To: william smith who wrote (27437 ) 11/1/1997 12:25:00 PM From: Walter Read Replies (1) | Respond to of 28369
If bsr is declared bankrupt, there is no need for new management or directors. Saturday, November 1, 1997 Bankruptcy beckons for Bre-X Busang camp had a 'salting shack:' book By CLAUDIA CATTANEO Calgary Bureau Chief The Financial Post Bre-X Minerals Ltd. will almost certainly be pushed into bankruptcy on Wednesday and if a group of Alberta and British Columbia investors have their way, so will its affiliate Bresea Resources Ltd. Separate bankruptcy motions - one from Ontario investors and one from those in B.C. and Alberta - will be heard Wednesday by Alberta Court of Queen's Bench Judge Robert Cairns. Both want what's left of Bre-X put in the hands of a court-appointed trustee and away from management. The Alberta and B.C. investors also want Bresea declared bankrupt so they can tap into its bigger assets. Investors lost billions of dollars last spring when Bre-X's Indonesian gold find was found to be a fraud. The two shareholder groups have different views about how the bankruptcy should be handled and who should be appointed trustee. Cairns attempted to deal with the "power struggle" in a hearing Friday by giving both teams equal status in Wednesday's proceedings. He will decide which bankruptcy proposal to support. A combination of the two is also possible. "I am surprised there is contention when everyone is trying to push the wagon to the end of the same trail," Cairns told the hearing. The Alberta and B.C. investors want to wipe out a side deal they say was "cooked up" without their involvement late Thursday by Bre-X president David Walsh and the Ontario investors. Walsh owns 14% of Bresea. The agreement would keep Bresea's current management in charge for up to 120 days. "There is no reason to leave Bresea out there, with $26 million [in cash] sitting in the courthouse. The creditors will be better served if Bre-X and Bresea go into bankruptcy," said lawyer Brian O'Leary, who represents the Alberta and B.C. group. "The effect of pushing Bresea into bankruptcy will annul the deal, and that's what we will be seeking" on Wednesday, said lawyer Clint Docken, who teamed up with O'Leary to represent Alberta and B.C. investors. The group has 115 shareholders from Alberta and 148 from B.C. "It's safe to assume that, one way or another, Bre-X will be bankrupt as of Wednesday," Docken said. The side deal has Bre-X agreeing to go bankrupt, but Bresea would continue to operate for up to 120 days. In that period, Bresea would call a shareholders meeting and elect a new board of directors. No current officers or directors would stand for re-election. Under the agreement, Bresea would continue to operate with three employees and pay office expenses of up to $25,000 a month. Another $20,000 would be earmarked for the cost of the shareholders' meeting and $50,000 for liquidating its subsidiary in the Netherlands. The deal was struck to give Bresea a chance to let its shareholders take control of its assets and determine its own destiny, said lawyer Larry Robinson, representing the Ontario group. Once the company or companies are put into bankruptcy, the trustee will liquidate the assets and distribute money to investors. "There could be early distribution of the cash assets that are already in court. The trustee will then pursue claims against the insiders from insider trading, and that process will take longer," Docken said. Bresea's assets include $26 million in cash, now in the hands of the court, assets in Indonesia, a building in Calgary and subsidiaries in the Netherlands. Bre-X has a US$5-million indemnity fund. At its peak, it had a market capitalization of $6 billion. Investors are seeking to recover assets through proceedings under way in Houston, in which Docken has joined Texas attorneys Paul Yetter and Lee Godfrey. "We have always taken the position that the best interest of the investors, as far as recovery, is in the U.S. class action," he said. Under that suit, investors are pursuing much larger claims against Bre-X principals, present and former directors, advisers, underwriters of stock issues and SNC-Lavalin Group Inc. Meanwhile, a lawyer representing thousands of Bre-X investors in B.C. says he now believes the Texas lawsuit poses shareholders' best chance at recouping their losses. David Klein said he has decided to align himself with the consortium of law firms being led by Yetter. Klein said he made his decision after reading an affidavit sworn by Ontario lawyer Harvey Strosberg, the lead lawyer in an Ontario-based action against Bre-X. Strosberg appears to argue the U.S. offers a superior legal climate for the pursuit of class action cases. Strosberg, however, has denied the views expressed in the affidavit apply to the Bre-X case. - with files from Paul Bagnall/FP Bre-X had 'salting shack:' book Eves plans big changes at OSC Weekly fund highlights Flicks from down East CANOE home | We welcome your feedback. Copyright c 1997, Canoe Limited Partnership. All rights reserved. Please click here for full copyright terms and restrictions.