Tuesday, July 9, 2013

Arcapita’s novel sharia bankruptcy plan approved

Arcapita’s novel sharia bankruptcy plan approved

Wednesday, June 26, 2013 16:03
0
I HAVE THE COURT DOCS TO PROVE IT ALLSO
Islam is winning the plan to bankupt this nation
welcome to obama nation
were islam rules
HERE IS THE PDF http://www.gcginc.com/cases/arcapita/pdflib/213_11076.pdf



By Tom Hals
June 11 | Tue Jun 11, 2013 2:23pm EDT
(Reuters) – Bahrain investment firm Arcapita Bank received approval from a U.S. Bankruptcy Court on Tuesday for its plan to repay creditors, thought to be the first that is compliant with sharia, Islamic law.
“I’m happy to confirm the plan,” said Judge Sean Lane of the U.S. Bankruptcy Court in Manhattan. “This has been a fascinating case for me.”
Under the plan of reorganization, Arcapita will repay its only secured creditor, Standard Chartered Plc, in full. Arcapita will transfer its assets to a new holding company which will dispose of its investments over time, in an attempt to avoid a firesale liquidation.
The company’s unsecured creditors will receive the equity in the new holding company as well as their pro rata share in a sharia-compliant loan. General unsecured creditors are expected to receive around 7.7 percent of the $1.9 billion they are owed, according to court documents.
The largest unsecured creditor is the Central Bank of Bahrain, which was owed $255.1 million.
The company provided alternative investment opportunities for rich families, institutions and sovereign wealth funds in the Gulf region, but sought bankruptcy last year as a $1.1 billion loan came due.
The fund’s investment were sharia-compliant, as is the $350 million loan that Arcapita arranged to fund its wind-down operations after its exits bankruptcy.
Sharia prohibits borrowing money with interest. Instead, the so-called murabahah structure effectively treats the arrangement as a sale, incorporating a profit margin and fees instead of interest.
Arcapita filed for bankruptcy protection in March 2012 with about $7.4 billion in assets under management.
The move was unprecedented in a region where most debt workouts have involved consensual talks that ended in long maturity extensions.
Arcapita was represented by Michael Rosenthal of Gibson, Dunn & Crutcher.
The case is In Re: Arcapita Bank BSC et al, U.S. Bankruptcy Court, Southern District of New York, No. 12-11076.






Arcapita’s novel sharia bankruptcy plan approved

Wednesday, June 26, 2013 16:03
0


 
 
