T R O U B L E D C O M P A N Y R E P O R T E R
Wednesday, April 9, 2008, Vol. 12, No. 84
Headlines
1ST CHOICE: Files Chapter 7 Liquidation in Santa Barbara
A GRACE: Case Summary & Three Largest Unsecured Creditors
A KAY GLENN: Case Summary & 14 Largest Unsecured Creditors
ABITIBIBOWATER INC: Canada Unit's Exchange Offer for 3 Notes Ends
ABITIBIBOWATER INC: Bowater Unit Inks Changes to Credit Agreements
ADAM AIRCRAFT: Assets Bought by AAI Acquisition for $10 Million
ADVANCED MICRO: Expects 15% Less 1st Qtr. Revenues, Plans Job Cuts
ALLEGIANT TRAVEL: High Fuel Prices Cue Cancellation of Flights
ALLIANCE FINANCIAL: Voluntary Chapter 11 Case Summary
ALLIANCE IMAGING: Appoints Aaron Bendikson to Board of Directors
AMERICAN MORTGAGE: Continues to Face Liquidity Woes, Deloitte Says
ASPEN TECH: ATF II Completes Payments to Key Bank Facility
ATARI INC: Curtis Solsvig Resigns as Chief Restructuring Officer
AVIZA TECHNOLOGY: Plans to Terminate 15% Employees Worldwide
BEAR STEARNS: Half of Employees To Be Laid Off, Report Says
BEAR STEARNS: Broker Can Work for Morgan Stanley, Court Rules
BEAR STEARNS: Gets NYSE Nod to Issue 95MM Shares to JPMorgan Chase
BEN CASTON: Faces $4 Million Foreclosure from Arkansas Bank
BH BOULDERS: Files Schedules of Assets and Liabilities
BLAST ENERGY: Unit Receives $6 Million as Litigation Settlement
BOMBAY COMPANY: Wants to Hire A.S.K. Financial as Special Counsel
BRANDYWINE REALTY: Fitch Holds 'BB+' Rating on Preferred Stock
BUFFALO PITT: Voluntary Chapter 11 Case Summary
CA INC: Cuts 2,800 Jobs in Expanded 2007 Restructuring Plan
CAPCO ENERGY: Case Summary & 20 Largest Unsecured Creditors
CARLYLE CAPITAL: Bedell Cristin Asked to Provide Legal Advice
CASA DE CAMBIO: Wants to Hire Luis V. Echeverria as Consultant
CATHOLIC CHURCH: Tort Claims Against Davenport May Be Estimated
CATHOLIC CHURCH: US Trustee Seals Names of Fairbanks Panel Members
CATHOLIC CHURCH: Dorsey & Whitney Ok'd as Fairbank's Local Counsel
CATHOLIC CHURCH: Counsels Agree to Mediation in Portland's Case
CELL THERAPEUTICS: Scott Stromatt Resigns as EVP of Clinical Dev't
CHATEAUX FRAMING: Voluntary Chapter 11 Case Summary
CHRYSLER LLC: Plastech Can Get Funding from Lender Consortium
CHRYSLER LLC: Outsources IT Management Dept., Eliminates 200 Jobs
CLEAR CHANNEL: Trial on Case Over Sale Set May; Banks Countersue
CONGOLEUM CORP: Insurers Have Standing to Oppose Plan, Court Says
COREL CORP: Randall Eisenbach Resigns as EVP of Operations
CSFB HOME: Fitch Downgrades Ratings on $109.2MM Certificates
DAMSEL PROPERTIES: Case Summary & 12 Largest Unsecured Creditors
DELPHI CORP: Court Extends Indemnification Agreement with GM
DELPHI CORP: Court Extends Time on IRS Pension Funding Waivers
DELTA AIR: BNY Says 1982 Indenture Not a "True Lease"
DELTA AIR: Court Approves Stipulation to Clarify Aircraft Claims
DETROIT MEDIA: Involuntary Chapter 11 Case Summary
DIAMOND GLASS: Section 341(a) Creditors' Meeting Set for May 8
DIAMOND GLASS: Gets Court's Nod on Requests to Continue Business
DURA AUTOMOTIVE: Wants Court Nod on Atwood Capital Adjustment Pact
EDUCATION RESOURCES: Files Chapter 11 Petition in Massachusetts
EDUCATION RESOURCES: Case Summary & 143 Largest Unsec. Creditors
EDUCATION RESOURCES: Fitch Junks Financial Strength Rating from A
ENRON CORP: Jeffrey Skilling Seeks Reversal of Convictions
ENRON CORP: Wants $26 Million in RWE Trading Claims Disallowed
EXIDE TECH: Board Appoints Lou Martinez as Corporate Controller
FISHER COMMUNICATIONS: Board Urges 2008 Incentive Plan Approval
FEDDERS CORP: Court Okays Walkersville Sale Bidding Procedures
FIELDSTONE MORTGAGE: Creditors Panel Balks at C-BASS Settlement
FIRST MARBLEHEAD: Shares Dropped 37% after TERI's Bankruptcy
FIRST MARBLEHEAD: Moody's Reviews 93 Notes' Ratings For Likely Cut
FISHER COMMUNICATIONS: Board Urges 2008 Incentive Plan Approval
FORD MOTOR: Plastech Can Get Funding from Lender Consortium
FORD MOTOR: Overall March 2008 Sales in Canada Decrease 1.3%
FORD MOTOR: Integrates Global Product Dev't and Purchasing Teams
FORD MOTOR: Details 2007 Executive Compensation in Proxy Statement
FREEPORT-MCMORAN: Strong Liquidity Cues Fitch to Lift Ratings
FULTON LAND: Files Schedules of Assets and Liabilities
GENCORP INC: Selling Rio Del Oro Assets to Elliott Homes for $10MM
GENERAL MOTORS: Plastech Can Get Funding from Lender Consortium
GENERAL MOTORS: Court Extends Indemnification Pact with Delphi
GMAC LLC: Buys $1.2 Billion of Residential Capital's Debt
GMAC LLC: To Terminate Remainder of CARAT 2005-SN1 on April 15
GRAN TIERRA: AMEX Approves Common Stock Listing Application
GRAPHIC PACKAGING: Fitch Junks Rating on Sr. Subordinated Notes
HOOP HOLDINGS: Selling Assets for $55 Mil. to Walt Disney et al.
INTERSTATE BAKERIES: Amends Pact Raising DIP Financing by $50 Mil.
INTERSTATE BAKERIES: Wants to Reject New Jersey, et al. Leases
INTERSTATE BAKERIES: Wants to Sell 4 Real Properties in California
INTERPUBLIC GROUP: Fitch Lifts ID Rating to BB+ from BB-
JEFFERSON COUNTY: Unveils Plan While Denying Possible Filing
JOURNAL REGISTER: Lazard Freres Assists in Options Evaluation
JOURNAL REGISTER: Receives Delisting Notice from NYSE
KERSHNER PROPERTIES: To Surrender $8 Million Worth of Properties
KERYX BIOPHARMACEUTICALS: Plans to Slash 50% Jobs to Conserve Cash
KINETIC CONCEPTS: To Acquire LifeCell Corp. for $1.7 Bil. in Cash
LANDRY'S RESTAURANTS: Fertita Decreases Offer to $21 Per Share
LANDRY'S RESTAURANTS: Paying Dividend of $0.05 Per Share on Apr 25
LEXINGTON PRECISION: Can Use CapitalSource et al.'s Collateral
LEXINGTON PRECISION: Gets Initial OK to Use $4 Mil. DIP Facility
LINEN N THINGS: Prepackaged Bankruptcy Being Mulled by Apollo
LINENS 'N THINGS: Worse Performance Prompts Fitch's Junk Ratings
LOUISIANA RIVERBOAT: Gets Initial Approval to Use Cash Collateral
L TERSIGNI: Examiner Says Overbilling Could Reach $10 Million
MANCHESTER INC: Inks Restructuring Financing Deal with Palm Beach
MD HOMES: Two Homes Under Foreclosure by Simmons First Bank
MEMORY PHARMA: Has Until April 17 to Submit Equity Compliance Plan
MERITAGE MORTGAGE: Fitch Lowers Ratings on Eight Cert. Classes
MEYER CONSTRUCTION: ANB Seizes $1.8 Million in Properties
MONITOR OIL: Judge Glenn Denies Exclusive Periods Extension Plea
MONITOR OIL: Gets Creditors Okay to Access $3.5 Million in Cash
MTR GAMING: Wells Fargo Resigns as Trustee for Indentures
NATIONAL CENTURY: JPMorgan Settles SEC Charges for $2,000,000
NATIONAL CENTURY: Ex-CEO Convicted on Witness Tampering Complaint
NEUMANN HOMES: Court Okays Bidding Procedure for Kaco Asset Sale
NEUMANN HOMES: Court Approves Sale of Six Properties to RFC
OMNICARE INC: Board Approves Repurchase of $100MM Common Stock
OTC INTERNATIONAL: Voluntary Chapter 11 Case Summary
PACIFIC LUMBER: Receives Default Notice Under Marathon Loan
PACIFIC LUMBER: Logan & Co. Reports Voting Results on Rival Plans
PACIFIC LUMBER: Judge Schmidt Will Likely Reject Debtors' Plan
PACIFIC LUMBER: BoNY Elects Ex-Gov. Wilson to Run New Scopac
PEOPLES CHOICE: Files Second Amended Plan & Disclosure Statement
PEOPLES CHOICE: Classification & Treatment of Claims Under Plan
PERFORMANCE TRANS: Gets 4th Waiver on Black Diamond DIP Facility
PERFORMANCE TRANS: Wants Exclusive Periods Extended to June 30
PERFORMANCE TRANS: Asks Court to Set May 30 as Claims Bar Date
PERFORMANCE TRANS: Seeks Approval of 1st Lien Agreement Changes
PHOENIX HOMES: To Surrender Real Properties to Two Bank Lenders
PLASTECH ENGINEERED: Court Okays Funding from Lender Consortium
PLY GEM: New Home Construction Weakness Cues Moody's Rating Cuts
PRIMEDIA INC: Net Loss Up to $16MM in Quarter Ended December 31
RESIDENTIAL CAPITAL: Parent Buys Back $1.2BB Notes in Open Market
SACO I: Moody's Junks Ratings on 39 Certificates
SOUNDVIEW HOME: Fitch Chips Ratings on $1.2 Billion Certificates
TENET HEALTHCARE: Subsidiary Sells North Ridge Hospital for $20M
TRUMP ENTERTAINMENT: Seeking Opportunities to Sell Properties
TRICOM SA: Court Adjourns Confirmation Hearing to August 6
TRUMP ENTERTAINMENT: Net Loss Up to $198MM in Year Ended Dec. 31
UBS AG: To Cut Jobs; Investors Suggest Asset Sale to Raise Capital
U.S. ENERGY: Judge Drain Closes Chapter 11 Bankruptcy Case
WASHINGTON MUTUAL: Gets $7 Billion New Capital from TPG
WASHINGTON MUTUTAL: TPG Deal Signals Leadership Failure, CtW Says
WASHINGTON MUTUAL: S&P Takes Varied Rating Actions on 1,165 Certs.
