Advanta Corp. Files to Reorganize Under Chapter 11 to Preserve Stakeholder Value
November 08 2009 - 8:55PM
Business Wire
Advanta Corp. (NASDAQ: ADVNB; ADVNA) announced today that it
filed a voluntary petition for reorganization under Chapter 11 of
the U.S. Bankruptcy Code.
Although Advanta Corp. has close to $100 million in cash and
equivalents on hand, over time it would not be able to meet all of
its existing obligations. The filing at this time is intended to
address that shortfall in an orderly way that benefits stakeholders
most fairly. The Company is reviewing both existing and potential
business opportunities in connection with the reorganization.
Advanta Corp. has about $138 million of senior retail investment
notes outstanding and the filing is expected to preserve the value
of Advanta Corp.’s assets which will, among other things, maximize
recoveries of the senior retail note holders.
Advanta Bank Corp., a wholly owned subsidiary of Advanta Corp,
is not included in the Chapter 11 filing. It has been one of the
nation’s largest issuers of credit cards for small business. It is
currently collecting its $2.7 billion portfolio of managed
receivables from 360,000 customers but the cards are not open to
new charges. The Chapter 11 proceeding will not have any impact on
outstanding credit card balances and customer payment obligations
will continue on normal schedules.
Advanta Bank Corp.’s capital is, however, below regulatory
capital requirements and over time Advanta Bank Corp. may be turned
over to an FDIC receivership. Again that should not affect its
customers. The parent corporation consciously decided not to fund
the capital deficiency in order to preserve value for the senior
retail note holders and other Advanta. Corp. stakeholders.
“The economic debacle over the last two years devastated
Advanta’s small business customers and Advanta itself,” said Dennis
Alter, Chairman and CEO, who is waiving his salary and any bonus
during this process. In May of this year Advanta Corp. and Advanta
Bank Corp. initiated a plan to limit their losses and add
substantial value through the acquisition of Class A bonds issued
by the Advanta Business Card Master Trust. However, the FDIC, after
initially clearing the Plan, ultimately decided not to allow it to
proceed.
After that Advanta Bank Corp. proposed a second plan to enable
the Company to preserve value for its stakeholders and provide
capital both for the Company and the Bank. However, an essential
component of that plan recently also failed to secure FDIC approval
leading to the Chapter 11 filing today.
Advanta Corp. has had a 59 year history of being a leading
innovator in the financial services industry and of providing great
value to its stakeholders, including its senior retail note holders
and shareholders, prior to the recent reversals. It has also been a
major civic and charitable force in the communities in which it is
based, particularly in the Greater Philadelphia area.
For more information, please visit www.advantareorg.com The
Company has also established a toll-free information line for
interested parties. The number is 1-800-223-7074.
This Press Release contains forward-looking statements that are
subject to certain risks and uncertainties that could cause actual
results to differ materially from those projected. The most
significant among these risks and uncertainties are: 1) that the
Bank will not be able to regain compliance with the capital levels
and ratios required by the FDIC; 2) that the FDIC will pursue
further regulatory actions against the Bank; 3) the costs, timing
and success of the reorganization actions, including the Company’s
ability to prosecute, confirm and consummate a plan of
reorganization which has not yet been proposed; and 4) the impact
of litigation and legal, regulatory, administrative and other
claims, investigations or proceedings. The cautionary statements
provided above are being made pursuant to the provisions of the
Private Securities Litigation Reform Act of 1995 (the “Act”) and
with the intention of obtaining the benefits of the “safe harbor”
provisions of the Act for any such forward-looking information.
Additional risks that may affect the Company’s future performance
are detailed in the Company’s filings with the Securities and
Exchange Commission, including its most recent Annual Report on
Form 10-K and its Quarterly Reports on Form 10-Q.
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