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Court Docket

United States Bankruptcy Court Southern District of New York
Arcapita Bank B.S.C.(c)
Case No. 12-11076
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  401-450 | 451-500 | 501-550 | 551-600 | 601-650 | 651-700 | 701-750 | 751-800
  801-850 | 851-900 | 901-950 | 951-1000 | 1001-1050 | 1051-1100 | 1101-1150 | 1151-1200
  1201-1250 | 1251-1300 | 1301-1305
The docket is currently displayed in reverse chronological order. To display the docket in chronological order, please click here.
Date Court Document
Number
Description
06/26/2013 1305 Motion to Amend/Motion for Order Modifying the Automatic Stay Pursuant to Section 362 of the Bankruptcy Code filed by Craig H. Millet on behalf of Arcapita Bank B.S.C.(c), et al. Responses due by 7/10/2013, (Millet, Craig) (Entered: 06/26/2013)
06/26/2013 1304 Final Order Signed On 6/26/2013, Authorizing Debtors (A) To Enter Into And Perform Under Murabaha Agreement, And (B) To Obtain Credit On A Secured Super-Priority Basis, And (II) Granting Related Relief. (Related Doc #1157) (Ebanks, Liza) (Entered: 06/26/2013)
06/26/2013 1303 Affidavit of Service re (related document(s) 1293, 1292, 1295, 1296) filed by Jeffrey S. Stein on behalf of GCG, Inc. (Stein, Jeffrey) (Entered: 06/26/2013)
06/26/2013 1302 Affidavit of Service re (related document(s) 1288, 1290, 1289) filed by Jeffrey S. Stein on behalf of GCG, Inc. (Stein, Jeffrey) (Entered: 06/26/2013)
06/25/2013 1301 Affidavit of Service re Notice of (A) Entry of Order Confirming Plan of Reorganization and (B) Deadline to Submit Proofs of Claim with Respect (I) Administrative Expense filed by Angela Ferrante on behalf of GCG, Inc. (Ferrante, Angela) (Entered: 06/25/2013)
06/25/2013 1300 Affidavit of Service (related document(s) 1278, 1274, 1273, 1275, 1282) filed by Angela Ferrante on behalf of GCG, Inc. (Ferrante, Angela) (Entered: 06/25/2013)
06/25/2013 1299 Monthly Fee Statement – Thirteenth Monthly Statement of Alvarez and Marsal North America, LLC in their Capacity as Financial Advisors to the Debtors and Debtors-In-Possession, for Compensation and Reimbursement of Expenses Incurred for the Period of April 1, 2013 through April 30, 2013 filed by Michael A. Rosenthal on behalf of Alvarez and Marsal North America, LLC. (Rosenthal, Michael) (Entered: 06/25/2013)
06/25/2013 1298 Statement-Notice of Adjournment of the Hearing to Consider the Debtors’ Objection to Proof of Claim No. 517 (related document(s) 1073, 1050) filed by Michael A. Rosenthal on behalf of Arcapita Bank B.S.C.(c), et al., with hearing to be held on 8/27/2013 at 11:00 AM at Courtroom 701 (SHL) Objections due by 8/1/2013. (Rosenthal, Michael) (Entered: 06/25/2013)
06/25/2013 1297 Application for Pro Hac Vice Admission of Daniel M. Simon on behalf of National Bank of Bahrain B.S.C. filed by Daniel Egan on behalf of National Bank of Bahrain B.S.C. (Attachments: #1 Proposed Order) (Egan, Daniel) (Entered: 06/25/2013)
06/24/2013 1296 Statement/Notice of Filing of Proposed Sixteenth Interim Budget to Debtors’ Motion for Interim and Final Orders (A) Authorizing Debtors to (I) Continue Existing Cash Management System, Bank Accounts, and Business Forms and (II) Continue Ordinary Course Intercompany Transactions; and (B) Granting an Extension of Time to Comply with the Requirements of Section 345(b) of the Bankruptcy Code filed by Michael A. Rosenthal on behalf of Arcapita Bank B.S.C.(c), et al. (Rosenthal, Michael) (Entered: 06/24/2013)
06/24/2013 1295 Notice of Agenda/Notice of Agenda of Certain Matters Scheduled for Hearing on June 26, 2013 at 2:00 P.M. filed by Michael A. Rosenthal on behalf of Arcapita Bank B.S.C.(C), et al. (Rosenthal, Michael) (Entered: 06/24/2013)
06/24/2013 1294 Master Service List – June 2013 filed by Jeffrey S. Stein on behalf of GCG, Inc. (Stein, Jeffrey) (Entered: 06/24/2013)
06/24/2013 1293 Monthly Fee Statement/Third Monthly Statement of Antony Zacaroli, QC of Fees for Professional Services Rendered and Expenses Incurred as Special Cayman Islands Counsel for the Debtors for the Period of May 1, 2013 through May 31, 2013 filed by Michael A. Rosenthal on behalf of Antony Zacaroli. (Rosenthal, Michael) (Entered: 06/24/2013)
