With increasingly complex safety
regulations worldwide, our global network of experts ensures
both regulatory compliance as well as patient health and
welfare. We are very pleased to have Dr. Hintze in this
important global role and look forward to his ongoing leadership
and expertise as we focus on meeting our customers' needs for
high-quality safety services."
With more than 100 safety experts based in nine locations
worldwide, Kendle offers a globally connected network of safety
experts experienced in working within the regulatory
requirements of any country. The company's safety organization
develops risk management plans, coordinates global
regulatory reporting -- including Suspected Unexpected Serious
Adverse Reaction reports as well as periodic reports -- and
performs endpoint adjudication utilizing a new proprietary
electronic endpoint adjudication system that increases both
speed and accuracy. The organization is proficient in the full
spectrum of safety database systems and can maintain databases
internally or within a customer's system via secure connections.
The Safety organization works closely with Kendle's Medical
Affairs group in reviewing adverse events to provide customers
with comprehensive medical monitoring and safety services.
Dr. Hintze brings nearly 30 years of safety and regulatory
experience to this position. He joined Kendle in 2002 following
23 years at Procter & Gamble in various safety roles involving
pharmaceutical and consumer products, including Section Manager,
Information Systems and Data Management and North America
Product Safety Surveillance; and Section Manager, Global
Corporate Toxicology and Consumer Health and Safety Affairs.
Dr. Hintze earned Doctorate and Master of Science degrees in
pharmacology/toxicology from the University of Iowa and a
Bachelor of Science in chemistry from Iowa State University. He
is a member of numerous medical and scientific societies,
including the Society of Toxicologists. Dr. Hintze is a widely-
published author, as well as an accomplished speaker presenting
at numerous professional conferences and symposia. He is based
in Cincinnati and reports to Dr. Bruno.
About Kendle
Based in Cincinnati, Kendle International Inc. (Nasdaq: KNDL) --
http://www.kendle.com/-- is a global clinical research
organization and provides Phase II-IV clinical development
services worldwide. The company's global clinical development
business is focused on five regions - North America, Europe,
Asia/Pacific, Africa and Latin America. In the Asia Pacific,
Kendel maintains operations in Australia, China, and India. In
Europe, Kendle maintains operations in Belgium, France, Germany,
Italy, Netherlands, Spain, and the United Kingdom.
* * *
As of July 3, 2007, the company carried Moody's B1 long-term
corporate family rating, B1 bank loan debt, and B2 probability
of default rating. Moody's said the outlook was stable.
In addition, the company also carried Standard & Poor's B+ long-
term foreign and local issuer credits. S&P said the outlook was
stable.
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F I N L A N D
=============
NVIDIA CORP: S&P Affirms BB- Corp. Rating with Stable Outlook
-------------------------------------------------------------
Standard & Poor's Ratings Services has revised its outlook on
Nvidia Corp. to positive from stable, following several quarters
of strong operating performance despite the acquisition of a key
competitor by Advanced Micro Devices Inc. The corporate credit
rating is affirmed at 'BB-'.
"The ratings reflect a narrow business profile, frequent product
introductions, and challenges to expand the company's graphics
technology to new applications," said S&P's credit analyst Lucy
Patricola. "These are offset only partially by the company's
strengthening market share and strong operating performance."
Nvidia had US$127.7 million of lease-adjusted debt outstanding
as of July 29, 2007, and no funded debt.
Nvidia competes in a small subsegment of the semiconductor
industry, designing graphics processors used in desktop and
notebook computers and handheld devices. The components are
sold to consumers, as an add-in card, to computer OEMs, or in
partnership with Intel or AMD for an integrated chipset.
Profitability is strong and improving with increased volumes.
EBITDA margin was 23% for the July quarter, up from 18%-20%.
Profitability should be sustained in the near-to-intermediate
term, based on expectations of a continued strong share in the
high performance segment.
The company's leverage is very light for the rating, with debt
to EBITDA of less than 1.
Headquartered in Santa Clara, California, NVIDIA Corp. (Nasdaq:
NVDA) -- http://www.nvidia.com/-- creates innovative, industry-
changing products for computing, consumer electronics, and
mobile devices. The NVIDIA(R) graphics processing unit and
media and communications processor brands include NVIDIA
GeForce(R), NVIDIA GoForce(R), NVIDIA Quadro(R), and NVIDIA
nForce(R). These product families are transforming visually-
rich applications such as video games, film production,
broadcasting, industrial design, space exploration, and medical
imaging. The company has offices throughout Asia, Europe, and
the Americas including Brazil, Argentina, Finland, France, U.K.,
Hong Kong, China, Japan, Russia, among others.
===========
F R A N C E
===========
BOWNE & CO: Earns $15.7 million in Second Quarter Ended June 30
---------------------------------------------------------------
Bowne & Co. Inc. reported net income of $15.7 million in the
second quarter ended June 30, 2007, compared with net income of
$6.2 million for the same period ended June 30, 2006. Income
from continuing operations increased to $15.8 million from
$10.2 million reported in the 2006 period.
Revenue was $261.9 million in the second quarter of 2007,
compared to $260.3 million in 2006. Gross margin improved to
38.2% from 36.0% in the second quarter of 2006.
Net income was $26.4 million for the six months ended June 30,
2007, compared to $7.8 million reported in the 2006 period.
Income from continuing operations increased to $25.9 million
from $11.6 million in 2006.
For the six months ended June 30, 2007, revenue was
$473.5 million, up 2% from $466.0 million reported in the first
six months of 2006. Gross margin improved to 38.5% from 35.2%
in the first half of 2006.
David J. Shea, Bowne chairman, president and chief executive
officer, stated, "We are pleased with our strong second quarter
and year-to-date performance. These results reflect our ongoing
commitment to execute on our strategic initiatives and enhance
operating efficiencies. The improvement in margins and
increased profitability are especially noteworthy, as well as
the significant growth in non-transactional revenue. Year-to-
date total revenue from continuing operations is the highest
since 2000. We are optimistic about the remainder of 2007 and
anticipate we will be in the upper end of the EPS guidance
previously provided."
John J. Walker, senior vice president and chief financial
officer, added, "Our commitment to improving operating
efficiencies and reducing our overall cost structure is
evidenced by the recent consolidation of our leased space at 55
Water Street in New York City. This action will save the
company approximately $50 million over the remaining 19-year
lease term."
Restructuring, integration and asset impairment charges totaled
$7.9 and $10.0 million for the 2007 second quarter and year-to-
date respectively, compared to $6.1 and $10.2 million in the
comparable 2006 periods. Year-to-date 2007 charges include
facility exit costs and asset impairment charges of
approximately $5.7 million related to the consolidation of the
company's leased space at 55 Water Street in New York City and
severance, integration and facility costs related to the
integration of the St Ives Financial business.
At June 30, 2007, the company's consolidated balance sheet
showed $537.5 million in total assets, $275.5 million in total
liabilities, and $262.0 million in total stockholders' equity.
Full-text copies of the company's consolidated financial
statements for the quarter ended June 30, 2007, are available
for free at http://researcharchives.com/t/s?23f1
Cash Flow
For the six months ended June 30, 2007, cash and marketable
securities declined $37.5 million from year-end 2006, reflecting
the funding of $18.7 million in stock repurchases, $12.6 million
for acquisitions, $10.9 million in capital expenditures,
including $2.9 million related to the consolidation of the 55
Water Street facility, and the normally high seasonal working
capital usage in the period.
The company has no borrowings outstanding under its $150 million
five-year senior, unsecured revolving credit facility.
Share Repurchase Program
In the 2007 second quarter, the company spent $5.7 million
repurchasing 333,980 shares of its common stock at an average
price per share of $17.20. During the six months ended June 30,
2007, the company repurchased 1.2 million shares of its common
stock for $18.7 million at an average price of $16.01. From
December 2004, the inception of the company's share repurchase
program, through June 30, 2007, Bowne has spent approximately
$164.0 million to repurchase 11.0 million shares at an average
price per share of $14.89. As of Aug. 8, 2007, $29 million of
its share repurchase authorization remained.
