Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

China's Winsway Enterprises Files for Chapter 15 Bankruptcy Protection

Author: Joel R. Glucksman

Date: June 1, 2016

Key Contacts

Back

Winsway Enterprises files Chapter 15

Recently, Chinese company Winsway Enterprises Holdings Ltd., a major metallurgical coal importer, trader and processor, announced that it had filed for Chapter 15 bankruptcy protection in the U.S. According to The Wall Street Journal, the bankruptcy petition was part of a proposed agreement with its bondholders to refinance over $349 million in debt.

Winsway Enterprises moves to shield its assets

Epiq Systems, Inc., a provider of managed technology for law firms, advises that total business bankruptcy filings in the United States have increased by 5% on a year-on-year basis, to a total of 65,511.

Winsway Enterprises sought Chapter 15 bankruptcy protection in the U.S. Bankruptcy Court in New York after several years of financial losses in its coal operations. These losses were directly tied to the significant drop in demand for Chinese steel. In fact, since the second quarter of 2015, Winsway has lost roughly $204 million on $438 million in revenues. At the time of its recent filing, the company’s debt bonds were set to mature, which would have sent Winsway into insolvency.

Winsway Enterprises’s Chapter 15 bankruptcy filing

The Chapter 15 bankruptcy petition would allow it to shield its U.S. assets from bondholders while it continues to work out financial troubles in Chinese courts. If its petition is approved by the court, the company will be afforded protection under U.S. .

The proposed restructuring plan for Winsway Enterprises

As Winsway’s current coal-trading operations were no longer a viable business, the company’s proposed plan is to become an integrated supply-chain solutions provider for commodities customers and banks. This would effectively transform the company away from its coal-trading business model.

As part of its proposed reorganization plan, bondholders would be given a debt-for-equity swap for roughly $41 million in cash and an 18.75 percent share in the newly restructured company. While this proposal is still being decided in Hong Kong courts, it received support from 83 percent of its bondholders. The deal also calls for bondholders to receive contingent value rights that will offer them an additional $10 million payment in the event the company meets its profit threshold. All told, the deal would effectively offer bondholders 35 cents on the dollar.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Does Your Homeowners Insurance Provide Adequate Coverage? post image

Does Your Homeowners Insurance Provide Adequate Coverage?

Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]

Author: Jesse M. Dimitro

Link to post with title - "Does Your Homeowners Insurance Provide Adequate Coverage?"
Understanding the Importance of a Non-Contingent Offer post image

Understanding the Importance of a Non-Contingent Offer

Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]

Author: Jesse M. Dimitro

Link to post with title - "Understanding the Importance of a Non-Contingent Offer"
Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC post image

Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC

Business Transactional Attorney Zemel to Spearhead Strategic Initiatives for Continued Growth and Innovation Little Falls, NJ – February 21, 2025 – Scarinci & Hollenbeck, LLC is pleased to announce that Partner Fred D. Zemel has been named Chair of the firm’s Strategic Planning Committee. In this role, Mr. Zemel will lead the committee in identifying, […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Fred D. Zemel Appointed Chair of Strategic Planning at Scarinci & Hollenbeck, LLC"
Novation Agreement Process: Step-by-Step Guide for Businesses post image

Novation Agreement Process: Step-by-Step Guide for Businesses

Big changes sometimes occur during the life cycle of a contract. Cancelling a contract outright can be bad for your reputation and your bottom line. Businesses need to know how to best address a change in circumstances, while also protecting their legal rights. One option is to transfer the “benefits and the burdens” of a […]

Author: Dan Brecher

Link to post with title - "Novation Agreement Process: Step-by-Step Guide for Businesses"
What Is a Trade Secret? Key Elements and Legal Protections Explained post image

What Is a Trade Secret? Key Elements and Legal Protections Explained

What is a trade secret and why you you protect them? Technology has made trade secret theft even easier and more prevalent. In fact, businesses lose billions of dollars every year due to trade secret theft committed by employees, competitors, and even foreign governments. But what is a trade secret? And how do you protect […]

Author: Ronald S. Bienstock

Link to post with title - "What Is a Trade Secret? Key Elements and Legal Protections Explained"
What Is Title Insurance? Safeguarding Against Title Defects post image

What Is Title Insurance? Safeguarding Against Title Defects

If you are considering the purchase of a property, you may wonder — what is title insurance, do I need it, and why do I need it? Even seasoned property owners may question if the added expense and extra paperwork is really necessary, especially considering that people and entities insured by title insurance make fewer […]

Author: Patrick T. Conlon

Link to post with title - "What Is Title Insurance? Safeguarding Against Title Defects"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

China's Winsway Enterprises Files for Chapter 15 Bankruptcy Protection

Author: Joel R. Glucksman

Winsway Enterprises files Chapter 15

Recently, Chinese company Winsway Enterprises Holdings Ltd., a major metallurgical coal importer, trader and processor, announced that it had filed for Chapter 15 bankruptcy protection in the U.S. According to The Wall Street Journal, the bankruptcy petition was part of a proposed agreement with its bondholders to refinance over $349 million in debt.

Winsway Enterprises moves to shield its assets

Epiq Systems, Inc., a provider of managed technology for law firms, advises that total business bankruptcy filings in the United States have increased by 5% on a year-on-year basis, to a total of 65,511.

Winsway Enterprises sought Chapter 15 bankruptcy protection in the U.S. Bankruptcy Court in New York after several years of financial losses in its coal operations. These losses were directly tied to the significant drop in demand for Chinese steel. In fact, since the second quarter of 2015, Winsway has lost roughly $204 million on $438 million in revenues. At the time of its recent filing, the company’s debt bonds were set to mature, which would have sent Winsway into insolvency.

Winsway Enterprises’s Chapter 15 bankruptcy filing

The Chapter 15 bankruptcy petition would allow it to shield its U.S. assets from bondholders while it continues to work out financial troubles in Chinese courts. If its petition is approved by the court, the company will be afforded protection under U.S. .

The proposed restructuring plan for Winsway Enterprises

As Winsway’s current coal-trading operations were no longer a viable business, the company’s proposed plan is to become an integrated supply-chain solutions provider for commodities customers and banks. This would effectively transform the company away from its coal-trading business model.

As part of its proposed reorganization plan, bondholders would be given a debt-for-equity swap for roughly $41 million in cash and an 18.75 percent share in the newly restructured company. While this proposal is still being decided in Hong Kong courts, it received support from 83 percent of its bondholders. The deal also calls for bondholders to receive contingent value rights that will offer them an additional $10 million payment in the event the company meets its profit threshold. All told, the deal would effectively offer bondholders 35 cents on the dollar.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!

Please select a category(s) below: