T R O U B L E D C O M P A N Y R E P O R T E R
Wednesday, November 7, 2007, Vol. 11, No. 264
Headlines
ACA ABS: Moody's Junks Ratings on Five Note Classes
ACA ABS: Moody's Junks Ratings on Three Note Classes
ACA AQUARIUS: Moody's Junks Ratings on Two Note Classes
ACCURIDE CORP: Moody's Holds B1 Corporate Family Rating
ADAMS SQUARE: Moody's Junks Ratings on Three Note Classes
ADVANCED MARKETING: Wants Until Nov. 30 to Decide on Lone Lease
AIR MARSHALL ISLANDS: Grounded Planes May Lead to Bankruptcy
ALTERNATIVE LOAN: $62,632 Write-Down Cues S&P's Default Rating
APRIA HEALTHCARE: Commences $265 Mil. Offering of Senior Notes
APRIA HEALTHCARE: S&P Rates Proposed $265MM Senior Notes at BB-
ASSET BACKED: Fitch Rates $30 Mil. Class B-1 Certificates at BB+
ATHLETES WORLD: Files for Bankruptcy Protection Under CCAA
AUTOMOTIVE GLASS: Aggressive Fin'l Profile Cues S&P's "B+" Rating
BALLY TECHNOLOGIES: S&P Lifts Credit and Debt Ratings to B+
BARNERT HOSPITAL: Files Schedules of Assets & Liabilities
BARNERT HOSPITAL: Taps Fox Rothschild as Special Labor Counsel
BARNERT HOSPITAL: Taps Steven Finkelstein as Collections Counsel
BEAR STEARNS: Moody's Takes Rating Actions on 18 Deals
BEAZER HOMES: Expects $230 Million Pre-Tax Charges for 4th Quarter
BIEHLER COMPANIES: Jim Biehler's Group Ponders a Buyout
BLUE EDGE: Moody's Cuts Ratings on Three Note Classes to Low-B
BOHUMIR MARIK: Case Summary & 14 Largest Unsecured Creditors
BOSTON SCIENTIFIC: Selling Cardiac & Vascular Biz for $750 Mil.
BROOKVILLE CDO: Moody's Junks Ratings on Two Note Classes
C-BASS CBO: Moody's Cuts Rating on $10 Mil. Class D Notes to Ba2
CAIRN MEZZ: Moody's Cuts Ratings on Four Note Classes to Low-B
CATHOLIC CHURCH: Judge Adler Dismisses San Diego's Chapter 11 Case
CETUS ABS: Moody's Junks Ratings on Five Note Classes
CETUS ABS: Moody's Junks Ratings on Three Note Classes
CETUS ABS: Moody's Junks Ratings on Two Note Classes
CETUS ABS: Moody's Downgrades Ratings on Two Note Classes to Low-B
CII CARBON: Prices $235 Million Senior Subordinated Bonds
CITIUS II: Moody's Cuts Rating on $19 Mil. Class D Notes to Ba3
COGNIGEN NETWORKS: Buying Commission River Thru 16 Million Shares
COLDWATER CDO: Moody's Cuts Rating on Class C Notes to B1
COLUMBUSNOVA CLO: S&P Puts 'BB' Prelim Rating on $11.25 Mil. Notes
COUNTRYWIDE FINANCIAL: Extends Stock Options for Eight Executives
DELPHI CORP: Equity Panel Balks at Disclosure Statement Changes
ENERGY PARTNERS: Completes Exchange Offer for Senior Notes
FEDERAL GYPSUM: Court Approves $1.5 Million DIP Financing
FEDERAL-MOGUL: Plan Proponents Incorporate Insurer Settlements
FORD MOTOR: UAW Members to Vote on New Labor Pact on Sunday
FORD MOTOR: S&P Retains 'B' Rating Under Positive CreditWatch
GEMSTONE CDO: Moody's Junks Ratings on Three Note Classes
GENERAL MOTORS: Expects $39 Billion Non-Cash Charge in 3rd Quarter
GEORGE COOK III: Case Summary & 11 Largest Unsecured Creditors
GMAC COMMERCIAL: Adequate Credit Support Cues S&P to Hold Ratings
GRAHAM PACKAGING: Sept. 30 Balance Sheet Upside-Down by $616 Mil.
GREG JAMES: Case Summary & 20 Largest Unsecured Creditors
GSC ABS: Moody's Junks Ratings on Three Note Classes
GULF STREAM: Moody's Junks Ratings on Four Note Classes
GUS PAPASTEFANOU: Case Summary & 17 Largest Unsecured Creditors
HABERSHAM MILL: Case Summary & 15 Largest Unsecured Creditors
HIGHRIDGE ABS: Moody's Cuts Ratings on Two Note Classes to Low-B
IAC/INTERACTIVECORP: Earns $71.7 Million in Third Quarter 2007
IAC/INTERACTIVECORP: Plans to Split Into Five Public Companies
IAC/INTERACTIVECORP: Planned Separation Cues S&P to Cut Rating
INDYMAC BANCORP: Declares $0.25 Cash Dividend in 4th Quarter
INDYMAC BANCORP: Posts $202.7 Million Net Loss in Third Quarter
INDYMAC ABS: Fitch Junks Ratings on $35.1 Mil. Cert. Classes
INNOTRAC CORP: Court Extends IPOF Stock Trading Restriction
IWT TESORO: Can Get $3.3 Mil. DIP Financing from Bank of America
IWT TESORO: Court Okays Mahoney Cohen as Panel's Financial Advisor
JAMES RIVER: Posts $9.7 Million Net Loss in Quarter Ended Sept. 30
JP MORGAN: S&P Affirms Ratings on 19 Certificate Classes
KAMP RE: S&P May Assign Default Rating on $190 Million Notes
KEFTON CDO: Moody's Junks Ratings on Three Note Classes
KENT FUNDING: Moody's Cuts Rating on $11 Mil. Class D Notes to Ba3
KESSEL'S COLLECTIBLES: Mulls Business Closure on January 2008
KEY ENERGY: Moody's Places Corporate Family Rating at Ba3
KEY ENERGY: S&P Assigns 'B+' Credit Rating with Stable Outlook
KI SON: Case Summary & 11 Largest Unsecured Creditors
LATAONE INC: Case Summary & 19 Largest Unsecured Creditors
LEXINGTON CAPITAL: Moody's Junks Ratings on Two Note Classes
LIBERTAS PREFERRED: Moody's Cuts Ratings on Two Notes to Low-B
LIBERTAS PREFERRED: Moody's Junks Rating on Class VIII Notes
LONG HILL: Moody's Assigns Low-B Ratings on Two Note Classes
LUNAR FUNDING: Moody's Lowers Rating on 25 Million Notes to Ba2
MARCOS GARCIA: Case Summary & 11 Largest Unsecured Creditors
MAXIM HIGH: Moody's Cuts Ratings on Two Note Classes to Low-B
MCMORAN EXPLORATION: S&P Junks Rating on Proposed $400 Mil. Notes
MERRILL LYNCH: S&P Lowers Ratings on 20 Certificate Classes
MYSTIC POINT: Moody's Junks Rating on $6 Million Class E Notes
NATIONAL EASTERN: Court OKs Chorches & Novak as Bankruptcy Counsel
NEPTUNE CDO IV: Moody's Junks Rating on Class E Notes
NEPTUNE CDO V: Moody's Junks Ratings on Three Note Classes
NEUMANN HOMES: Bank Wants Stay Lifted to Secure Collateral
NEUROBIOLOGICAL TECH: Completes $60 Million Common Stock Offering
NEW CENTURY: Court Expands O'Melveny Retention to Include NCWC
NEW CENTURY: Court Fixes December 14 as NCWC's General Bar Date
NEW CENTURY: Moves 2007 Annual Meeting of Stockholders to December
NEW YORK RACING: Wants $1.6 Billion Tax Dispute With IRS Settled
NRG ENERGY: Commences Cash Offer for $4.7 Billion of Senior Notes
NEW YORK DELI: Case Summary & 15 Largest Unsecured Creditors
OFFICEMAX INC: Improved Credit Metrics Cues S&P's "BB-" Rating
OPEN TEXT: Earns $7.8 Million in First Quarter Ended Sept. 30
PACIFIC LUMBER: Judge Houser Appointed as Mediator
PALMER ABS: Moody's Cuts Ratings on Two Note Classes to Low-B
PEABODY ENERGY: Completes Spin-Off of Two Coal Assets & Operations
PLAYLOGIC ENTERTAINMENT: Closes $12.3MM Equity Private Offering
POGO PRODUCING: Amends Tender Offer for Series of Senior Notes
POLYMER GROUP: Plans to Sell 5.5 Million of Class A Common Stock
QUAKER FABRIC: Court Okays J.H. Albert as Insurance Consultants
ROCKFORD PRODUCTS: Can Use Lenders' Cash Collateral Until Nov. 16
ROYCE BERNARD: Case Summary & 20 Largest Unsecured Creditors
SAINT AGNES: Case Summary & 11 Largest Unsecured Creditors
SEMCO ENERGY: Cap Rock Deal Cues Moody's To Take Rating Actions
SENTINEL MANAGEMENT: Panel Hires Trumbull as Communications Agent
SINGA FUNDING: Moody's Cuts Ratings on Three Note Classes to Low-B
SOLSTICE ABS: Negative Credit Migration Cues S&P to Lower Ratings
SOLUTIA INC: Wants $713 Million Environmental Claims Reclassified
SOUTH COAST: Moody's Cuts Rating on $5 Mil. Class E Notes to Ba2
SOUTH COAST: Moody's Junks Ratings on Three Note Classes
SUN MICROSYSTEMS: Earns $89 Million in 1st Quarter Ended Sept. 30
TABS 2006-5: Moody's Junks Ratings on Five Note Classes
TABS 2006-6: Moody's Junks Ratings on Six Note Classes
TECHNO COMPEX: Case Summary & Two Largest Unsecured Creditors
THERION BIOLOGICS: Foreclosure Sale of IP Slated for November 20
TRICADIA CDO: Moody's Reviews "Ba1" Rating on Class B-2L Notes
URS CORP: Amends Pact with WGI to Raise Merger Consideration
VERTICAL VIRGO: Moody's Cuts Ratings on Five Note Classes to Low-B
VESCOR DEVELOPMENT: U.S. Trustee Unable to Appoint Committee
VISION-CASTLE HILLS: Case Summary & 21 Largest Unsecured Creditors
VISION DEVELOPMENT: Wants to Access CORUS Bank's Cash Collateral
VOLANS FUNDING: Moody's Junks Ratings on Three Note Classes
WELLCARE HEALTH: Earns $72.4 Million in Third Qtr. Ended Sept. 30
WESTAR ENERGY: Earns $91.5 Million in Third Quarter Ended Sept. 30
WISCONSIN AVENUE: Fitch Holds B Rating on $1.2MM Class C Certs.