About Bowne & Co. Inc.
Headquartered in New York City, Bowne & Co. Inc. (NYSE: BNE)
-- http://www.bowne.com/-- provides financial, marketing and
business communications services around the world. Bowne has
3,200 employees in 60 offices around the globe, including
France, Germany, Italy, Hongkong, Singapore, Japan, Argentina,
Brazil and Mexico.
* * *
Bowne & Co. Inc. still carries Moody's 'Ba3' corporate family
rating which was affirmed last January 2007. The outlook
remains positive.
DELPHI CORP: U.S. Trustee Adds SABIC to Creditors Committee
-----------------------------------------------------------
Diana G. Adams, the U.S. Trustee for Region 2, has appointed
SABIC Innovative Plastics as a member of the Official Committee
of Unsecured Creditors of Delphi Corp. and its debtor-
affiliates. Electronic Data Systems Corp. and General Electric
Company are no longer Committee members.
The Creditors Committee now consists of:
1. SABIC Innovative Plastics
9930 Kincey Avenue
Huntersville, North Carolina
Attention: Valerie Venable
Tel: (704) 992-5075
2. Tyco Electronics Corporation
60 Columbia Road
Morristown, New Jersey
Attention: MaryAnn Brereton
Tel: (973) 656-8365
3. IUE-CWA
2360 W. Dorothy Lane, Suite 201
Dayton, Ohio
Attention: Lauren Aspland
Tel: (937) 294-7813
4. Capital Research and Management Company
11100 Santa Monica Blvd., 15th Floor
Los Angeles, California
Attention: Michelle Robson
Tel: (310) 996-6140
5. Wilmington Trust Company, as Indenture Trustee
Rodney Square North, 1100 North Market Street
Wilmington, Delaware
Attention: Steven M. Cimalore
Tel: (302) 636-6058
6. Freescale Semiconductor, Inc.
6501 William Cannon Drive West, MD: OE16
Austin, Texas
Attention: Richard Lee Chambers, III
Tel: (512) 895-6357
About Delphi
Headquartered in Troy, Mich., Delphi Corporation (OTC: DPHIQ) --
http://www.delphi.com/-- is the single supplier of vehicle
electronics, transportation components, integrated systems and
modules, and other electronic technology. The company's
technology and products are present in more than 75 million
vehicles on the road worldwide. Delphi has regional
headquarters in Japan, Brazil and France.
The company filed for chapter 11 protection on Oct. 8, 2005
(Bankr. S.D.N.Y. Lead Case No. 05-44481). John Wm. Butler Jr.,
Esq., John K. Lyons, Esq., and Ron E. Meisler, Esq., at Skadden,
Arps, Slate, Meagher & Flom LLP, represent the Debtors in their
restructuring efforts. Robert J. Rosenberg, Esq., Mitchell A.
Seider, Esq., and Mark A. Broude, Esq., at Latham & Watkins LLP,
represents the Official Committee of Unsecured Creditors. As of
Mar. 31, 2007, the Debtors' balance sheet showed $11,446,000,000
in total assets and $23,851,000,000 in total debts.
The Debtors' exclusive plan-filing period expires on Dec. 31,
2007. On Sept. 6, 2007, the Debtors filed their Chapter 11 Plan
of Reorganization and a Disclosure Statement explaining that
Plan.
(Delphi Bankruptcy News, Issue No. 87 Bankruptcy Creditors'
Service Inc., http://bankrupt.com/newsstand/or 215/945-7000).
SOLECTRON CORP: Flextronics Deal Cues Fitch to Withdraw Ratings
---------------------------------------------------------------
Fitch Ratings has upgraded and withdrawn these Solectron
Corporation ratings following its acquisition by Flextronics
International Ltd. (Flextronics; rated 'BB+'):
-- Issuer Default Rating to 'BB+' from 'BB-';
-- Senior unsecured debt to 'BB+' from 'BB-';
-- Subordinated debt to 'BB-' from 'B+'.
The rating action resolves Solectron's Rating Watch Positive
status.
Fitch has withdrawn all of the ratings for Solectron, including
its senior secured bank facility rating which was previously
affirmed at 'BB+', based on the expectation that Flextronics
will redeem all outstanding obligations of Solectron following
the close of its acquisition which occurred on Oct. 1, 2007.
The final ratings for Solectron reflect the equivalent ratings
for Flextronics.
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G E R M A N Y
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ALLEXPORT HANDELSGESELLSCHAFT: Creditors' Claims Due November 1
---------------------------------------------------------------
Creditors of Allexport Handelsgesellschaft mbH have until Nov. 1
to register their claims with court-appointed insolvency manager
Walter Broehan.
Creditors and other interested parties are encouraged to attend
the meeting at 10:25 a.m. on Nov. 22, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Luebeck
Hall 256
Am Burgfeld 7
23568 Luebeck
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Walter Broehan
Muehlenstr. 56
23552 Luebeck
Germany
The District Court of Leubeck opened bankruptcy proceedings
against Allexport Handelsgesellschaft mbH on Sept. 19.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Allexport Handelsgesellschaft mbH
Attn: Hans-Joachim Mierau, Manager
Sophienstr. 5
23560 Luebeck
Germany
AQWA GMBH: Claims Registration Ends October 16
----------------------------------------------
Creditors of AqWa GmbH KompetenzCentrum Trinkwasserhygiene have
until Oct. 16 to register their claims with court-appointed
insolvency manager Dr. Stephan Schlegel.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Nov. 20, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Darmstadt
Hall 4.312
Fourth Floor
Building D
Mathildenplatz 15
64283 Darmstadt
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Dr. Stephan Schlegel
Hauptstrasse 336
65760 Eschborn
Germany
Tel: 06173/9394-0
Fax: 06173/9394-20
The District Court of Darmstadt opened bankruptcy proceedings
against AqWa GmbH KompetenzCentrum Trinkwasserhygiene on
Sept. 25. Consequently, all pending proceedings against the
company have been automatically stayed.
The Debtor can be reached at:
AqWa GmbH KompetenzCentrum Trinkwasserhygiene
Schulstrasse 22 A
64859 Eppertshausen
Germany
BACHL CARAVAN: Claims Registration Period Ends Nov. 2
-----------------------------------------------------
Creditors of Bachl Caravan-Vertriebs GmbH have until Nov. 2 to
register their claims with court-appointed insolvency manager
Bruno M. Kuebler.
Creditors and other interested parties are encouraged to attend
the meeting at 3:00 p.m. on Dec. 17, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Fuerth
Room 216
II Dienstgebaude
Baumenstrasse 28
Fuerth
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Dr. Bruno M. Kuebler
Laufertorgraben 4
90489 Nuremberg
Germany
Tel: 0911/5694480
Fax: 0911/5694489
The District Court of Fuerth opened bankruptcy proceedings
against Bachl Caravan-Vertriebs GmbH on Sept. 19. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
Bachl Caravan-Vertriebs GmbH
Stadelner Hauptstr. 140
90765 Fuerth
Germany
BADERSTUDIO ZINGST: Claims Registration Ends October 29
-------------------------------------------------------
Creditors of Baderstudio Zingst Vertriebs-GmbH have until
Oct. 29 to register their claims with court-appointed insolvency
manager Nild Eggers.
Creditors and other interested parties are encouraged to attend
the meeting at 11:00 a.m. on Nov. 28, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Stralsund
Hall A 421
Fourth Floor
House A
Frankendamm 17
Stralsund
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Nild Eggers
Lange Strasse 50
18311 Ribnitz-Damgarten
Germany
The District Court of Stralsund opened bankruptcy proceedings
against Baderstudio Zingst Vertriebs-GmbH on Sept. 21.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Baderstudio Zingst Vertriebs-GmbH
Attn: Ina Lachelt, Manager
Boddenweg 8
18374 Zingst
Germany
BETEILIGUNGSGESELLSCHAFT PAUL: Claims Registration Ends Nov. 1
--------------------------------------------------------------
Creditors of Beteiligungsgesellschaft Paul Koerner mbH have
until Nov. 1 to register their claims with court-appointed
insolvency manager Walter Broehan.
Creditors and other interested parties are encouraged to attend
the meeting at 10:15 a.m. on Nov. 22, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Luebeck
Hall E3
Burgfeld 7
23568 Luebeck
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Walter Broehan
Muehlenstr. 56
23552 Luebeck
Germany
The District Court of Luebeck opened bankruptcy proceedings
against Beteiligungsgesellschaft Paul Koerner mbH on Sept. 17.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Beteiligungsgesellschaft Paul Koerner mbH
Attn: Philip Harland, Manager
Halert Ort 7-11
23568 Luebeck
Germany
CC PERION: Creditors Must File Claims by November 1
---------------------------------------------------
Creditors of CC Perion GmbH have until Nov. 1 to register their
claims with court-appointed insolvency manager Jochen Wagner.
Creditors and other interested parties are encouraged to attend
the meeting at 9:35 a.m. on Dec. 13, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Ingolstadt
Meeting Hall 28 I
Schrannenstr. 3
85049 Ingolstadt
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Jochen Wagner
Goldknopfgasse 2
85049 Ingolstadt
Germany
The District Court of Ingolstadt opened bankruptcy proceedings
against CC Perion GmbH on Sept. 19. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
CC Perion GmbH
Am Eichelanger 6
85053 Ingolstadt
Germany
Attn: Klaus Nuerck, Manager
Australias 74
85100 Rhodos
Germany
CHRYSLER LLC: September 2007 U.S. Sales Down 5%
-----------------------------------------------
Chrysler LLC reported U.S. sales for September 2007 of 159,799
units; down 5% compared to September 2006 with 168,888 units
sold. All sales figures are reported as unadjusted.
“With the overall industry down versus September 2006, Chrysler
retail sales remain strong,” Darryl Jackson, Vice President –
U.S. Sales, said. “Our fleet sales continue to trend down more
than 20 percent driving the overall sales decrease for the
month. This is directly in line with our plan to reduce daily
rental fleet during the second half of the year.”
Chrysler brand car sales were led by Sebring Sedan which posted
sales of 4,418 units and Sebring Convertible which finished the
month with sales of 1,639 units. Chrysler Aspen sales rose 8
percent versus August 2007 with 3,875 units.
Jeep(R) brand sales were down 11% year-over-year with retail
sales up and fleet down driven by planned fleet reductions,
while Wrangler posted gains. Jeep Wrangler and Wrangler
Unlimited posted sales of 8,605 units, up 71% versus September
2006.
Dodge brand sales increased 5% over last year led by Dodge Ram
which posted a gain of 20%. The all-new Dodge Nitro was up 2%
over August 2007.
“Our sell down on 2007 models is going very well and in October
we will continue to offer aggressive lease and retail payments
for our customers,” Michael Keegan, Vice President – Volume
Planning and Sales Operations said. “We will extend the 0% APR
offering for 60 months on more 2007 models through the end of
the month.”
Chrysler finished the month with 450,733 units of inventory, or
a 71-day supply. Inventory is down by 15% compared to September
2006 when it was at 533,220 units.
About Chrysler LLC
Headquartered in Auburn Hills, Michigan, Chrysler LLC --
http://www.chrysler.com/-- offers cars and minivans, pick-up
trucks, sport utility vehicles, and vans under the Chrysler,
Jeep, and Dodge brand names. It also sells parts and
accessories under the MOPAR brand.
The company has dealers worldwide, including Canada, Mexico,
U.S., Germany, France, U.K., Argentina, Brazil, Venezuela,
China, Japan and Australia.
* * *
As reported in the Troubled Company Reporter-Europe on Oct. 2,
2007, Standard & Poor's Ratings Services placed its corporate
credit ratings on Chrysler LLC and DaimlerChrysler Financial
Services Americas LLC on CreditWatch with positive implications.
As reported in the Troubled Company Reporter on Aug. 8, 2007,
Standard & Poor's Ratings Services revised its loan and recovery
ratings on Chrysler LLC's (B/Negative/--) $10 billion senior
secured first-lien term loan facility due 2013, following
various changes to terms and conditions prior to closing. The
$10 billion first-lien term loan now consists of a $5 billion
"first-out" tranche and a $5 billion "second-out" tranche, so
the aggregate amount of first-lien debt remains unchanged.
Accordingly, S&P assigned a 'BB-' rating to the $5 billion
"first-out" first-lien term loan tranche. This rating, two
notches above the corporate credit rating of 'B' on Chrysler
LLC, and the '1' recovery rating indicate S&P's expectation for
very high recovery in the event of payment default. S&P also
assigned a 'B' rating to the $5 billion "second-out" first-lien
term loan tranche. This rating, the same as the corporate
credit rating, and the '3' recovery rating indicate S&P's
expectation for a meaningful recovery in the event of payment
default.
As previously reported, Moody's Investors Service has affirmed
Chrysler Automotive LLC's B3 Corporate Family Rating, and the
Caa1 rating of the company's $2 billion senior secured, second
lien term loan in connection with Monday's closing of
DaimlerChrysler AG's sale of a majority interest of Chrysler
Group to Cerberus Capital Management LLC.
DAN WITT: Claims Registration Period Ends November 14
-----------------------------------------------------
Creditors of DAN WITT Prasentationstechnik GmbH have until
Nov. 14 to register their claims with court-appointed insolvency
manager Ralph Schmid.
Creditors and other interested parties are encouraged to attend
the meeting at 8:45 a.m. on Dec. 4, at which time the insolvency
manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court Muenster
Meeting Hall 101 B
Gerichtsstr. 2-6
48149 Muenster
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Ralph Schmid
Duelmener Str. 92
48653 Coesfeld
Germany
Tel: 02541/915-01
Fax: 02541-915600
The District Court of Muenster opened bankruptcy proceedings
against DAN WITT Prasentationstechnik GmbH on Sept. 20.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
DAN WITT Prasentationstechnik GmbH
Ruebenkamp 4
59399 Olfen
Germany
Bettina Daniel, Manager
Horn-Westerwinkel 16
59387 Ascheberg
Germany
DITMAR SEBECZEK: Claims Registration Ends October 29
----------------------------------------------------
Creditors of Ditmar Sebeczek Gesellschaft fuer angewandte
Informatik und Bauwesen mbH have until Oct. 29 to register their
claims with court-appointed insolvency manager Klaus Regeling.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Nov. 19, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Bonn
Meeting Hall S 2.18
Second Floor
Wilhelmstr. 23
53111 Bonn
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Klaus Regeling
Godesberger Allee 125-127
53175 Bonn
Germany
Tel: 0228/81000-56
Fax: 0228/81000820
The District Court of Bonn opened bankruptcy proceedings against
Ditmar Sebeczek Gesellschaft fuer angewandte Informatik und
Bauwesen mbH on Sept. 18. Consequently, all pending proceedings
against the company have been automatically stayed.
The Debtor can be reached at:
Ditmar Sebeczek Gesellschaft fuer angewandte
Informatik und Bauwesen mbH
Attn: Ditmar Sebeczek, Manager
Rehefeld 40
53757 Sankt Augustin
Germany
DURA AUTOMOTIVE: Gets Court Nod to Submit Plan to Creditors
-----------------------------------------------------------
The U.S. Bankruptcy Court for the District of Delaware has
approved DURA Automotive Systems Inc.'s Disclosure Statement,
solicitation procedures and creditor ballots. In a hearing that
took place yesterday, Oct. 3, 2007, the U.S. Bankruptcy Court
for the District of Delaware determined that DURA's Disclosure
Statement contains the necessary information to enable creditors
to vote on DURA's Plan of Reorganization.
In addition, the Official Committee of Unsecured Creditors
supports confirmation of DURA's Plan and has filed a statement
urging creditors to vote to accept the Plan.
"This favorable Court decision and support from the Committee
for
our plan to reorganize the Company, paves the way for DURA to
exit Chapter 11 this year as planned," said Larry Denton,
Chairman and Chief Executive Officer of Dura Automotive Systems.
