
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: October 23, 2015

Partner
201-896-7095 jglucksman@sh-law.comOn Sept. 28, Japanese shipping giant Daiichi Chuo Kisen Kaisha announced that it had filed for Chapter 11 bankruptcy protection in Tokyo, according to a Bloomberg report. Following four consecutive years of losses, the company had accrued close to $1.5 billion in liabilities. In a corresponding move, Daiichi Chuo’s subsidiary Star Bulk Carrier Co. also filed for Chapter 11 bankruptcy protection after accumulating close to $474 million in liabilities.
After a four-year decline, with expected losses close to $209 million for 2015, Daiichi Chuo became insolvent, according to a World Maritime News report. In court papers, the company cited its decision to over-expand at a time when freight rates were plummeting as the primary reason it sought bankruptcy protection. Daiichi Chuo officials explained in the bankruptcy documents that following its peak profits in 2007, the company decided to expand right as the 2008 global financial crisis hit. The shipper never recovered financially as its contracts were canceled for chartered-in ships.
Furthermore, the company noted that the prolonged economic slowdown in China combined with a large amount of lower-cost global competition forced the bulk shipping industry into long-term stagnation. In fact, according to the Wall Street Journal, the 92 percent drop in the Baltic Dry Index after the recession was a key factor behind Daiichi Chuo’s losses. As a result, the demand for iron ore and coal commodities weakened in China, leading the company’s liabilities to swell to $1.5 billion, with only $894 million in assets. The company’s subsidiary also sought bankruptcy protection with approximately $474 million in liabilities.
In its bankruptcy petition, Daiichi Chuo stated that its market value had dipped down to $96 million after its share prices dropped 44 percent for the year. Then following its recent 3.4 percent drop to .23 cents per share, the Tokyo Stock Exchange reported that Daiichi Chuo was suspended from trading and that the company was set to be de-listed on Oct. 30.
Daiichi Chuo’s fleet comprised of 240 vessels at its peak in 2007, but after the collapse of Lehman Brothers Holdings Inc., that number dropped to 170 ships by 2015. The crippling fees it paid for charter vessels were more than the company’s shipping revenues for four consecutive years.
In court papers, the company stated that it plans to maintain operations in the bulk shipping market and hopes to emerge from the bankruptcy period after the Chinese demand for iron ore and coal commodities rebounds. However, the company did state that it has not received any offers for fresh capital financing.
Daiichi Chuo also filed for Chapter 15 bankruptcy protection in U.S. Bankruptcy Court in New York for its international insolvency. Chapter 15 is a part of the United States Bankruptcy Code that enables a bankrupt in a foreign insolvency proceeding to receive similar protection in the U.S. Its use is especially common among international shipping companies. Even though they are restructuring overseas, they want to protect their assets – such as their ships, docked in U.S. ports – from seizure by American creditors.
Upon approval by the court, Chapter 15 bankruptcy protection would shield Daiichi Chuo from further lawsuits and pursuits from creditors while it develops a restructuring plan in its Japanese insolvency proceeding.
This bankruptcy filing is the latest in a disturbing downward trend for the dry-bulk carrier market, according to a Splash 24/7 report. In 2012, Sanko Steamship, the largest Japanese shipping company, announced that it filed for Chapter 11 bankruptcy protection. Like Daiichi Chuo, Sanko Steamship was saddled with crippling debt in the fallout of the 2008 financial crisis.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: George McGowan

Most New Jersey business owners purchase insurance policies, file them away, and assume they are protected if a claim arises. Without a regular insurance coverage review, many companies discover gaps only after a lawsuit, cyberattack, property loss, or other significant event occurs. An annual insurance coverage review can help businesses identify potential risks, ensure their […]
Author: George McGowan

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]
Author: George McGowan

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]
Author: George McGowan

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]
Author: Marc J. Comer

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]
Author: Marc J. Comer
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!