WR GRACE: Asbestos PI Committee & FCR File Reorganization Plan
* Beard Group Announces New Audio Conference for November 15
* Hunton & Williams Adds David Wiles & Timothy Ryan as Partners
* Michael Cole Named as Alvarez & Marsal's Managing Director
* Thacher Proffitt Names V. Gerard Comizio as Chair of Trust
* Non-Deferment of Dividend No Effect on Prior Ratings, Fitch Says
* S&P Lowers Ratings on 46 Tranches from Nine CDO Transactions
* Upcoming Meetings, Conferences and Seminar
*********
ACA ABS: Moody's Junks Ratings on Five Note Classes
---------------------------------------------------
Moody's Investors Service downgraded and left on review for
possible downgrade these notes issued by ACA ABS 2007-1 Ltd.
-- $930,000,000 Class A1S Variable Funding Senior Secured
Floating Rate Notes Due 2047
Prior Rating: Aaa
Current Rating: A1, on review for possible downgrade
-- $125,000,000 Class A1J Senior Secured Floating Rate Notes
Due 2047
Prior Rating: Aaa
Current Rating: A3, on review for possible downgrade
-- $198,000,000 Class A2 Senior Secured Floating Rate Notes
Due 2047
Prior Rating: Aa2
Current Rating: Baa3, on review for possible downgrade
-- $72,000,000 Class A3 Secured Deferrable Interest Floating
Rate Notes Due 2047
Prior Rating: A2
Current Rating: Caa1, on review for possible downgrade
-- $30,000,000 Class B1 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2047
Prior Rating: Baa1
Current Rating: Caa2, on review for possible downgrade
-- $40,000,000 Class B2 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2047
Prior Rating: Baa2
Current Rating: Caa3, on review for possible downgrade
Moody's also announced that it has downgraded these notes.
-- $22,500,000 Class B3 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2047
Prior Rating: Baa3
Current Rating: Ca
-- $22,500,000 Class C Mezzanine Secured Deferrable Interest
Floating Rate Notes Due 2047
Prior Rating: Ba2
Current Rating: Ca
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of asset-
backed securities.
ACA ABS: Moody's Junks Ratings on Three Note Classes
----------------------------------------------------
Moody's Investors Service downgraded and left on review for
possible downgrade these notes issued by ACA ABS 2006-2, Limited.
-- $460,000,000 Class A-1LA Floating Rate Notes Due January
2047
Prior Rating: Aaa, on review for possible downgrade
Current Rating: Baa3, on review for possible downgrade
-- $102,000,000 Class A-1LB Floating Rate Notes Due January
2047
Prior Rating: Aaa, on review for possible downgrade
Current Rating: B3, on review for possible downgrade
-- $72,000,000 Class A-2L Floating Rate Notes Due January
2047
Prior Rating: Aa2, on review for possible downgrade
Current Rating: Caa3, on review for possible downgrade
Moody's also announced that it has downgraded these notes
-- $29,000,000 Class A-3L Deferrable Floating Rate Notes Due
January 2047
Prior Rating: Baa3, on review for possible downgrade
Current Rating: Ca
-- $45,000,000 Class B-1L Floating Rate Notes Due January
2047
Prior Rating: B3, on review for possible downgrade
Current Rating: Ca
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of ABS's.
ACA AQUARIUS: Moody's Junks Ratings on Two Note Classes
-------------------------------------------------------
Moody's Investors Service placed these notes issued by ACA
Aquarius 2006-1, Ltd. on review for possible downgrade:
-- $1,266,000,000 Class A1S Variable Funding Senior Secured
Floating Rate Notes Due 2046
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
In addition Moody's also announced that it has downgraded and left
on review for possible downgrade these notes:
-- $255,000,000 Class A1J Senior Secured Floating Rate Notes
Due 2046
Prior Rating: Aaa, on review for possible downgrade
Current Rating: Aa3, on review for possible downgrade
-- $177,000,000 Class A2 Senior Secured Floating Rate Notes
Due 2046
Prior Rating: Aa2, on review for possible downgrade
Current Rating: Baa1, on review for possible downgrade
-- $80,000,000 Class A3 Secured Deferrable Interest Floating
Rate Notes Due 2046
Prior Rating: A2, on review for possible downgrade
Current Rating: Baa3, on review for possible downgrade
-- $17,500,000 Class B1 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2046
Prior Rating: Baa1, on review for possible downgrade
Current Rating: Ba3, on review for possible downgrade
-- $74,500,000 Class B2 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2046
Prior Rating: Ba3
Current Rating: Caa3, on review for possible downgrade
Moody's also announced that it has downgraded these notes:
-- $20,000,000 Class B3 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2046
Prior Rating: B3
Current Rating: C
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of
residential mortgage-backed securities assets.
ACCURIDE CORP: Moody's Holds B1 Corporate Family Rating
-------------------------------------------------------
Moody's Investors Service affirmed Accuride Corporation's
Corporate Family rating of B1, but changed the ratings' outlook to
negative from stable.
The action follows the company's announcement of third quarter
results below previous expectations and its lowered earnings and
cash flow guidance for the balance of 2007. Those developments
reflect a steeper decline in North American commercial vehicle
production than earlier assumptions, lower volume's experienced in
its commercial trailer market, and indicate a protracted period of
weak demand continuing into 2008.
Consequently, although the company had noticeably reduced levels
of indebtedness during the recent peak in the commercial vehicle
sector, coverage and leverage ratios are likely to deteriorate
over the near term. Improved performance will be dependent upon a
resumption of activity levels in 2008 which could be affected by
replacement demand returning to more normalized conditions as well
as the approaching next stage of EPA emission standards in 2010.
From December 2005 through September 2007, Accuride reduced its
balance sheet debt by roughly $125 million through application of
strong free cash flow against its borrowings. In 2006 it
generated EBITA margins of 10.8%, EBITA/interest coverage of 2.6
times and its debt/EBITDA stood at 3.3 times; all considered
strong for the B1 Corporate Family rating. However, profitability
in 2007 has declined substantially as production volumes of new
commercial vehicles has fallen, and product sales into the market
for commercial trailers have been impacted by weakness in ton-
miles driven, extended periods of trailer utilization, and the
financial condition of fleet operators.
This has led to a deterioration in Accuride's performance with
third quarter EBITA margins declining to 1.3 %, and EBITA coverage
of interest falling to under 1 time. While 2007 was expected to
involve lower production volumes of heavy and medium-duty diesel
powered commercial vehicles, actual levels have been lower than
earlier estimates and industry forecasts for 2008 have indicated
material recovery is unlikely to be experienced until mid-year.
Recovery in the trailer segment will be dependent upon healthier
underlying levels of ton miles being driven and other macro-
economic drivers.
During this period of weaker activity, Accuride is unlikely to
require any material increase in indebtedness caused by negative
free cash flow. The company's liquidity profile includes a
combination of cash on hand of $46 million at September 30 and
access to its $125 million of revolving credit facilities, which
were un-drawn at that date. However, measurements of
profitability, leverage and coverage ratios will be adversely
affected by the downturn which will persist for a longer period of
time.
This is likely to affect headroom under bank financial covenants,
which in turn could constrain effective availability under the
facilities to less than the full commitment. Moody's anticipates
that Accuride will retain adequate liquidity during this period
and be able to navigate through these challenges. Moreover, the
company's fundamental business position has not changed.
Accordingly, the rating agency affirmed Accuride's Corporate
Family rating, but changed the outlook to negative to recognize a
protracted period of debt protection measures weak for the current
rating category and risks of additional deterioration should a
cyclical rebound be delayed further in time.
Ratings affirmed with updated loss given default assessments:
Accuride Corporation:
-- Corporate Family, B1
-- Probability of Default, B1
-- Senior Secured bank credit facilities, Ba3 (LGD-3, 30%
from LGD-3, 31%)
-- Senior Subordinated, B3 (LGD-5, 82% % from LGD-5, 83%)
Accuride Canada Inc.:
-- Senior secured revolving credit facility, Ba3 (LGD-3, 30%
from LGD-3, 31%)
The last rating action was on Sept. 22, 2006 at which time the
senior secured bank credit facilities were upgraded to Ba3 upon
the introduction of Moody's Loss Given Default methodology.
Accuride Corporation, headquartered in Evansville, Indianapolis,
is a diversified North American manufacturer and supplier of
commercial vehicle components. Principal products include wheels,
wheel-end components and assemblies, truck body and chassis parts,
and seating assemblies. Revenues in 2006 were about $1.4 billion.
ADAMS SQUARE: Moody's Junks Ratings on Three Note Classes
---------------------------------------------------------
Moody's Investors Service placed these notes issued by Adams
Square Funding II Ltd. on review for possible downgrade:
-- $15,200,000 Class S Floating Rate Notes Due 2014
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
-- $600,000,000 Class A1 Floating Rate Notes Due 2047
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
Moody's also announced that it has downgraded and left on review
for possible downgrade these notes:
-- $95,000,000 Class A2 Floating Rate Notes Due 2047
Prior Rating: Aaa
Current Rating: Baa2, on review for possible downgrade
-- $140,000,000 Class A3 Floating Rate Notes Due 2047
Prior Rating: Aa2
Current Rating: Ba1, on review for possible downgrade
-- $50,000,000 Class B Deferrable Floating Rate Notes Due
2047
Prior Rating: A2
Current Rating: Ba3, on review for possible downgrade
-- $49,000,000 Class C Deferrable Floating Rate Notes Due
2047
Prior Rating: Baa2
Current Rating: Caa3, on review for possible downgrade
-- $20,000,000 Class D Deferrable Floating Rate Notes Due
2047
Prior Rating: Baa3
Current Rating: Caa3, on review for possible downgrade
-- $10,000,000 Class Q Combination Notes Due 2047
Prior Rating: Baa1
Current Rating: B1, on review for possible downgrade
In addition, Moody's has downgraded these class of notes:
-- $10,000,000 Class E Deferrable Floating Rate Notes Due
2047
Prior Rating: Ba1
Current Rating: Ca
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of structured
finance securities.
ADVANCED MARKETING: Wants Until Nov. 30 to Decide on Lone Lease
---------------------------------------------------------------
Advanced Marketing Services Inc., Publishers Group Incorporated,
and Publishers Group West Incorporated ask the U.S. Bankruptcy
Court for the District of Delaware to extend until Nov. 30, 2007,
the time by which they may assume or reject their sole remaining
unexpired lease of a non-residential real property, located in
Indianapolis, Indiana, with The Prudential Company of America, as
landlord.
The Court recently extended the Lease Decision Period with
respect to the Indianapolis Lease to October 31, 2007.
Mark D. Collins, Esq., at Richards, Layton & Finger, P.A., in
Wilmington, Delaware, relates that the Debtors have obtained
prior written consent of the lessor of the Indianapolis Lease to
the requested November 30 extension.
Under Section 365(d)(4)(B)(ii) of the Bankruptcy Code, the Court
may grant a subsequent extension "only upon prior written consent
of the lessor in each instance."
The Debtors seek extension of the Indianapolis Lease Decision
Period without prejudice to their right to seek further
extensions.
The Court will convene a hearing on November 27 at 11:00 a.m., to
consider the Debtors' request. Pursuant to Del.Bankr.LR 9006-2,
the Debtors' Lease Decision Period with respect to the
Indianapolis Lease is automatically extended until the conclusion
of that hearing.
About Advanced Marketing
Based in San Diego, Calif., Advanced Marketing Services, Inc.
-- http://www.advmkt.com/-- provides customized merchandising,
wholesaling, distribution and publishing services, currently
primarily to the book industry. The company has operations in the
U.S., Mexico, the United Kingdom and Australia and employs
approximately 1,200 people Worldwide.
The company and its two affiliates, Publishers Group Incorporated
and Publishers Group West Incorporated filed for chapter 11
protection on Dec. 29, 2006 (Bankr. D. Del. Case Nos. 06-11480
through 06-11482). Suzzanne S. Uhland, Esq., Austin K. Barron,
Esq., Alexandra B. Feldman, Esq., O'Melveny & Myers, LLP,
represent the Debtors as Lead Counsel. Chun I. Jang, Esq., Mark
D. Collins, Esq., and Paul Noble Heath, Esq., at Richards, Layton
& Finger, P.A., represent the Debtors as Local Counsel.
Lowenstein Sandler PC represents the Official Committee of
Unsecured Creditors. In schedules filed with the Court, Advanced
Marketing disclosed total assets of $213,384,791 and total debts
of $216,608,357. Publishers Group West disclosed total assets of
$39,699,451 and total debts of $83,272,493. Publishers Group Inc.
disclosed zero assets but $41,514,348 in liabilities.
On Aug. 24, 2007, the Debtors' exclusive period to file a chapter
11 plan expired. On the same date, the Debtors and Creditors
Committee filed a Plan & Disclosure Statement. On September 26,
the Court approved the adequacy of the Disclosure Statement
explaining the Second Amended Plan. The hearing to consider
confirmation of the Plan is set on Nov. 15, 2007. (Advanced
Marketing Bankruptcy News, Issue No. 22; Bankruptcy Creditors'
Service Inc.; http://bankrupt.com/newsstand/or 215/945-7000).
AIR MARSHALL ISLANDS: Grounded Planes May Lead to Bankruptcy
------------------------------------------------------------
Air Marshall Islands is close to bankruptcy after its planes were
grounded for weeks cutting domestic flights that led to revenue
losses, reports say.
All domestic flights in the Marshall Islands were off beginning
late August until September as the only two aircrafts of the
carrier were either overhauled or put under maintenance check,
Giff Johnson writes for Pacific Magazine.
However in early October, domestic flights were again canceled,
which made passengers opt for sea travel, Radio New Zealand
International relates.
The mechanical problems at Air Marshall Islands disrupted island
travel and and the decline in revenue delayed the payment for
airline workers, according to the Pacific Magazine. Last week,
the government had provided about $200,000 to the airline to help
cover costs, the Pacific Magazine says.
The company's flight cuts also affected the diving program in the
Bikini Atoll which generates most of its income of about $200,000
from European and American clients, Radio NZ International adds.
Air Marshall Islands -- http://www.airmarshallislands.com/-- is a
government-owned airline based in the Marshall Islands
International Airport in Majuro. It is the flag carrier of the
Marshall Islands and designated the official flag carrier of the
government of Tuvalu, operating inter-island services in the South
Pacific. The airline was established in 1980 as Airline of the
Marshall Islands and adopted its current title in 1989. It is
wholly owned by the Government of the Marshall Islands and has 90
employees (at March 2007). The company operates two aircrafts,
Dornier 228 and 34-seat Dash-8 that provide regular weekly
services to the Republic's atolls and islands.
ALTERNATIVE LOAN: $62,632 Write-Down Cues S&P's Default Rating
--------------------------------------------------------------
Standard & Poor's Ratings Services lowered its ratings on the
class B-3 and B-4 mortgage pass-through certificates from
Alternative Loan Trust 2005-2 to 'CCC' from 'B' and to 'D'
from 'CCC', respectively. Concurrently, S&P placed its 'BB'
rating on class B-2 from this series on CreditWatch with negative
implications. Additionally, S&P affirmed its ratings on the
remaining five classes from this transaction.
The downgrade of the B-4 class reflects a principal write-down of
$62,632.75 during the October 2007 distribution period. As a
result, S&P downgraded the class to 'D' from 'CCC'.
The downgrade of class B-3 to 'CCC' and the negative CreditWatch
placement of class B-2 reflect recent collateral performance that
has eroded available credit support. While current credit support
is sufficient, the projected credit support percentage is below
the level required at the 'B' and 'BB' rating category. As of the
October 2007 remittance period, the six-month average loss totaled
$100,026, up from the 12-month average loss of $62,851. This
transaction is 33 months seasoned and is supported by credit
enhancement in the form of subordination.
The affirmations reflect sufficient current and projected credit
support percentages to maintain the current ratings, as reported
during the October 2007 remittance period.
The collateral for this transaction consists of 30-year,
conventional, adjustable-rate, fully amortizing mortgage loans
secured by first liens on one- to four-family residential
properties. The loans were originated or acquired by the
originator and will be master-serviced by Countrywide Home
Loans Servicing L.P.
Ratings Lowered
Alternative Loan Trust 2005-2
Rating
------
Series Class To From
------ ----- -- ----
2005-2 B-4 D CCC
2005-2 B-3 CCC B
Rating Placed on Creditwatch
Alternative Loan Trust 2005-2
Rating
------
Series Class To From
------ ----- -- ----
2005-2 B-2 BB/Watch Neg BB
Ratings Affirmed
Alternative Loan Trust 2005-2
Series Class Rating
------ ----- ------
2005-2 1-A-1, 2-A-1, 3-A-1 AAA
2005-2 M AA
2005-2 B-1 A
APRIA HEALTHCARE: Commences $265 Mil. Offering of Senior Notes
--------------------------------------------------------------
Apria Healthcare Group Inc. has commenced an offering of
$265 million aggregate principal amount of senior subordinated
notes.
Apria intends to use the net proceeds from the offering to pay a
portion of the purchase price of its announced acquisition of
Coram Inc. Apria's acquisition of Coram is conditioned upon
obtaining customary governmental and regulatory approvals and
other standard closing conditions. Apria anticipates closing the
acquisition in late November or early December after satisfaction
of the closing conditions.
The acquisition of Coram is not contingent on the issuance of the
notes, as Apria has sufficient cash and availability under its
revolving credit agreement to fund the full acquisition cost.
Similarly, the financing is not contingent upon consummation of
the acquisition.
If the acquisition of Coram is not completed, Apria expects to use
the net proceeds from the offering for general corporate purposes,
which may include reducing outstanding indebtedness.
About Coram Inc.
Headquartered in Denver, Colorado, Coram Inc. --
http://www.coramhealthcare.com/-- provides home infusion and
specialty pharmaceutical distribution services with more than 70
branch locations, 50 ambulatory infusion suites and centralized
pharmacy distribution services to patients in all 50 states. The
company has approximately 2,100 employees nationwide, that
provides a comprehensive range of home infusion therapies to more
than 65,000 patients.
About Apria Healthcare
Headquartered in Lake Forest, California, Apria Healthcare Group
Inc. (NYSE: AHG) -- http://www.apria.com/-- provides home
respiratory therapy, home infusion therapy and home medical
equipment through about 500 branches serving patients in all 50
states.
* * *
Apria Healthcare continues to carry Moody's 'Ba1' long term
corporate family rating, which was placed in June 2006 with a
stable outlook.
As reported in the Troubled Company Reporter on Oct. 19, 2007,
Standard & Poor's Ratings Services affirmed its ratings, including
the 'BB+' corporate credit rating, on Apria Healthcare Group Inc.
after the company announced the $350 million acquisition of
specialty infusion services provider Coram Inc. The outlook is
stable.
APRIA HEALTHCARE: S&P Rates Proposed $265MM Senior Notes at BB-
---------------------------------------------------------------
Standard & Poor's Ratings Services assigned its 'BB-' rating to
Apria Healthcare Group Inc.'s proposed $265 million senior
subordinated notes due 2017. At the same time, S&P affirmed its
existing ratings, including the 'BB+' corporate credit rating, on
Apria. The outlook is stable.
The notes are being issued to help finance Apria's recently
announced $350 million acquisition of specialty infusion services
provider Coram Inc.
Sufficient cushion exists in Lake Forest, California-based Apria's
financial risk profile to absorb the impact of the acquisition.
"The ratings continue to reflect the exposure of the company's
businesses to variable third-party reimbursement policies and
pricing, the financial impact that fee cuts have had on the
company in the past couple of years, and risks related to the
integration of Coram's operations," said Standard & Poor's credit
analyst Alain Pelanne. "These concerns are partially offset by
the company's leading position in providing specialized home
health care services and equipment and its history of generating
significant cash flows."
"The risks are also mitigated by Apria's disciplined financial
policy, as demonstrated by its willingness to scale back
acquisitions over the past couple of years in the face of
reimbursement uncertainty to deleverage its capital structure,"
said Mr. Pelanne.
Apria provides respiratory therapy, infusion therapy, and medical
equipment to patients in their homes through a network of about
500 locations in all 50 states. The acquisition of Coram will add
approximately 50 non-overlapping locations, making Apria a
national provider in the industry. In addition, it will add a
large number of ambulatory infusion suites, which will give Apria
the ability to serve patients in a comfortable, alternate site.
ASSET BACKED: Fitch Rates $30 Mil. Class B-1 Certificates at BB+
----------------------------------------------------------------
Fitch Ratings assigned these ratings to Asset Backed Funding
Corp.'s series 2007-WMC1 $1.45 billion of mortgage pass-through
certificates:
-- $1,115,917,000 classes A1A, A1B, A2A, A2B 'AAA';
-- $42,617,000 class M-1 'AA+';
-- $42,616,000 class M-2 'AA';
-- $58,400,000 class M-3 'AA-';
-- $36,303,000 class M-4 'A+';
-- $36,303,000 class M-5 'A';
-- $26,044,000 class M-6 'A-';
-- $21,308,000 class M-7 'BBB+';
-- $19,730,000 class M-8 'BBB';
-- $22,097,000 class M-9 'BBB-';
-- $30,778,000 privately offered class B-1 'BB+'.
The 'AAA' rating on the senior certificates reflects the 29.3%
initial credit enhancement provided by the 2.7% class M-1, the
2.7% class M-2, the 3.7% class M-3, the 2.3% class M-4, the 2.3%
class M-5, the 1.65% class M-6, the 1.35% class M-7, the 1.25%
class M-8, the 1.4% class M-9 and the 1.95% B-1 privately offered
class, along with fully funded over-collateralization of 8%. All
certificates have the benefit of excess interest. In addition, the
ratings reflect the quality of the loans, the soundness of the
legal and financial structures, and the capabilities of Saxon
Mortgage (rated RPS2+ by Fitch) as servicer. US Bank, National
Association will act as Trustee.