"We are looking forward to completing the legal process and
focusing all of our resources on innovation and execution of our
financial and operational strategy to aggressively compete and
grow in the global automotive marketplace."
The Plan and Disclosure Statement provide details on how DURA
intends to treat claims against the Company and emerge from
Chapter 11 protection in the fourth quarter of 2007. The
Court's approval of the Disclosure Statement enables DURA to
begin sending its Plan of Reorganization and Disclosure
Statement to creditors to obtain their vote on the Plan. The
ruling allows DURA's balloting agent to soon begin distribution
of ballots and accompanying support materials to parties
eligible to vote to accept or reject the Plan.
The Court also set Nov. 26, 2007, as the hearing date for Plan
confirmation. Once the Plan is confirmed and administrative
procedures are completed, DURA will officially emerge from
Chapter 11.
DURA was advised by AlixPartners, Kirkland & Ellis and Miller
Buckfire in connection with its Chapter 11 reorganization.
About DURA Automotive
Rochester Hills, Mich.-based DURA Automotive Systems Inc.
(Nasdaq: DRRA) -- http://www.DURAauto.com/-- is an independent
designer and manufacturer of driver control systems, seating
control systems, glass systems, engineered assemblies,
structural door modules and exterior trim systems for the global
automotive industry. The company is also a supplier of similar
products to the recreation vehicle and specialty vehicle
industries. DURA sells its automotive products to North
American, Japanese and European original equipment manufacturers
and other automotive suppliers.
The company has three locations in Asia -- China, Japan
and Korea. It has locations in Europe and Latin-America,
particularly in Mexico, Germany and the United Kingdom.
The Debtors filed for chapter 11 petition on Oct. 30, 2006
(Bankr. D. Del. Case No. 06-11202). Richard M. Cieri, Esq.,
Marc Kieselstein, Esq., Roger James Higgins, Esq., and Ryan
Blaine Bennett, Esq., of Kirkland & Ellis LLP are lead counsel
for the Debtors' bankruptcy proceedings. Mark D. Collins, Esq.,
Daniel J. DeFranseschi, Esq., and Jason M. Madron, Esq., of
Richards Layton & Finger, P.A. Attorneys are the Debtors' co-
counsel. Baker & McKenzie acts as the Debtors' special counsel.
Togut, Segal & Segal LLP is the Debtors' conflicts counsel.
Miller Buckfire & Co., LLC is the Debtors' investment banker.
Glass & Associates Inc., gives financial advice to the Debtor.
Kurtzman Carson Consultants LLC handles the notice, claims and
balloting for the Debtors and Brunswick Group LLC acts as their
Corporate Communications Consultants for the Debtors. As of
July 2, 2006, the Debtor had $1,993,178,000 in total assets and
$1,730,758,000 in total liabilities.
The Debtors' exclusive plan-filing period expired on Sept. 30,
2007. (Dura Automotive Bankruptcy News, Issue No. 31
Bankruptcy Creditors' Service Inc.,
http://bankrupt.com/newsstand/or 215/945-7000).
EHK BETEILIGUNGS: Claims Registration Ends Oct. 17
--------------------------------------------------
Creditors of EHK Beteiligungs GmbH have until Oct. 17 to
register their claims with court-appointed insolvency manager
Rolf Rattunde.
Creditors and other interested parties are encouraged to attend
the meeting at 10:30 a.m. on Nov. 7, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Hagen
Hall 259
Second Floor
Heinitzstrasse 42/44
58097 Hagen
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Rolf Rattunde
Neumarktstr. 2c
58095 Hagen
Germany
The District Court of Hagen opened bankruptcy proceedings
against EHK Beteiligungs GmbH on Sept. 24. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
EHK Beteiligungs GmbH
Ihnestr. 5
58540 Meinerzhagen
Germany
FERIENDORF AM VATTERODER: Claims Registration Ends Nov. 1
---------------------------------------------------------
Creditors of Feriendorf am Vatteroder Teich GmbH have until
Nov. 1 to register their claims with court-appointed insolvency
manager Stephan Poppe.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Nov. 29, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Halle-Saalkreis
Hall 1.043
Judicial Center
Thueringer Str. 16
06112 Halle
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Stephan Poppe
Emil-Eichhorn-Str. 1
06114 Halle
Germany
Tel: 0345/530490
Fax: 0345/5304926
The District Court of Halle-Saalkreis opened bankruptcy
proceedings against Feriendorf am Vatteroder Teich GmbH on
Aug. 31. Consequently, all pending proceedings against the
company have been automatically stayed.
The Debtor can be reached at:
Feriendorf am Vatteroder Teich GmbH
Teich 11
06343 Vatterode
Germany
GERVES BAUTRAGER: Claims Registration Ends October 29
-----------------------------------------------------
Creditors of Gerves Bautrager- und Baubetreuungsgesellschaft mbH
have until Oct. 29 to register their claims with court-appointed
insolvency manager Dr. Jan Markus Plathner.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Nov. 29, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Giessen
Hall 405
Fourth Floor
Building B
Gutfleischstrasse 1
35390 Giessen
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Dr. Jan Markus Plathner
c/o Rae Brinkmann und Kollegen
Lyoner Strasse 14
60528 Frankfurt/Main
Germany
Tel: 069/9623340
Fax: 069/96233422
The District Court of Giessen opened bankruptcy proceedings
against Gerves Bautrager- und Baubetreuungsgesellschaft mbH on
Sept. 21. Consequently, all pending proceedings against the
company have been automatically stayed.
The Debtor can be reached at:
Gerves Bautrager- und Baubetreuungsgesellschaft mbH
Friedrichstrasse 30
35469 Allendorf/Lda.
Germany
Attn: Hans-Juergen Schomber, Manager
Loehrbachsgraben 26
35469 Allendorf/Lda.
Germany
GM-ABBRUCH: Claims Registration Ends Oct. 18
--------------------------------------------
Creditors of GM-Abbruch GmbH have until Oct. 18 to register
their claims with court-appointed insolvency manager Klaus
Loeffler.
Creditors and other interested parties are encouraged to attend
the meeting at 9:15 a.m. on Dec. 12, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Ludwigshafen am Rhein
Meeting Hall 13
Wittelsbachstr. 10
67061 Ludwigshafen am Rhein
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Klaus Loeffler
Welschgasse 3
D 67227 Frankenthal
Germany
The District Court of Ludwigshafen am Rhein opened bankruptcy
proceedings against GM-Abbruch GmbH on Sept. 17. Consequently,
all pending proceedings against the company have been
automatically stayed.
The Debtor can be reached at:
GM-Abbruch GmbH
Mohrengasschen 2
67227 Frankenthal
Germany
HERFEI SPIELTREFF: Claims Registration Period Ends Nov. 16
----------------------------------------------------------
Creditors of HERFEI Spieltreff 2 GmbH have until Nov. 16 to
register their claims with court-appointed insolvency manager
Jan H. Wilhelm.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Dec. 7, at which time the insolvency
manager will present his first report on the insolvency
proceedings.
The meeting of creditors will be held at:
The District Court of Syke
Hall 112
Hauptstr. 5A
28857 Syke
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Jan H. Wilhelm
Markt 1
28195 Bremen
Germany
Tel: 0421/178765
Fax: 0421/1787665
The District Court of Syke opened bankruptcy proceedings against
HERFEI Spieltreff 2 GmbH on Sept. 18. Consequently, all pending
proceedings against the company have been automatically stayed.
