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ISP Windstream Files For Chapter 11 Bankruptcy After Being Hit With $310 Million Judgement (arkansasbusiness.com)

bbsguru writes: Windstream Holdings Inc. of Arkansas filed for Chapter 11 bankruptcy on Monday, less than two weeks after a federal court judge found that the 2015 spinoff of its fiber and copper assets into a separate company ran afoul of bond covenants, exposing the company to a $310 million judgment. Windstream, a spinoff of the old Alltel Corp. of Arkansas, reported $5.8 billion in revenue in 2017. It employs about 13,000 companywide. CEO Tony Thomas said in a press release that the reorganization is "a necessary step to address the financial impact" of the judge's decision and "the impact it would have on consumers and businesses across the states in which we operate."

"Taking this proactive step will ensure that Windstream has access to the capital and resources we need to continue building on Windstream's strong operational momentum while we engage in constructive discussions with our creditors regarding the terms of a consensual plan of reorganization," Thomas said. "We acted decisively to secure the long-term financial stability of Windstream, and we are confident that, upon completion of the reorganization process, we will be even better positioned to invest in our business, expand our speed and capabilities for our customers and compete for the long term." A court approval of a reorganization plan will allow the company to continue paying its employees and maintain relationships with vendors, business partners and customers, Thomas said.

39 comments

  1. Here, LMFTFY by Anonymous Coward · · Score: 1

    "Taking this proactive step will ensure that Windstream has access to the capital and resources we need by sticking it to bondholders inspite of the federal judgment."

    Chapter 11 in this case is simply an appeal of the decision they can't lose.

    1. Re:Here, LMFTFY by rmdingler · · Score: 1

      The art of the bankruptcy:

      "What I've done is I've used, brilliantly, the laws of the country. And not personally, just corporate. And if you look at people like myself that are at the highest levels of business, they use -- many of them have done it, many times..."

      --
      Happiness in intelligent people is the rarest thing I know.

      Ernest Hemingway

    2. Re:Here, LMFTFY by Anonymous Coward · · Score: 0

      There is nothing wrong with filing for bankruptcy! I have done it many times.

      More notoriously, take for example our resident IT clerk living in San Jose and often seen in Palo Alto; he filed for bankruptcy many times and look where he is today.

      Big depressions happen sometimes and that's what bankruptcy is for!

    3. Re:Here, LMFTFY by Anonymous Coward · · Score: 0

      CD Reimer gave $71 to Second Harvest Food Bank to show VOX Media and The Verge. #SomethingPositive

    4. Re:Here, LMFTFY by Anonymous Coward · · Score: 0

      "There is nothing wrong with filing for bankruptcy!" = Socialism as practiced by Capitalist faggots with no scruples.

    5. Re:Here, LMFTFY by Anonymous Coward · · Score: 0

      Big depressions happen sometimes and that's what bankruptcy is for!

      Yes Chris, big depressions happen often in the Santa Clara County. When you move around, you leave a trail of barometers going low behind you.

    6. Re:Here, LMFTFY by Anonymous Coward · · Score: 0

      bankruptcy due to medical issues is at an all time high. You better hope you don't get sick.

  2. So...? by nwf · · Score: 1

    They were caught doing shady things, and so to avoid the consequences they'll just declare bankruptcy? Hopefully the new judge will be a little skeptical of this.

    --
    I don't know, but it works for me.
    1. Re:So...? by Anonymous Coward · · Score: 0

      They have to pay the judgment either way, it's what happens to the stuff left after that 300+ millions is taken out that is in question. The mgmt broke their charter already, so receivership is probably in order. #How to fuck up bigly.

    2. Re:So...? by rahvin112 · · Score: 1

      They tried to shield assets from bond holders with an illegal asset divestiture right before declaring bankruptcy. It was properly struck down, the end result it what should have happened to begin with, a proper bankruptcy including the original assets.

    3. Re:So...? by rahvin112 · · Score: 1

      Bankruptcy shields them from legal payments just like any other creditor.

      It's why suing a company for some huge verdict they can't pay is quite stupid, they just declare bankruptcy and the person that won the verdict goes into the unsecured creditor pool like anyone else where they will get pennies on the dollar if they are lucky.

    4. Re:So...? by Anonymous Coward · · Score: 0

      Not as you think. The judgment preceded the bankruptcy, that puts it first in line. If the company is worth less than the 300 million, via clever accounting shell gaming, then you'd be more correct in thinking they could skate this.

    5. Re:So...? by Anonymous Coward · · Score: 0

      Unless your goal is to kill the company outright.

      Remember Gawker?