The collateral mortgage pool consists of adjustable-rate and
fixed-rate, first lien mortgage loans with a cut-off date pool
balance of $1,578,384,711. About 6.35% of the mortgage loans are
fixed-rate mortgage loans, 93.65% are adjustable-rate mortgage
loans and 100% are first lien mortgage loans. The weighted
average loan rate is about 7.83%. The weighted average term to
maturity is 360 months. The average current principal balance of
the loans is about $278,228. The weighted average loan-to-value
ratio is 83.10%. The properties are primarily located in
California (42.5%) and Florida (9.63%).
For federal income tax purposes, multiple real estate mortgage
investment conduit elections will be made with respect to the
trust estate.
ATHLETES WORLD: Files for Bankruptcy Protection Under CCAA
----------------------------------------------------------
Athletes World Ltd., Canadian unit of Bata Ltd., filed for
protection from its creditors under the Companies' Creditors
Arrangement Act with the Ontario Superior Court of Justice on Oct.
30, 2007, Marina Strauss writes for Globe and Mail.
The company, which is losing money to competitors and facing
thousand of dollars in tax claims, said it hopes to sell off its
assets through the bankruptcy process, the report reveals. The
company has been in negotiation with Michael Gold relating to the
sale of the company's assets and had reached an agreement last
May, the report says. However, Mr. Gold backed out on the deal on
October 29 which led to the company's bankruptcy filing the next
day, the report adds.
Athletes World owes about $152 million, about $115 million of
which is owed to its parent company, Bata, according to the
report.
About Athletes World
Headquartered in Ontario, Athletes World Ltd. is a shoe retailer
with over 100 stores in Canada. It is the only remaining Canadian
retailer unit of Bata Ltd., -- http://www.bata.com/-- a privately
owned global shoe manufacturer and retailer. Bata is led by a
third generation of the Bata family. With operations in 68
countries, Bata is organized into four business units. Bata
Canada, based in Toronto, serves the Canadian market with 250
stores. Based in Paris, Bata Europe serves the European market
with 500 stores. With supervision located in Singapore, Bata
International has 3,000 stores to serve markets in Africa, the
Pacific, and Asia, Finally, Bata Latin America, operating out of
Mexico City, sells footwear throughout Latin America. Bata owns
more than 4,700 retail stores and 46 production facilities. Total
employment for the company exceeds 50,000.
AUTOMOTIVE GLASS: Aggressive Fin'l Profile Cues S&P's "B+" Rating
-----------------------------------------------------------------
Standard & Poor's Ratings Services assigned its 'B+' corporate
credit rating to auto glass maker Automotive Glass & Services
Inc., whose purchase by financial sponsor Platinum Equity is
expected to close in November 2007. The outlook is stable. AG&S
is currently owned by PPG Industries Inc. (A/Watch Neg/A-1) and is
being purchased by Platinum in a "carve-out" transaction.
"The ratings on AG&S reflect its aggressive financial profile,
which stems from the debt-financed purchase, and a weak business
profile," said Standard & Poor's credit analyst Lawrence Orlowski.
Total debt to EBITDA will be around 4x at closing, but could rise
in 2008. For the rating, S&P expect that adjusted debt to EBITDA
will remain less than 4.5x and that funds from operations to
adjusted debt will be over 10%.
The stable outlook reflects our expectation that AG&S will improve
its operating performance and cash generation as a consequence of
the restructuring process. S&P expect the company to maintain
debt to EBITDA of less than 4.5x and FFO to debt of at least 10%.
Longer term, S&P could revise the outlook to positive or raise the
ratings if the company improves its financial profile through
significant debt reduction and increased profitability over the
next two years. S&P could revise the outlook to negative if the
company experiences erosion of profitability because of
integration challenges or operating problems, if it undertakes a
material debt-financed acquisition, or if adverse market
conditions reduce demand for AG&S' services.
BALLY TECHNOLOGIES: S&P Lifts Credit and Debt Ratings to B+
-----------------------------------------------------------
Standard & Poor's Ratings Services raised its corporate credit and
senior secured debt ratings on Las Vegas-based Bally Technologies
Inc. to 'B+' from 'B-'. Concurrently, S&P revised the CreditWatch
implications to positive from developing.
Since the ratings were initially placed on CreditWatch on
Sept. 9, 2005, several rating actions have occurred.
"The upgrade and revision of CreditWatch implications to positive
reflect the company's ability to complete filing all outstanding
financial reports," said Standard & Poor's credit analyst Guido
DeAscanis. In addition, based on company announcements, Bally has
experienced positive operating momentum over the past several
quarters, and S&P expect this trend to continue over the
intermediate term. Bally's is a manufacturer and supplier of
casino gaming machines and information systems.
S&P anticipate resolving the CreditWatch listing within the next
several weeks. This process will cover a discussion with
management about Bally's operational and financial strategies,
including any material weaknesses related to financial reporting.
Should this result in an upgrade, S&P expect that it would be
limited to one or two notches.
BARNERT HOSPITAL: Files Schedules of Assets & Liabilities
---------------------------------------------------------
Nathan and Miriam Barnert Memorial Hospital Association filed with
the U.S. Bankruptcy Court for the District of New Jersey, its
schedules of assets and liabilities, disclosing:
Name of Schedule Assets Liabilities
---------------- ----------- -----------
A. Real Property $10,515,435
B. Personal Property $36,085,532
C. Property Claimed as
Exempt
D. Creditors Holding
Secured Claims $32,794,279
E. Creditors Holding
Unsecured Priority
Claims $4,365,331
F. Creditors Holding
Unsecured Non-priority
Claims $24,143,895
----------- -----------
TOTAL $46,600,967 $61,303,505
About Barnert Hospital
Nathan and Miriam Barnert Memorial Hospital Association, dba
Barnert Hospital, owns and operates a 256 bed general acute
care community hospital located at 680 Broadway in Paterson,
New Jersey.
The company filed for chapter 11 protection on Aug. 15, 2007
(Bankr. D. N.J. Case No. 07-21631). David J. Adler, Esq., at
McCarter & English, LLP, represents the Debtor in its
restructuring efforts. Warren J. Martin Jr., Esq. and John S.
Mairo, Esq., at Porzio Bromberg & Newman, P.C., represent the
Official Committee of Unsecured Creditors in this case. Donlin
Recano & Company Inc. is the Debtor's claims, noticing, and
balloting agent. When the Debtor filed for protection from its
creditors, it listed estimated assets and debts between $1 million
and $100 million.
BARNERT HOSPITAL: Taps Fox Rothschild as Special Labor Counsel
--------------------------------------------------------------
Nathan and Miriam Barnert Memorial Hospital Association asks
authority from the U.S. Bankruptcy Court for the District of New
Jersey to employ Fox Rothschild LLP as its special labor counsel.
Fox Rothschild will continue to provide legal services to the
Debtor, in relation to the Debtor's issues with its union labor
contracts.
Stephen A. Ploscowe, Esq., a member at Fox Rothschild, tells the
Court that the firm's professionals bill:
Designation Hourly Rate
----------- -----------
Attorneys $190 - $595
Paralegals $100 - $235
Mr. Ploscowe assures the Court that the firm is "disinterested" as
that term is defined in Section 101(14) of the U.S. Bankruptcy
Code.
Mr. Ploscowe can be contacted at:
Stephen A. Ploscowe, Esq.
Fox Rothschild LLP
75 Eisenhower Parkway, Suite 201
Roseland, NJ 07068
Tel: (973) 992-4800
Fax: (973) 992-9125
http://www.foxrothschild.com/
About Barnert Hospital
Nathan and Miriam Barnert Memorial Hospital Association, dba
Barnert Hospital, owns and operates a 256 bed general acute
care community hospital located at 680 Broadway in Paterson,
New Jersey.
The company filed for chapter 11 protection on Aug. 15, 2007
(Bankr. D. N.J. Case No. 07-21631). David J. Adler, Esq., at
McCarter & English, LLP, represents the Debtor in its
restructuring efforts. Warren J. Martin Jr., Esq. and John S.
Mairo, Esq., at Porzio Bromberg & Newman, P.C., represent the
Official Committee of Unsecured Creditors in this case. Donlin
Recano & Company Inc. is the Debtor's claims, noticing, and
balloting agent.
BARNERT HOSPITAL: Taps Steven Finkelstein as Collections Counsel
----------------------------------------------------------------
Nathan and Miriam Barnert Memorial Hospital Association asks
permission from the U.S. Bankruptcy Court for the District of New
Jersey to employ Steven H. Finkelstein LLC as its collections
counsel.
The Debtor relates that Steven H. Finkelstein is the sole
practitioner and founder of the firm. Mr. Finkelstein has
represented the Debtor in the litigation titled: "President
Container, Inc. et al., Plaintiffs vs. PACE Local 1-300 Health
Fund, et al., Defendants", currently pending in the U.S. District
Court for the State of New Jersey, Civil Action No. 04-3885.
In that action, the Debtor seeks to recover charges incurred for
treatment rendered to the late Antero E. Fernandez, from PACE
Local 1-300 Health Fund. The unpaid charges incurred by Mr.
Fernandez in connection with the treatment rendered to him by the
Debtor total $253,419.
The Debtor tells the Court that in the course of that
representation, the firm has been able to circumvent the Debtor's
apparent lack of standing to bring suit under ERISA against a
self-funded health plan and has been actively engaged in the
matter, including participation in lengthy and complicated
discovery regarding multiple parties who are potentially liable
for all or part of the Fernandez bill. Mr. Finkelstein will:
a) complete the discovery;
b) participate in the case management and settlement
conferences with the magistrate; and
c) participate in the ensuing trial.
The Debtor will pay Mr. Finkelstein 20% of all charges billed by
the Debtor on account of treatment rendered to Mr. Fernandez.
Mr. Finkelstein assures the Court that he is "disinterested" as
that term is defined in Section 101(14) of the U.S. Bankruptcy
Code.
Mr. Finkelstein can be contacted at:
Steven H. Finkelstein, Esq.
Steven H. Finkelstein, LLC
23 Clyde Road, Suite 201
Somerset, NJ 08873
About Barnert Hospital
Nathan and Miriam Barnert Memorial Hospital Association, dba
Barnert Hospital, owns and operates a 256 bed general acute
care community hospital located at 680 Broadway in Paterson,
New Jersey.
The company filed for chapter 11 protection on Aug. 15, 2007
(Bankr. D. N.J. Case No. 07-21631). David J. Adler, Esq., at
McCarter & English, LLP, represents the Debtor in its
restructuring efforts. Warren J. Martin Jr., Esq. and John S.
Mairo, Esq., at Porzio Bromberg & Newman, P.C., represent the
Official Committee of Unsecured Creditors in this case. Donlin
Recano & Company Inc. is the Debtor's claims, noticing, and
balloting agent.
BEAR STEARNS: Moody's Takes Rating Actions on 18 Deals
------------------------------------------------------
Moody's Investors Service downgraded the ratings of 107 tranches
and has placed under review for possible downgrade the ratings of
25 tranches from 18 deals issued by Bear Stearns in 2006 and late
2005. Four downgraded tranches remain on review for possible
downgrade. The collateral backing these classes consists of
primarily first lien, fixed and adjustable-rate, Alt-A mortgage
loans.