WELLMAN INC: Wants Court to Reject Panel's DIP Financing Objection
WELLMAN INC: Wants to Enforce Sale & Reorganization Incentive Plan
WELLS FARGO: Fitch Junks Ratings on Six Certificate Classes
WORNICK CO: Files Amended Chapter 11 Plan and Disclosure Statement
WR GRACE: Inks $250MM Deal to Settle Asbestos-Related Claims
WR GRACE: MassDEP et al. Mulls Liability Transfer Agreement
WR GRACE: BoA's DIP Financing Decreased to $165 Million
XERIUM TECHNOLOGIES: Obtains Default Waiver Until May 31
* Moody's Downgrades 49 Tranches From 11 Deals by Various Issuers
* Moody's Puts Ratings on 23 Tranches From 11 RMBS Deals on Review
* Moody's Says Weaker Economy is Driving More Rating Downgrades
* S&P Cuts Ratings on 22 Tranches From 5 Cash Flows and CDO Deals
* S&P Downgrades Ratings on 98 Classes From 26 RMBS Transactions
* S&P Sees Positive Outlook For Global Generic Pharma Industry
* Fitch Says Banks Worldwide Face Difficult Operating Environment
* Fitch Says Commercial Paper Programs Reduce Exposures to CDO
* Brown McCarroll Creates Subprime Litigation Practice Group
* Walter A. Herring and Jay L. Krystinik Join Powell Goldstein
* Upcoming Meetings, Conferences and Seminars
*********
1ST CHOICE: Files Chapter 7 Liquidation in Santa Barbara
--------------------------------------------------------
1st Choice Mortgage, aka Cameron Financial Group, filed for
chapter 7 liquidation with the U.S. Bankruptcy Court for the
Central District of California (Santa Barbara), reports Antonio A.
Prado of San Luis Obispo in California.
The Debtor listed $984,000 in assets and $28 million in
liabilities, including $1 million owed to San Luis Trust Bank,
report says, citing court documents. Other creditors include
Morgan Stanley, Bear Stearns, Countrywide Financial and Deutsche
Bank, which are owed from $400,000 to $8.2 million, report
reveals.
The report cites a message on the company's Web site revealing
that it secured various debts of at least $240,000. The company's
site is no longer accessible at press time.
According to the report, the company serviced very risky loans to
borrowers with "bruised credit" without asking for down payments
and financing.
In addition, the company faces several cases as defendant, report
says, citing court documents.
Sandra McBeth, Esq., is the company's counsel.
1st Choice Mortgage, aka Cameron Financial Group --
http://www.cameronfinancial.com/-- provides loans. Company
President Shannon Faries and Chief Executive Cary Fierro are c-
owners of 1st Choice.
A GRACE: Case Summary & Three Largest Unsecured Creditors
---------------------------------------------------------
Debtor: A. Grace II, Inc.
5515 Palmyra Avenue
Las Vegas, NV 89146
Bankruptcy Case No.: 08-13058
Chapter 11 Petition Date: April 1, 2008
Court: District of Nevada (Las Vegas)
Judge: Linda B. Riegle
Debtor's Counsel: David E. Doxey, Esq.
David J. Winterton & Assoc., Ltd.
211 North Buffalo Drive, Suite A
Las Vegas, NV 89145
Tel: (702) 363-0317
Fax: (702) 363-1630
ddoxey@davidwinterton.com
Total Assets: $1,600,100
Total Debts: $885,500
Debtor's list of its Three Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
------ --------------- ------------
Ruth Kennedy Trade debt $288,000
5515 Palmyra Avenue
Las Vegas, NV 89146
Clark County Assessors $4,000
500 Grand Central
Las Vegas, NV 89101
Irma Garcia Bank Loan $3,500
1520 Red Rock
Las Vegas, NV 89146
A KAY GLENN: Case Summary & 14 Largest Unsecured Creditors
----------------------------------------------------------
Debtor: A. Kay Glenn
dba West End Pit Stop
1349 Old Murphy Road
Franklin, NC 28734
Bankruptcy Case No.: 08-20045
Chapter 11 Petition Date: April 3, 2008
Court: Western District of North Carolina (Bryson City)
Judge: George R. Hodges
Debtor's Counsel: D. Rodney Kight, Jr., Esq.
Kight Law Office
9 SW Pack Square, Suite 200
Asheville, NC 28801
Tel: (828) 255-9881
Fax: (828) 255-9886
info@kightlaw.com
Total Assets: $1,749,721
Total Debts: $901,210
Debtor's list of its 14 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
------ --------------- ------------
NC Department of Revenue Blanket lien on $120,000
P.O. box 1168 estate
Raleigh, NC 27602
Pam Gale $20,887
P.O. Box 243
Welaka, FL 32193
IRS 941 $8,000
P.O. Box 21126
Philadelphia, PA 19114
Discover Financial Consumer debt $6,066
American Express Consumer debt $5,200
Ricky Taylor Consumer debt $5,000
Citi Credit Services Consumer debt $2,750
Checkcare Consumer debt $2,025
Sears Bankruptcy Recovery Consumer debt $1,838
Department of Veterans Affairs Medical Bills $1,637
Beverly Gilliard Consumer debt $1,250
Chase Bankruptcy Support Consumer debt $813
Chevron Credit Bank Consumer debt $277
Citizens Bank Deficiency after Unknown
foreclosure
ABITIBIBOWATER INC: Canada Unit's Exchange Offer for 3 Notes Ends
-----------------------------------------------------------------
AbitibiBowater Inc. disclosed that the exchange offers by
Abitibi-Consolidated Company of Canada, an indirect subsidiary of
AbitibiBowater, expired at 12:00 midnight, New York City time, on
April 4, 2008. The exchange offers were for the 6.95% Senior
Notes due 2008, 5.25% Senior Notes due 2008 and 7.875% Senior
Notes due 2009.
Approximately 89.4% of the outstanding 6.95% Senior Notes,
92.1% of the outstanding 5.25% Senior Notes and 94.8% of the
outstanding 7.875% Senior Notes were validly tendered in the
exchange offers. As a result, ACCC issued an aggregate of
approximately $292.9 million principal amount of 15.5% Senior
Notes due 2010 and approximately $217.7 million in cash including
payment of accrued interest to tendering note holders in
connection with the exchange offers.
As reported in the Troubled Company Reporter on March 12, 2008,
AbitibiBowater Inc. commenced private offers to exchange notes in
a private placement for a combination of cash and new 15% Senior
Notes due 2010 to be issued by Abitibi-Consolidated Company of
Canada.
Old notes include: (i) 6.95% Senior Notes due 2008 of Abitibi-
Consolidated Inc., a subsidiary of ABH; (ii) 5.25% Senior Notes
due 2008 of ACCC, a subsidiary of ACI; and (iii) 7.875% Senior
Notes due 2009 of Abitibi-Consolidated Finance L.P., a subsidiary
of ACI.
About AbitibiBowater
Headquartered in Montreal, Canada, AbitibiBowater Inc. (NYSE:ABH)
-- http://www.abitibibowater.com/-- was formed as a result of the
combination of Abitibi-Consolidated Inc. and Bowater Incorporated.
Pursuant to the transaction, Abitibi-Consolidated Inc. and Bowater
Incorporated became subsidiaries of AbitibiBowater. The company
produces a wide range of newsprint, commercial printing papers,
market pulp and wood products and markets these products to more
than 90 countries.
Following the required divestiture agreed to with the U.S.
Department of Justice, AbitibiBowater will own or operate 27 pulp
and paper facilities and 35 wood products facilities located in
the United States, Canada, the United Kingdom and South Korea. The
company also has newsprint sales offices in Brazil and Singapore.
The company's shares also trade at the Toronto Stock Exchange
under the stock symbol ABH.
* * *
As reported in the Troubled Company Reporter on April 3, 2008,
Fitch Ratings expects to assign a 'CCC/RR1' rating to Abitibi-
Consolidated Inc.'s new $400 million 364-day senior secured term
loan and new $413 million senior secured 13.75% notes due 2011.
ACI's new 15.5% senior unsecured notes due 2010 being issued as
partial consideration for the tender of upcoming maturing bonds
have been assigned an expected rating of 'CC/RR4'.
ABITIBIBOWATER INC: Bowater Unit Inks Changes to Credit Agreements
------------------------------------------------------------------
Bowater Incorporated, a subsidiary of AbitibiBowater Inc., and
certain of Bowater's direct and indirect subsidiaries, entered
into amendments, dated as March 31, 2008, to Bowater's U.S. and
Canadian credit agreements.
The Amendment to the U.S. credit agreement was entered into among
Bowater and certain of the company's subsidiaries; certain
lenders; and Wachovia Bank, National Association, as
Administrative Agent for the various lenders under that credit
agreement.
The Amendment to the Canadian credit agreement was entered into
among Bowater; Bowater Canadian Forest Products Inc., an
indirect subsidiary of Bowater; and certain of the company's
subsidiaries; certain lenders; and The Bank of Nova Scotia, as
Administrative Agent for the lenders.
The Amendments principally:
i) withdraw the requirement that Bowater transfer the Catawba,
South Carolina mill assets and related operations to a new
subsidiary of Bowater;
ii) require that Bowater transfer the stock in subsidiaries
owning the Coosa Pines and Grenada assets to AbitibiBowater
and grant the lenders first-ranking mortgages on such
assets before April 30, 2008;
iii) amend the "change in control" definition so that following
the conversion into equity of the $350 million aggregate
principal amount of AbitibiBowater 8.0% Convertible Notes
due 2013 issued to Fairfax Financial Holdings Limited on
April 1, 2008, no person or group may own more than 50% of
the voting stock of AbitibiBowater, as compared to 30%
prior to the Amendments;
iv) provide an unsecured guarantee by AbitibiBowater of
obligations under the U.S. credit agreements;
v) permit AbitibiBowater to incur the AbitibiBowater
Convertible Debt and permit Bowater to send distributions
to AbitibiBowater to service interest on such debt so long
as certain conditions are satisfied;
vi) permit Bowater to send distributions to AbitibiBowater to
fund 50% of AbitibiBowater's overhead expenses plus, if no
default exists, up to $10,000,000 per year;
vii) impose additional reporting obligations on Bowater and
implement more extensive eligibility criteria for the
assets that may be used in determining the borrowing base
under the facility, thereby reducing the funds available
under the credit facility; and
viii) extend until April 15, 2008, the time for delivery of
Bowater's 2007 audited financial statements, related
compliance and other certificates and its 2008 annual
business plan and projections.
A full-text copy of the Fourth Amendment, dated as of March 31,
2008, to the U.S. Credit Agreement dated as of May 31, 2006, is
available for free at http://researcharchives.com/t/s?2a1e
A full-text copy of the Fourth Amendment, dated as of March 31,
2008, to the Canadian Credit Agreement dated as of May 31, 2006,
is available for free at http://researcharchives.com/t/s?2a1f
About AbitibiBowater
Headquartered in Montreal, Canada, AbitibiBowater Inc. (NYSE: ABH)
(TSE: ABH) -- http://www.abitibibowater.com/-- produces a wide
range of newsprint, commercial printing papers, market pulp and
wood products. Following the required divestiture agreed to with
the U.S. Department of Justice, AbitibiBowater will own or operate
27 pulp and paper facilities and 35 wood products facilities
located in the United States, Canada, the United Kingdom and South
Korea.
At Dec. 31, 2007, the company's consolidated balance sheet showed
$10.319 billion in total assets, $8.420 billion in total
liabilities, and $1.899 billion in total stockholders' equity.
