American Business Financial Services Receives Court Approval to Retain David Coles of Alvarez & Marsal, LLC as Chief Restructuring Officer.PHILADELPHIA -- Company Reaches Resolution with United States United States, officially United States of America, republic (2005 est. pop. 295,734,000), 3,539,227 sq mi (9,166,598 sq km), North America. The United States is the world's third largest country in population and the fourth largest country in area. Trustee Resulting in Withdrawal of Motion to Appoint Chapter 11 Trustee; Company Also Announces Management Changes American Business Financial Services The examples and perspective in this article or section may not represent a worldwide view of the subject. Please [ improve this article] or discuss the issue on the talk page. , Inc. ("ABFS ABFS American Business Financial Services, Inc. ABFS ABF Freight Systems, Inc. ABFS Alpaca Breeders Fiber School ABFS Atchafalaya Basin Floodway System (Louisiana) ABFS Advance Benefit Funding Sources " or the "Company") ("ABFIQ") today announced that it has received approval from the U.S. Bankruptcy Court bankruptcy court n. the specialized Federal court in which bankruptcy matters under the Federal Bankruptcy Act are conducted. There are several bankruptcy courts in each state, and each one's territory covers several counties. for the District of Delaware to retain David Coles David Coles (born 15 June 1964) is the current goalkeeping coach for English FA Premier League team Portsmouth. He moved to the club from local rivals Southampton in January 2006. In his playing days, Coles was a goalkeeper in the lower leagues, mainly at Aldershot. of turnaround and restructuring firm Alvarez & Marsal, LLC (Logical Link Control) See "LANs" under data link protocol. LLC - Logical Link Control ("A&M") as Chief Restructuring Officer. At a hearing held before the Court yesterday, the Company reported that it has resolved certain issues with the Office of the United States Trustee. As a result, the U.S. Trustee withdrew her objection to the Company's retention of Mr. Coles and A&M, and also withdrew her motion seeking the appointment of a Chapter 11 trustee. "I am pleased that we were able to work with the Office of the U.S. Trustee to amicably resolve these issues, and that the Court has approved our retention," said Mr. Coles. "We intend to continue to work with all constituents, including the Secured Noteholders and the Unsecured Creditors Unsecured Creditor An individual or institution that lends money without obtaining specified assets as collateral. This poses a higher risk to the creditor because they have nothing to fall back on should the borrower default on the loan. A debenture holder is an unsecured creditor. Committee, to maximize recoveries." As part of the resolution with the U.S Trustee, ABFS agreed to the appointment of an examiner pursuant to section 1104 of the Bankruptcy Code Bankruptcy Code may refer to:
ABFS also reported to the Court that by April 11 it will file a motion with the Court that will address the changes in the relationship between the Company and Anthony J. Santilli, Chairman and Chief Executive Officer of ABFS. ABFS also announced today that Jeff Steinberg, Executive Vice President, and Barry Epstein, Managing Director of Wholesale Lending, have left the Company, effective immediately. American Business Financial Services, Inc., together with its subsidiaries, is a financial services organization operating mainly in the eastern and central portions of the United States and in the state of California. The Company originates, sells and services home mortgage loans through its principal direct and indirect subsidiaries. The Company voluntarily filed a petition for relief under Chapter 11 on January 21, 2005 in Wilmington, Delaware Wilmington is the largest city in the state of Delaware and is located at the confluence of the Christina River and Brandywine Creek, near where the Christina flows into the Delaware River. . Some of the information included in this press release may contain forward-looking statements forward-looking statement A projected financial statement based on management expectations. A forward-looking statement involves risks with regard to the accuracy of assumptions underlying the projections. within the meaning of the federal securities laws. These forward-looking statements can be identified by forward-looking words such as "may," "will," "expect," "intend," "anticipate," "believe," "estimate," "plan," "could," "should" and "continue" or similar words. These forward-looking statements may also use different phrases. These forward-looking statements are not historical in nature and include statements that reflect, when made, ABFS' views with respect to current events and financial performance. All such forward-looking statements are and will be subject to numerous risks, uncertainties and factors relating to relating to relate prep → concernant relating to relate prep → bezüglich +gen, mit Bezug auf +acc ABFS' operations and business environment, many of which are beyond ABFS' control, that could cause actual results to differ materially from any results expressed or implied by such statements. Factors that could cause actual results to differ materially include, without limitation: the ability of ABFS to continue as a going concern; the ability of ABFS to obtain bankruptcy court approval with respect to motions in the Chapter 11 proceeding filed by it from time to time, including the motions filed with ABFS' first day papers to approve, among other things, the debtor-in-possession (DIP) financing; ABFS' alternatives in the event the bankruptcy court does not grant final approval of the DIP financing; the ability of ABFS to operate pursuant to the terms of the DIP financing; the ability of ABFS to develop, prosecute, confirm and consummate one or more plans of reorganization with respect to the Chapter 11 proceeding; risks associated with third parties seeking and obtaining court approval to terminate or shorten the exclusivity period for ABFS to propose and confirm one or more plans of reorganization, for the appointment of a Chapter 11 trustee or to convert the Chapter 11 proceeding to a Chapter 7 proceeding; potential adverse publicity surrounding the Chapter 11 proceeding; the ability of ABFS to obtain and maintain adequate relationships with vendors and loan brokers and manage relationships with its creditors and other lenders; the ability of ABFS to fund its working capital needs through the expiration of the DIP financing and thereafter; the potential adverse impact of the Chapter 11 proceeding on ABFS' liquidity or results of operations; the ability of ABFS to adequately fund and execute its business plan; the ability of ABFS to attract, motivate and/or retain key employees; potential actions of regulatory authorities Noun 1. regulatory authority - a governmental agency that regulates businesses in the public interest regulatory agency administrative body, administrative unit - a unit with administrative responsibilities which govern ABFS' operations; the outcome of legal proceedings All actions that are authorized or sanctioned by law and instituted in a court or a tribunal for the acquisition of rights or the enforcement of remedies. to which ABFS is or may become a party and other risks described in ABFS' reports filed with the Securities and Exchange Commission pursuant to the Securities Exchange Act of 1934, as amended, including factors described in ABFS' Annual Report on Form 10-K Form 10-K A report required by the SEC from exchange-listed companies that provides for annual disclosure of certain financial information. Form 10-K See 10-K. for the fiscal year ended June 30, 2004 and amendments thereto. These statements speak only as of the date of this press release, and ABFS disclaims any intention or obligation to update or revise any forward-looking statements to reflect new information, future events or developments or otherwise, except as required by law. ABFS provides additional information in its filings with the SEC, which readers are encouraged to review, concerning other factors that could cause actual results to differ materially from those indicated in the forward-looking statements. Similarly, these and other factors, including the terms of any reorganization plan A scheme authorized by federal law and promulgated by the president whereby he or she alters the structure of federal agencies to promote government efficiency and economy through a transfer, consolidation, coordination, authorization, or abolition of functions. or other alternative transactions ultimately confirmed, can affect the value of ABFS' existing common stock and/or other equity securities. There has been no determination, and no assurance can be given, as to what values, if any, will be ascribed in the Chapter 11 proceeding to ABFS' existing common stock and/or other equity securities. Accordingly, ABFS urges that the appropriate caution be exercised with respect to existing and future investments in ABFS' common stock and/or other equity securities. |
|
||||||||||||||||

Printer friendly
Cite/link
Email
Feedback
Reader Opinion