Tag Archives: bankruptcy

Updates:Premier Exhibitions Loses Round in Court;Changes to Management and Board

PremierExhibitionslogo1) Premier Exhibitions recently sought permission to sell items from the French Titanic collection. Since these items are outside of U.S.Federal Court , it reasoned that an expedited approval by the bankruptcy court would make the sale possible. The court turned down this request noting that under bankruptcy law that Premier Exhibitions must pursue what is called an adversary proceeding. Since the items in question were awarded by French officials, they may object to these items being put up for auction if the conditions they were awarded to the company excluded their sale.  Premier must now go through a process to allow possible third parties (either the French government or other parties of interest)to object and a finding be made.
Source: Premier Exhibition Sale Denied (Bankrupt Company News, 27 Jul 2016)
Document Source: ORDER ON MOTION FOR ORDER AUTHORIZING THE DEBTORS TO MARKET AND SELL CERTAIN TITANIC ARTIFACTS FREE AND CLEAR OF LIENS, CLAIMS, AND INTERESTS (In re: Premier Exhibitions, et el. U.S. Bankruptcy Court, Middle District Florida, Jacksonville Division, 22 Jul 2016)

2. Perhaps in light of the bankruptcy filing (and increased pressure to show records to demonstrate exactly what is going on inside Premier), the company recently announced some changes. The new CEO is Jerome Henshall,the current chairman of the Audit Committee who replaces Michael Little who has been let go (or the better British word sacked). Mingcheng Tao has resigned from the Board of Directors and two new “independent” directors–Mark Bains and Guo Ding–have been appointed to the Board of Directors. Bains qualification is that he is the Chief Executive Officer of MJB Technology Solutions Ltd. Guo Ding qualifications are his “extensive experience as a political, cultural, and media correspondent for various national and international news agencies. He has appeared on television, print, and radio in Canada, China, US, and Hong Kong among many other countries. He has also authored several books published in both Chinese and English. Mr. Ding holds a Master of Arts from Rikyo University (Tokyo, Japan) and a Bachelor of Arts degree from Shanghai Normal University.” So if I get it right they have put a respected commentator of Chinese affairs on the board of directors. I get the independent part but has he ever run a business?
Source:Premier Exhibitions Inc. Announces Corporate Update (Globe Newswire Press Release,27 July 2016)


Premier Exhibitions Update:U.S.Trustee Files Objection To Artifact Sale

PremierExhibitionslogoThe U.S. Trustee has filed an objection to Premier’s motion to sell artifacts from the French Collection. “The Sale Motion should be denied because it is not noticed to all required parties, does not include a description of sale procedures, does not describe the property to be sold, and, at least at this early stage in the case, does not meet the standard.”

Source: Premier Exhibitions Objection Filed(Bankrupt Company News,6 Jul 2016)


Premier Exhibitions Seeks Reorganization in Bankruptcy Court

PremierExhibitionslogoPremier Exhibitions, the owner of RMS Titanic Inc and operates many touring exhibitions that includes Titanic:The Artifact Exhibition, has filed for Chapter 11 bankruptcy protection. The company states in its press release:

United_States_Bankruptcy_Court_SealDespite aggressive efforts to manage these issues, the burden of the
Company’s lease in New York City and other legacy business issues remain obstacles to the Company’s ability to conduct business. Faced with these obstacles and upcoming lease payments due, the company has
determined that it would be in the best interest of its stakeholders to
file for reorganization relief under Chapter 11. Operating under the
protection of Chapter 11 will provide the company’s most important
vendors with assurances that they will be paid. Further, the company
intends to create a restructuring plan that should allow Premier to
emerge as a stronger business. Further, as part of its restructuring
efforts, the company will continue to assess the productivity of all
assets, review additional cost-cutting initiatives and explore strategic
alternatives to maximize the value of the business.

Well this is both good and bad news for shareholders. Shareholders have seen the value of their shares fall (and suffered a double bounce as well)considerably. But the voluntary move to reorganize the company in bankruptcy court means it can reduce the liabilities causing it considerable problems. It also means they must open their books up for the court to examine (which will use independent auditors)to determine what the assets and liabilities are. Secured creditors will get paid but how much will be determined by the court.

Of course there is one big asset namely the Titanic Artifact Collection. And the bankruptcy court will now be handling its disposition. Interesting to see how that plays out down the road.

Sources:
1.Premier Exhibitions, Inc. to Reorganize Under Chapter 11 (Nasdaq
Globe Newswire, 14 June 2016)
2. Premier Exhibitions in Chapter 11 bankruptcy (Atlanta Journal Constitution, 14 June 2016)

Information:
Bankruptcy(U.S.Courts.gov)
Learn about bankruptcy (Chapter 7, Chapter 13, and Chapter 11) for consumers and business owners.(Nolo.com)