* * *
As reported in the Troubled Company Reporter on April 3, 2008,
Fitch Ratings affirmed and removed from Rating Watch Negative its
'CCC' issuer default ratings for both AbitibiBowater Inc. and
Bowater Inc.
ADAM AIRCRAFT: Assets Bought by AAI Acquisition for $10 Million
---------------------------------------------------------------
AAI Acquisition Inc. bought the assets of bankrupt Adam Aircraft
Inc., aka Adam Aircraft Industries, for $10 million plus
assumption of debts, Kelly Yamanouchi writes for The Denver Post.
Under the sale transaction, the new buyer has the option to hire
former employees, relates Denver Post.
A sale hearing will be conducted today, April 9, 2008.
Paul Zarnowiecki, Esq., at Orrick, Herrington & Sut cliffe LLP in
Washington, D.C., is counsel to AAI Acquisition, report says.
As reported in the Troubled Company Reporter on March 17, 2008,
Adam Aircraft Inc. was publicly selling its assets on April 4,
2008. Potential buyers were asked to make deposits of $250,000
and place a minimum bid of $10 million by April 3.
About Adam Aircraft
Denver, Colorado-based Adam Aircraft Inc., aka Adam Aircraft
Industries -- http://www.adamaircraft.com/-- designs and
manufactures advanced aircraft for civil and government markets.
The A500 twin-engine piston aircraft has been Type Certified by
the FAA, and the A700, which is currently undergoing flight test
and development.
The Debtor filed for chapter 7 liquidation on Feb. 15, 2008, with
the U.S. Bankruptcy Court in Colorado after failing to secure
financing. It also laid off 800 workers and listed assets between
$1 million and $10 million, and debts between $50 million and
$100 million.
ADVANCED MICRO: Expects 15% Less 1st Qtr. Revenues, Plans Job Cuts
------------------------------------------------------------------
Advanced Micro Devices Inc. expects revenue for the first quarter
ended March 29, 2008, to be approximately $1.5 billion, a 22%
increase compared to the first quarter of 2007, and down 15%
compared to the fourth quarter of 2007. The decrease is due to
lower than expected sales across all business segments. AMD had
previously anticipated first quarter revenue to decline in line
with seasonality.
As reported in the Troubled Company Reporter on Jan. 21, 2008,
AMD reported results of its fourth quarter and year ended Dec. 29,
2007. In the fourth quarter of 2007, AMD reported net loss of
$1.772 billion and an operating loss of $1.678 billion. Fourth
quarter net loss included charges of $1.675 billion, of which
$1.669 billion were operating charges. The non-cash portion of
the fourth quarter charges was $1.606 billion. Fourth quarter
2007 revenue was $1.770 billion, an 8% increase compared to the
third quarter of 2007 and flat compared to the fourth quarter of
2006.
AMD plans to adjust its cost structure by reducing its workforce
by approximately 10% by the end of the third quarter of 2008. As
a result of these reductions, AMD expects to record a
restructuring charge in the second quarter of 2008. At the time
of this release, AMD is unable to determine the estimated amount
of the charge as the details are still being finalized.
AMD will report first quarter 2008 results after market close on
April 17, 2008.
Headquartered in Sunnyvale, California, Advanced Micro Devices
Inc. (NYSE: AMD) -- http://www.amd.com/-- provides innovative
processing solutions in the computing, graphics and consumer
electronics markets.
* * *
As reported in the Troubled Company Reporter on Jan. 28, 2008,
Fitch downgraded these ratings on Advanced Micro Devices Inc.,
including its Issuer Default Rating to 'B-' from 'B'; and its
Senior unsecured debt to 'CCC'/RR6 from 'CCC+/RR6'. The Rating
Outlook remains Negative.
ALLEGIANT TRAVEL: High Fuel Prices Cue Cancellation of Flights
--------------------------------------------------------------
Allegiant Travel Company's wholly owned unit, Allegiant Air LLC,
said it will cancel flights between Fort Wayne and Fort
Lauderdale, Florida, effective May 31, 2008, Kimberly Peterson of
The Journal Gazette relates. The company explained, however, that
it won't cease operations at Fort Wayne but will keep it "as a
market" and added that Orlando and Tampa are "outstanding" sources
of revenue for Allegiant, says Gazette.
The airline company pointed to the rising fuel costs, Gazette
quotes Allegiant spokeswoman Tyri Squyres as saying. She said
that there are "no signs of improvement" in the current trend,
according to the report.
Allegiant revealed that airports in Rockford and Peoria, Illinois
will lose flights to Fort Lauderdale and Santa Maria, California
will lose flights to Phoenix-Mesa, Arizona by May 31, Gazette
notes.
In 2008 alone, Allegiant suspended 15 routes throughout the
country due to fuel costs, Gazette reports.
On March 14, 2008, the company cut flights between Fort Wayne and
Las Vegas over fuel costs, report recounts.
Flight suspensions happen throughout the industry, Gazette
reports, citing Dave Young, vice president of Greater Fort Wayne
Chamber of Commerce's air services. Mr. Young told Gazette that
he learned about Frontier Airlines canceling flights to
Indianapolis and Cancun, Mexico and Nashville. However, he said
that passenger traffic at Forty Wayne continues to be strong in
2008, increasing to at least 17% as compared with last year's,
Gazette notes.
About Allegiant Travel
Las Vegas, Nevada-based Allegiant Travel Company (NASDAQ: ALGT) --
http://www.allegiantair.com/-- is a leisure travel company that
links travelers in small cities to leisure destinations, such as
Las Vegas, Nevada; Phoenix, Arizona; Ft. Lauderdale, Florida;
Orlando, Florida, and Tampa/St. Petersburg, Florida. The company
operates a passenger airline marketed to leisure travelers in
small cities, allowing it to sell air travel both on a stand-alone
basis and bundled with hotel rooms, rental cars and other travel
related services. Allegiant Travel has fixed fee flying contracts
with three separate subsidiaries of Harrah's Entertainment Inc.,
which collectively accounted for 6.5% of total revenues during the
year ended Dec. 31, 2007. Under a contract signed in October
2007, the company began flying for the third subsidiary of
Harrah's Entertainment in January 2008. Allegiant Air LLC is a
wholly owned subsidiary of Allegiant Travel.
ALLIANCE FINANCIAL: Voluntary Chapter 11 Case Summary
-----------------------------------------------------
Debtor: Alliance Financial Capital, Inc.
700 Airport Boulevard, Suite 430
Burlingame, CA 94010
Bankruptcy Case No.: 08-30575
Type of Business: The Debtor provides accounts receivable
financing. http://www.alliancefinancialcap.com/
Chapter 11 Petition Date: April 4, 2008
Court: Northern District of California (San Francisco)
Judge: Dennis Montali
Debtor's Counsel: Joan M. Chipser, Esq.
(joanchipser@sbcglobal.net)
1 Green Hills Court
Millbrae, CA 94030
Tel: (650) 697-1564
Estimated Assets: $1 million to $10 million
Estimated Debts: $1 million to $10 million
The Debtor did not file a list of its largest unsecured creditors.
ALLIANCE IMAGING: Appoints Aaron Bendikson to Board of Directors
----------------------------------------------------------------
At a meeting of the Board of Directors of Alliance Imaging Inc.,
held on March 31, 2008, the Board of Directors approved the
appointment of Aaron A. Bendikson to the Board to fill the vacancy
created by the resignation of Stephen A. Kaplan.
Mr. Bendikson's appointment will become effective immediately
after Mr. Kaplan's resignation becomes effective, which will occur
at the time of the company's 2008 Annual Meeting.
Mr. Bendikson is one of the designees of OCM Principal
Opportunities Fund IV L.P., or Oaktree, an investment fund
affiliated with Oaktree Capital Group Holdings GP LLC, or Oaktree
Group, which beneficially owns approximately 45.3% of the
outstanding shares of the company's common stock.
In accordance with the terms of a Governance and Standstill
Agreement, dated March 16, 2007, among Oaktree, Alliance and MTS
Health Investors II L.P., or MTS, Oaktree and MTS currently have
the right to designate three members of the company's Board of
Directors.
As a member of the company's Board of Directors, Mr. Bendikson
will be entitled to the compensation that the company pays to its
non-employee directors.
About Alliance Imaging Inc.
Based in Anaheim, California, Alliance Imaging Inc. (NYSE: AIQ) --
http://www.allianceimaging.com/-- is a provider of shared-service
and fixed-site diagnostic imaging services, based upon annual
revenue and number of diagnostic imaging systems deployed.
Alliance provides outpatient diagnostic imaging and radiation
therapy services primarily to hospitals and other healthcare
providers on a shared and full-time service basis, in addition to
operating a growing number of fixed-site imaging centers.
The company had 488 diagnostic imaging systems, including 310 MRI
systems and 79 PET or PET/CT systems, and served over 1,000
clients in 44 states at Dec. 31, 2007. The company operated 88
fixed-site imaging centers (five in unconsolidated joint
ventures), which includes systems installed in hospitals or other
buildings on or near hospital campuses, medical groups' offices,
or medical buildings and retail sites. The company also operated
12 radiation therapy centers (two in unconsolidated joint
ventures) as of Dec. 31, 2007.
* * *
As reported in the Troubled Company Reporter on Feb. 27, 2008,
Alliance Imaging Inc.'s consolidated balance sheet at Dec. 31,
2007, showed $664.53 million in total assets and $681.50 million
in total liabilities, resulting in a $16.97 million total
stockholders' deficit.
AMERICAN MORTGAGE: Continues to Face Liquidity Woes, Deloitte Says
------------------------------------------------------------------
According to a Form 10-K filing with the U.S. Securities and
Exchange Commission, American Mortgage Acceptance Company incurred
a net loss of $58.5 million on total revenues of $60.1 million
for the year ended Dec. 31, 2007, compared to a net income of
$2.6 million on total revenues of $31.6 million in 2006.
The company had total assets of $666 million, total liabilities
of $645 million, and a shareholders' equity of $20.6 million at
Dec. 31, 2007, compared to total assets of $720 million, total
liabilities of $635 million, and a shareholders' equity of
$85 million at Dec. 31, 2006.
AMAC's net loss for the year ended Dec. 31, 2007 were impacted by:
i) losses resulting from the sale of twenty-four first mortgage
loans, two Commercial Mortgage-Backed Securities and the
remaining portfolio of debt securities totaling
approximately $19.1 million;
ii) impairments recorded for certain of AMAC's mortgage loans
and CMBS totaling approximately $38.3 million;
iii) losses incurred upon the termination of certain interest
rate swaps totaling approximately $10.3 million; and
iv) expenses related to changes in the fair value of certain
interest rate swaps to which AMAC does not apply hedge
accounting totaling approximately $1.3 million.
The company's independent auditor Deloitte & Touche LLP relates
that developments in the credit markets have reduced the company's
liquidity. Declining interest rates coupled with widening credit
spreads have led to reduced asset values. In order to meet margin
calls on the company's leveraged assets, the company has been
required to sell assets and record losses. Further reductions in
asset values or further margin calls may require the company to
continue to sell assets and realize further losses. As a result,
the company has suspended investment activity in order to manage
liquidity until market conditions improve.
"In light of the severe impact on our company from the
unprecedented credit crisis which began in the summer of 2007,
AMAC's focus continues to be on stabilizing our balance sheet and
paying down our debt," said J. Larry Duggins, Chief Executive
Officer of AMAC. "Importantly, the overall quality of the assets
in our portfolio has remained stable, in spite of widespread
market dislocations."