The Debtor can be reached at:
HERFEI Spieltreff 2 GmbH
Lange Str. 1 a
27211 Bassum
Germany
Attn: Gustav Goerke, Manager
Freistr. 8
27243 Harpstedt
Germany
PARKLAND GMBH: Claims Registration Period Ends Nov. 16
------------------------------------------------------
Creditors of Parkland GmbH Bautzen have until Nov. 16 to
register their claims with court-appointed insolvency manager
Rainer M. Bahr.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Dec. 14, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Dresden
Hall D131
Olbrichtplatz 1
01099 Dresden
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Rainer M. Bahr
Obergraben 10
01097 Dresden
Germany
The District Court of Dresden opened bankruptcy proceedings
against Parkland GmbH Bautzen on Sept. 21. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Parkland GmbH Bautzen
Attn: Peter Fleischer, Manager
Singwitzer Weg 2
02692 Preuschwitz
Germany
PLANBAU GMBH: Claims Registration Period Ends Nov. 16
-----------------------------------------------------
Creditors of PlanBau GmbH Schlierbach have until Nov. 16 to
register their claims with court-appointed insolvency manager
Frank Raff.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Dec. 11, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Goeppingen
Hall 0.24
Ground Floor
Pfarrstrasse 25
73033 Goeppingen
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Frank Raff
Heilbronner Str. 86
70191 Stuttgart
Germany
Tel: 0711/259729-0
Fax: 0711/259729-999
The District Court of Goeppingen opened bankruptcy proceedings
against PlanBau GmbH Schlierbach on Sept. 20. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
PlanBau GmbH Schlierbach
Attn: Carmen Grois, Manager
Gartenstr. 9
73728 Schlierbach
Germany
RESTAURANT BRUENGER: Creditors Must File Claims by October 30
-------------------------------------------------------------
Creditors of Restaurant Bruenger in der Woerde GmbH have until
Oct. 30 to register their claims with court-appointed insolvency
manager Restaurant Bruenger in der Woerde GmbH.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Nov. 21, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Bielefeld
Hall 4065
Fourth Floor
Gerichtstrasse 66
33602 Bielefeld
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Hans-Achim Ernst
Bunsenstr. 3
32052 Herford
Germany
The District Court of Bielefeld opened bankruptcy proceedings
against Restaurant Bruenger in der Woerde GmbH on Sept. 7.
Consequently, all pending proceedings against the company have
been automatically stayed.
The Debtor can be reached at:
Restaurant Bruenger in der Woerde GmbH
Herforder Str. 14
32130 Enger
Germany
RUDOLF MATZKE: Claims Registration Ends Oct. 15
-----------------------------------------------
Creditors of Rudolf Matzke GmbH Beton- und Kunststeinwerk i.L.
have until Oct. 15 to register their claims with court-appointed
insolvency manager Christoph Wagner.
Creditors and other interested parties are encouraged to attend
the meeting at 10:00 a.m. on Nov. 13, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Wuerzburg
Meeting Hall 2
Second Stock
Virchowstr. 14
Wuerzburg
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Christoph Wagner
Waltherstr. 9
97074 Wuerzburg
Germany
Tel. 0931/30408790
The District Court of Wuerzburg opened bankruptcy proceedings
against Rudolf Matzke GmbH Beton- und Kunststeinwerk i.L. on
Sept. 24. Consequently, all pending proceedings against the
company have been automatically stayed.
The Debtor can be reached at:
Rudolf Matzke GmbH Beton- und Kunststeinwerk i.L.
Rothoferstr. 17 a
97228 Rottendorf
Germany
SCHIEDER-MOEBELWORK: Berggruen Buys Large Chunk of Assets
---------------------------------------------------------
Schieder Moebel Holding GmbH is set to sell two subsidiaries,
Austria-based Schieder Europa Holding and Liechtenstein-based
Internationale Moebel Selection, and several Polish factories to
Berggruen Holdings for an undisclosed amount, Frankfurter
Allgemeine Zeitung says in a report carried by the Financial
Times.
According to the report, the deal is expected to close in mid-
November and will save 3,600 jobs at the bankrupt furniture
maker.
The German daily suggests that US-German investor and art
collector Nicolas Berggruen is estimated to pay a high double-
digit figure in millions of euros for the subsidiaries, which
have reportedly registered profits for the last few years.
About Schieder Moebel
Headquartered in Herford, Germany, Schieder Moebel Holding GmbH
-- http://www.schieder.com/-- was one of the leading furniture
designers and manufacturers in Europe. The company has 41
production plants and employs 11,000 people worldwide, 9,000 of
which are in Poland. It had turnover of EUR950 million in the
financial year 2005/06.
Schieder applied for insolvency proceedings at the District
Court of Detmold on June 22, 2007, after incurring debts of
nearly EUR300 million due to high capital costs.
WILFRIED FROHBERG: Claims Registration Period Ends Nov. 1
---------------------------------------------------------
Creditors of Wilfried Frohberg Sanitar und Heizung GmbH Potsdam
have until Nov. 1 to register their claims with court-appointed
insolvency manager Bert Buske.
Creditors and other interested parties are encouraged to attend
the meeting at 9:00 a.m. on Dec. 12, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Potsdam
Hall 301
Third Floor
Nebenstelle Lindenstrasse 6
14467 Potsdam
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Bert Buske
Alt Nowawes 67
14482 Potsdam
Germany
The District Court of Potsdam opened bankruptcy proceedings
against Wilfried Frohberg Sanitar und Heizung GmbH Potsdam on
Sept. 13. Consequently, all pending proceedings against the
company have been automatically stayed.
The Debtor can be reached at:
Wilfried Frohberg Sanitar und Heizung GmbH Potsdam
Attn: Uwe Franzke, Manager
Kanal 9
14469 Potsdam
Germany
ZUELPICHER REISEBUERO: Claims Registration Ends October 26
----------------------------------------------------------
Creditors of Zuelpicher Reisebuero GmbH have until Oct. 26 to
register their claims with court-appointed insolvency manager
Dirk-Henning Toennesmann.
Creditors and other interested parties are encouraged to attend
the meeting at 9:50 a.m. on Nov. 23, at which time the
insolvency manager will present his first report on the
insolvency proceedings.
The meeting of creditors will be held at:
The District Court of Bonn
Meeting Hall W 1.26
First Floor
Wilhelmstr. 23
53111 Bonn
Germany
The Court will also verify the claims set out in the insolvency
manager's report during this meeting, while creditors may
constitute a creditors' committee or opt to appoint a new
insolvency manager.
The insolvency manager can be reached at:
Dirk-Henning Toennesmann
Josef-Ruhr-Str. 30
53879 Euskirchen
Germany
Tel: 02251/65081-22
Fax: 02251/65081-25
The District Court of Bonn opened bankruptcy proceedings against
Zuelpicher Reisebuero GmbH on Sept. 18. Consequently, all
pending proceedings against the company have been automatically
stayed.
The Debtor can be reached at:
Zuelpicher Reisebuero GmbH
Attn: Hans Joachim Moehrke and Felix von
Gymnich Graf Beissel, Managers
Koelnstr. 54
53909 Zuelpich
Germany
=============
I R E L A N D
=============
FREESTAR TECHNOLOGY: Auditor Raises Going Concern Doubt
-------------------------------------------------------
New York-based RBSM LLP raised substantial doubt about FreeStar
Technology Corp.'s ability to continue as a going concern after
auditing the company's financial statements for the year ended
June 30, 2007. The auditor said the company is experiencing
difficulty in generating sufficient cash flow to meet its
obligations and sustain its operations.
Name Change
On July 10, 2007, FreeStar Technology's board of directors
approved a proposed amendment to the company's Articles of
Incorporation to change its name to Rahaxi, Inc. The board has
recommended that the company shareholders adopt the name change
amendment. It also directed the company to take appropriate
action to obtain shareholder approval of the name change
amendment.
"Though our Finnish subsidiary, Rahaxi Processing Oy, we believe
that 'Rahaxi' has a valuable, established brand name in our core
markets in the Scandanavian region. We believe that in this
region, Rahaxi conveys quality, innovation and reliability to
our customers," Freestar Technology President and CEO Paul Egan
said.
"We believe that the Rahaxi brand is a valuable asset, and that
by changing FreeStar\u2019s name to Rahaxi, we can maximize the
goodwill associated with Rahaxi and uniformly brand our products
in our other markets," Mr. Egan added.
