U.S. Courts confirm Marco Polo Seatrade Chapter 11 protection and frees vessel.
The New York Court supervising the reorganisation of Marco Polo Seatrade and its group affiliates has rejected the motions filed by the Royal Bank of Scotland and Credit Agricole seeking to dismiss the group's US Chapter 11 filings. Both lenders had asserted that Marco Polo Seatrade was not eligible for Chapter 11 protection and had indeed initiated its Chapter 11 case in bad faith. The court rejected all of the lenders' arguments. Antonio Zacchello, MD of Marco Polo Seatrade, says, "We are delighted that the court has confirmed that we acted in accordance with the law and in good faith in starting our Chapter 11 proceedings. We now look forward to developing the Chapter 11 reorganisation plan, preferably on a consensual basis with our lenders and creditors that will enable us to emerge from Chapter 11 as a strong and healthy competitor in the global shipping market."
Marco Polo Seatrade has reached an agreement with Credit Agricole to release the 115,000 dwt aframax tanker Montiron from arrest and return it to operations. Credit Agricole’s arrest of the Montiron on July 21, 2011 was one of the precipitating factors for Marco Polo's Chapter 11 filing. Marco Polo Seatrade is confident that it can resume its day-to-day activity in the pool within the next few days. This consensually resolves the litigation begun by Marco Polo against Credit Agricole relating to the release. The return to operations of the Montiron is the latest in a string of consensual agreements reached by Marco Polo Seatrade with its lenders in its Chapter 11 proceedings. This includes Marco Polo's continued use of its lenders' cash collateral and its ability to obtain additional ‘debtor in possession’ financing from the Royal Bank of Scotland. Marco Polo Seatrade will now continue to focus its efforts on emerging from Chapter 11 within a short period time and to provide a safe and reliable service to its clients.