The ratings were downgraded and placed under review for downgrade
based on higher than anticipated rates of delinquency,
foreclosure, and REO in the underlying collateral relative to
credit enhancement levels. Moody's has also applied its published
methodology updates to the non delinquent portion of the
transactions.
Complete rating actions are:
Issuer: Bear Stearns Alt-A 2006-1
-- Cl. I-M-2, Downgraded to Baa2, previously A2,
-- Cl. I-B-1, Downgraded to B1, previously Baa2,
-- Cl. I-B-2, Downgraded to Caa1, previously Baa3,
-- Cl. I-B-3, Downgraded to C, previously Ba2,
-- Cl. II-B-1 Currently Aa2 on review for possible
downgrade,
-- Cl. II-B-2, Downgraded to Baa2, previously A2,
-- Cl. II-B-3, Downgraded to B1, previously Baa2,
-- Cl. II-X-B1 Currently Aa2 on review for possible
downgrade,
-- Cl. II-X-B2, Downgraded to Baa2, previously A2,
-- Cl. II-X-B3, Downgraded to B1, previously Baa2.
Issuer: Bear Stearns Alt-A Trust 2005-10
-- Cl. I-M-2, Downgraded to Baa1, previously A2,
-- Cl. I-B-1, Downgraded to B1, previously Baa2,
-- Cl. I-B-2, Downgraded to B3, previously Baa3,
-- Cl. I-B-3, Downgraded to C, previously Ba2,
-- Cl. II-B-2 Currently Aa2 on review for possible
downgrade,
-- Cl. II-B-3 Currently Aa3 on review for possible
downgrade,
-- Cl. II-B-4, Downgraded to A3, previously A1,
-- Cl. II-B-5, Downgraded to Baa2, previously A2,
-- Cl. II-B-6, Downgraded to Baa3, previously A3,
-- Cl. II-B-7, Downgraded to Ba3, previously Baa1,
-- Cl. II-B-8, Downgraded to B3, previously Baa2,
-- Cl. II-B-9, Downgraded to B3 on review for possible
further downgrade, previously Baa3.
Issuer: Bear Stearns Alt-A Trust 2006-2
-- Cl. I-M-1 Currently Aa2 on review for possible downgrade,
-- Cl. I-M-2, Downgraded to Baa3, previously A2,
-- Cl. I-B-1, Downgraded to B2, previously Baa2,
-- Cl. I-B-2, Downgraded to Caa1, previously Baa3,
-- Cl. I-B-3, Downgraded to C, previously Ba2,
-- Cl. II-B-1 Currently Aa2 on review for possible
downgrade,
-- Cl. II-X-B1 Currently Aa2 on review for possible
downgrade,
-- Cl. II-B-2, Downgraded to Ba1, previously A2,
-- Cl. II-X-B2, Downgraded to Ba1, previously A2,
-- Cl. II-B-3, Downgraded to B3, previously Baa2.
Issuer: Bear Stearns Alt-A Trust 2006-3
-- Cl. I-M-1 Currently Aa2 on review for possible downgrade,
-- Cl. I-M-2, Downgraded to Baa2, previously A2,
-- Cl. I-B-1, Downgraded to Ba3, previously Baa2,
-- Cl. I-B-2, Downgraded to B3, previously Baa3,
-- Cl. I-B-3, Downgraded to Caa3, previously Ba2,
-- Cl. II-B-1 Currently Aa2 on review for possible
downgrade,
-- Cl. II-B-2, Downgraded to Baa3, previously A2,
-- Cl. II-B-3, Downgraded to B3, previously Baa2,
-- Cl. II-X-B1 Currently Aa2 on review for possible
downgrade,
-- Cl. II-X-B2, Downgraded to Baa3, previously A2,
-- Cl. III-B-1 Currently Aa2 on review for possible
downgrade,
-- Cl. III-B-2, Downgraded to Baa3, previously A2,
-- Cl. III-B-3, Downgraded to B2, previously Baa2.
Issuer: Bear Stearns Alt-A Trust 2006-4
-- Cl. I-M-1 Currently Aa2 on review for possible downgrade,
-- Cl. I-M-2, Downgraded to Baa3, previously A2,
-- Cl. I-B-1, Downgraded to B2, previously Baa2,
-- Cl. I-B-2, Downgraded to Caa2, previously Baa3,
-- Cl. I-B-3, Downgraded to C, previously Ba2,
-- Cl. II-B-1 Currently Aa1 on review for possible
downgrade,
-- Cl. II-B-2 Currently Aa2 on review for possible
downgrade,
-- Cl. II-B-3 Currently Aa3 on review for possible
downgrade,
-- Cl. II-B-4, Downgraded to Baa2, previously A1,
-- Cl. II-B-5, Downgraded to Ba1, previously A2,
-- Cl. II-B-6, Downgraded to B1, previously A3,
-- Cl. II-B-7, Downgraded to B3, previously Baa1,
-- Cl. II-B-8, Downgraded to B3 on review for possible
further downgrade, previously Baa2,
-- Cl. III-B-2, Downgraded to Baa2, previously A2,
-- Cl. III-B-3, Downgraded to B1, previously Baa2.
Issuer: Bear Stearns Alt-A Trust 2006-5
-- Cl. I-M-1 Currently Aa2 on review for possible downgrade,
-- Cl. I-M-2, Downgraded to Baa3, previously A2,
-- Cl. I-B-1, Downgraded to B2, previously Baa2,
-- Cl. I-B-2, Downgraded to Caa1, previously Baa3,
-- Cl. I-B-3, Downgraded to Caa3, previously Ba2,
-- Cl. II-B-2, Downgraded to Baa2, previously A2,
-- Cl. II-B-3, Downgraded to B1, previously Baa2.
Issuer: Bear Stearns Alt-A Trust 2006-6
-- Cl. I-A-1 Currently Aaa on review for possible downgrade,
-- Cl. I-A-2 Currently Aaa on review for possible downgrade,
-- Cl. I-M-1 Currently Aa2 on review for possible downgrade,
-- Cl. I-M-2, Downgraded to Baa3, previously A2,
-- Cl. I-B-1, Downgraded to B2, previously Baa2,
-- Cl. I-B-2, Downgraded to Caa1, previously Baa3,
-- Cl. I-B-3, Downgraded to Caa2, previously Ba2,
-- Cl. III-B-2 Currently Aa2 on review for possible
downgrade,
-- Cl. III-B-3, Downgraded to Ba1, previously A2,
-- Cl. III-B-4, Downgraded to B3, previously Baa2,
-- Cl. III-BX-2 Currently Aa2 on review for possible
downgrade,
-- Cl. III-BX-3, Downgraded to Ba1, previously A2.
Issuer: Bear Stearns Alt-A Trust 2006-7
-- Cl. I-M-1 Currently Aa2 on review for possible downgrade,
-- Cl. I-M-2, Downgraded to Ba1, previously A2,
-- Cl. I-B-1, Downgraded to B3, previously Baa2,
-- Cl. I-B-2, Downgraded to Ca, previously Baa3,
-- Cl. I-B-3, Downgraded to C, previously Ba2.
Issuer: Bear Stearns Alt-A Trust 2006-8
-- Cl. I-M-1 Currently Aa2 on review for possible downgrade,
-- Cl. I-M-2, Downgraded to Baa2, previously A2,
-- Cl. I-B-1, Downgraded to Ba3, previously Baa2,
-- Cl. I-B-2, Downgraded to B2, previously Baa3,
-- Cl. I-B-3, Downgraded to Caa1, previously Ba2,
-- Cl. II-B-2, Downgraded to Baa1, previously A2,
-- Cl. II-B-3, Downgraded to Ba2, previously Baa2,
-- Cl. II-BX-2, Downgraded to Baa1, previously A2.
Issuer: Bear Stearns ARM Trust 2005-12
-- Cl. I-B-3, Downgraded to Baa3, previously Baa2.
Issuer: Bear Stearns Asset Backed Securities I Trust 2005-AC9
-- Cl. B-4, Downgraded to Caa2, previously Ba2.
Issuer: Bear Stearns Asset Backed Securities I Trust 2006-AC1
-- Cl. I-B-3, Downgraded to Ba3, previously Baa3,
-- Cl. I-B-4, Downgraded to Caa3, previously Ba2,
-- Cl. II-B-1 Currently Aa2 on review for possible
downgrade,
-- Cl. II-B-2, Downgraded to Baa3, previously A2,
-- Cl. II-B-3, Downgraded to B3, previously Baa2.
Issuer: Bear Stearns Asset Backed Securities I Trust 2006-AC2
-- Cl. I-B-3, Downgraded to B1, previously Baa3,
-- Cl. II-B-1 Currently Aa2 on review for possible
downgrade,
-- Cl. II-B-2, Downgraded to Ba1, previously A2,
-- Cl. II-B-3, Downgraded to B3, previously Baa2,
-- Cl. I-B-4, Downgraded to Caa3, previously Ba2.
Issuer: Bear Stearns Asset Backed Securities I Trust 2006-AC3
-- Cl. B-3, Downgraded to B1, previously Baa3,
-- Cl. B-4, Downgraded to Caa3, previously Ba2.
Issuer: Bear Stearns Asset Backed Securities I Trust 2006-AC4
-- Cl. M-3, Downgraded to A3, previously A2,
-- Cl. B-1, Downgraded to Baa2, previously A3,
-- Cl. B-2, Downgraded to Baa3, previously Baa1,
-- Cl. B-3, Downgraded to Ba1, previously Baa2,
-- Cl. B-4, Downgraded to Ba3, previously Baa3,
-- Cl. B-5, Downgraded to B3 on review for possible further
downgrade, previously Ba2.
Issuer: Bear Stearns Asset Backed Securities I Trust 2006-AC5
-- Cl. M-3, Downgraded to A3, previously A2,
-- Cl. M-4, Downgraded to Baa1, previously A3,
-- Cl. B-1, Downgraded to Baa2, previously Baa1,
-- Cl. B-2, Downgraded to Baa3, previously Baa2,
-- Cl. B-3, Downgraded to Ba1, previously Baa3,
-- Cl. B-4, Downgraded to Ba3, previously Ba2.
Issuer: Bear Stearns Asset Backed Securities I Trust 2006-ST1
-- Cl. M-2, Downgraded to A2, previously A1,
-- Cl. M-3, Downgraded to Baa1, previously A2,
-- Cl. M-4, Downgraded to Baa2, previously A3,
-- Cl. B-1, Downgraded to Ba1, previously Baa1,
-- Cl. B-2, Downgraded to Ba3, previously Baa2,
-- Cl. B-3, Downgraded to B3, previously Baa3,
-- Cl. B-4, Downgraded to Caa2, previously Ba2.
Issuer: Bear Stearns Mortgage Funding Trust 2006-AC1
-- Cl. M-2, Downgraded to A2, previously A1,
-- Cl. M-3, Downgraded to Baa1, previously A2,
-- Cl. M-4, Downgraded to Baa2, previously A3,
-- Cl. B-1, Downgraded to Ba1, previously Baa1,
-- Cl. B-2, Downgraded to B1, previously Baa2,
-- Cl. B-3, Downgraded to B2, previously Baa3,
-- Cl. B-4, Downgraded to B3 on review for possible further
downgrade, previously Ba2.