"When the commercial mortgage collateralized debt obligation
market ground to a halt in the fall of last year, we had over $300
million of assets targeted for CDO execution financed with
repurchase warehouse facilities. The combination of widening
credit spreads and declining interest rates caused significant
margin calls on some of our repurchase facilities and interest
rate derivative contracts. In order to repay debt and meet
certain margin calls, we sold $283.8 million of assets under very
unfavorable market conditions. Although these sales were executed
at almost 94% of par value, they resulted in a net loss of $19.1
million in 2007. We incurred further impairments in the fourth
quarter due to the decline in market value of the Commercial
Mortgage-Backed Securities we hold. As we move forward, we will
continue to explore all strategic options to protect the value of
our company," he concluded.
Existing Defaults
The company relates that it has invested in, and may in the future
invest in, mortgage investments secured by properties in which
affiliates of its advisor Centerline AMAC Manager, Inc. owns
equity interests in the borrower.
AMAC's declaration of trust requires that any transaction between
the Advisor or any of its affiliates and AMAC be approved by a
majority of the company's trustees, including a majority of the
independent trustees.
As of Dec. 31, 2007, the company had six mortgage loans with a
total carrying value of approximately $143.3 million, and four
multifamily housing first mortgage bonds with a total carrying
value of approximately $4.9 million to borrowers that are
affiliates of the Advisor, which represents 22.4% of AMAC's total
assets.
The company has a revolving credit facility with Centerline, which
provides up to $80 million in borrowings and bears interest at
LIBOR plus 3.0%. This facility was extended through June 2008 and
contains terms that are similar to those the company would obtain
from a third-party lender. In June 2008, AMAC will have the
option to extend the maturity date one year, which the company
expects to do. As of Dec. 31, 2007, there was approximately $77.7
million outstanding on this facility.
The company admits that it has covenant compliance requirements on
its related party line of credit. At Dec. 31, 2007, AMAC failed
to meet certain of these requirements, causing it to be in default
of the loan agreement. AMAC has not been, so far, called upon to
repay this facility.
About AMAC
The American Mortgage Acceptance Company (AMEX: AMC) --
http://www.americanmortgageco.com/-- is a real estate investment
trust that specializes in originating and acquiring mortgage loans
and other debt instruments secured by multifamily and commercial
properties throughout the United States. AMAC invests in
mezzanine, construction and first mortgage loans, subordinated
interests in first mortgage loans, bridge loans, subordinate
commercial mortgage backed securities, and other real estate
assets.
ASPEN TECH: ATF II Completes Payments to Key Bank Facility
----------------------------------------------------------
As reported on the company's Form 8-K filed on Oct. 2, 2006, Aspen
Technology Inc. and two of its special purpose entities closed a
revolving credit facility for $75 million with Key Bank National
Association; Key Equipment Finance Inc., as Agent; and
Relationship Funding LLC, as CP Issuer.
The special purpose entities the company formed in connection with
this financing transaction are: Aspen Technology Funding 2006-I
LLC, which is a direct subsidiary of the company; and Aspen
Technology Funding 2006-II LLC, which is a direct subsidiary of
ATF I.
Pursuant to a Letter Agreement dated March 28, 2008, Relationship
Funding received payment from ATF II on March 31, 2008, in the
aggregate amount of $12,206,721.12, and Key Equipment Finance
received payment from ATF II in the aggregate amount of
$780,155.39.
The Letter Agreement provides that all obligations under the Loan
Agreement were terminated and satisfied upon completion of these
payments, except for obligations arising under the terms of the
Loan Agreement and other applicable transaction documents that, by
its terms, survive the termination of the Loan Agreement or such
other transaction documents, as applicable. The Letter Agreement
also provides that all of the liens or security interests granted
to the Agent were irrevocably and unconditionally terminated and
released in full.
A full-text copy of the March 28, 2008 Letter Agreement is
available for free at http://researcharchives.com/t/s?2a05
About Aspen Technology
Based in Cambridge, Massachusetts, Aspen Technology Inc.
(Nasdaq:AZPN) -- http://www.aspentech.com/-- provides software
and professional services that help process companies improve
efficiency and profitability by enabling them to model, manage and
control their operations. The company has locations in Brazil,
Malaysia and France.
At March 31, 2007, the company's consolidated balance sheet showed
$273.0 million in total assets, $154.5 million in total
liabilities, and $118.5 million in total stockholders' equity.
The company has not yet completed the preparation of its restated
financial statements necessary to complete its Form 10-K for the
period ended June 30, 2007, and its Form 10-Q for the periods
ended Sept. 30, and Dec. 31, 2007. As previously disclosed, the
company identified errors in its accounting for sales of
installments receivable.
* * *
Moody's Investor Service placed the company's long-term corporate
family rating at B2 and its equity-linked rating at Caa1 in
October 2001. These ratings still hold to date with a stable
outlook.
ATARI INC: Curtis Solsvig Resigns as Chief Restructuring Officer
----------------------------------------------------------------
Following the appointment of Jim Wilson as chief executive officer
and president of Atari Inc., Curtis G. Solsvig III resigned as
Atari's chief restructuring officer effective April 2, 2008.
Mr. Solsvig will continue to provide services to Atari pursuant to
an engagement letter previously entered into between Atari and
AlixPartners LLP, which was retained to assist Atari through its
restructuring process.
About Atari Inc.
Headquartered in New York, Atari Incorporated, (NASDAQ: ATAR) --
http://www.atari.com/-- publishes and distributes interactive
entertainment software in the U.S. The company's 1,000+ published
titles distributed by the company include hard-core, genre-
defining franchises such as Test Drive(R); and mass-market and
children's franchises such Dragon Ball Z(R). Atari Inc. is a
majority-owned subsidiary of France- based Infogrames
Entertainment SA, an interactive games publisher in Europe.
As reported in the Troubled Company Reporter on Feb. 20, 2008,
Atari Inc.'s consolidated balance sheet at Dec. 31, 2007, showed
$43.5 million in total assets and $60.3 million in total
liabilities, resulting in a $16.8 million total stockholders'
deficit.
Going Concern Doubt
New York-based Deloitte & Touche LLP expressed substantial doubt
about Atari's ability to continue as a going concern after
auditing the company's consolidated financial statements for the
year ended March 31, 2007. The auditing firm pointed to the
company's significant operating losses.
As disclosed on March 21, 2008, BlueBay High Yield Investments
(Luxembourg) S.A.R.L., the lender under Atari's senior secured
credit facility, had agreed to extend its forbearance from
exercising its remedies with respect to certain violations of
covenants under the credit facility until the earliest to occur of
(i) March 17, 2008, (ii) additional covenant defaults, other than
the ones existing as the date of the forbearance agreement or
(iii) any action that is viewed to be adverse to the position of
the lender.
This forbearance period has expired and Atari is currently in
discussions with BlueBay with respect to, among other things, an
extension of the forbearance period.
AVIZA TECHNOLOGY: Plans to Terminate 15% Employees Worldwide
------------------------------------------------------------
Aviza Technology Inc. plans significant restructuring following an
analysis of the company's product strategy, served markets and
internal operations.
The restructuring of the company's global workforce, products and
business operations is designed to reduce the company's cost
structure, as well as improve operational execution and financial
performance. Aviza will refocus on its core strengths in the
areas of ALD technology for the sub-45nm nodes, and Etch and PVD
technologies for the fast growing 3D-IC market segments. The end
markets for these products continue to grow and are products in
which Aviza believes it has competitive advantages as demonstrated
by recent wins for ALD in Japan, Etch for MEMS devices and PVD for
power ICs.
Aviza will downsize programs, products and spending related to
trench capacitor technology for DRAMs, and will decrease its
overall dependence on the DRAM market. In addition to shedding
assets that are not core to Aviza's future business plan, Aviza
will cease development of large batch thermal systems for the
trench capacitor market. However, Aviza will continue to service
and support its large global installed base of these products and
will retain the capability to manufacture those systems when
customers require additional units.
"This restructuring effort is designed to allow Aviza to focus on
our core market strengths, shed some underperforming products, and
ultimately position the company for growth," said Jerry Cutini,
Aviza's President and CEO. "We have taken multiple actions to
properly scale our company, including a recent reduction in
workforce, divesting of certain operations such as our machine
shop in the U.K., and focusing our spending on markets and
products that have a clear path for sustainable growth. In doing
so, we expect that Aviza will be better positioned to become
profitable on an ongoing basis." Mr. Cutini concluded, "We feel
confident that the measures we are taking will enable Aviza to
lower its financial break-even point and improve our financial
performance going forward."
The cost of the restructuring program and other one-time charges
is estimated to be in the range of $20 million to $24 million,
primarily attributable to the write down of assets relating to
non-core products which include inventory revaluation,
cancellation of purchase commitments, and fixed assets.
In addition, it includes certain costs relating to an approximate
15% world-wide reduction in force of employees and contractors.
Aviza expects additional savings to occur when the Company vacates
its current location in Scotts Valley, CA and relocates its
headquarters to a more appropriately sized facility in Santa Clara
County. Volume manufacturing will no longer be performed at
Aviza's current location.
Aviza anticipates that the restructuring plan will result in
annualized savings of approximately $16 million to $20 million.
Update to Forecast -- Fiscal 2008
Second Quarter Ended March 28
On Jan. 31, 2008, Aviza provided guidance for the second quarter
of fiscal 2008 and forecasted net sales in the range of $30
million to $35 million, with an operating loss in the range of
approximately $7.0 million to $8.0 million. Aviza anticipates
second quarter results to be towards the low end of this guidance,
excluding any restructuring charges.
Preliminary Forecast -- Fiscal 2008
Third Quarter Ended June 27
Aviza currently anticipates net sales for the third quarter of
fiscal 2008 to be above $36 million. An update to this guidance
will be provided in the press release announcing fiscal 2008
second quarter financial results, tentatively expected to be
released in early May 2008.
About Aviza Technology
Aviza Technology Inc. (NASDAQ: AVZA) -- http://www.aviza.com/--
designs, manufactures, sells and supports advanced semiconductor
capital equipment and process technologies for the global
semiconductor industry and related markets. The Company's systems
are used in a variety of segments of the semiconductor market,
such as advanced silicon for memory devices, advanced 3-D
packaging and power integrated circuits for communications.
Aviza is headquartered in Scotts Valley, Calif., with
manufacturing, R&D, sales and customer support facilities located
in the United Kingdom, Germany, France, Taiwan, China, Japan,
Korea, Singapore and Malaysia.
BEAR STEARNS: Half of Employees To Be Laid Off, Report Says
-----------------------------------------------------------
CNBC's Charlie Gasparino reported Monday that JPMorgan Chase & Co.
is displacing roughly 7,000 of the 14,000 Bear Stearns Companies
Inc. employees, a move by JPMorgan to consolidate the two banks.
Mr. Gasparino said that Bear Stearns' front-office staff will be
notified by April 15, and the back-office staff will get notice in
late April.
However, Dow Jones Newswires reported citing a JPMorgan spokesman
Joe Evangelisti that JPMorgan hasn't decided the exact numbers to
be laid off and the timeframe of the layoffs.
Bear Stearns Companies Inc. has also eliminated half of its 2008
summer internship and job offers following Bear Stearns' buyout by
JPMorgan last month, explaining that there is an overlap of
positions, especially in the investment banking division, various
sources report.