    6. Re:So...? by rtb61 · · Score: 1

      It is not called shielding assets, they as directors of corporation attempted to STEAL assets from their creditors by pushing those assets into another company they controlled, they should be criminally prosecuted.

      --
      Chaos - everything, everywhere, everywhen
    7. Re:So...? by rahvin112 · · Score: 1

      Before or after matters not.

      They get in line with the unsecured creditors. Might be at the front of the list but definitely not in the secured creditor group.

    8. Re:So...? by jbengt · · Score: 1

      Bankruptcy shields them from legal payments just like any other creditor.

      Not necessarily .
      "Not all debts are discharged. The debts discharged vary under each chapter of the Bankruptcy Code. . . . The most common types of nondischargeable debts are certain types of tax claims, debts not set forth by the debtor on the lists and schedules the debtor must file with the court, debts for spousal or child support or alimony, debts for willful and malicious injuries to person or property, debts to governmental units for fines and penalties , debts for most government funded or guaranteed educational loans or benefit overpayments, debts for personal injury caused by the debtor's operation of a motor vehicle while intoxicated, debts owed to certain tax-advantaged retirement plans, and debts for certain condominium or cooperative housing fees."

  3. FTFY by Anonymous Coward · · Score: 0

    CEO Tony Thomas said in a press release that the reorganization is "a necessary step to address the financial impact of that self-imposed legal doorknob to my corporate balls" before limping away, leaving small pools of blood.

    1. Re:FTFY by trabby · · Score: 1

      Yeah limping away to prepare his golden parachute.

  4. Somehow, without doubt, Trump's hand involved by Anonymous Coward · · Score: 0

    probably stroking said CEO for money for Kushners. Cohen will tell more of this Wednesday. Must see TeeVee.

    1. Re:Somehow, without doubt, Trump's hand involved by Anonymous Coward · · Score: 0

      I mean, unless they sold the fiber network to the Saudi royal family to physically strangle journalists with... I don't see it.. (though to be fair we can't rule it out with this Drumpftard clan either, nothing is off the table with that world's dumbest traitor)

      Well I'm off to the pizza parlor to eat some children. If Putin calls tell him I'm on one of my six secret iphones.

  5. Was about to say the same. by Anonymous Coward · · Score: 0

    The bankruptcy judge will be doing a major disservice if he allows their Chapter 11 bankruptcy to proceed rather than refusing it on account of it being intended to avoid losses inferred due to their own quaestionable legal misdeeds. Honestly this should really result in the revocation of their corporate charter and the liquidation of their assets, with the executives facing criminal proceedings. But as we've seen, short of Enron that never happens.

  6. Asset forfeiture by Anonymous Coward · · Score: 0

    This is exactly the kind of case where that should apply. All executive income should be heavily garnished.

  7. Just $5B revenue by 12K workers? by Anonymous Coward · · Score: 0

    That's a shitload of employees for such a low revenue figure.

    1. Re: Just $5B revenue by 12K workers? by Anonymous Coward · · Score: 0

      $416,666 per employee is pretty good. Telecom is kind of people heavy.

  8. Good. Windstream was a crappy company by Anonymous Coward · · Score: 0

    Seriously, They were terrible at their jobs and made awful business decisions. They had this coming for a long time.

  9. Spun off and at best broke even in 2015 by Anonymous Coward · · Score: 4, Insightful

    Common practice to bundle up a bunch of your marginal businesses, spin them off, they break even more or less for a few years, burn through their credit lines and then go into bankruptcy when the first large round of debt is due.

    Article summary should read:
        Windstream, a marginal business spun off from Allitel, limped along for a few and then slipped into bankruptcy.

    Simply look at the financials and you'll see they have owed > 4 billion in debt since being spun off.

    Check the bond ratings and the spread of bonds traded vs us treasuries to see how risky the bond market gauges the company.

    Not really a surprise the bankruptcy.

    1. Re:Spun off and at best broke even in 2015 by whoever57 · · Score: 1

      What I don't understand is why bank lend money to such companies. Either the banks are incompetent or colluding, or perhaps that, notwithstanding the news of such events, this type of bankruptcy happens rarely.

      --
      The real "Libtards" are the Libertarians!
    2. Re:Spun off and at best broke even in 2015 by virtig01 · · Score: 1

      What I don't understand is why bank lend money to such companies.

      Lenders don't lend money under the expectation that they'll get all of it back. That's what interest is for: it's the cost of the money. One of the costs of lending is covering defaulting loans. If the lender did their job right, the interest rate they accepted on the debt is commensurate with their risk, based on the financials of the business and the faith in management.

    3. Re:Spun off and at best broke even in 2015 by JesseMcDonald · · Score: 1

      Lenders don't lend money under the expectation that they'll get all of it back. That's what interest is for: it's the cost of the money.