BEAZER HOMES: Expects $230 Million Pre-Tax Charges for 4th Quarter
------------------------------------------------------------------
Beazer Homes USA Inc. reported Monday certain unaudited and
preliminary fourth quarter financial and operating data and also
disclosed further steps to reduce costs and improve operating
efficiencies in response to continued deterioration in the housing
market.
The company currently expects results for the fourth quarter of
fiscal 2007 to include non-cash pre-tax charges to abandon land
option contracts, to recognize inventory impairments and to record
impairments and land option abandonments in joint ventures of
approximately $230 million. In addition, the company is currently
in the process of evaluating the recoverability of its goodwill,
which may result in impairment charges.
Home closings for the quarter ended Sept. 30, 2007, totaled 3,940,
a 39% decline from the same period in the prior fiscal year. This
resulted in a backlog conversion ratio of 66%, as the company
remained focused on converting its existing backlog for cash
generation. Net new home orders totaled 973, a decline of 53%
from the prior fiscal year, driven largely by an unusually high
cancellation rate of 68%, which the company attributes in part to
the pronounced tightening in the mortgage markets in August and
September.
The company significantly increased its cash position during its
fiscal fourth quarter. At Sept. 30, 2007, the company had a cash
balance of $459.5 million, up from $128.8 million at June 30,
2007. Subsequently, the company has repaid approximately
$75.0 million in secured debt, pledged $107.0 million to
collateralize its outstanding letters of credit and paid a consent
fee to holders of its Senior Notes and Senior Convertible Notes
and related expenses totaling $21.0 million.
The company continues to reduce its land holdings and home
inventories. The company controlled a total of 61,974 lots (59%
owned and 41% optioned) at Sept. 30, 2007, reflecting reductions
of 14% compared to the level at June 30, 2007, 30% compared to the
level at Sept. 30, 2006, and 42% compared to a peak level at
Dec. 31, 2005. As of Sept. 30, 2007, unsold finished homes and
unsold homes under construction declined by 28% and 35%,
respectively, from year-ago levels. The company remains committed
to aligning its land supply and inventory levels to current
expectations for home closings, and continues to exercise caution
and discipline with respect to investment in inventory. For FY
2007 total land and land development expenditures were
approximately $835 million, representing a reduction of 42% from
FY 2006. The company currently expects land spending to be even
further reduced in FY 2008, based on current market conditions.
"The housing industry continues to face the most difficult
business conditions in over a decade," said Ian J. McCarthy,
president and chief executive officer. "We maintain the view that
the long term fundamentals for housing remain compelling and that
our strategic initiatives to differentiate Beazer Homes in the
eyes of the consumer and to allocate capital and resources in
order to enhance long term shareholder value will position us well
for the future. At the same time, we must continue to adapt to
the realities of the current market by remaining disciplined in
our operating approach and continuing to focus on initiatives
aimed at responding to what we believe will continue to be a
challenging environment in the near term. These initiatives
include reductions in direct costs, overhead expenses and land
spending, and an intense focus on sales and marketing efforts to
reduce unsold home inventories, all with the aim of generating
cash."
Steps to Reduce Costs and Improve Efficiencies
The company has recently taken steps to further reduce its overall
cost structure and improve operating efficiencies. In October
2007, the company reduced overall headcount by approximately 650
positions, or 25%. Since reaching peak headcount levels in March
2006, overall headcount has declined by over 50% through
reductions in force and attrition. The company expects these most
recent headcount reductions to result in annualized cost savings
of at least $30 million. In addition, the company has reorganized
accounting and back-office functions and is centralizing a number
of marketing initiatives to achieve additional efficiencies.
"With recent industry data suggesting that market conditions may
deteriorate further before a recovery is underway, we need to
adapt and further align our cost structure and investment levels
to expected lower volumes. While these decisions are not taken
lightly, they are necessary in order to maintain our sound
financial position," said McCarthy.
Suspension of Quarterly Dividend
The company also announced that its Board of Directors voted to
suspend the company's quarterly dividend of $0.10 per share. The
Board concluded that this action, which will allow the company to
conserve approximately $16 million of cash on an annual basis, is
prudent in light of the continued deterioration in the housing
market.
About Beazer Homes
Headquartered in Atlanta, Beazer Homes USA Inc., (NYSE: BZH) --
http://www.beazer.com/-- is a single-family homebuilder with
operations in Arizona, California, Colorado, Delaware, Florida,
Georgia, Indiana, Kentucky, Maryland, Nevada, New Jersey, New
Mexico, New York, North Carolina, Ohio, Pennsylvania, South
Carolina, Tennessee, Texas, Virginia and West Virginia and also
provides mortgage origination and title services to its
homebuyers.
* * *
As reported in the Troubled Company Reporter on Nov 1, 2007,
Standard & Poor's Ratings Services ratings on Beazer Homes USA
Inc. (B+/Watch Neg/--) will remain on CreditWatch with negative
implications until the extent of pending restatements tied to its
recently completed internal investigation are finalized and the
company files all financial statements with the SEC.
As reported in the Troubled Company Reporter on Oct 16, 2007,
Fitch Ratings downgraded Beazer Homes USA Inc.'s Issuer Default
Rating to 'BB-' from 'BB'.
BIEHLER COMPANIES: Jim Biehler's Group Ponders a Buyout
-------------------------------------------------------
Jim Biehler, father of John Biehler, president of Biehler
Companies Inc., disclosed a collective intent to buy all of the
company's assets in hopes to have a fresh start after bankruptcy,
Carrie Rengers of Wichita Eagle reports.
Jim Biehler said he and 11 company managers have formed a group
and are currently negotiating with "interested parties" of a
possible employee purchase of the bankrupt landscaper, according
to the report.
Wichita, Kansas-based Biehler Companies, Inc., dba Suburban
Landscapes Management, -- http://www.landscapeitnow.com/-- offers
landscaping services. The Debtor filed for chapter 11 bankruptcy
protection on Oct. 15, 2007 (Bankr. D. Kans. Case No. 07-12500).
W. Thomas Gilman, Esq. at Redmond & Nazar, LLP represents the
Debtor in its restructuring efforts. When the Debtor filed for
bankruptcy, it listed assets between $100,000 to $1 million and
debts between $1 million to $100 million.
BLUE EDGE: Moody's Cuts Ratings on Three Note Classes to Low-B
--------------------------------------------------------------
Moody's Investors Service downgraded and placed these notes issued
by Blue Edge ABS CDO Ltd. on review for possible downgrade:
-- $33,750,000 Class C Deferrable Interest Floating Rate
Notes Due 2050
Prior Rating: A2
Current Rating: Baa1, on review for possible downgrade
-- $3,900,000 Class D-1 Deferrable Interest Floating Rate
Notes Due 2050
Prior Rating: Baa2
Current Rating: Ba1, on review for possible downgrade
-- $2,350,000 Class D-2 Deferrable Interest Fixed Rate Notes
Due 2050
Prior Rating: Baa2
Current Rating: Ba1, on review for possible downgrade
-- $3,125,000 Class E Deferrable Interest Floating Rate
Notes Due 2050
Prior Rating: Baa3
Current Rating: Ba2, on review for possible downgrade
-- $30,000,000 Class I Combination Notes Due 2050
Prior Rating: A3
Current Rating: Baa1, on review for possible downgrade
-- $6,527,778 Class II Combination Notes Due 2050
Prior Rating: A2
Current Rating: Baa2, on review for possible downgrade
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of structured
finance securities.
BOHUMIR MARIK: Case Summary & 14 Largest Unsecured Creditors
------------------------------------------------------------
Debtor: Bohumir Marik
aka Bob Marik
33652 Holtz Hill Road
Dana Point, CA 92629-1915
Bankruptcy Case No.: 07-13604
Chapter 11 Petition Date: October 31, 2007
Court: Central District Of California (Santa Ana)
Judge: Theodor Albert
Debtor's Counsel: John Saba, Esq.
13902 Gershon Place
Santa Ana, CA 92705
Tel: (714) 544-1276
Fax: (714) 544-2307
Estimated Assets: $1 Million to $10 Million
Estimated Debts: $1 Million to $10 Million
Debtor's list of his 14 Largest Unsecured Creditors:
Entity Nature of Claim Claim Amount
------ --------------- ------------
Law Office of Les Zieve Note (secured) $3,200,000
17682 Beach Blvd., Suite 204
Huntington Beach, CA 92647
Buckeye Retirement Co., Note (secured) $1,600,000
LLC, Ltd.
100 North Center Street
newton Falls, OH
44444-1321
The Cadle Company Note (secured) $1,600,000
100 North Center Street
newton Falls, OH
44444-1321
Anna Slintak Loan (secured) $420,000
Bank of America Line of credit $130,000
Gregory Grantham Attorneys Fees $100,000
Martin Slintak Loan (secured) $80,000
Templeton Briggs, Esq. Attorneys Fees $40,000
American Express Credit card $1,450
Citibank Credit card $300
S.D.G. & E. Electricity $210
AT & T Telephone $180
Verizon Telephone $120
DIRECTV, Inc. Satellite TV $80
BOSTON SCIENTIFIC: Selling Cardiac & Vascular Biz for $750 Mil.
---------------------------------------------------------------
Boston Scientific Corporation signed a definitive agreement for
the sale of its Cardiac Surgery and Vascular Surgery businesses to
the Getinge Group for a cash price of $750 million and
is expected to close within the next 45-90 days, subject to
regulatory approvals and customary conditions.
The company disclosed its intent to sell the Cardiac Surgery and
Vascular Surgery businesses on Aug. 16, as part of its plan to
divest non-strategic assets and increase shareholder value.
Boston Scientific acquired the Cardiac Surgery business in April
2006 as part of the Guidant transaction.
The Cardiac Surgery business is a developer of medical
technologies designed for use in surgical cardiac procedures,
including beating-heart bypass surgery systems and endoscopic
vessel harvesting for coronary bypass surgery. The business
employs approximately 450 people.
Boston Scientific acquired the Vascular Surgery business in 1995.
The Vascular Surgery business develops synthetic grafts and
patches used to surgically treat vascular disease, including the
repair of abdominal aortic aneurysms and peripheral vascular
anatomy. The business has approximately 250 employees. The
combined revenues of the two businesses in 2006 were approximately
$275 million.
"Working with the talented employees of the Cardiac Surgery and
Vascular Surgery businesses, our goal is to drive growth and bring
new technologies to these markets, ultimately benefiting cardiac
and vascular surgeons and their patients," Johan Malmquist,
president and chief executive officer of the Getinge Group of
Stockholm, Sweden, said. "We are excited to complement our
existing portfolio with these valuable businesses, each of which
brings leading market positions and impressive product lines."
"This transaction completes an element of our plan to divest non-
strategic assets, focus on our core businesses and increase
shareholder value," Jim Tobin, president and chief executive
officer of Boston Scientific, said. "We deeply appreciate the
contributions our Cardiac Surgery and Vascular Surgery employees
have made to Boston Scientific, our customers and their patients.