JPMorgan spokesman Brian J. Marchiony says that there are offers
in departments where there is little or no overlap, Gordon Y. Liao
of The Harvard Crimson discloses.
CNNMoney.Com relates that both offers at the college and graduate-
level are affected. Students offered full-time jobs will get their
signing bonus and relocation fees and will be eligible for career
placement services, while Bear Stearns interns, which were not
hired, could receive the 10 weeks of pay they would have received
if they spend their summer working at a non-profit approved by
JPMorgan.
As reported in the Troubled Company Reporter on March 25, 2008,
JPMorgan and Bear Stearns disclosed an amended merger agreement
regarding JPMorgan Chase's acquisition of Bear Stearns, raising
JPMorgan's bid from $2 per share to $10 per share. In addition,
JPMorgan Chase completed its exchange of 95 million newly issued
shares with Bear Stearns common stock, or 39.5% of the outstanding
Bear Stearns common stock after giving effect to the issuance, at
the same price as provided in the amended merger agreement.
Separately, according to Michael Karp, CEO of Options Group CEO, a
financial recruitment and consulting firm, resumes from Bear
Stearns investment bank employees started pouring in after the
$2 per share announcement, as many as 10 to 15 resumes a day
globally, Paritosh Bansal of Reuters reports.
Reuters adds that on Friday, JPMorgan reported that five Bear
Stearns executives were appointed in the investment banking and
trading division out of 26 positions.
JPMorgan is bigger than Bear Stearns' 14,000 workers, employing
180,000 worldwide, including 26,000 in investment banking and
trading, Reuters relates.
About JPMorgan
JPMorgan Chase & Co. (NYSE: JPM) -- http://www.jpmorganchase.com/
-- is a global financial services firm with operations in more
than 60 countries. The firm does investment banking, financial
services for consumers, small business and commercial banking,
financial transaction processing, asset management, and private
equity. A component of the Dow Jones Industrial Average, JPMorgan
Chase serves millions of consumers in the United States and many
of the world's most prominent corporate, institutional and
government clients under its JPMorgan and Chase brands.
About Bear Stearn Companies
New York City-based The Bear Stearns Companies Inc. (NYSE: BSC) --
http://www.bearstearns.com/-- is a leading financial services
firm serving governments, corporations, institutions and
individuals worldwide. The company's core business lines include
institutional equities, fixed income, investment banking, global
clearing services, asset management, and private client services.
The company has approximately 14,000 employees worldwide.
* * *
As reported in the Troubled Company Reporter on Dec. 28, 2007,
Fitch Ratings' affirmed its Negative Outlook for The Bear Stearns
Companies Inc. following the announcement of the company's fiscal
year earnings for 2007.
On Nov. 14, 2007, Fitch affirmed Bear Stearns' long-term credit
ratings, along with its subsidiaries. Fitch also downgraded the
short-term rating to 'F1' from 'F1+', and Individual rating to
'B/C' from 'B'.
BEAR STEARNS: Broker Can Work for Morgan Stanley, Court Rules
-------------------------------------------------------------
U.S. District Court judge Nathaniel Gorton rejected the injunction
request of Bear Stearns Cos. Inc. to stop broker Douglas Sharon,
who managed almost $1 billion in assets, from transfering and
working for competitor Morgan Stanley, Jef Feeley and Janelle
Lawrence of Bloomberg News report.
According to Bear Stearns management, Mr. Sharon defied terms of
an employment contract to provide resignation notice of 90 days,
Bloomberg News reports.
Judge Gorton, however, ruled that Mr. Sharon's "professional
standing" will be negatively affected by barring his career move
while an arbitration inquiry is ongoing.
As reported in the Troubled Company Reporter on March 25, 2008,
JPMorgan Chase & Co. and Bear Stearns disclosed an amended merger
agreement regarding JPMorgan Chase's acquisition of Bear Stearns.
Under the revised terms, each share of Bear Stearns common stock
would be exchanged for 0.21753 shares of JPMorgan Chase common
stock -- up from 0.05473 shares -- reflecting an implied value of
approximately $10 per share of Bear Stearns common stock based on
the closing price of JPMorgan Chase common stock on the New York
Stock Exchange on March 20, 2008. In addition, JPMorgan Chase and
Bear Stearns entered into a share purchase agreement under which
JPMorgan Chase will purchase 95 million newly issued shares of
Bear Stearns common stock, or 39.5% of the outstanding Bear
Stearns common stock after giving effect to the issuance, at the
same price as provided in the amended merger agreement.
New York City-based The Bear Stearns Companies Inc. (NYSE: BSC) --
http://www.bearstearns.com/-- is a leading financial services
firm serving governments, corporations, institutions and
individuals worldwide. The company's core business lines include
institutional equities, fixed income, investment banking, global
clearing services, asset management, and private client services.
The company has approximately 14,000 employees worldwide.
* * *
As reported in the Troubled Company Reporter on Dec. 28, 2007,
Fitch Ratings' affirmed its Negative Outlook for The Bear Stearns
Companies Inc. following the announcement of the company's fiscal
year earnings for 2007.
On Nov. 14, 2007, Fitch affirmed Bear Stearns' long-term credit
ratings, along with its subsidiaries. Fitch also downgraded the
short-term rating to 'F1' from 'F1+', and Individual rating to
'B/C' from 'B'.
BEAR STEARNS: Gets NYSE Nod to Issue 95MM Shares to JPMorgan Chase
------------------------------------------------------------------
The New York Stock Exchange accepted The Bear Stearns Companies
Inc.'s application of the financial viability exception to the
NYSE's shareholder approval policy in connection with the
company's issuance of 95 million shares of its common stock to
JPMorgan Chase & Co. The shares are being issued pursuant to a
share exchange agreement entered into between Bear Stearns and
JPMorgan Chase in connection with the merger agreement between the
parties.
As reported in the Troubled Company Reporter on March 25, 2008,
JPMorgan and Bear Stearns disclosed an amended merger agreement
regarding JPMorgan Chase's acquisition of Bear Stearns. Under the
revised terms, each share of Bear Stearns common stock would be
exchanged for 0.21753 shares of JPMorgan Chase common stock -- up
from 0.05473 shares -- reflecting an implied value of
approximately $10 per share of Bear Stearns common stock based on
the closing price of JPMorgan Chase common stock on the New York
Stock Exchange on March 20, 2008.
In addition, JPMorgan Chase and Bear Stearns entered into a share
purchase agreement under which JPMorgan Chase will purchase 95
million newly issued shares of Bear Stearns common stock, or 39.5%
of the outstanding Bear Stearns common stock after giving effect
to the issuance, at the same price as provided in the amended
merger agreement.
Bear Stearns completed its share exchange with JPMorgan April 8,
2008, according to Dow Jones Newswires.
About JPMorgan
JPMorgan Chase & Co. (NYSE: JPM) -- http://www.jpmorganchase.com/
-- is a global financial services firm with operations in more
than 60 countries. The firm does investment banking, financial
services for consumers, small business and commercial banking,
financial transaction processing, asset management, and private
equity. A component of the Dow Jones Industrial Average,
JPMorgan Chase serves millions of consumers in the United States
and many of the world's most prominent corporate, institutional
and government clients under its JPMorgan and Chase brands.
About Bear Stearn Companies
New York City-based The Bear Stearns Companies Inc. (NYSE: BSC) --
http://www.bearstearns.com/-- is a leading financial services
firm serving governments, corporations, institutions and
individuals worldwide. The company's core business lines include
institutional equities, fixed income, investment banking, global
clearing services, asset management, and private client services.
The company has approximately 14,000 employees worldwide.
* * *
As reported in the Troubled Company Reporter on Dec. 28, 2007,
Fitch Ratings' affirmed its Negative Outlook for The Bear Stearns
Companies Inc. following the announcement of the company's fiscal
year earnings for 2007.
On Nov. 14, 2007, Fitch affirmed Bear Stearns' long-term credit
ratings, along with its subsidiaries. Fitch also downgraded the
short-term rating to 'F1' from 'F1+', and Individual rating to
'B/C' from 'B'.
BEN CASTON: Faces $4 Million Foreclosure from Arkansas Bank
-----------------------------------------------------------
Arkansas National Bank commenced foreclosure action on April 3,
2008, before the Circuit Court of Washington County against Ben
Caston Construction Inc. asserting claims of almost $4 million,
Kim Souza writes for The Morning News in Northwest Arkansas.
The foreclosure action follows the dismissal of the Debtor's
chapter 7 liquidation case filed in October 2007, report says.
Based on court documents, ANB extended a total of $3.53 million to
the Debtor sometime November 2002 to August 2006, reports Morning
News. The report adds that ANB calculates the Debtor's present
total debt at $3.86 million.
Springdale, Arkansas-based Ben Caston Construction Inc. is owned
by Benjamin Franklin Caston & Lois Caston who filed for chapter 11
protection on Jan. 8, 2007 (Bankr. W.D. Ark. Case No. 07-70063).
The Debtor's affiliate, Heber Homes Inc., filed for chapter 11
protection on Jan. 18, 2007 (Bankr. E.D. Ark. Case No. 07-10268).
Ben Caston filed for chapter 11 protection on Feb. 15, 2007
(Bankr. W.D. Ark. Case No. 07-70434). Stanley V. Bond, Esq., at
Bond Law Office is counsel to the Debtor. When the Debtor filed
for bankruptcy, it listed total assets $4,834,448 and total debts
of $4,324,520. According to Northwest Arkansas The Morning News,
Ben Caston filed for chapter 7 liquidation in October 2007, which
was subsequently dismissed by a U.S. Bankruptcy Court.
BH BOULDERS: Files Schedules of Assets and Liabilities
------------------------------------------------------
BH Boulders LP delivered to the United States Bankruptcy Court for
the Central District Of California its schedules of assets and
liabilities disclosing:
Name of Schedule Assets Liabilities
---------------- ----------- -----------
A. Real Property $10,300,000
B. Personal Property 21,913
C. Property Claimed
as Exempt
D. Creditors Holding $8,273,000
Secured Claims
E. Creditors Holding 0
Unsecured Priority
Claims
F. Creditors Holding 1,217,250
Unsecured Nonpriority
Claims
------------ -------------
TOTAL $10,321,913 $9,490,250
Based in Lake Forest, California, BH Boulders LP and its debtor-
affiliate filed for Chapter 11 protection on Feb. 28, 2008 (Bankr.
C.D. Calif. Case No. 08-11342). Donald F. Farrell, Jr., Esq. at
Anderson Aquino, LLP represents the Debtors in their restructuring
efforts.
BLAST ENERGY: Unit Receives $6 Million as Litigation Settlement
---------------------------------------------------------------
Blast Energy Services' subsidiary Eagle Domestic Drilling
Operations and Hallwood Energy LP and Hallwood Petroleum LLC have
signed an agreement to settle the litigation between them for a
total settlement amount to Eagle of approximately $6.4 million.
"This is one of two lawsuits we filed against land rig drilling
customers for breach of contract," John O'Keefe, Blast's CEO,
said. "We believe this settlement with Hallwood will inject
additional cash into the company, reduce our debt obligations and
allow us to focus our efforts on the remaining higher valued claim
against Quicksilver Resources."
Under the terms of this agreement, Hallwood will pay to Eagle
$2.0 million in cash and issue $2.75 million in equity from a
pending major financing and Hallwood has agreed to irrevocably
forgive approximately $1.65 million in Eagle payment obligations
effective immediately. In return, Eagle has agreed to suspend its
legal actions against Hallwood for approximately six months.