Financials
For the year ended June 30, 2007, the company reported a
$16,305,197 net loss on $3,780,335 of total revenues, as
compared with a $13,999,773 net loss on $2,097,749 of total
revenues for the year ended June 30, 2006.
At June 30, 2007, FreeStar Technology's balance sheet showed
$8,617,035 in total assets, $2,949,518 in total liabilities,
$184,008 in minority interest, and $5,667,517 in total
stockholders' equity.
The company's balance sheet at June 30, 2007, showed strained
liquidity with $2,466,845 in total current assets available to
pay $2,765,510 in total current liabilities.
Acquisition of Project Life Cycle Partners
On Nov. 21, 2006, the company has acquired 50% of the
outstanding capital stock of Project Life Cycle Partners, Ltd.,
a technology-consulting firm located in Dublin, Ireland. PLC
Partners is a niche project consulting firm specializing in the
management and implementation of information systems projects.
PLC Partners has international experience within the financial
services sector.
Total consideration for the transaction was $1,000,000,
consisting of $200,000 cash and 2,222,222 shares of the
company's common stock, valued at $0.36 per share based upon a
30-day average closing price per share. The company also assumed
50%, or approximately $132,000, of PLC's liabilities at the date
of acquisition. The company may be required to issue additional
shares, capped at a maximum of an additional 50%, if, on the
one-year anniversary of the acquisition, the 30-day average
closing price per share of the company's stock is less than
$0.36.
A full-text copy of the company's annual report is available for
free at http://ResearchArchives.com/t/s?23f5
FreeStar Technology Corp. (OTCBB: FSRT) --
http://www.freestartech.com/and http://www.rahaxi.com/--
provides electronic payment processing services, including
credit and debit card transaction processing, point-of-sale
related software applications and other value-added services.
The company, which was incorporated in Nevada, has principal
offices in Dublin, Ireland. The company also has offices in
Helsinki, Finland; Stockholm, Sweden; Geneva, Switzerland; and
Santo Domingo, the Dominican Republic.
=========
I T A L Y
=========
ALITALIA SPA: Aeroflot Denies Possible Rebid for Italy's Stake
--------------------------------------------------------------
OAO Aeroflot will not relaunch its bid to acquire the Italian
government's 49.9% stake in Alitalia S.p.A., Business News
Europe reports citing general manager Lev Koshlyakov.
Mr. Koshlyakov was reacting to a La Republica report that quoted
him as saying that Russian carrier may offer more than US$1
billion for Alitalia.
"We're interested at a strategic level, not at a financial
level," Mr. Koshlyakov was quoted by La Republica as saying.
"If Aeroflot were to buy Alitalia it would replace a big chunk
of its management with more prepared staff."
As reported in the TCR-Europe on Oct. 2, 2007, Aeroflot said it
would relaunch its bid to acquire Italy's stake in Alitalia if
the sale conditions are favorable.
"We would be interested to at least see the conditions, and then
make a decision on whether it is interesting or not," Valery
Okulov, Aeroflot chief executive, was quoted by Bloomberg News
as saying.
As reported in the TCR-Europe on June 29, 2007, the consortium
of Aeroflot and Unicredito Italiano S.p.A. withdrew its bid for
Alitalia after it and its advisors were not allowed access to
"critical information with respect to the commercial and
operational aspects of Alitalia’s business to confidently
formulate a well supported business proposal to successfully
restructure the Italian carrier."
About Alitalia
Headquartered in Rome, Italy, Alitalia S.p.A. --
http://www.alitalia.it/ -- provides air travel services for
passengers and air transport of cargo on national, international
and inter-continental routes. The Italian government owns 49.9%
of Alitalia. The company has operations in Argentina.
Despite a EUR1.4 billion state-backed restructuring in 1997,
Alitalia posted net losses of EUR256 million and EUR907 million
in 2000 and 2001 respectively. Alitalia posted EUR93 million in
net profits in 2002 after a EUR1.4 billion capital injection.
The carrier booked annual net losses of EUR520 million in 2003,
EUR813 million in 2004, EUR168 million in 2005, and
EUR625.6 million in 2006.
DANA CORP: Appaloosa Re-Affirms Investment Bid; Sends Final Deal
----------------------------------------------------------------
Appaloosa Management, L.P., on Sept. 21, 2007, re-affirmed its
investment offer, to replace the investment offer of
Centerbridge Capital Partners, L.P., and delivered to Dana Corp.
and its debtor-affiliates the Official Committee of Unsecured
Creditors a final investment proposal letter.
James Bolin, a partner at Appaloosa, stated, in the September 21
Letter, that Appaloosa's Investment Offer is substantially
similar to Centerbridge's Proposal, with certain material
improvements and modifications,.
The improvements and modifications are:
(a) Appaloosa proposes to eliminate and waive the break-up fee
described in the Centerbridge Proposal.
(b) Appaloosa will enhance the conversion price from 0.83
times Distributable Market Equity Value Per Share to 0.90
times Distributable Market Equity Value Per Share.
(c) In lieu of the limited Rule 144A offering contemplated by
the Centerbridge Proposal, the right to purchase the
Series B Preferred at par will be offered to all holders
of allowed unsecured claims on a pro rata basis. Any
shares of Series B Preferred not purchased in the Series B
Rights Offering will be purchased at par by Appaloosa and
certain other entities, who will receive a guaranteed
minimum of 40% of the Series B Preferred and a commitment
fee of $10,000,000 as consideration for their agreement to
perform the foregoing Standby Purchaser obligations.
(d) Appaloosa proposes to eliminate the ceiling/floor "collar"
mechanism contained in the Centerbridge Proposal.
(e) Most of Appaloosa's approval rights will be subject to
being over-ridden by a 2/3 vote of common shareholders
with the exception of certain specified protective
approval rights, which are not subject to over-ride. The
approval rights not subject to over-ride relate to:
-- issuance of securities that are senior to or on
parity with the Series A Preferred;
-- amendments to the Company's by-laws that materially
change the rights of members of the Investor Group
or Qualified Purchaser Transferees or the Company's
shareholders generally, or to the Charter or
Articles if the amendment would adversely impact
Appaloosa's rights or investment; and
-- other than the annual 4.0% dividends on the Series B
Preferred, declaration and payment of dividends on
stock that ranks junior to or on parity with the
Series A Preferred.
(f) Appaloosa will select three members of the Board of
Directors, and the Creditors Committee will select the
other three. One director will be the chief executive
officer, one director will be the new Executive Chairman,
one director will be selected by the Standby Purchasers
other than Appaloosa. The initial Executive Chairman of
the Board will be selected by a selection committee
comprised of one Appaloosa representative and one
representative of the Standby Purchasers. The Executive
Chairman will be approved by a majority vote of the
Selection Committee. Any successor Executive Chairman
will be selected by the Nominating and Governance
Committee of the Board, subject to the approval of
Appaloosa.
(g) All of Appaloosa's approval rights will continue until the
earlier of (i) the date on which Appaloosa ceases to own
Series A Preferred Shares having an aggregate liquidation
preference of at least $125,000,000, and (ii) the third
anniversary of Appaloosa's investment.
(h) Appaloosa proposes to include an additional closing
condition to the effect that there will not have occurred
any material strike or labor stoppage or slowdown at Dana
Corp., General Motors, Chrysler, Ford Motor Company or
any of their respective subsidiaries.
A full-text copy of Appaloosa's September 21 Letter is available
for free at http://ResearchArchives.com/t/s?23e0
Aside from the Investment Letter, Appaloosa also delivered to
the Debtors and the Creditors Committee drafts of:
(1) an Amended Joint Plan of Reorganization, a copy of which
is available for free at
http://ResearchArchives.com/t/s?23e1
(2) a Plan Support Agreement, a copy of which is available for
free at http://ResearchArchives.com/t/s?23e2
(3) an Investment Agreement, a copy of which is available for
free at http://ResearchArchives.com/t/s?23e3
(4) a Shareholders Agreement, a copy of which is available for
free at http://ResearchArchives.com/t/s?23e4
(5) Articles of Designation with Respect to Preferred Stock, a
copy of which is available for free at:
http://ResearchArchives.com/t/s?23e5
(6) a Series A Registration Rights Agreement, a copy of which
is available for free at
http://ResearchArchives.com/t/s?23e6
(7) a Series B Registration Rights Agreement, a copy of which
is available for free at
http://ResearchArchives.com/t/s?23e6
(8) a Market Maker Agreement, a copy of which is available for
free at http://ResearchArchives.com/t/s?23e7
About Dana Corp.