We know they will continue to serve customers
and patients well going forward."
About Getinge Group
Headquartered in Rochester, New York, The Getinge Group --
http://www.getinge.com/-- is a provider of equipment and systems
to customers within health care, extended care and pharmaceutical
industries/laboratories. The Group comprises three business
areas: Medical Systems (systems for surgery and intensive care),
Infection Control (system equipment for disinfection and
sterilization) and Extended Care (care ergonomics). The Group
maintains positions within the majority of the company's product
lines.
About Boston Scientific
Headquartered in Natick, Massachusetts, Boston Scientific
Corporation (NYSE: BSX) -- http://www.bostonscientific.com/--
develops, manufactures and markets medical devices used in a
broad range of interventional medical specialties. The company
has offices in Argentina, Chile, France, Germany, and Japan,
among others.
* * *
As reported in the Troubled Company Reporter on Oct. 23, 2007,
Standard & Poor's Ratings Services affirmed its ratings on Boston
Scientific Corp. (including the 'BB+' corporate credit rating) and
removed them from CreditWatch, where they were placed with
negative implications Aug. 3, 2007. The rating outlook is
negative.
BROOKVILLE CDO: Moody's Junks Ratings on Two Note Classes
---------------------------------------------------------
Moody's Investors Service placed on review for possible downgrade
these notes issued by Brookville CDO I Ltd.
-- $200,000,000 Class A-1 First Priority Senior Secured
Floating Rate Delayed Draw Notes Due 2050
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
In addition, Moody's announced that it has downgraded and left on
review for possible downgrade these notes.
-- $125,000,000 Class A-2 Second Priority Senior Secured
Floating Rate Notes Due 2050
Prior Rating: Aaa
Current Rating: A3, on review for possible downgrade
-- $50,000,000 Class A-3 Third Priority Senior Secured
Floating Rate Notes Due 2050
Prior Rating: Aaa
Current Rating: Baa2, on review for possible downgrade
-- $45,000,000 Class B Fourth Priority Senior Secured
Floating Rate Notes Due 2050
Prior Rating: Aa2
Current Rating: Ba1, on review for possible downgrade
-- $28,000,000 Class C Fifth Priority Mezzanine Secured
Deferrable Floating Rate Notes Due 2050
Prior Rating: A2
Current Rating: B3, on review for possible downgrade
-- $17,000,000 Class D Sixth Priority Mezzanine Secured
Deferrable Floating Rate Notes Due 2050
Prior Rating: Baa2
Current Rating: Caa2, on review for possible downgrade
-- $15,000,000 Class E Seventh Priority Mezzanine Secured
Deferrable Floating Rate Notes Due 2050
Prior Rating: Baa3
Current Rating: Caa3, on review for possible downgrade
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of asset-
backed securities.
C-BASS CBO: Moody's Cuts Rating on $10 Mil. Class D Notes to Ba2
----------------------------------------------------------------
Moody's Investors Service placed these notes issued by C-Bass CBO
XIX Ltd. on review for possible downgrade:
-- $100,000,000 Class A-2 Second Priority Senior Secured
Floating Rate Notes Due 2047
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
-- $42,000,000 Class B Third Priority Senior Secured
Floating Rate Notes Due 2047
Prior Rating: Aa2
Current Rating: Aa2, on review for possible downgrade
In addition Moody's also announced that it has downgraded and left
on review for possible downgrade these notes:
-- $23,000,000 Class C Fourth Priority Secured Floating Rate
Deferrable Interest Notes Due 2047
Prior Rating: A2
Current Rating: Baa3, on review for possible downgrade
-- $10,000,000 Class D Fifth Priority Secured Floating Rate
Deferrable Interest Notes Due 2047
Prior Rating: Baa2
Current Rating: Ba2, on review for possible downgrade
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of structured
finance securities.
CAIRN MEZZ: Moody's Cuts Ratings on Four Note Classes to Low-B
--------------------------------------------------------------
Moody's Investors Service placed these notes issued by Cairn Mezz
ABS CDO III Limited on review for possible downgrade:
-- $75,000,000 Class A2A Senior Secured Floating Rate Notes
Due 2047
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
-- $148,000,000 Class A2B Senior Secured Floating Rate Notes
Due 2047
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
-- $67,000,000 Class B1 Senior Secured Floating Rate Notes
Due 2047
Prior Rating: Aa2
Current Rating: Aa2, on review for possible downgrade
-- $11,000,000 Class B2 Senior Secured Floating Rate Notes
Due 2047
Prior Rating: Aa3
Current Rating: Aa3, on review for possible downgrade
In addition Moody's also announced that it has downgraded and left
on review for possible downgrade these notes:
-- $13,000,000 Class C1 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2047
Prior Rating: A1
Current Rating: Baa1, on review for possible downgrade
-- $18,750,000 Class C2 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2047
Prior Rating: A2
Current Rating: Baa2, on review for possible downgrade
-- $17,000,000 Class C3 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2047
Prior Rating: A3
Current Rating: Baa3, on review for possible downgrade
-- $17,000,000 Class D1 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2047
Prior Rating: Baa1
Current Rating: Ba1, on review for possible downgrade
-- $17,000,000 Class D2 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2047
Prior Rating: Baa2
Current Rating: Ba2, on review for possible downgrade
-- $17,000,000 Class D3 Mezzanine Secured Deferrable
Interest Floating Rate Notes Due 2047
Prior Rating: Baa3
Current Rating: Ba3, on review for possible downgrade
-- $9,250,000 Class E Mezzanine Secured Deferrable Interest
Floating Rate Notes Due 2047
Prior Rating: Ba1
Current Rating: B1, on review for possible downgrade
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of structured
finance securities.
CATHOLIC CHURCH: Judge Adler Dismisses San Diego's Chapter 11 Case
------------------------------------------------------------------
The Hon. Louise DeCarl Adler of the U.S. Bankruptcy Court for the
Southern District of California granted The Roman Catholic Bishop
of San Diego's request to dismiss its Chapter 11 case but only
after delivering a stinging rebuke to Diocesan officials,
according to reports.
Judge Adler said she planned to grant San Diego's Dismissal
Request without comment but then, she received a letter from the
Diocese asking her to help pay the $198,000,000 settlement with
144 sex-abuse victims, says The San Diego Union-Tribune.
The judge said she does not object to Catholics being asked to
contribute. However, she found the financial breakdown that was
enclosed in the letter as "lacking candor." Judge Adler also
scolded the Church for being "disingenuous" in reporting its
finances to parishioners.
"[T]here is ample property the Church could sell or mortgage to
fund the settlement, like parking lots, houses and other holdings
listed in court documents," Judge Adler said. "The diocese could
have settled the claims without seeking bankruptcy . . . Chapter
11 is not supposed to be a vehicle, a method, to hammer down the
claims of those abused."
Judge Adler shed tears moments before delivering her ruling
because some victims stepped forward to thank her, according to
Union-Tribune reporters Sandi Dolbee and Mark Sauer.
The Tribune says Church officials were disappointed by the
judge's comments. San Diego Diocese Spokesman Rodrigo Valdivia
insists that the financial breakdown is accurate.
Objection Overruled
Judge Adler overruled the objection to the Dismissal Request
asserted by J. Brian Campbell, Esq., in Needles, California, on
behalf of Dean A. and Wayne B.
"As this case is being dismissed without any impact [with respect
to] non-settled cases, plaintiffs Dean A. and Wayne B. retain
their full state court rights to pursue litigation against [the
Diocese]," Judge Adler said.
Prior to the ruling, Irwin M. Zalkin, Esq., at Zalkin & Zimmer,
LLP, in San Diego, California, informed the Court that pursuant
to an initial case management order governing the coordinated
proceedings in Clergy I and Clergy II cases, it was the
responsibility of the defense counsel to provide the plaintiff's
liaison counsel, Kiesel, Boucher & Larson, LLP, with the
complaint's information. However, upon information and belief,
he says, Mr. Campbell never served his original complaint, and
only provided information from an amended complaint filed in
2004.
Mr. Zalkin noted that during the mediation sessions of San
Diego's bankruptcy case, a schedule of the 2003 and post-2003
cases were made available to all of the claimants' counsel
present, including Mr. Campbell. However, neither Zalkin &
Zimmer nor Judge Papas were made aware of any changes to the
schedules by Mr. Campbell. The list of 2003 cases produced by
Kiesel Boucher was compared to the Diocese's list by Judge Papas,
and Mr. Campbell's two cases were not listed on either list.
In addition, Mr. Zalkin told the Court that he and Michael H.
Zimmer, Esq., attended the September 6, 2007 meeting -- where Mr.
Campbell was advised by Judge Papas' clerk that he was not listed
as an attendee. According to Mr. Zalkin, Mr. Campbell did not
contact either him, Mr. Zimmer or Judge Papas on that day. The
first time that Zalkin & Zimmer became aware of Mr. Campbell's
cases was on September 7, through a phone call at approximately
2:30 p.m., followed by an e-mail.
Professional Fees
The Court reserved its jurisdiction to hear and determine fees of
professionals.
Judge Adler directed the Diocese to give notice of the deadline
for all professionals to seek payment of fees, which fee
applications will be heard at the next available and convenient
date.
"In court ruling-jurisdiction" is likewise reserved to allow
Judge Papas to confirm the Memorandum of Understanding
settlement, Judge Adler held.
About the San Diego Diocese
The Roman Catholic Diocese of San Diego in California --
http://www.diocese-sdiego.org/-- employs approximately 3,000
people in various areas of work. The Diocese filed for Chapter 11
protection just before commencement of the first of court
proceedings for 140 sexual abuse lawsuits filed against the
Diocese. Authorities of the San Diego Diocese said they were not
in favor of litigating their cases.
The San Diego Diocese filed for chapter 11 protection on Feb. 27,
2007 (Bankr. S.D. Calif. Case No. 07-00939). Gerald P. Kennedy,
Esq., at Procopio, Cory, Hargreaves and Savitch LLP, represents
the Diocese. Attorneys at Pachulski Stang Ziehl & Jones LLP
represent the Official Committee of Unsecured Creditors. In its
schedules of assets and liabilities, the Diocese listed total
assets of $152,510,888 and total liabilities of $72,754,092.
On March 27, 2007, the Debtor filed its plan and disclosure
statement. On March 7, 2007, San Diego filed an Amended Plan and
Disclosure Statement and on March 8, the Court approved the
adequacy of the Amended Disclosure Statement explaining the
Amended Plan. On April 24, 2007, the Court confirmed the Debtor's
Amended Plan. (Catholic Church Bankruptcy News, Issue No. 107;
Bankruptcy Creditors' Service Inc.; http://bankrupt.com/newsstand/
or 215/945-7000).