Additionally, in the event Hallwood is able to secure an aggregate
of $20 million in bridge financing prior to June 30, 2008,
Hallwood will pay Eagle a $500,000 advance on their cash
obligation. If Hallwood be unable to complete their major
financing by Sept. 30, 2008, Eagle will immediately resume their
legal actions against Hallwood and the $500,000 advance will not
be credited against any future judgment or settlement amounts.
If Hallwood successfully complete their major financing and
satisfy their settlement obligations to Eagle, the parties and
their affiliates will be fully and mutually released from all and
any claims between them. This settlement agreement has been
approved by both companies' board of directors but is subject to
the approval of the Bankruptcy Court.
About Blast Energy
Headquartered in Houston, Blast Energy Services Inc. and its
debtor-affiliate Eagle Domestic Drilling Operations LLC --
http://www.blastenergyservices.com/-- owns and contracts land
drilling rigs to third parties. The Debtor also provides services
relating to drilling rig operations.
Blast Energy owns and develops abrasive jetting intellectual
property, technology and equipment providing downhole production
enhancement and drilling solutions, and satellite broadband access
for Internet, data, email, applications, VoIP and video streaming
as energy industry management tools providing real-time
supervisory control and data acquisition.
The company filed for Chapter 11 protection on Jan. 19, 2007
(Bankr. S.D. Tex. Case No. 07-30424 and 07-30426). H. Rey
Stroube, III, Esq., represent the Debtors. The Official Committee
of Unsecured Creditors is represented by Alan D. Halperin, Esq.,
at Halperin Battaglia Raicht LLP. When the Debtor filed for
protection from its creditors, it listed total assets of
$63,500,851 and total debts of $51,019,486.
BOMBAY COMPANY: Wants to Hire A.S.K. Financial as Special Counsel
-----------------------------------------------------------------
The Bombay Company Inc. and its debtor-affiliates ask permission
from the U.S. Bankruptcy Court for the Northern District of Texas
to employ A.S.K. Financial LLP as their special litigation
counsel.
A.S.K. Financial will collect, analyze, and litigate avoidance
claims that are filed, nunc pro tunc to March 12, 2008, in the
Debtors' Chapter 11 cases.
The Debtors tell the Court that the firm will charge an analysis
fee for performing initial analysis of potential avoidance claims.
The firm will then provide these data to the Debtors and their
Official Committee of Unsecured Creditors to help them decide
which actions are worth pursuing.
The firm will be paid fees on a contingency basis:
-- 15% for all gross collections obtained on cases settled
prior to the filing of a complaint;
-- 27% of all collections obtained on cases settled after the
filing of a complaint, but prior to four weeks before the
scheduled trial date or entry of a judgment; and
-- 35% of all collections obtained on cases settled on the
earlier of four weeks before the scheduled trial date or
entry of a judgment.
The firm says that it is also entitled to be paid its contingency
fee for verified claim waivers that it obtains as part of the
settlement consideration.
Joseph L. Steinfeld, Jr., Esq., a co-managing principal of A.S.K.
Financial, assures the Court that the firm is disinterested, as
that term is defined in Section 101(14) of the U.S. Bankruptcy
Code.
About Bombay Company
Based in Fort Worth, Texas, The Bombay Company Inc., (OTC
Bulletin Board: BBAO) -- http://www.bombaycompany.com/-- designs,
sources and markets a unique line of home accessories, wall d,cor
and furniture through 384 retail outlets and the Internet in the
U.S. and internationally, including Cayman Islands.
The company and five of its debtor-affiliates filed for Chapter 11
protection on Sept. 20, 2007 (Bankr. N.D. Tex. Lead Case No.
07-44084). Robert D. Albergotti, Esq., John D. Penn, Esq., Ian T.
Peck, Esq., and Jason B. Binford, Esq., at Haynes and Boone, LLP,
represent the Debtors. Attorneys at Cooley, Godward, Kronish LLP
act as counsel for the Official Committee of Unsecured Creditors.
Forshey & Prostok LLP is the Committee's local counsel.
As of May 5, 2007, the Debtors listed total assets of $239,400,000
and total debts of $173,400,000.
BRANDYWINE REALTY: Fitch Holds 'BB+' Rating on Preferred Stock
--------------------------------------------------------------
Fitch has affirmed the ratings of Brandywine Realty Trust and
Brandywine Operating Partnership, L.P. as:
-- Issuer Default Rating 'BBB-';
-- Unsecured revolving credit facility 'BBB-';
-- Senior unsecured notes 'BBB-';
-- Preferred stock 'BB+'.
The Rating Outlook has been revised to Stable from Positive.
The ratings are supported by a geographically diversified
portfolio of quality assets including a sizable unencumbered pool,
a solid leasing profile, and financial flexibility including
demonstrated access to a variety of capital sources. These
strengths are tempered by declining trends in debt service
coverage ratios, increased leverage, limited leasing activity
within the company's development pipeline, and declining
fundamentals in some of Brandywine's markets.
Brandywine's acquisition of Prentiss Properties in January 2006
added significant scale and diversity to the company's cash flow
stream. The company also repaid mortgages during 2007 that added
some additional assets to the unencumbered pool. As of Dec. 31,
2007, the company had stabilized assets in the unencumbered pool
with a gross book value of approximately $3.7 billion,
representing over 75% of the total portfolio. Fitch calculated
Brandywine's unencumbered asset coverage to be modestly above 1.5
times at Dec. 31, 2007, which is adequate for the rating category.
However, this is down significantly from 2.1x at June 30, 2005.
The company also maintains a solid leasing profile with a diverse
tenant base that includes many strong credit tenants and a
manageable lease expiration schedule with fewer than 15% of
annualized base rents coming due in any given year. The company's
core portfolio, which excludes assets under development or
redevelopment, was 94.6% leased at Dec. 31, 2007, up significantly
from 91.5% a year earlier. No tenant represents more than 3% of
base rents and 10 of the top 20 tenants have investment grade
ratings from Fitch.
The revision in Outlook to Stable from Positive is driven
primarily by the company's meaningful increase in leverage and
reduced debt service coverage metrics over the past two years
combined with the slow progress in leasing activity within the
development pipeline. These trends are occurring as transaction
activity in most real estate markets has slowed significantly over
the past several months, potentially making it more challenging
for Brandywine to improve these ratios meaningfully in the near
term.
At Dec. 31, 2005, Brandywine's total debt to undepreciated book
capital was 49.8%, and total debt plus preferred stock to
undepreciated book capital was 50.1%. These ratios increased to
55.4% and 57.3%, respectively, at Dec. 31, 2006, and to 56.5% and
58.5%, respectively, at Dec. 31, 2007. While Fitch anticipated
some degree of increased leverage associated with the closing of
the Prentiss acquisition, these levels have risen to the point
that they are consistent with 'BBB-' level debt ratings.
At a 'BBB' stress level, Fitch calculated Brandywine's risk-
adjusted capital ratio to be 0.7x for 2007, down from 0.8x at
Dec. 31, 2005. The decline was driven by the additional debt that
the company has taken on over the past two years as well as the
relatively high capital charges given to office assets.
The company's total interest coverage was 2.2x in 2007, compared
to 2.1x in 2006 and 2.7x in 2005. Fixed-charge coverage was 1.6x
in 2007, 1.6x in 2006, and 1.9x in 2005. These coverage ratios
remain solid for the current ratings.
Based in Radnor, Pennsylvania, Brandywine Realty Trust is a
Real Estate Investment Trust that is primarily engaged in the
acquisition, development, redevelopment, and leasing of office and
industrial real estate. As of Dec. 31, 2007, the company had
$5.2 billion in total book assets. Its portfolio consisted of 216
office properties, 23 industrial facilities, and one mixed-use
project containing an aggregate of 3.7 million net rentable square
feet. The company also has seven properties under development and
seven properties under redevelopment containing an aggregate of
3.7 million net rentable square feet.
BUFFALO PITT: Voluntary Chapter 11 Case Summary
-----------------------------------------------
Debtor: Buffalo Pitt, LLC
210 Federal Street
Pittsburgh, PA 15212
Bankruptcy Case No.: 08-22208
Chapter 11 Petition Date: April 4, 2008
Court: Western District of Pennsylvania (Pittsburgh)
Debtor's Counsel: Robert O. Lampl, Esq.
(rol@lampllaw.com)
960 Penn Avenue, Suite 1200
Pittsburgh, PA 15222
Tel: (412) 392-0330
Fax: (412) 392-0335
http://www.lampllaw.com/
Estimated Assets: $500,000 to $1 million
Estimated Debts: $1 million to $10 million
The Debtor does not have any creditors who are not insiders.
CA INC: Cuts 2,800 Jobs in Expanded 2007 Restructuring Plan
-----------------------------------------------------------
CA, Inc. approved additional cost reduction and restructuring
actions relating to its Fiscal 2007 Restructuring Plan disclosed
in August 2006, meant to improve the company's expense structure
and increase its competitiveness.
The objectives under the Fiscal 2007 Restructuring Plan now
include:
(1) a total workforce reduction of approximately 2,800
positions,
(2) global facilities consolidations, and
(3) other cost reduction initiatives.
CA, Inc. expects to incur additional pre-tax restructuring charges
of approximately $75 million to 100 million, bringing the total
pre-tax restructuring charges that CA, Inc. expects to incur in
connection with the Fiscal 2007 Restructuring Plan to $275 million
to 300 million, including termination costs of approximately $200
million to $215 million and global facilities consolidations of
approximately $75 million to $85 million.
Restructuring in August 2006
As reported in the Troubled Company Reporter on Aug. 15, 2006,
CA Inc. disclosed a fiscal year 2007 cost reduction and
restructuring plan designed to significantly improve the company's
expense structure and increase its competitiveness. The plan's
objectives included a workforce reduction of approximately 1,700
positions, including 300 positions associated with consolidated
joint ventures, and global facilities consolidations and other
cost reduction initiatives, which CA expected to deliver about
$200 million in annualized savings when completed in late fiscal
year 2008.
The company expected to incur pre-tax restructuring charges of
$200 million associated with the workforce reductions and
facilities consolidations, with the majority of these charges to
be incurred over the next two quarters. The company also expected
to implement other programs over the remainder of its fiscal year
to further reduce costs throughout the organization including
tighter control of travel and a reduction in the use of
consultants.
The company estimated that half of the workforce reductions will
take place in North America.
"CA's senior management is focused on making the company's cost
structure competitive with that of its peers and aligning it with
CA's strategic market opportunities and initiatives," said Michael
Christenson, CA's chief operating officer. "The initiative we
announced today reflects our ongoing commitment to improve the
efficiency of our operations, reduce our operating expenses,
improve our rate of return on invested capital and deliver a
stronger bottom-line performance."
About CA Inc.
Based in Islandia, New York, CA Inc. (NYSE:CA) --
http://www.ca.com/-- is an information technology management
software company that unifies and simplifies the management
ofenterprise-wide IT. Founded in 1976, CA serves customers in
more than 140 countries. The company has operations in Brazil,
Indonesia, Luxembourg, Philippines and Thailand.
* * *
As reported in the Troubled Company Reporter on Dec. 19, 2007,
Fitch Ratings affirmed these ratings of CA, Inc., including Issuer
Default Rating at 'BB+'; Senior unsecured revolving credit
facility at 'BB+'; and Senior unsecured debt at 'BB+'.