Toledo, Ohio-based Dana Corp. -- http://www.dana.com/-- designs
and manufactures products for every major vehicle producer in
the world, and supplies drivetrain, chassis, structural, and
engine technologies to those companies. Dana employs 46,000
people in 28 countries. Dana is focused on being an essential
partner to automotive, commercial, and off-highway vehicle
customers, which collectively produce more than 60 million
vehicles annually.
Dana has facilities in China in the Asia-Pacific, Argentina in
the Latin-American regions and Italy in Europe.
The company and its affiliates filed for chapter 11 protection
on Mar. 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Sept. 30, 2005, the Debtors listed $7,900,000,000 in total
assets and $6,800,000,000 in total debts.
Corinne Ball, Esq., and Richard H. Engman, Esq., at Jones Day,
in Manhattan and Heather Lennox, Esq., Jeffrey B. Ellman, Esq.,
Carl E. Black, Esq., and Ryan T. Routh, Esq., at Jones Day in
Cleveland, Ohio, represent the Debtors. Henry S. Miller at
Miller Buckfire & Co., LLC, serves as the Debtors' financial
advisor and investment banker. Ted Stenger from AlixPartners
serves as Dana's Chief Restructuring Officer.
Thomas Moers Mayer, Esq., at Kramer Levin Naftalis & Frankel
LLP, represents the Official Committee of Unsecured Creditors.
Fried, Frank, Harris, Shriver & Jacobson, LLP serves as counsel
to the Official Committee of Equity Security Holders. Stahl
Cowen Crowley, LLC serves as counsel to the Official Committee
of Non-Union Retirees.
The Debtors filed their Joint Plan of Reorganization on Aug. 31,
2007. The Court has set a hearing on Oct. 23, 2007, to consider
the adequacy of the Disclosure Statement explaining the Debtors'
Plan. (Dana Corporation Bankruptcy News, Issue No. 55;
Bankruptcy Creditors' Service Inc.;
http://bankrupt.com/newsstand/or 215/945-7000).
DANA CORP: Eyes Entry of Mexican Unit Restructuring Process
-----------------------------------------------------------
In July 2006, Spicer S.A., de C.V., a Mexican joint venture
between Dana Corp. and DESC S.A. de C.V., was dissolved, and the
Debtors acquired 100% ownership of certain of the subsidiaries
of Spicer Mexico.
Since that acquisition, the Debtors determined, after
consultation with their U.S. and Mexican advisors, to take
several steps to optimize the tax and operational efficiencies
of their operations in Mexico, which will involve converting
certain of their operations into maquiladoras:
(a) Dana Heavy Axle Mexico S.A. de C.V. operations in
Monterrey, Mexico will be contributed into a non-debtor
subsidiary known as Dana Ejes S.A. de C.V., which will
subsequently be converted into a maquiladora;
(b) A maquiladora will be created out of the current
operations of Spicer Group members Ejes Tractivos S.A. de
C.V., Autometales S.A. de C.V., and Dana de Mexico
Corporacion S. de R.L. de C.V.;
(c) Nondebtor Tecnologia de Mocion Controlada S.A. de C.V.
will expand its existing maquiladora operations to include
a new maquiladora to support the sealing business;
(d) Dana will acquire additional equipment to expand the
operations at DHAM's Toluca facility; and
(e) Dana's ownership of certain Mexican Dana Companies will be
transferred to Debtor Spicer Heavy Axle Holdings, Inc.,
which will be renamed Dana Global Products, Inc.
A maquiladora, according to Corinne Ball, Esq., at Jones Day, in
New York, explains, is a Mexican corporation that operates under
a program developed by the Mexican Secretariat of Commerce and
Industrial Development that permits the Mexican corporation to:
-- temporarily receive component parts and raw materials from
a foreign company without being charged any import duties;
-- convert the component parts and raw materials into finished
goods;
-- ship the finished goods to, or on behalf of, the foreign
company; and
-- charge the foreign company for the value added in Mexico
plus a relatively modest government mandated mark-up.
After these transactions, the inventory, finished goods and
equipment for the Sealing Maquila will be owned by Debtor Dana
Global Products, Inc., which will also conduct all the future
purchasing of goods for the Sealing Maquila.
In addition, as part of the Debtors' strategy to expand low cost
manufacturing operations, the Toluca Facility requires
additional equipment to be able to expand production. Dana
Heavy Axle Mexico does not currently have the cash to purchase
additional equipment for the Toluca Facility. Instead, the
Debtors will transfer approximately $2,500,000 in equipment from
their Glasgow, Kentucky, plant to the Toluca Facility, and the
Debtors will purchase approximately $11,000,000 of equipment
from third party vendors for use at the Toluca Facility.
Both the transferred and purchased equipment will be placed in
the name of Dana Holdings Mexico as an investment.
Dana Heavy Axle Mexico will purchase the equipment from Dana
Holdings Mexico by issuing a $13,500,000 note in return for the
equipment. Because the Debtors will indirectly own Dana
Holdings Mexico through DGPI, they will benefit from the note
held by Dana Holding Mexico and will thus be receiving
equivalent value on their investment in Dana Holdings Mexico.
Ms. Ball tells the Court that in connection with the Debtors'
emergence from bankruptcy, they are planning to rationalize the
holding structure of their international affiliates. For
Mexican tax reasons, each of the maquiladoras to be formed must
be owned by a stable U.S. entity that can conduct the purchasing
of goods required to operate the maquiladoras on a going forward
basis -- that entity will be DGPI.
The Debtors will transfer their 100% ownership interest in Dana
Holdings Mexico and DHAM and almost 100% ownership interest in
Tecnologia de Mocion Controlada to DGPI in return for additional
stock to be issued by DGPI.
Because the Debtors own 100% of the stock of DGPI, they will
receive reasonably equivalent value for the transfer through the
increase in value of DGPI by the value of the shares of Dana
Holdings Mexico, DHAM and TMC, that are to be transferred to
DGPI.
The Debtors' Disclosure Statement explaining their Plan of
Reorganization provides that a critical part of their
restructuring plan has been to optimize their manufacturing
footprint so as to minimize costs, Ms. Ball notes. A critical
focus of these efforts is the movement to low cost manufacturing
operations, a significant block of which are in Mexico. The
various transactions involved in the Mexican Affiliate
Restructuring will allow the Debtors to increase their
production of low-cost goods in Mexico and provide a tax-
efficient structure for the production of those goods.
The Debtors project that the Mexican Affiliate Restructuring
will:
-- generate approximately $4,700,000 in annual tax savings
over the current structure;
-- provide more than $12,000,000 in additional U.S. income
annually; and
-- facilitate labor savings for the Debtors as part of their
manufacturing footprint optimization.
Accordingly, the Debtors seek the U.S. Court Bankruptcy Court
for the Southern District of New York's authority to enter into
the Mexican Affiliate Restructuring process.
The Debtors also seek a waiver of any stay of the effectiveness
of the order approving the Restructuring Motion.
While the go-live date for the Mexican maquiladoras is Nov. 1,
2007, the purchases of the assets and other activities described
in the step transactions must occur before that date, and
certain of those purchases can only occur after the transfer of
shares in DHAM, Dana Holdings Mexico and TMC are made to Debtor
DGPI, Ms. Ball says. If the various asset sales and share
transfers cannot commence until the anticipated expiration of
the automatic stay on October 29, 2007, the go-live date on the
maquiladoras will have to be delayed by an additional month
because it will be difficult to make the necessary accounting
changes in the middle of a month.
