Showing posts with label Chapter. Show all posts
Showing posts with label Chapter. Show all posts

Sunday, July 22

Stockton, Calif. files for Chapter 9 bankruptcy

SAN FRANCISCO — Stockton, California, became the largest city to file for bankruptcy in U.S. history on Thursday, after years of fiscal mismanagement and a housing market crash left it unable to pay its workers, pensioners and bondholders.

The filing by the city of 300,000 people followed three months of confidential talks with its creditors aimed at averting bankruptcy.

"We are now a Chapter 9 debtor," Marc Levinson, the lawyer who filed the city's voluntary petition in the Eastern District of California, in Sacramento (Case 12-32118) told Reuters.

Pleadings in support of Stockton's eligibility for Chapter 9 bankruptcy will be filed on Friday, Levinson said.

Stockton, which officially declared insolvency and its desire to restructure its debt, also filed a separate list of its major unsecured creditors.

The California Public Employees' Retirement System, which manages Stockton's pension plan, tops the list. The retirement system has a $147.5 million claim for unfunded pension costs.

Other top creditors include investors holding $124.3 million of Stockton's pension obligation bonds, $40.4 million of the city's variable rate demand obligations, $35.1 million of the city's public facilities fees bonds and $31.6 million of the city's parking garage debt.

Wells Fargo Bank NA is listed as the trustee for the investors.

"We are extremely disappointed that we have been unable to avoid bankruptcy," Mayor Ann Johnston said in a statement. "This is what we must do to get our fiscal house in order and protect the safety and welfare of our citizens."

Negotiations with creditors ended on Monday with Stockton failing to win enough concessions to help close its shortfall for the fiscal year starting on July 1. The city will also file a motion to request permission to share information from the confidential mediation process.

Healthcare to be phased out, pensions unchanged
The Chapter 9 bankruptcy filing, a rare event for U.S. municipal debt issuers, was left as the only option to close a deficit of $26 million in Stockton's budget for its the new fiscal year, according to city officials.

The budget approved on Tuesday by Stockton's city council suspends $10.2 million in debt payments and cuts employee compensation and retiree benefits by $11.2 million to help close the deficit.

About $7 million in savings would come from cutting retiree medical benefits for one year.

While the retiree medical benefits will eventually be eliminated, Stockton plans to leave its public pensions unchanged while in bankruptcy proceedings. Attempts to pare them would invite long and expensive challenges.

Stockton becomes the nation's most populous city to file for Chapter 9 bankruptcy. But Jefferson County, Alabama, remains the biggest municipal bankruptcy in terms of debt outstanding, as it had a debt load exceeding $4 billion when it filed in 2011. Stockton has about $700 million in bond debt.

Stockton has suffered a sharp drop in revenue since the collapse of its once red-hot housing market, forcing it to cut more than $90 million in spending in recent years.

The housing boom transformed the farming city into a distant bedroom community of the San Francisco Bay area, and the bust put it at, or near, the top of national foreclosure rankings in recent years.

Standard & Poor's Ratings Services downgraded Stockton to default from selective default on Wednesday, citing the city's move toward bankruptcy and expectations that it will not substantially pay all of its obligations as they come due.

Moody's Investors Service on Wednesday cut to 'Caa3' various general fund-supported debts of the city, putting the ratings in the "substantial risk" category, one notch above the "may be in default, extremely speculative" grouping. Moody's said its move was based on Stockton's bankruptcy budget.

(c) Copyright Thomson Reuters 2012.

Sunday, January 29

Chapter 11 might not be final one for Kodak

Chapter 11 might not be final one for Kodak
Gary Cameron / Reuters


Kodak invented digital photography, but was slow to recognize the shift away from film and even away from cameras.


January has been quite a month for iconic brands going belly-up. First Hostess Brands, maker of that oblong, creme-filled snack cake emblazoned in many a childhood memory, filed for Chapter 11 bankruptcy protection. And in the early hours of Thursday morning, so did Eastman Kodak Co., the 131-year-old stalwart that dominated the market for camera film until the advent of digital cameras crushed demand for it.


But all is not necessarily lost for Kodak, experts say. Like Polaroid before it, the Kodak name still has cachet with professional photographers and hobbyists who don’t want to go digital, and Kodak’s intention to sell some 1,100 digital patents and forge ahead with lawsuits seeking royalties from Apple, Research in Motion and HTC could be lucrative.


Still, its focus on rebuilding its business as one that sells printers and its pension obligations to retirees could bring the company closer to a death rattle. While it has $5.1 billion in assets, it owes a whopping $6.75 billion to creditors like Bank of New York Mellon, Sun Chemical, Sony Studios and Warner Brothers.


“It’s really up in the air at the moment,” said Rita McGrath, a professor of management at Columbia Business School and an expert in company growth and innovation. “There was this last ditch, hail Mary effort to sell the patents to generate enough cash to keep the place from cratering. Now that that’s happened, it’s an opportunity for a fresh look. If a new leader comes in who can do something really remarkable with the technology they have, then the employees might have a new place to go to.”


Kodak made $3 billion in licensing revenue from 2003 to 2010, but its patent portfolio earnings shrank to just $98 million in 2011. In its bankruptcy filing, however, Kodak stated that it “anticipates substantial future revenue from licensing its intellectual property for use in smartphones and tablets that employ digital cameras, as well as in next-generation products that utilize Kodak technology.”


And while 75 percent of its revenue in 2011 came from its digital business, which includes inkjet printers, commercial inkjet printing systems and self-service photo kiosks, Kodak operated at a loss for all but one year since 2005. They “spent several decades in denial, despite incredible scientific and technical prowess,” said McGrath. “The time to take action was back in 1980.”


Other experts say Kodak did what it could to enter the digital photography space but didn’t anticipate the speed with which the technology would take off, and in particular the way multifunction smartphones have usurped demand for standalone cameras and camcorders. Kodak was not the only company to feel the burn from iPhone and Android smartphones equipped with cameras. Just look at Cisco, which made the decision to discontinue its popular Flip portable video cameras, said Euromonitor research analyst Howard Telford. “It’s impacting a lot of companies that operate in the portable side of consumer electronics," he said.


Regardless of where Kodak went wrong, the fate of its patents depends on its bankuptcy case now, said McGrath. A bankruptcy judge could decide to unload the intellectual property quickly in a "fire sale" or the judge could decide that a commitment to restructuring is worth holding out for higher prices. 


And while many have criticized Kodak’s decision in recent years to focus on the already saturated printer market at the behest of Chief Executive Antonio Perez, who formerly headed up printing giant Hewlett Packard, not everyone agrees that it should pull out of that arena completely. 


Mark Kaufman, an independent analyst who covers Kodak, sees a silver lining in the fact that Kodak’s high-speed commercial inkjet printers are finally being purchased by publishers abroad. Kodak's proprietary technology allows publishers to print multiple versions of a book without changing the plates, a money-saver in times when publishers don't sell as many copies of print books as they used to.


And while the U.S. market may be all about iPads and e-readers, it’s not necessarily so in other countries, where Kodak is already embedded in business-to-business printing. “The world isn’t New York City,” he said. "Are you outfitting students in China and India with iPads? It’s still a very vibrant growth market.”


Below, NBC's Brian Williams reports on the Kodak filing.


View the original article here

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