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Another Isle of Man Victory for Creditors Committee in Navigator Bankruptcy.


NEW YORK New York, state, United States
New York, Middle Atlantic state of the United States. It is bordered by Vermont, Massachusetts, Connecticut, and the Atlantic Ocean (E), New Jersey and Pennsylvania (S), Lakes Erie and Ontario and the Canadian province of
 -- In another significant victory for creditors of the Navigator companies, Deemster Deem´ster   

n. 1. A judge in the Isle of Man who decides controversies without process.
 Kerruish of the High Court of Justice of the Isle of Man Noun 1. Isle of Man - one of the British Isles in the Irish Sea
Man

British Isles - Great Britain and Ireland and adjacent islands in the north Atlantic
 today ordered that Navigator Gas Transport plc and its subsidiaries be wound-up, and an independent liquidator be appointed to control their business.

In his ruling, Deemster Kerruish "rejected each and every complaint, argument and submission made by Navigator Gas (an indirect subsidiary of Vela vela

plural of velum.
 Energy, the ultimate parent of the Navigator companies) in its opposition to the (winding-up) Petitions" brought by the Chair of the Official Committee of Unsecured Creditors, Lehman Brothers Inc. The Deemster found that, "on their own evidence," the Navigator companies are "distressingly insolvent." Flatly rejecting an unsworn document purportedly signed by Giovanni Mahler in support of Navigator Gas' opposition to the winding-up petitions, the Deemster held that, "Mr. Mahler's calculations, assumptions and assertions do not withstand analysis and, as to his assumptions, fly in the face of Verb 1. fly in the face of - go against; "This action flies in the face of the agreement"
fly in the teeth of

go against, violate, break - fail to agree with; be in violation of; as of rules or patterns; "This sentence violates the rules of syntax"
 reality." Giving "no weight to the Mahler document," the Deemster emphasized that the petitions were a "perfectly proper, legitimate and beneficial use of the winding-up process, especially when it is what the majority of creditors desire."

In finding "no ground or merit" to Navigator Gas' opposition, the Deemster also held that the views of Navigator Gas - which, together with Mr. Mahler, already is subject to multi-million dollar contempt sanctions imposed by Judge Blackshear in the United States 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.  of the Southern District of New York - "ought not to be regarded as those of an independent creditor." The Deemster specifically referenced the indisputable fact that Navigator Gas and each of the Chapter 11 debtor companies "all share common directors, who include Mr. Mahler...."

Deemster Kerruish refused to stay the winding-up order pending any proposed appeal by Navigator Gas. While business will continue as usual, implementation of the winding-up procedure is thus set to immediately begin.

The Committee is delighted by Deemster Kerruish's decision and looks forward to working with the liquidator to resolve the Navigator insolvencies in accordance with the wishes of bona fide [Latin, In good faith.] Honest; genuine; actual; authentic; acting without the intention of defrauding.

A bona fide purchaser is one who purchases property for a valuable consideration that is inducement for entering into a contract and without suspicion of being
 creditors.
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Publication:Business Wire
Date:Aug 24, 2005
Words:341
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