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LIABILITIES SUBJECT TO COMPROMISE
6 Months Ended
Jun. 30, 2014
LIABILITIES SUBJECT TO COMPROMISE  
LIABILITIES SUBJECT TO COMPROMISE

18 — LIABILITIES SUBJECT TO COMPROMISE

 

As a result of the filing of the Chapter 11 Cases on April 21, 2014, the payment of pre-petition indebtedness is subject to compromise or other treatment under a plan of reorganization. Generally, actions to enforce or otherwise effect payment of pre-bankruptcy filing liabilities are stayed.  Although payment of pre-petition claims generally is not permitted, the Bankruptcy Court granted the Company authority to pay certain pre-petition claims in designated categories and subject to certain terms and conditions. This relief generally was designed to preserve the value of the Company’s businesses and assets.  Among other things, the Bankruptcy Court authorized the Company to pay certain pre-petition claims relating to employee wages and benefits, customers, vendors, and suppliers in the ordinary course of business.

 

The Company has been paying and intends to continue to pay undisputed post-petition claims in the ordinary course of business.  With respect to pre-petition claims, the Company has notified all known claimants of the deadline to file a proof of claim with the Bankruptcy Court. The Company’s Liabilities subject to compromise represent the Company’s current estimate of claims expected to be allowed by the Bankruptcy Court. As of June 30, 2014, the Company cannot reasonably estimate the value of the claims that will ultimately be allowed by the Bankruptcy Court since the Company’s evaluation, investigation and reconciliation of the filed claims has not been completed.

 

Pre-petition liabilities that are subject to compromise are required to be reported at the amounts expected to be allowed, even if they may be settled for lesser amounts.  The amounts currently classified as “Liabilities subject to compromise” may be subject to future adjustments depending on Bankruptcy Court actions, further developments with respect to disputed claims, determinations of the secured status of certain claims, the values of any collateral securing such claims, or other events. Management expects that certain amounts currently classified as “Liabilities subject to compromise” may in fact be paid in the ordinary course as they come due. Any resulting changes in classification will be reflected in subsequent financial statements.

 

As of June 30, 2014, Liabilities subject to compromise consist of the following:

 

 

 

June 30, 2014

 

2007 Credit Facility

 

$

1,055,912

 

$ 100 Million Term Loan Facility

 

73,561

 

$ 253 Million Term Loan Facility

 

175,718

 

Interest payable

 

13,199

 

Terminated interest rate swap liability

 

5,622

 

Convertible senior note payable

 

117,473

 

Bond coupon interest payable

 

1,105

 

Lease obligation for prior office space

 

828

 

Pre-petition accounts payable

 

157

 

Total

 

$

1,443,575