
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: October 13, 2015

Partner
201-896-7095 jglucksman@sh-law.comOn Sept. 15, Hovensa LLC, once one of the world’s largest oil refineries , announced that it had filed for Chapter 11 bankruptcy protection, according to a CNBC report. In court papers, the company cited poor economic conditions and increased competition for its slide into insolvency.
The company, a joint venture between Petróleos de Venezuela, the national oil company of Venezuela, and Hess Corp., had witnessed a significant decline in recent years, which led to its closing in 2012. According to company officials, their remote location in the U.S. Virgin Islands, the plant’s antiquated energy infrastructure, and the company’s high operating costs, all led to their balance sheet being saddled with massive debt.
In its bankruptcy documents, the company listed more than $1.3 billion in liabilities and assets between $100 million and $500 million, with roughly $750,000 in cash on hand. According to the Wall Street Journal, the company’s remaining assets include the oil refinery, 2,000 acres of commercial property, storage and distribution facilities, various equipment and land permits and rights.
Prior to its bankruptcy filing, the company had operated solely as a storage facility and fuel importer for the Virgin Islands, despite the fact that the refinery has not been operable since 2012. Following the litigation costs and the inoperability of the refinery, Hovensa decided to seek bankruptcy protection because it owes Hess Corp. and Petróleos de Venezuela $1.86 billion.
On the same day it filed for Chapter 11 bankruptcy, Hovensa announced that the Virgin Islands government had filed a lawsuit against the company. In the lawsuit, the Virgin Islands government stated that it sought 100 percent of returns from over $6.5 billion in tax exemptions and incentives it provided to Hovensa from 1965 to 2015.
This lawsuit followed a rash of litigation in which the company was involved. Previously, the Virgin Islands government sued Hess Corp. under the Virgin Islands’ Criminally Influenced and Corrupt Organizations Act for more than $1.5 billion for shuttering the refinery. The Virgin Islands government claimed in the lawsuit that Hess Corp. exhibited a “pattern of misconduct”, alleging that the company began liquidation of its assets in order to leave the government with the debt.
Earlier this year, the Virgin Islands Bureau of Internal Revenue filed a grievance against Hess Corp. and Petróleos de Venezuela alleging that the partners owed approximately $3.8 billion in taxes and penalties related to the Hovensa refinery.
Hess responded to the claims with a countersuit against the Virgin Islands government seeking an $84 million tax refund for payments made on the Hovensa refinery. However, that case was later thrown out by the U.S. District Judge J. Paul Oetken.
As part of its reorganization plan, Hovensa agreed to sell its refinery and storage facilities to Limetree Bay Holdings LLC for $184 million. In the sale agreement, that is subject to court approval, Limetree would take on a portion of Hovensa’s debt load, which is estimated to be ten times more than the acquisition price. Approximately $40 million in proceeds from the proposed sale will be paid to the Virgin Islands government as part of a claim against Hovensa for natural resource damage.
According to court documents, Hovensa stated that the offer by Limetree Bay will be subject to higher bids at a bankruptcy court auction. These bids are subject to court approval.
In a separate filing, Hess Corp. and Petróleos de Venezuela would provide $40 million in bankruptcy financing to ensure that the company maintained operations during the bankruptcy period. The company’s goal is to re-emerge from the bankruptcy process as a viable oil refinery with a fresh influx of capital to sustain operations.
The reorganization plan will also require an operating agreement to be reached with the Virgin Islands government.
According to company officials, upon re-opening the refinery, Hovensa will supply 15 million barrels of crude oil and various refined products to market, in addition to operating as a storage facility. Hovensa cited the fact that there is a shortage of crude oil storage facilities in the Caribbean, which positions the company to grab a substantial share of the market upon re-opening operations.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

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
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!