Delaying the project will cost the Debtors approximately
$375,000 in lost tax savings and decrease income in the U.S. by
approximately $1,000,000, Ms. Ball adds.
About Dana Corp.
Toledo, Ohio-based Dana Corp. -- http://www.dana.com/-- designs
and manufactures products for every major vehicle producer in
the world, and supplies drivetrain, chassis, structural, and
engine technologies to those companies. Dana employs 46,000
people in 28 countries. Dana is focused on being an essential
partner to automotive, commercial, and off-highway vehicle
customers, which collectively produce more than 60 million
vehicles annually.
Dana has facilities in China in the Asia-Pacific, Argentina in
the Latin-American regions and Italy in Europe.
The company and its affiliates filed for chapter 11 protection
on Mar. 3, 2006 (Bankr. S.D.N.Y. Case No. 06-10354). As of
Sept. 30, 2005, the Debtors listed $7,900,000,000 in total
assets and $6,800,000,000 in total debts.
Corinne Ball, Esq., and Richard H. Engman, Esq., at Jones Day,
in Manhattan and Heather Lennox, Esq., Jeffrey B. Ellman, Esq.,
Carl E. Black, Esq., and Ryan T. Routh, Esq., at Jones Day in
Cleveland, Ohio, represent the Debtors. Henry S. Miller at
Miller Buckfire & Co., LLC, serves as the Debtors' financial
advisor and investment banker. Ted Stenger from AlixPartners
serves as Dana's Chief Restructuring Officer.
Thomas Moers Mayer, Esq., at Kramer Levin Naftalis & Frankel
LLP, represents the Official Committee of Unsecured Creditors.
Fried, Frank, Harris, Shriver & Jacobson, LLP serves as counsel
to the Official Committee of Equity Security Holders. Stahl
Cowen Crowley, LLC serves as counsel to the Official Committee
of Non-Union Retirees.
The Debtors filed their Joint Plan of Reorganization on Aug. 31,
2007. The Court has set a hearing on Oct. 23, 2007, to consider
the adequacy of the Disclosure Statement explaining the Debtors'
Plan. (Dana Corporation Bankruptcy News, Issue No. 55;
Bankruptcy Creditors' Service Inc.;
http://bankrupt.com/newsstand/or 215/945-7000).
M. FABRIKANT: Files Joint Chapter 11 Plan of Liquidation
--------------------------------------------------------
M. Fabrikant & Sons Inc., its debtor-affiliate, Fabrikant-
Leer International Ltd., the Official Committee of Unsecured
Creditors, and Wilmington Trust Company delivered to the
United States Bankruptcy Court for the Southern District of
New York their joint chapter 11 plan of liquidation and an
accompanying disclosure statement explaining that plan.
The Plan provides for the liquidation of the assets of the
Debtors' estates, including the investigation and prosecution of
certain causes of action, by two liquidating trusts to be formed
pursuant to the Plan and related liquidating trust agreements.
Plan Funding
On May 29, 2007, the Debtors obtained Court authority to sell
certain of their inventories to Surya Capital LLC for
$10.4 million and six remaining lots of assets to Wilmington for
$38.5 million.
The Surya and Wilmington asset sale agreements closed on June 1,
2007, and July 12, 2007, respectively.
The Debtors also obtained Court approval on July 10, 2007, to
sell two life insurance policies owned by MFS for Charles
Fortgang and Marjorie Fortgang. Each policy provided for a
payment of $4 million to MFS upon the death of each respective
insured. MFS paid annual premiums on the Charles Fortgang
policy in the amount of $136,922 per year, and on the Marjorie
Fortgang policy in the amount of $88,087 per year. The
surrender value of each policy was zero dollars on account of
surrender charges that would have to have been paid by the
policy holder upon surrender of each policy.
To capitalize on the policies, the Debtors hired Melville
Capital, a life settlement broker, to sell the policies.
Melville had estimated their value at approximately $1.3 million
to $1.75 million in the aggregate.
To date, no closing on the sale of the policies has taken place.
At first, Charles and Marjorie Fortgang, whose lives are insured
by the policies, refused to execute the necessary consents to
transfer the Debtors’ interests in the policies to the
prospective purchaser. After negotiations among the Debtors,
Charles and Marjorie Fortgang, and the Plan Proponents, the
Fortgangs agreed to sign the necessary documentation only if the
proceeds from the sale of the policies are escrowed and that the
Debtors, the Committee and Wilmington agree not to pursue the
funds in the escrow before Sept. 15, 2007. In an effort to
facilitate the sale of the policies and to avoid costly and
potentially protracted litigation with the Fortgangs over the
issue, the Debtors and the Plan Proponents agreed to this
arrangement.
Further, under the "sweep" provisions of the Court's final order
on the Debtors' use of their lenders' cash collateral,
Wilmington has collected numerous cash sweeps throughout the
course of the Debtors' cases aggregating approximately
$33,000,000.
Treatment of Claims
Under the Plan, holders of Administrative Ex1pense Claims,
Priority Tax Claims, Professional Fee Claims, and Other Priority
Claims will receive payments in full, in cash.
Holders of Allowed Class 3 Claims will receive any of these
alternative treatments, at the election of a shared assets
trustee:
a) payment in full in cash;
b) unaltered legal, equitable and contractual rights to
which the claim entitles the holder;
c) treatment pursuant to Section 1124(2) of the Bankruptcy
Code; or
d) transfer and surrender of all collateral securing the
Claim.
Holders of Class 4 Unsecured Claims and Class 5 Unsecured Claims
will receive pro rata distribution from the proceeds of any and
all claims or causes of action of the Debtors, the estates, or
the Committee, against third parties.
Claims under both classes will also receive pro rata
distribution from the proceeds of any claims and causes of
action of the Debtors, the estates, or the Committee against the
Debtors' original lenders, which include ABN Amro Bank N.V.,
Antwerpse Diamantbank N.V., and Bank of America, N.A.
Holders of Current Lender Claims will receive pro rata
distribution from the proceeds of any and all claims or causes
of action of the Debtors, the estates, or the Committee, against
third parties.
The current lenders are successors in interest to the original
lenders under an intercreditor agreement dated Jan. 13, 2006,
among the original lenders and JPMorgan Chase Bank, N.A. as
collateral agent.
The current lenders would ordinarily be entitled to assert a
claim for adequate protection arising out of the use of their
cash collateral throughout the course of the Debtors' cases.
However, the Plan settles the adequate protection claim by:
-- providing for priority payment in full of all professional
fees and expenses incurred by Wilmington, on behalf of the
Current Lenders, throughout the course of the Debtors'
cases; and
-- payment out of the net proceeds of a shared assets trust.
Class 6 Claims, which consists of all interests in any of the
Debtors, and all claims arising from rescission of a purchase or
sale of those interests, or for damages arising from a purchase
or sale, are not entitled to any distribution under the Plan.
A full-text copy of the Joint Chapter 11 Plan of Liquidation is
available for a fee at:
http://www.researcharchives.com/bin/download?id=071003212249
A full-text copy of the Disclosure Statement explaining that
Joint Plan is available for a fee at:
http://www.researcharchives.com/bin/download?id=071003212044
About M. Fabrikant
Headquartered in New York City, M. Fabrikant & Sons, Inc. --
http://www.fabrikant.com/-- sells diamonds and jewelries.
Established in 1895, the Company is one of the oldest diamond
and jewelry wholesaler in the world, including Japan, Canada,
China, Thailand, Israel, Belgium and Italy. The company and its
affiliate, Fabrikant-Leer International Ltd., filed for chapter
11 protection on Nov. 17, 2006 (Bankr. S.D.N.Y. Lead Case No.
06-12737). Mitchel H. Perkiel, Esq., Lee W. Stremba, Esq., and
Paul H. Deutch, Esq., at Troutman Sanders LLP represent the
Debtors in their restructuring efforts. Alan Kolod, Esq.,
Lawrence L. Ginsberg, Esq., and Christopher J. Caruso, Esq., at
Moses & Singer LLP serve as counsel to the Official Committee o