06/24/2013 1292 Statement – Notice of Adjournment of the Hearing to Consider the Debtors’ Objection to Proofs of Claim Nos. 320, 321, 322, 323, 324, 325, 326, 383, and 557 (related document(s) 1051, 1073) filed by Michael A. Rosenthal on behalf of Arcapita Bank B.S.C.(c), et al. with hearing to be held on 8/27/2013 at 11:00 AM at Courtroom 701 (SHL) Objections due by 8/1/2013, (Rosenthal, Michael) (Entered: 06/24/2013)
06/21/2013 1291 Affidavit of Service of Charmaine Thomas (related document(s) 1287) filed by Evan R. Fleck on behalf of Official Committee of Unsecured Creditors. (Fleck, Evan) (Entered: 06/21/2013)
06/21/2013 1290 Monthly Fee Statement – Eleventh Monthly Statement of Mourant Ozannes of Fees for Professional Services Rendered and Disbursements Incurred as Special Cayman Islands Counsel for the Debtors for the Period of May 1, 2013 through May 31, 2013 filed by Michael A. Rosenthal on behalf of Mourant Ozannes. (Rosenthal, Michael) (Entered: 06/21/2013)
06/21/2013 1289 Declaration-Supplemental Declaration of Richard Good in Further Support of the Debtors’ Application for an Order Authorizing the Retention and Employment of Linklaters LLP as Special Counsel to the Debtors nunc pro tunc to the Petition Date (related document(s) 146, 920, 128) filed by Michael A. Rosenthal on behalf of Linklaters LLP. (Rosenthal, Michael) (Entered: 06/21/2013)
06/21/2013 1288 Monthly Fee Statement – Fourteenth Monthly Statement of Linklaters LLP, as Special Counsel to the Debtors and Debtors in Possession, for Compensation for Professional Services rendered and Reimbursement of Expenses Incurred for the Period from May 1, 2013 through May 31, 2013 filed by Michael A. Rosenthal on behalf of Linklaters LLP. (Rosenthal, Michael) (Entered: 06/21/2013)
06/21/2013 1287 Reply to Motion/Reply in Support of Motion of Official Committee of Unsecured Creditors for Entry of Order Under 11 U.S.C. §§ 1103(c) and 1109(b) Granting Leave, Standing and Authority to Prosecute Turnover and Avoidance Claims (related document(s) 1197) filed by Evan R. Fleck on behalf of Official Committee of Unsecured Creditors. (Fleck, Evan) (Entered: 06/21/2013)
06/21/2013 1286 Affidavit of Service of Charmaine Thomas (related document(s) 1277) filed by Evan R. Fleck on behalf of Official Committee of Unsecured Creditors. (Fleck, Evan) (Entered: 06/21/2013)
06/21/2013 1285 Certificate of Service of Andrew Tsang (related document(s) 1284) filed by Dennis F. Dunne on behalf of Houlihan Lokey Capital, Inc. (Dunne, Dennis) (Entered: 06/21/2013)
06/20/2013 1284 Monthly Fee Statement (Fourteenth) of Houlihan Lokey Capital, Inc. for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Financial Advisor and Investment Banker to Official Committee of Unsecured Creditors During Period From May 1, 2013 Through and Including May 31, 2013 filed by Dennis F. Dunne on behalf of Houlihan Lokey Capital, Inc. (Dunne, Dennis) (Entered: 06/20/2013)
06/20/2013 1283 Affidavit of Service re Confirmed Second Amended Joint Plan of Reorganization of Arcapita Bank (related document(s) 1265) filed by Angela Ferrante on behalf of GCG, Inc. (Ferrante, Angela) (Entered: 06/20/2013)
06/20/2013 1282 Monthly Fee Statement (Monthly Fee Statement of GCG, Inc., as Administrative Agent for the Debtors, for the Period of May 1, 2013 through May 31, 2013) filed by Jeffrey S. Stein on behalf of GCG, Inc. (Stein, Jeffrey) (Entered: 06/20/2013)
06/20/2013 1281 Affidavit of Service (related document(s) 1264, 1260, 1262) filed by Angela Ferrante on behalf of GCG, Inc. (Ferrante, Angela) (Entered: 06/20/2013)
06/20/2013 1280 Certificate of Service of Andrew Tsang (related document(s) 1279) filed by Dennis F. Dunne on behalf of Official Committee of Unsecured Creditors. (Dunne, Dennis) (Entered: 06/20/2013)
06/20/2013 1279 Monthly Fee Statement (Thirteenth) Submitted In Compliance with Order Pursuant to 11 U.S.C. Sections 105(a) and 331 Establishing Procedures for Interim Monthly Compensation and Reimbursement of Expenses for Professionals for the Period May 1, 2013 Through May 31, 2013, Objection deadline: July 5, 2013 at 10:00 p.m. filed by Dennis F. Dunne on behalf of FTI Consulting, Inc. (Dunne, Dennis) (Entered: 06/20/2013)