CETUS ABS: Moody's Junks Ratings on Five Note Classes
-----------------------------------------------------
Moody's Investors Service placed these notes issued by Cetus ABS
CDO 2006-3 Ltd. on review for possible downgrade:
-- $757,000,000 Class A-1A Floating Rate Senior Secured
Variable Funding Notes Due 2051
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
-- $29,000,000 Class S Floating Rate Senior Secured Notes
Due 2051
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
-- $30,000,000 Class A-1B Floating Rate Senior Secured Notes
Due 2051
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
In addition Moody's also announced that it has downgraded and left
on review for possible downgrade these notes:
-- $163,000,000 Class A-2 Floating Rate Senior Secured Notes
Due 2051
Prior Rating: Aaa, on review for possible downgrade
Current Rating: A2, on review for possible downgrade
-- $90,000,000 Class B Floating Rate Secured Notes Due 2051
Prior Rating: Aa2, on review for possible downgrade
Current Rating: Baa2, on review for possible downgrade
-- $65,000,000 Class C-1 Floating Rate Deferrable Secured
Notes Due 2051
Prior Rating: A2, on review for possible downgrade
Current Rating: Caa1, on review for possible downgrade
Moody's also announced that it has downgraded these notes:
-- $26,000,000 Class C-2 Floating Rate Deferrable Secured
Notes Due 2051, Downgraded to Ca from A3
Prior Rating: A3, on review for possible downgrade
Current Rating: Ca
-- $43,000,000 Class D-1 Floating Rate Deferrable Secured
Notes Due 2051, Downgraded to Ca from Baa2
Prior Rating: Baa2, on review for possible downgrade
Current Rating: Ca
-- $8,000,000 Class D-2 Floating Rate Deferrable Secured
Notes Due 2051, Downgraded to Ca from Baa3
Prior Rating: Baa3, on review for possible downgrade
Current Rating: Ca
-- $6,000,000 Class E Floating Rate Deferrable Secured Notes
Due 2051
Prior Rating: Ba1, on review for possible downgrade
Current Rating: Ca
-- $15,500,000 Class X Fixed Rate Deferrable Secured Notes
Due 2051
Prior Rating: Baa3, on review for possible downgrade
Current Rating: Ba1, on review for possible downgrade
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of Cashflow
CDOs, RMBS, CMBS, and ABS securities.
CETUS ABS: Moody's Junks Ratings on Three Note Classes
------------------------------------------------------
Moody's Investors Service placed these notes issued by CETUS ABS
CDO 2006-1 LTD. on review for possible downgrade:
-- $100,000,000 Class A-1 Floating Rate Senior Secured Notes
Due 2046
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
In addition Moody's also announced that it has downgraded and left
on review for possible downgrade these notes:
-- $50,000,000 Class A-2 Floating Rate Senior Secured Notes
Due 2046
Prior Rating: Aa2, on review for possible downgrade
Current Rating: Ba1, on review for possible downgrade
Moody's also announced that it has downgraded these notes:
-- $55,000,000 Class B Floating Rate Deferrable Subordinate
Secured Notes Due 2046
Prior Rating: A2, on review for possible downgrade
Current Rating: Ca
-- $40,000,000 Class C Floating Rate Deferrable Junior
Subordinate Secured Notes Due 2046, Downgraded to Ca from
Baa2
Prior Rating: Baa2, on review for possible downgrade
Current Rating: Ca
-- $30,000,000 Class D Floating Rate Deferrable Junior
Subordinate Secured Notes Due 2046
Prior Rating: Ba1, on review for possible downgrade
Current Rating: Ca
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of Cashflow
CDOs, RMBS, CMBS, and ABS securities.
CETUS ABS: Moody's Junks Ratings on Two Note Classes
----------------------------------------------------
Moody's Investors Service placed these notes issued by Cetus ABS
CDO 2006-2 on review for possible downgrade:
-- $100,000,000 Class A-1 Floating Rate Senior Secured Notes
Due 2046
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
In addition Moody's also announced that it has downgraded and left
on review for possible downgrade these notes:
-- $50,000,000 Class A-2 Floating Rate Senior Secured Notes
Due 2046
Prior Rating: Aa2, on review for possible downgrade
Current Rating: Ba1, on review for possible downgrade
Moody's also announced that it has downgraded these notes:
-- $55,000,000 Class B Floating Rate Deferrable Subordinate
Secured Notes Due 2046
Prior Rating: A2, on review for possible downgrade
Current Rating: Ca
-- $40,000,000 Class C Floating Rate Deferrable Junior
Subordinate Secured Notes Due 2046
Prior Rating: Baa2, on review for possible downgrade
Current Rating: Ca
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of Cashflow
CDOs, RMBS, CMBS, and ABS securities.
CETUS ABS: Moody's Downgrades Ratings on Two Note Classes to Low-B
------------------------------------------------------------------
Moody's Investors Service placed these notes issued by Cetus ABS
CDO 2006-4 Ltd. on review for possible downgrade:
-- $150,000,000 Class A-1 Floating Rate Senior Secured Notes
Due 2047
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
-- $75,000,000 Class A-2 Floating Rate Senior Secured Notes
Due 2047
Prior Rating: Aa2
Current Rating: Aa2, on review for possible downgrade
In addition Moody's also announced that it has downgraded and left
on review for possible downgrade these notes:
-- $82,500,000 Class B Floating Rate Deferrable Subordinate
Secured Notes Due 2047
Prior Rating: A2
Current Rating: Ba3, on review for possible downgrade
-- $60,000,000 Class C Floating Rate Deferrable Junior
Subordinate Secured Notes Due 2047
Prior Rating: Baa2
Current Rating: B1, on review for possible downgrade
Moody's also announced that it has downgraded these notes:
-- $22,500,000 Class D Floating Rate Deferrable Junior
Subordinate Secured Notes Due 2047
Prior Rating: Ba1
Current Rating: Ca
-- $30,000,000 Class E Floating Rate Deferrable Junior
Subordinate Secured Notes Due 2047
Prior Rating: Ba2, on review for possible downgrade
Current Rating: Ca
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of CDOs,
RMBS, CMBS, and ABS securities.
CII CARBON: Prices $235 Million Senior Subordinated Bonds
---------------------------------------------------------
CII Carbon LLC, subsidiary of India's Rain Calcining Ltd., has
priced its $235 million senior subordinated bonds due 2015,
Reuters reports citing a source close to the deal.
According to Reuters' source, the bonds, which will not be
redeemable for four years, will have a yield of 11.125% and a
spread of 672 basis points over similar Treasury issuance.
Proceeds from the notes will be used to refinance the outstanding
amount from a bridge loan availed to complete RCL's acquisition of
CII. Rain Calcining acquired CII in July 2007 in a primarily cash
transaction valued at $619 million.
Headquartered in Kingwood, Texas, CII Carbon LLC is a producer of
calcined coke globally with approximately 1.9mt capacity and seven
operating locations in the United States.
Headquartered in Hyderabad, India, Rain Calcining Ltd --
http://www.raincalcining.com/-- is one of the top five
producers of calcined coke globally, and is the largest in Asia.
It has an annual production capacity of 0.6 million tons, and its
plant is located in Visakhapatnam (India). Aside from calcining,
the company also operates in the power and trading segments.
* * *
As reported in the Troubled Company Reporter on Oct. 23, 2007,
Moody's Investors Service assigned a B2 corporate family rating to
CII Carbon LLC, and a B2 probability of default rating. At the
same time, Moody's assigned a B1 rating to CII Carbon's secured
bank facility and a B3 rating to CII's and CII Carbon Corp.'s (co-
issuers) $235 million guaranteed senior subordinated notes due
2015.
CITIUS II: Moody's Cuts Rating on $19 Mil. Class D Notes to Ba3
---------------------------------------------------------------
Moody's Investors Service placed these notes issued by Citius II
Funding Ltd. on review for possible downgrade:
-- $1,800,000,000 aggregate Principal Component of
commercial paper notes
Prior Rating: P-1
Current Rating: P-1, on review for possible downgrade
-- $95,000,000 Class A Secured Floating Rate Notes Due 2047
Prior Rating: Aaa
Current Rating: Aaa, on review for possible downgrade
-- $50,000,000 Class B Secured Floating Rate Notes Due 2047
Prior Rating: Aa2
Current Rating: Aa2, on review for possible downgrade
In addition Moody's also announced that it has downgraded and left
on review for possible downgrade these notes:
-- $20,000,000 Class C Deferrable Floating Rate Notes Due
2047
Prior Rating: A2
Current Rating: Baa3, on review for possible downgrade
-- $19,000,000 Class D Deferrable Floating Rate Notes Due
2047
Prior Rating: Baa2
Current Rating: Ba3, on review for possible downgrade
According to Moody's, the rating actions are the result of
deterioration in the credit quality of the transaction's
underlying collateral pool, which consists primarily of structured
finance securities.
COGNIGEN NETWORKS: Buying Commission River Thru 16 Million Shares
-----------------------------------------------------------------
Cognigen Networks Inc. has signed a Letter of Intent to acquire
Commission River Inc. Under the Letter of Intent, Cognigen
proposes to issue 16 million shares of its common stock for the
acquisition.
Cognigen also signed a management services agreement with
Commission River to provide day-to-day management services for
Cognigen's agent-based affiliate marketing business effective
immediately.
The acquisition is subject to standard closing conditions,
including the completion of due diligence activities, drafting and
execution of a definitive purchase agreement, and board of
director approval. Upon completion of the acquisition, Cognigen
intends to enter into employment agreements with Commission
Rivers' founders, Adam Edwards and Patrick Oborn.
"We are excited to expand our business with the addition of
Commission River," Bob Bench, Cognigen's new CEO, stated.
"Commission River and its management team bring the capabilities
and experience in the affiliate marketing area that enhance
Cognigen's existing abilities. We anticipate that this
acquisition, if completed, will also add new technologies to
Cognigen that will make it easier for agents and vendors to do
business with us."
"This is the first of several initiatives to re-establish our
capabilities to support our agents and re-build confidence," Mr.
Bench added. "We believe Cognigen will greatly benefit from the
wealth of Internet marketing and affiliate management experience
of the Commission River management team. We also believe that
Commission River will provide interim operational services while
we work towards completing the acquisition. If the acquisition is
completed, we anticipate that our agents will benefit from the
added support resources and future product offerings."
"We are excited about the opportunity to combine our business with
Cognigen," Adam Edwards, president of Commission River, said. "We
share their vision to become one of the leaders in the affiliate
marketing space and believe that the combination of our
technology, processes, and program with Cognigen's programs and
agent base will create tremendous opportunities for all involved -
- including agents, vendors and both companies. Under the
management services agreement, we can immediately step-in and
provide management support to the business."
About Commission River
Headquartered in Draper, Utah, Commission River Inc. --
http://www.commissionriver.com/-- is an online pay-per-action
marketing network that gathers customers for select vendors.
Commission River provides marketing tools, training, and tracking
that enables online affiliates the ability to drive leads using
blogs, paid search, and organic search engine optimization
techniques. Commission River likewise creates software that
enables affiliates the ability to coordinate, cross-link, and
share ideas with each other in a close-knit community whose
emphasis is on mutual success. The company was founded in 2005.
About Cognigen Networks
Based in Mountlake Terrace, Washington, Cognigen Networks Inc.
(OTC BB:CGNW.OB) -- http://www.cognigen.net/-- operates as an
Internet and relationship enabled marketer. It offers a range of
telecommunication services and r