A Bulgarian court on Wednesday declared debt-ridden steel maker Kremikovtzi insolvent and opened a bankruptcy procedure against the company.
Since the ruling names December 31, 2005 as the date of insolvency, the claims of the holders of bonds secured with assets of the steel maker that were issued after said date may have to take a back-seat to those of other creditors.
The Kremikovtzi bond was collaterised with key assets like the plant's blast furnaces, the coke production line and the continuous casting line.
The ruling also means that all members of the company's governing bodies incur criminal liability for failing to file for insolvency.
Experts said the plant will most likely not be shuttered. A closure/no closure decision will be taken at a creditors' meeting scheduled for September 24.
The Bulgarian government, one of Kremikovtzi biggest creditors, has repeatedly stated that the plant should not be shut down. Neither is plant closure on the minds of the two biggest candidate buyers: India's Arcelor Mittal and Vorskla Steel, owned by Ukrainian billionaire Konstantin Zhevago. Both companies would like to acquire the plant through an auction procedure.
As an interim solution, the two candidates have each proposed to run Kremikovtzi until the actual ownership changeover.
To this end, Arcelor Mittal and Vorskla Steel have each signed tolling agreements with Kremikovtzi.
Bozhko Bonev, corporate secretary of the Bulgarian steel maker, said the court-appointed receiver will now decide which of the two tolling agreements should be honored.
A member of the bondholders committee told Dnevnik he will sue the Bulgarian government if the bond collateral turns out to be worthless. He said he had a case because the government approved the use of company assets as collateral and then took advantage of the funds raised by the bond issue.
It was the Bulgarian government, a 25% shareholder in Kremikovtzi, that enabled the bond after the majority owner, Indian businessman Pramod Mittal, was barred from exercising his voting rights due to a conflict of interests.
After Mittal, the government was the second biggest beneficiary of the bond proceeds as the steel maker was able to settle outstanding bills to state-owned companies like the National Social Security Institute, power utility NEK, gas distributor Bulgargaz and railway carrier BDZ.(Dnevnik)
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