06/20/2013 1278 Notice of Agenda – Notice of Agenda of Certain Matters Scheduled for Hearing on June 24, 2013 at 2:00 P.M. filed by Michael A. Rosenthal on behalf of Arcapita Bank B.S.C.(c), et al. with hearing to be held on 6/24/2013 at 02:00 PM at Courtroom 701 (SHL) (Rosenthal, Michael) (Entered: 06/20/2013)
06/20/2013 1277 Statement of Official Committee of Unsecured Creditors in support of Debtors’ Motion Authorizing Replacement Financing and Joinder in their Reply to Objection to Same (related document(s) 1261, 1157, 1275) filed by Evan R. Fleck on behalf of Official Committee of Unsecured Creditors. (Fleck, Evan) (Entered: 06/20/2013)
06/17/2013 1276 Transcript regarding Hearing Held on 6/10/13 RE: Subordination Of The Tide Claims et al. Remote electronic access to the transcript is restricted until 9/16/2013. The transcript may be viewed at the Bankruptcy Court Clerk’s Office. [Transcription Service Agency: Veritext Reporting Company.]. (See the Courts Website for contact information for the Transcription Service Agency.) (RE: related document(s) 1157, 1108). Notice of Intent to Request Redaction Deadline Due By 6/24/2013. Statement of Redaction Request Due By 7/8/2013. Redacted Transcript Submission Due By 7/18/2013. Transcript access will be restricted through 9/16/2013. (Peterson, Brent) (Entered: 06/20/2013)
06/20/2013 1275 Reply to Motion/Reply in Support of Debtors’ Motion Authorizing Replacement Postpetition Financing filed by Craig H. Millet on behalf of Arcapita Bank B.S.C.(C), et al. (Millet, Craig) (Entered: 06/20/2013)
06/20/2013 1274 Monthly Fee Statement – Fourteenth Monthly Statement of Gibson, Dunn & Crutcher LLP of Fees for Professional Services Rendered and Disbursements Incurred as Counsel for the Debtors for the Period of May 1, 2013 through May 31, 2013 filed by Michael A. Rosenthal on behalf of Gibson, Dunn & Crutcher LLP. (Rosenthal, Michael) (Entered: 06/20/2013)
06/20/2013 1273 Tenth Monthly Fee Statement for Compensation for Professional Services Rendered and Expenses Incurred for the Period from May 1, 2013 through May 31, 2013 filed by Paul K. Ferdinands on behalf of King & Spalding LLP and King & Spalding International LLP. (Ferdinands, Paul) (Entered: 06/20/2013)
06/19/2013 1272 Affidavit of Service (related document(s) 1269) filed by Michael J. Venditto on behalf of BNY Mellon Corporate Trustee Services Ltd. (Venditto, Michael) (Entered: 06/19/2013)
06/19/2013 1271 Certificate of Service of Andrew Tsang (related document(s) 1270) filed by Dennis F. Dunne on behalf of Official Committee of Unsecured Creditors. (Dunne, Dennis) (Entered: 06/19/2013)
06/19/2013 1270 Monthly Fee Statement/Fourteenth Fee Statement of Milbank, Tweed, Hadley & McCloy LLP for Compensation for Services Rendered and Reimbursement of Expenses Incurred as Counsel to Official Committee of Unsecured Creditors During Period From May 1, 2013 Through and Including May 31, 2013 filed by Dennis F. Dunne on behalf of Official Committee of Unsecured Creditors. (Dunne, Dennis) (Entered: 06/19/2013)
06/19/2013 1269 Objection to Motion/Objection to Motion of Official Committee of Unsecured Creditors for Entry of Order Under 11 U.S.C. §§ 1103(c) and 1109(b) Granting Leave, Standing and Authority to Prosecute Turnover and Avoidance Claims (related document(s) 1197) filed by Michael J. Venditto on behalf of BNY Mellon Corporate Trustee Services Ltd., with hearing to be held on 6/26/2013 at 02:00 PM at Courtroom 701 (SHL) Objections due by 6/19/2013. (Venditto, Michael) (Entered: 06/19/2013)
06/12/2013 1268 Transcript regarding Hearing Held on June 11, 2013 at 11:39 AM RE: Confirmation Hearing; Motion to Authorize/Debtors’ Motion for an Order Authorizing and Approving a Settlement and Plan Support Agreement with Standard Chartered Bank. Remote electronic access to the transcript is restricted until 9/10/2013. The transcript may be viewed at the Bankruptcy Court Clerk’s Office. [Transcription Service Agency: Veritext Reporting Company.]. (See the Courts Website for contact information for the Transcription Service Agency.). Notice of Intent to Request Redaction Deadline Due By 6/19/2013. Statement of Redaction Request Due By 7/3/2013. Redacted Transcript Submission Due By 7/15/2013. Transcript access will be restricted through 9/10/2013. (Braithwaite, Kenishia) (Entered: 06/19/2013)
