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The Honolulu Advertiser
Posted on: Friday, October 9, 2009

Superferry funds earmarked


BY Greg Wiles
Advertiser Staff Writer

Hawaii news photo - The Honolulu Advertiser

The Hawaii Superferry vessel Alakai, above after its last passenger trip, is long gone from Hawaii waters, and the company's cash will be gone soon, too.

ADVERTISER LIBRARY PHOTO | 2009

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A chapter in the bankruptcy of the Hawaii Superferry is set to come to a close later this month, with much of the company's existing $1 million in cash being doled out to attorneys and other professionals who worked on the case.

A disclosure statement for the bankruptcy shows most unsecured creditors won't see a distribution immediately.

Meanwhile, in an ironic twist, the three groups that filed a lawsuit that resulted in the shutdown of the ferry and its insolvency, have been unable to collect more than $100,000 in legal fees and court costs because of the bankruptcy.

The Superferry and its parent company, HSF Holding, are poised to reach a milestone in the bankruptcy on Oct. 21, when a confirmation hearing is set on its disclosure statement detailing plans to liquidate assets.

The Superferry was shut down on March 16 after the Hawaii Supreme Court ruled the company couldn't operate without completing an environmental impact statement.

The company, which operated a 900-passenger twin-hulled ferry between Oahu and Maui, filed for bankruptcy on May 30, saying it planned to sell off its assets and shut down. It returned its ships to lenders that were owed $158.8 million for their construction.

Bloomberg News Service reported the bankruptcy plan shows most of the remaining cash will go to pay $870,000 to attorneys and other professionals who worked on the bankruptcy.

Nonpriority, unsecured creditors are owed $2.91 million, more than $800,000 of which is owed to Hawaii companies such as Laird Christianson Advertising ($134,700), Monarch Insurance Services ($202,000), Sodexo Inc. ($182,000) and Goodsill Anderson Quinn & Stifel ($46,600).

Bloomberg News Service reported unsecured creditors of the Superferry won't receive a distribution up front, but could see some recovery from lawsuits to be brought after the plan is declared effective.

In limbo also is reimbursement for attorney's fees and costs to the Sierra Club, the Maui Tomorrow Foundation and the Kahului Harbor Coalition, which filed a lawsuit challenging a state Department of Transportation exemption allowing the Superferry to begin operations without the preparation first of an environmental impact statement.

In 2008, after winning its initial case, the Hawaii 2nd Circuit Court approved an order granting reimbursement of $91,000 of attorney's fees and costs to the groups, with the Superferry and the state DOT to pay.

The Superferry posted a $147,100 cash bond as it appealed the case to the Hawaii Supreme Court. The groups prevailed there and also asked for an additional $65,300 to cover costs run up during the appeal.

But the groups have been unable to get a bankruptcy court judge in Delaware to release any part of the money and has been opposed by the Superferry in some of its attempts to get at the cash bond.

"It's not been fun," said Isaac Hall, the Maui attorney who represented the groups in court. He said they've had to hire a Delaware attorney to file motions saying the cash bond, deposited with the Maui Court, is not part of the bankruptcy estate.

"I've been paid some by my clients but it's nothing close to what I'm owed."

The group did get the bankruptcy court to agree that it could pursue several motions in local courts tied to obtaining reimbursements.

But Hall said there is still some uncertainty surrounding what the Delaware court will rule on whether the reimbursement money can be released.

"I'm sure the Superferry must be enjoying it," Hall said.

Bloomberg News Service contributed to this report.