Shipping Company TBS International Files For Chapter 11

   By Stephanie Gleason 
   Of DOW JONES DAILY BANKRUPTCY REVIEW 
 

International shipping company TBS International Plc (TBSI) filed for Chapter 11 bankruptcy protection Monday, blaming factors that have led other shipping companies to seek similar relief under the Bankruptcy Code, including a weak global economy, increased fuel costs, industry overcapacity and poor liquidity in the credit markets.

TBS International submitted a prepackaged plan to restructure its $220 million debt load, according to documents filed with the U.S. Bankruptcy Court in White Plains, N.Y. The company has $369.7 million in assets.

The plan pays some secured lenders a share of $151 million in new loans and 90% equity in the new company, rolls over other secured loans and pays unsecured creditor claims in full.

The new structure of these loans, which TBS International described as a "silo approach," secures its four major loans with assets owned by separate subsidiaries. In addition, the plan restructures TBS International as a private company and pays current stockholders nothing.

To facilitate its Chapter 11 plan, TBS International is asking for court approval of a $42.8 million bankruptcy loan. This debtor-in-possession, or DIP, financing is being lent by TBS International's secured lenders: Bank of America Corp. (BAC), DVB Bank SE (DVB.FF), Toronto-Dominion Bank (TD, TD.T) and Credit Suisse Group (CS).

"We are very pleased that our banks are supportive of the steps we have taken to improve our balance sheet and, through it, the long-term health of our company," Chief Executive Joseph Royce said in a statement.

In addition to the usual first-day motions, TBS International is asking the court for an order to present to foreign creditors that confirms the protections TBS International has under the Bankruptcy Code. The company said it believes this order will protect it from foreign creditors who might otherwise attempt to seize its assets or terminate contracts.

"We intend to move forward as expeditiously as possible to complete the restructuring. More importantly, I want to emphasize that this agreement ensures that our vessels will not be arrested and cargo will get to its destination as scheduled," Royce said.

The Yonkers, N.Y., company operates a 41-vessel fleet of tweendeckers and handymax dry bulk carriers in 20 countries with routes between Latin America and Japan as well as South Korea and China. It filed for Chapter 11 once before, in July 2000, after its business was impacted by the Asian financial crisis.

(Dow Jones Daily Bankruptcy Review covers news about distressed companies and those under bankruptcy protection.)

-Stephanie Gleason, Dow Jones Daily Bankruptcy Review; 202-862-1347; [e-mail]