      Interest is the cost of the money, but lenders would still charge interest even if they expected to get it all back. While a portion of the interest is based on the risk of default, most of it is simply time preference: money one can spend now is worth more (has a higher net present value) than the same amount of money at some future time.

      --
      "The state is that great fiction by which everyone tries to live at the expense of everyone else." - Bastiat
  10. Worse Customer Service for Windstream Customers by PastTense · · Score: 1

    This will probably result in customer service for Windstream customers getting worse--and it is already bad.

  11. Confused by Anonymous Coward · · Score: 0

    I can't make heads or tails with what's going on here. On one hand, it seems really shady what Windstream is doing, on the other hand, a vulture fund seems to be the ones fighting to shut them down.

    1. Re:Confused by mbkennel · · Score: 3, Informative

      The hedge fund looked for bonds where they thought there was a violation of the bond issuing covenant. The judge ruled that there was, that the activities by the parent company violated the bonds' agreement against a sale & leaseback arrangement.

  12. 2015 spinoff ran afoul of bond covenants by grep+-v+'.*'+* · · Score: 1

    I used to work for Alltel, years and years ago before they got bought by Verizon.

    So was CEO Tony Thomas the CEO back in 2015? If so, why is he still there? Or why is the legal team responsible for this still there? Or have they all already "done their duty" and left to spread More Joy and Happiness wherever they go?

    --
    If the universe is someone's simulation -- does that mean the stars are just stuck pixels?
  13. Absolute Trash by Anonymous Coward · · Score: 0

    Had to work with this clowns after they bought Earthlink which already was one of the crappiest companies on the planet. Things did not improve at all after the merge. Good riddance to bad rubbish.

  14. Um... by Anonymous Coward · · Score: 0

    "Hey! Can we borrow $x billion from you? We got lots of physical property and stuff!"
    "Hmm that's some pretty nice copper and fiber so sure! *hands over cash* wait... wtf are you doing? You can't just split off a new company with all the assets that the money we loaned you is secured on.. stop that!"
    "LOL too late suckers *declares bankruptcy*

    I got this about right?

    1. Re: Um... by Anonymous Coward · · Score: 0

      Pretty wrong. Basically it went like this:

      1. Windstream did something that was technically good for boldholders but didn't follow some procedures to make it compliant with the terms of the bonds
      2. A hedge fund bought some bonds and then declared because Windstream violated the letter of the contract, it has to immediately pay back the loan in full
      3. This is more akin to you taking a mortgage and then got sued by the bank and have to repay the loan. There's no choice but to declare bankruptcy, sell the house and pay the money back.
      4. The hedge fund knew Windstream couldn't pay back in full, but still sued. In fact, the other bondholders rushed to save Windstream in court, because it's much more likely that Windstream could pay them back over time, but that failed due to a legal technicality. This means the hedge fund probably has a much larger stake betting against Windstream, so it has an incentive to bankrupt the company even when as it acquires a large portion of the company's debts.

      The financial engineering here is very messed up and the company isn't the bad guy here, the quality of their services notwithstanding.

  15. Legacy rural telecom provider -- dead man walking by jamesborr · · Score: 1

    Hmmm, not much needs to be said other then: "legacy rural telecom provider Windstream Holdings, Inc.". While is is true that they have made some investments in "high speed networking", the reality is that the bulk of the coverage map is in providing rural landline services. The epitome of the buggy whip business in the 21st century -- which no doubt was the inspiration (or desperation) for their shenanigans. I'm still not sure my these rural landline telco's think that there is good business to be had in buying assets similar to their already dismal and no future assets. Maybe they are practicing the CA (Computer Associates) model of business except applied to telecommunications -- i.e. but up assets on the decline, cut the support costs, maintenance, help desk, etc. and milk the declining install base while you look for another set of distressed assets to show up in the M&A trough.

  16. It's better than that by CBob · · Score: 4, Interesting

    Alltel bought, stripped and dumped a company called Systematics back in the 90's. Mostly because they were desperate to get a grip on the then new booming cell phone market and had no real system capable of handling the tracking and billing. Buying a company that did contract services for banks was the closest they could get. It worked. They got a billing system created, spun off some healthcare software and screwed the employees by selling the rest over to Fiserv. Much $$$ for the board. They later went private, spun the legacy deadweight landlines off into Windstream and then screwed over some more folks by selling to Verizon wireless. And yet again more $$$ for the board w no regard for the viability of the surviving bad smell that was left of the firm. That Windstream still existed was surprising.

  17. As a PA Windstream Customer . . . by Anonymous Coward · · Score: 0

    . . . I say - too bad it's not Chapter 7