Company’s alleged elimination of guarantees, “impermisible out-of-court restructuring”

Caesars bankruptcy plan suffers setback in court

2015-01-20
Reading time 51 seg
(US).- A federal judge has dealt Caesars Entertainment Corp’s bankruptcy reorganization a possibly fatal blow in ruling that the company violated federal law when it shuffled assets and refinanced debt as part of an alleged scheme to protect itself from lower-ranking creditors.

The ruling came in a related lawsuit in Manhattan on the same day that the casino company sought bankruptcy protection last week in Chicago for its Caesars Entertainment Operating Co. unit. U.S. District Judge Shira Scheindlin rebuffed an attempt by the unit to dismiss the suit, which had been filed by shareholders. Scheindlin said their allegations about the transfer of valuable properties away from the unit in August -- and the parent company’s removal of guarantees for creditors -- amount to a violation of the federal Trust Indenture Act of 1939.

Because Scheindlin’s opinion didn’t completely dispose of the lawsuit, Caesars can’t appeal now unless the judge gives them permission. The company said in an e-mailed statement that it disagrees with the ruling, “which was based simply on the plaintiffs’ allegations” and which “we believe is inconsistent with the provisions of the Trust Indenture Act.”

“Given the size of the claims at issue and our strong defenses, we do not expect the ruling to impact the planned reorganization,” spokesman Stephen Cohen said in the statement.

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