Additionally, Fitch revised the Rating Outlook on CA Inc. to
Stable from Negative. Fitch's actions affect about $2.8 billion
of total debt, including the company's $1.0 billion revolving
credit facility.
CAPCO ENERGY: Case Summary & 20 Largest Unsecured Creditors
-----------------------------------------------------------
Lead Debtor: Capco Energy, Inc.
fka Amco Petroleum, Inc.
1800 West Loop South, Suite 1925
Houston, TX 77027
Bankruptcy Case No.: 08-32282
Type of Business: The Debtor is a publicly traded oil & gas
exploration and production company, which
explores for, acquires, develops, and operates
oil and gas producing properties in the Gulf of
Mexico, Texas, and Mid-Continent areas of the
United States. See http://www.capcoenergy.net/
Debtor-affiliates filing separate Chapter 11 petitions:
Entity Case No.
------ --------
Capco Asset Management, Inc. 08-32283
Capco Operating Corp. 08-32284
AMCO Energy, Inc. 08-32285
Capco Offshore of Texas, Inc. 08-32286
Packard Gas Co. 08-32288
Solano Well Services, LLC 08-32289
Chapter 11 Petition Date: April 7, 2007
Court: Southern District of Texas (Houston)
Judge: Karen K. Brown
Debtors' Counsel: Craig Harwyn Cavalier, Esq.
(ccavalier@cavalierlaw.com)
3355 West Alabama, Suite 1160
Houston, TX 77098
Tel: (713) 621-4720
Fax: (713) 621-4779
http://www.cavalierlaw.com/
Capco Energy, Inc's Financial Condition:
Estimated Assets: $1 million to $10 million
Estimated Debts: $1 million to $10 million
A. Debtor's 20 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
------ --------------- ------------
Vince Murchinson Attorney for-Hoactzin $2,072,759
Patton Boggs, LLP Partners, L.P.
2001 Ross Avenue, Suite 3000
Dallas, TX 75201
Nabors Offshore Corp. General Unsecured $1,157,250
515 West Greens Road,
Suite 500
Houston, TX 77067
Texas General Land Office General Unsecured $745,007
1700 North Congress Avenue
Austin, TX 78701
Omimex General Unsecured $422,692
2001 Beach Street, Suite 810
Fort Worth, TX 76103
Hunt Chieftain Development, LP General Unsecured $360,551
P.O. Box 848018
Dallas, TX 75284-8018
Wood Group Production General Unsecured $340,028
Services, Inc.
Coastal Production Services
P.O. Box 203372
Houston, TX 77216-3372
Merit Energy General Unsecured $278,498
13727 Noel Road, Suite 500
Dallas, TX 75240
REC Marine Logistics General Unsecured $243,594
Energy Resource Tech General Unsecured $239,277
Production Wireline & General Unsecured $234,044
Cased Hole Services Group, LLC
Walter Oil & Gas Corp. General Unsecured $207,236
Production Service Network General Unsecured $183,497
Harvest Oil and Gas, LLC General Unsecured $173,812
Helis Oil & Gas Co., LLC General Unsecured $171,555
Energy Partners, Ltd. General Unsecured $169,254
Gerald Nichols General Unsecured $150,000
Hercules Liftboat Co., LLC General Unsecured $136,526
Wise Well Intervention General Unsecured $128,081
Services, Inc.
Moncla Well Services, Inc. General Unsecured $108,627
E20on Mobil General Unsecured $107,415
B. Capco Asset Management, Inc. did not file a list of its largest
unsecured creditors.
C. Capco Operating Corp. did not file a list of its largest
unsecured creditors.
D. AMCO Energy, Inc. did not file a list of its largest unsecured
creditors.
E. Capco Offshore of Texas, Inc.did not file a list of its largest
unsecured creditors.
F. Packard Gas Co. did not file a list of its largest unsecured
creditors.
G. Solano Well Services, LLC did not file a list of its largest
unsecured creditors.
CARLYLE CAPITAL: Bedell Cristin Asked to Provide Legal Advice
-------------------------------------------------------------
Mark Helyar, Esq., and Christopher Anderson, Esq., of Bedell
Cristin in Guernsey, Channel Islands, have been appointed by
Begbies Traynor (Jersey) Limited, liquidators of Carlyle Capital
Corporation Limited, as local counsel. Bedell Cristin will
provide legal advice on the liquidation of CCC.
Court applications in Guernsey on March 17 and March 18 led to the
appointment of four liquidators from Begbies Traynor to act on
behalf of the stricken Guernsey registered fund, which is listed
on the Euronext Amsterdam exchange.
CCC is one of the latest high profile collapses arising from
recent global market turmoil. With reported predominantly
residential mortgage assets on February 27 of $21.7 billion,
CCC is by far the largest and internationally high profile
compulsory liquidation ever brought before Guernsey's courts.
"Our team is working closely and intensively with the
liquidators and counsel in Guernsey, London, New York and
Holland, together with the relevant regulatory and listing
authorities, to facilitate the orderly liquidation of CCC's
remaining assets," Bedell Cristing managing partner Mark Helyar,
Esq., said.
According to a report by TheLawyer.Com, Jay Goffman, Esq., at
Skadden Arps Slate Meagher & Flom is engaged to assist CCC and
Carlyle Investment Group in the U.S. while Wim Hazeleger, Esq., at
Linklaters Law Firm will assist CCC and its liquidator with the
Dutch legal matters.
About Carlyle Capital
Carlyle Capital Corporation Limited (Euronext Amsterdam: CCC;
ISIN: GG00B1VYV826) -- http://www.carlylecapitalcorp.com/-- is
a Guernsey investment company that was formed on Aug. 29, 2006.
It is a closed-end investment fund domiciled and registered as a
limited company under the laws of Guernsey, Channel Islands.
The company invests in a diversified portfolio of fixed income
assets including high-grade mortgages and credit products. The
company's day-to-day activities and investment portfolio are
managed by Carlyle Investment Management LLC, whose investment
professionals have extensive experience in the areas of mortgage
finance, leveraged finance, capital markets transaction
structuring and risk/portfolio management.
CIM manages the company pursuant to a management agreement. CIM
is a registered investment adviser under the U.S. Investment
Advisers Act of 1940 and is an affiliate of The Carlyle Group.
The company was put into compulsory liquidation on March 17,
2008, under the Companies Law in Guernsey after failing to meet
margin calls and receiving default notices from lenders.
CASA DE CAMBIO: Wants to Hire Luis V. Echeverria as Consultant
--------------------------------------------------------------
Casa de Cambio Majapara S.A. de C.V. seeks permission from the
U.S. Bankruptcy Court for the Northern District of Illinois to
employ Luis V. Echeverria as consultant and foreign representative
in its insolvency and bankruptcy proceedings in the United States
and in Mexico.
Mr. Echeverria is the president and CEO of JOM Corp., which is a
registered money transmitter and was a customer of the Debtor
before the bankruptcy filing.
Mr. Echeverria, efficient in reading, writing and speaking Spanish
and English, will:
a) advise and assist the Debtor with the administration of its
estate, operation of its business and management of its
properties;
b) consult the Debtor regarding the disposition of its assets
and take actions, as may be necessary, to effectuate those
dispositions;
c) coordinate and take any actions in foreign countries,
including the commencement and oversight of ancillary
insolvency proceedings in Mexico;
d) represent the Debtor with respect to inquiries and
negotiations relating to its creditors and property of its
estate;
e) assist the Debtor with the formulation and confirmation of a
plan of reorganization;
f) participate on behalf of the Debtor in all proceedings
before the United states Bankruptcy Court and any other
Court including Courts in Mexico; and
g) perform any and other consulting or representive services on
behalf of the Debtor in the proper administration of the
Debtor's estate.
Mr. Echeverria relates that the Debtor agreed to pay his standard
hourly rate of $550 and will reimburse out-of-pocket expenses
incurred in relation to the consulting services.
The Debtor proposes to pay Mr. Escheverria a flat fee of $100,000
for services rendered between the bankruptcy filing to June 30,
2008.
Mr. Echeverria assures the Court that he is a "disinterested
person" as that term is defined in Section 101(14) of the
Bankruptcy Code.
Headquartered in Mexico City, Casa de Cambio Majapara S.A. de C.V.
aka Majapara Casa de Cambio is engaged in financial transactions
processing, reserve, and clearing house activities. The company
filed for Chapter 11 protection on March 5, 2008 (Bankr. N.D.
Illinois). Andrew L. Wool, Esq., at Katten Muchin Rosenman, LLP,
in Chicago, Illinois, represent the Debtor. When the Debtor filed
for protection from its creditors, it listed assets and debts
between $10 million to $50 million.
CATHOLIC CHURCH: Tort Claims Against Davenport May Be Estimated
---------------------------------------------------------------
The Diocese of Davenport and its Official Committee of Unsecured
Creditors obtained approval from the U.S. Bankruptcy Court for the
Southern District of Iowa to estimate tort claims for voting
purposes.
As reported in the Troubled Company Reporter on March 3, 2008,
Hamid R. Rafatjoo, Esq., at Pachulski Stang Ziehl & Jones LLP, in
Los Angeles, California, relates that as of the July 16, 2007
claims bar date, 154 tort claims were filed in the bankruptcy
case. Six additional claims were filed after the Bar Date.
Prior to the bankruptcy filing, one Tort Claim was liquidated for
$1,600,000 after a jury trial in the U.S. District Court for
Scott County. The Diocese dispute that Tort Claim, Mr. Rafatjoo
says. Thus, as of Feb. 12, 2008, all Tort Claims are
unliquidated or disputed, and would be affected by the request.
Pursuant to Section 157(b)(2) of the Judiciary and Judicial
Procedures Code, Section 502(c) of the Bankruptcy Code and Rule
3018(a) of the Federal Rules of Bankruptcy Procedure, the Diocese
and the Creditors Committee propose that all Tort Claims, which
have not been disallowed, be temporarily allowed and estimated at
$1 per claim.
Mr. Rafatjoo contends that the request is not for distributions
from the bankruptcy estate, but is limited to temporary allowance
and estimation of Tort Claims for voting to accept or reject the
Joint Plan of Reorganization recently filed by the Diocese and
the Creditors Committee.
The Creditors Committee has considered the impact of the proposed
estimation, and the fact that individuals, who assert large
monetary claims will be impacted by equating their votes with
those with smaller claims, Mr. Rafatjoo discloses. The Creditors
Committee, however, considered the factor and support the request
based on the cost and time savings, which will realized by the
proposed estimation process.
About Diocese of Davenport
The Diocese of Davenport in Iowa filed for chapter 11 protection
(Bankr. S.D. Ia. Case No. 06-02229) on Oct. 10, 2006. Richard A.
Davidson, Esq., at Lane & Waterman LLP, represents the Davenport
Diocese in its restructuring efforts. Hamid R. Rafatjoo, Esq.,
and Gillian M. Brown, Esq., at Pachulski Stang Zhiel Young Jones &
Weintraub LLP represent the Official Committee of Unsecured
Creditors. In its schedules of assets and liabilities, the
Davenport Diocese reported $4,492,809 in assets and $1,650,439 in
liabilities. The Court approved on April 3, 2008, the Diocese of
Davenport's second amended disclosure statement explaining its
joint plan of reorganization. The Committee is a proponent to the
plan. The confirmation hearing of the Debtor's plan will start on
April 30, 2008. (Catholic Church Bankruptcy News, Issue No. 121;
Bankruptcy Creditors' Service Inc.; http://bankrupt.com/newsstand/
or 215/945-7000).
