November 15, 2024
Business

Eastern’s fate could be decided today

BANGOR – With no new money formally secured to keep bankrupt Eastern Pulp and Paper Co.’s two mills warm beyond this week, and no substantive offer to buy the facilities on the table, it remained anyone’s guess Tuesday as to whether the company can be saved during a bankruptcy court hearing scheduled today.

Lately, the only paper produced in relation to the company with mills in Lincoln and Brewer has been volumes of court documents filed by dozens of attorneys who want a bankruptcy judge to be aware of what their clients – including lenders, the state and unions – think should happen.

Most of those filings are objections to the pending actions of Eastern Pulp’s trustee, Bangor attorney Gary Growe. Within the last week, Growe has filed a notice to abandon the mills effective today if there wasn’t any more money available to keep the facilities warm. He has also filed a notice asking for permission to keep the mills warm for a limited period of time while a buyer is wooed.

On the surface, according to an attorney who did not want to be identified, Growe’s requests appear to be contradictory. But they’re not, he said.

Growe’s filings technically are called “alternative and inconsistent” requests, and only one of them could be acted on first depending on the scenario at hand when court convenes at 11 a.m. If there’s money to keep the mills warm, the judge will be asked to allow that to happen for a limited time period. If there isn’t any money, he’ll be asked to abandon them.

“Realistically, one of two things could happen [today],” Growe said. “Either the entire matter will be resolved in 15 minutes or we’ll be there [in court] well into the night.”

The money to maintain the mills in what’s called a “warm stasis” mode was to run out today. But Growe said Tuesday that some money could be lent to pay for heating oil, electricity and other expenses associated with protecting the machinery and equipment from breaking down for a couple of more days.

“I have no commitments to go beyond that,” Growe said.

According to court documents, the Libra Foundation is considering lending $300,000 to pay for heating oil. That money is in addition to what Growe has available.

But one of Eastern’s major lenders, Congress Financial Corp. of New York City, objected to the Libra loan, stating that it would just be another administrative expense on top of the millions Eastern owes not only to Congress but also to other lenders. Congress is owed about $40 million, and Eastern has accumulated about $9 million in debt while it has been in bankruptcy.

Eastern Pulp’s mills are Lincoln Pulp and Paper Co. in Lincoln and Eastern Fine Paper Co. in Brewer. On Feb. 4, Eastern Pulp’s bankruptcy status was converted from Chapter 11 protection from creditors to Chapter 7 or liquidation, and 750 people lost their jobs. The company, in bankruptcy since September 2000, ceased to exist and Growe was appointed trustee or put in charge of the mills.

The likelihood that a buyer will be presented in court today remains speculative. Growe said Tuesday evening that he “doesn’t have a buyer polished and ready to go” when court convenes today.

More than a week ago, Growe received two “term sheets” or offers, but the bids were not enough at the time to meet acceptance standards by a bankruptcy judge. Today, U.S. Bankruptcy Chief Judge James B. Haines faces the following motions:

. First, a request by Growe to conduct an emergency hearing on his filings.

. Then, either Growe’s request to continue to operate the business or his notice to abandon the mills. What wouldn’t be abandoned are proprietary trade processes and intellectual properties. He faces objections from the state, which wants the trustee to follow state rules for closing a factory.

. A request by Bangor Hydro-Electric Co. to turn off electricity to both mills because a past-due balance of $1.3 million hasn’t been paid.

. A request by Congress Financial to sell the mills’ pulp and paper inventories, as well as collect its accounts receivable, and apply the estimated $12 million to $18 million to defray its bill of at least $40 million. Other creditors and suppliers also have filed requests to remove property they say hasn’t been paid for from the mills.

Congress’ request is being fought by the company’s PACE union, which stated in court papers that its employees are owed $2.5 million in back wages and should be paid first.


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