Friday, July 10, 2009

Guggenheim Corp. Funding Seeks Dismissal of HSF Holding Bankruptcy


Thursday, July 9, 2009

Guggenheim Corp. Funding Seeks Dismissal of HSF Holding Bankruptcy

On Wednesday, Guggenheim Corporate Funding, LLC filed a motion seeking the dismissal of the chapter 11 bankruptcy case of HSF Holding, Inc. HSF Holding, Inc. is the parent holding company of Hawaii Superferry, Inc., which operated a high-speed ferry business between the Hawaiian Islands before filing for bankruptcy and abandoning its ferries. Guggenheim does not seek dismissal of Hawaii Superferry, Inc.'s bankruptcy case.

Guggenheim holds a security interest in all of HSF Holding's assets, which consist solely of the stock of Hawaii Superferry, Inc., as a result of providing $47.75 million in senior secured funding in 2007. Guggenheim also holds $7.5 million in an escrow account, which is the subject of a joint stay relief motion of HSF and Guggenheim scheduled to be heard on July 20, 2009.

In support of its motion, Guggenheim argues that cause for dismissal exists because there is "a lack of good faith purpose" for HSF Holding's bankruptcy case. In furtherance of that argument, Guggenheim points to seven factors:
  1. The only asset in HSF Holding's case is the Hawaii Superferry stock that is subject to Guggenheim's lien.
  2. Guggenheim "appears to be the only creditor" of HSF Holding.
  3. HSF Holding has no on-going business or employees.
  4. HSF Holding's chapter 11 petition was filed "on eve of Guggenheim terminating the escrow account and retaining such funds."
  5. The only parties-in-interest in HSF Holding's case are Guggenheim and HSF.
  6. HSF Holding has no cash or income.
  7. HSF Holding has no possibility of reorganization because it has no business to reorganize.

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