Pacific Steel Casting files for bankruptcy
Pacific Steel Casting Company LLC, the 84-year old West Berkeley foundry that closed its doors in October, filed for bankruptcy on Jan. 25, but not before repaying a USD 3.8 million loan to Speyside Fund LLC, the entity that purchased the firm in 2014. The company also managed to pay more than USD 615,000 in salaries to its two top executives before the Chapter 7 filing, but couldn’t pay out the USD 845,746 in severance it owes about 70 employees.
Moreover, the only secured creditor, the first in line to get repaid, is the Speyside Fund. Pacific Steel Casting owes it USD 823,963 and the debt is secured by property. All the others owed money — former workers, the city of Berkeley (owed $88,712 for unpaid business tax and other fees), two sets of attorneys, the underwriters that provided a surety bond, plumbers, LinkedIn and more — will have to wait.
Conchita Lozana-Batista, whose law firm, Weinberg, Rogers & Rosenfeld, battled Speyside Equity in court when the Ann Arbor company stopped paying into the workers’ pension and health funds in 2017 said that “The bankruptcy filing makes clear what Speyside’s priorities are further looting the company to the detriment of the workers. We were surprised to see them as the only secured creditor. They are the ones that flipped it and stripped it, or tried to.”
Pacific Steel Casting Company repaid the Speyside Fund because it was a secured loan, said its attorney, Tracey Green of Wendel, Rosen, Black and Dean. The executives got paid because Pacific Steel was contractually required to pay them. She said workers got severance, too, although the filing shows they only received USD 35,000, not the full amount owed to them.
The Chapter 7 bankruptcy filing shows that Pacific Steel Casting Company has about $1.9 million in assets but $3.4 million in liabilities. Not listed among the creditors is the workers’ pension and health funds. Lozana-Batista said her firm would be filing a claim to recover unpaid pension contributions.
A meeting of creditors is scheduled for March 1 in bankruptcy court.
Source : Strategic Research Institute