CATHOLIC CHURCH: US Trustee Seals Names of Fairbanks Panel Members
------------------------------------------------------------------
Robert D. Miller, Jr., acting United States Trustee for Region 18,
has appointed an Official Committee of Unsecured Creditors in the
bankruptcy case of the Catholic Bishop of Northern Alaska, aka The
Roman Catholic Diocese of Fairbanks in Alaska. The U.S. Trustee
filed with the U.S. Bankruptcy Court for the District of Alaska
documents relating to the appointment under seal.
Judge Donald MacDonald, IV, directed the Office of the U.S.
Trustee to serve copies of the sealed appointment on the Catholic
Bishop of Northern Alaska, and all appointees to the Committee.
About Diocese of Fairbanks
The Roman Catholic Diocese of Fairbanks in Alaska, aka Catholic
Bishop of Northern Alaska, aka Catholic Diocese of Fairbanks, aka
The Diocese of Fairbanks, aka CBNA filed for chapter 11 bankruptcy
on March 1, 2008 (Bankr. D. Alaska Case No. 08-00110). Susan G.
Boswell, Esq., at Quarles & Brady LLP represents the Debtor in its
restructuring efforts. Michael R. Mills, Esq., of Dorsey &
Whitney LLP serves as the Debtor's local counsel and Cook,
Schuhmann & Groseclose Inc. as its special counsel. Judge Donald
MacDonald, IV, of the United States Bankruptcy Court for the
District of Alaska presides over Fairbanks' Chapter 11 case. The
Debtor's schedules show total assets of $13,316,864 and total
liabilities of $1,838,719. The church's exclusive plan filing
period expires on June 29, 2008. (Catholic Church Bankruptcy
News, Issue No. 121; Bankruptcy Creditors' Service, Inc.,
http://bankrupt.com/newsstand/or 215/945-7000).
CATHOLIC CHURCH: Dorsey & Whitney Ok'd as Fairbank's Local Counsel
------------------------------------------------------------------
Donald J. Kettler, sole Director of the Catholic Bishop of
Northern Alaska, and bishop of the Diocese of Fairbanks, obtained
permission from the U.S. Bankruptcy Court for the District of
Alaska to employ Dorsey & Whitney LLP as its local and special
counsel, nunc pro tunc to the bankruptcy filing.
As reported in the Troubled Company Reporter on March 11, 2008,
Michael R. Mills, Esq., of Dorsey & Whitney, has represented many
Chapter 11 debtors in the state of Alaska, and his experience and
expertise will be beneficial to the Diocese, relates Susan G.
Boswell, Esq., at Quarles & Brady LLP, in Tucson, Arizona, the
Diocese's proposed counsel. She discloses that Dorsey & Whitney
has represented the Diocese prepetition, and that all of its fees
and costs have been paid in full. Hence, Dorsey & Whitney is not
a creditor of the bankruptcy estate.
Dorsey & Whitney will be paid in its standard hourly rates, and
will be reimbursed for expenses incurred in relation to its
retention. Michael R. Mills, as primary attorney will be paid
$320 per hour, while Michele Droege, a paralegal, will be paid
$160. Hourly rates of others working on the bankruptcy case may
vary depending on their experience and expertise.
Ms. Boswell discloses that Dorsey & Whitney is currently holding
a retainer of $6,412. Any application of the retainer will be
subject to Court approval, including approval of any monthly
payment procedures.
Mr. Mills assures the Court that Dorsey & Whitney is a
"disinterested person" within the meaning of Sections 101(13),
328 and 1103(b) of the Bankruptcy Code.
About Diocese of Fairbanks
The Roman Catholic Diocese of Fairbanks in Alaska, aka Catholic
Bishop of Northern Alaska, aka Catholic Diocese of Fairbanks, aka
The Diocese of Fairbanks, aka CBNA filed for chapter 11 bankruptcy
on March 1, 2008 (Bankr. D. Alaska Case No. 08-00110). Susan G.
Boswell, Esq., at Quarles & Brady LLP represents the Debtor in its
restructuring efforts. Michael R. Mills, Esq., of Dorsey &
Whitney LLP serves as the Debtor's local counsel and Cook,
Schuhmann & Groseclose Inc. as its special counsel. Judge Donald
MacDonald, IV, of the United States Bankruptcy Court for the
District of Alaska presides over Fairbanks' Chapter 11 case. The
Debtor's schedules show total assets of $13,316,864 and total
liabilities of $1,838,719. The church's exclusive plan filing
period expires on June 29, 2008. (Catholic Church Bankruptcy
News, Issue No. 121; Bankruptcy Creditors' Service, Inc.,
http://bankrupt.com/newsstand/or 215/945-7000).
CATHOLIC CHURCH: Counsels Agree to Mediation in Portland's Case
---------------------------------------------------------------
In a letter sent to the U.S. Bankruptcy Court for the District of
Oregon, Erin K. Olson, Esq., at the Law Office of Erin Olson,
P.C., in Portland, Oregon, notifies the Hon. Elizabeth L. Perris
that all participating counsel have agreed to a mediation before
Federal Magistrate Judge John V. Acosta beginning April 16, 2008,
to resolve issues on disclosure of certain documents.
Ms. Olson represents certain parties alleging claims against the
Archdiocese of Portland in Oregon, related to clergy abuse.
About Archdiocese of Portland
The Archdiocese of Portland in Oregon filed for chapter 11
protection (Bankr. Ore. Case No. 04-37154) on July 6, 2004.
Thomas W. Stilley, Esq., and William N. Stiles, Esq., at Sussman
Shank LLP, represent the Portland Archdiocese in its restructuring
efforts. Albert N. Kennedy, Esq., at Tonkon Torp, LLP, represents
the Official Tort Claimants Committee in Portland, and scores of
abuse victims are represented by other lawyers. David A. Foraker
serves as the Future Claimants Representative appointed in the
Archdiocese of Portland's Chapter 11 case. In its Schedules of
Assets and Liabilities filed with the Court on July 30, 2004, the
Portland Archdiocese reports $19,251,558 in assets and
$373,015,566 in liabilities.
The Court approved the Debtor's disclosure statement explaining
its Second Amended Joint Plan of Reorganization on Feb. 27, 2007.
On April 17, 2007, the Court confirmed Portland's 3rd Amended
Plan. On Sept. 28, 2007, the Court entered a final decree closing
Portland's case. The case was subsequently reopened at Ms.
Olson's request of further case administration.
The Hon. Elizabeth L. Perris reopened the bankruptcy case of the
Archdiocese of Portland in Oregon for further administration.
Erin K. Olson, Esq., at the Law Office of Erin Olson, P.C.,
previously asked the Court to reopen the case to resolve certain
issues, including her request to unseal, and file in redacted
form, the documents and accompanying exhibits filed as Docket Nos.
4765 and 4766 in the bankruptcy case. (Catholic Church Bankruptcy
News, Issue No. 121; Bankruptcy Creditors' Service, Inc.,
http://bankrupt.com/newsstand/or 215/945-7000).
CELL THERAPEUTICS: Scott Stromatt Resigns as EVP of Clinical Dev't
------------------------------------------------------------------
Scott C. Stromatt, M.D. voluntarily resigned from his position
with Cell Therapeutics Inc. as executive vice president of
Clinical Development and Regulatory Affairs, effective April 4,
2008.
Dr. Stromatt and the company entered into a Severance Agreement
and General Release on April 3, 2008, in connection with his
departure. Pursuant to the Agreement, Dr. Stromatt:
i) agreed to release the company and certain related parties,
including the company's officers, directors and employees,
from all claims and liabilities under federal and state laws
arising prior to the separation date and reaffirmed that he
will continue to abide by the confidentiality and trade
secrets provisions of his Employee Agreement dated Jan. 27,
2003, which provisions will survive the Agreement,
ii) will receive $291,666.66, which is equivalent to ten months
of pay, at his current annual wage, paid in two formats: one
lump sum payment of $87,500.04, and 14 semi-monthly payments
of $14,583.33,
iii) will receive a one-time payment of $15,000 to assist with
transitioning to new health insurance,
iv) will be paid for all accrued and unused vacation through
April 4, 2008, and
v) will discontinue vesting in any stock option grants or
restricted stock grants on April 4, 2008, with the exception
of 60,161 shares of restricted stock, which will forward
vest upon Dr. Stromatt's assisting the company with its
response letter to the European Regulatory Agency pursuant
to the terms of the Agreement.
About Cell Therapeutics
Based in Seattle, Cell Therapeutics Inc. (NasdaqGM: CTIC) --
http://cticseattle.com/-- is a biopharmaceutical company
committed to developing an integrated portfolio of oncology
products aimed at making cancer more treatable.
* * *
As reported in the Troubled Company Reporter on March 31, 2008,
Cell Therapeutics Inc.'s consolidated balance sheet at Dec. 31,
2007, showed $73.5 million in total assets, $181.4 million in
total liabilities, and $26.2 million in no par value convertible
preferred stock, resulting in a $134.1 million total stockholders'
deficit.
CHATEAUX FRAMING: Voluntary Chapter 11 Case Summary
---------------------------------------------------
Debtor: Chateaux Framing, Inc.
3701 Georgeann Pl.
Ceres, CA 9530
Bankruptcy Case No.: 08-90575
Type of Business: The Debtor provides carpentry work.
Chapter 11 Petition Date: April 4, 2008
Court: Eastern District of California (Modesto)
Judge: Robert S. Bardwil
Debtor's Counsel: David C. Johnston, Esq.
(djohnston@gianelli-law.com)
Gianelli & Associates
P.O. Box 3212
Modesto, CA 95353
Tel: (209) 521-6260
http://www.gianelli-law.com/
Estimated Assets: $100,000 to $1 million
Estimated Debts: $1 million to $10 million
The Debtor did not file a list of its largest unsecured creditors.
CHRYSLER LLC: Plastech Can Get Funding from Lender Consortium
-------------------------------------------------------------
Crain's Detroit Business and The Detroit Free Press report that
the Honorable Phillip Shefferly of the U.S. Bankruptcy Court for
the Eastern District of Michigan has granted Plastech Engineered
Products, Inc., and its debtor-affiliates authorization to:
i) transfer the DIP facility to a new lender selected and
formed by their Debtors' major customers General Motors
Corporation, Ford Motor Company, Johnson Controls Inc.; and
ii) continue to draw under the interim facility provided provide
for a continuation of the interim postpetition facility
provided by Bank of America, N.A., pending the transfer.
A draft amendment, dated March 31, 2008, to the Postpetition Loan
and Security Agreement signed by Plastech and Bank of America
provides that the maturity date of the revolving credit
facility will be extended to April 30, 2008, and the maximum
amount available under the facility will be raised to $51,500,000
equal to:
-- $44,703,000, plus
-- additional amounts delivered by the major customers.
A full-text copy of the proposed Fifth Amendment to the DIP
Agreement is available for free at:
http://researcharchives.com/t/s?2a08
Crain's Detroit Business said Judge Shefferly approved the
transfer of post-April 30 financing responsibilities to
Plastech's major customers -- GM, Ford, Johnson Controls and
possibly Chrysler. Details of the agreement