06/18/2013 1267 Affidavit of Service re Notice of Filing of Final DIP Agreement (related document(s) 1259) filed by Angela Ferrante on behalf of GCG, Inc. (Ferrante, Angela) (Entered: 06/18/2013
06/18/2013 1266 Affidavit of Service re Notice of Filing of Additional Plan Supplement Document filed by Angela Ferrante on behalf of GCG, Inc. (Ferrante, Angela) (Entered: 06/18/2013)
06/18/2013 1265 Chapter 11 Plan/Confirmed Second Amended Joint Plan of Reorganization of Arcapita Bank B.S.C.(c) and Related Debtors Under Chapter 11 of the Bankruptcy Code (With First Technical Modifications) filed by Michael A. Rosenthal on behalf of Arcapita Bank B.S.C.(c), et al. (Rosenthal, Michael) (Entered: 06/18/2013)
06/17/2013 1264 Certification of Ballots-Supplement to Amended Declaration of Jeffrey S. Stein (related document(s) 1038, 1045, 1193, 1036) filed by Jeffrey S. Stein on behalf of GCG, Inc. (Stein, Jeffrey) (Entered: 06/17/2013)
06/17/2013 1263 Joint Opposition JOINDER OF KHALID BAESHEN, OSAMA BAESHEN, SAHAR BAESHEN AND SUMAYYA BAESHEN IN THE SECOND OBJECTION OF CAPTAIN HANI ALSOHAIBI TO THE MOTION OF FIRST ISLAMIC INVESTMENT BANK B.S.C.(c) N/K/A ARCAPITA BANK B.S.C.(c) AND ITS FELLOW DEBTORS FOR AUTHORITY TO OBTAIN REPLACEMENT FINANCING FROM GOLDMAN SACHS TO REPAY EXISTING FINANCING DOCKET NO. 1157 AND IN THE ACCOMPANYING REQUEST THAT THE HEARING SCHEDULED FOR JUNE 24, 2013 CONCERNING APPROVAL OF THE PROPOSED FINANCING BE ADJOURNED AND AN INDEPENDENT SHARIAH BOARD BE APPOINTED DOCKET NO. 1261 (related document(s) 1157) filed by Tally M. Wiener on behalf of Baeshen Family. (Wiener, Tally) (Entered: 06/17/2013)
06/17/2013 1262 Findings Of Fact, Conclusions Of Law, And Order Confirming The Second Amended Joint Plan Of Reorganization Of Arcapita Bank B.S.C.(c) and Related Debtors With Respect To Each Debtor Other Than Falcon Gas Storage Company, Inc. Under Charter 11 Of The Bankruptcy Code Signed On 6/17/2013. (Ebanks, Liza) (Entered: 06/17/2013)
06/17/2013 1261 First Opposition Brief SECOND OBJECTION OF CAPTAIN HANI ALSOHAIBI TO THE MOTION OF FIRST ISLAMIC INVESTMENT BANK B.S.C.(c) N/K/A ARCAPITA BANK B.S.C.(c) AND ITS FELLOW DEBTORS FOR AUTHORITY TO OBTAIN REPLACEMENT FINANCING FROM GOLDMAN SACHS TO REPAY EXISTING FINANCING [DOCKET NO. 1157] AND REQUEST THAT THE HEARING SCHEDULED FOR JUNE 24, 2013 CONCERNING APPROVAL OF THE PROPOSED FINANCING BE ADJOURNED AND AN INDEPENDENT SHARIAH BOARD BE APPOINTED (related document(s) 1157) filed by Tally M. Wiener on behalf of Hani Alsohaibi. (Attachments: #1 Exhibit Fatwa) (Wiener, Tally) (Entered: 06/17/2013)
06/15/2013 1260 Monthly Operating Report – Consolidated Monthly Operating Report For the Period From May 1, 2013 to May 31, 2013 (Arcapita Investment Holdings Limited, Falcon Gas Storage Company, Inc., Arcapita LT Holdings Limited, WindTurbine Holdings Limited, AEID II Holdings Limited, RailInvest Holdings Limited, Arcapita Bank B.S.C.(c)) filed by Michael A. Rosenthal on behalf of Arcapita Bank B.S.C.(c), et al. (Rosenthal, Michael) (Entered: 06/15/2013)
06/14/2013 1259 Statement – Notice of Filing of Final DIP Agreement (related document(s) 1224, 1157) filed by Michael A. Rosenthal on behalf of Arcapita Bank B.S.C.(c), et al. (Rosenthal, Michael) (Entered: 06/14/2013)
06/13/2013 1258 Statement – Notice of Filing of Additional Plan Supplement Document (related document(s) 1251) filed by Michael A. Rosenthal on behalf of Arcapita Bank B.S.C.(C), et al. (Rosenthal, Michael) (Entered: 06/13/2013)
06/12/2013 1257 Affidavit of Service (related document(s) 1252, 1254, 1246, 1250, 1251) filed by Angela Ferrante on behalf of GCG, Inc. (Ferrante, Angela) (Entered: 06/12/2013)
06/12/2013 1256 Affidavit of Service (related document(s) 1234, 1241, 1245, 1238, 1239, 1244, 1242, 1240, 1235, 1237) filed by Angela Ferrante on behalf of GCG, Inc. (Ferrante, Angela) (Entered: 06/12/2013)
06/11/2013 1255 Notice of Appearance (related document(s) 30) filed by Joseph Tripodi on behalf of Abdullah Al-Rayes. (Tripodi, Joseph) (Entered: 06/11/2013)

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