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Chapter 11 ruling a ‘victory for Bahamians’

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Bradley Roberts

By AVA TURNQUEST

Tribune Chief Reporter

aturnquest@tribunemedia.net

PROGRESSIVE Liberal Party Chairman Bradley Roberts declared yesterday that the Delaware Bankruptcy Court’s decision to throw out Baha Mar’s Chapter 11 bankruptcy cases was a major victory for the country’s sovereignty and citizenry.

Mr Roberts invited the Free National Movement to “eat crow” for backing the US petition and criticising the government’s Supreme Court bid to wind up the resort.

He added that the country would have “crashed and burned long ago” had FNM Leader Dr Hubert Minnis been prime minister during this challenging time.

Delaware Judge Kevin Carey dismissed the Chapter 11 case of Baha Mar’s Bahamian companies on Tuesday, stating that the case was unlikely to force the resort’s Chinese partners and the government to the negotiating table in the short term.

Judge Carey also backed Bahamian Supreme Court Justice Ian Winder in finding that Baha Mar’s creditors had “a legitimate expectation” that any insolvency proceedings involving the project would take place in The Bahamas.

Mr Roberts welcomed the US ruling as evidence that the government was standing on the right side of history for the welfare of the Bahamian people.

“Dr Minnis and the FNM were wrong on Baha Mar,” he said.

“They backed the Delaware Bankruptcy Court petition and were proven wrong. They were critical and scoffed at the government’s petition in the Bahamas Supreme Court to protect the national sovereignty, the employment, and the investment of thousands of Bahamians; they were proven wrong.”

“The FNM criticised the government’s decision to pay the Bahamian workers employed at Baha Mar.”

He added: “If Bahamians had misgivings and were unsure about the leadership capabilities and policy acumen of Dr Minnis, his latest blunder and incredible display of poor judgment must convince all and sundry that Dr Minnis is no leader. He fumbled the ball on a major policy matter with widespread implications for our economy and public finances.”

The PLP Chairman underscored that the FNM leader has been wrong on nearly every major policy issue, adding that he was incapable of comprehending the country’s best interests.

“The incorrigible and unpatriotic (FNM Senator) Carl Bethel is invited to consume a double portion,” his statement continued.

“He had the audacity to ridicule the Bahamas judiciary, the independent and equal branch of government constituted to protect the rights of Bahamians for its ruling in the interest of Bahamians. This was inexcusable.”

On Tuesday, Judge Carey ruled in favour of the motions by Baha Mar’s contractor, China Construction America (CCA) and lender, China Export-Import Bank, to dismiss the Chapter 11 proceedings involving the developer’s 14 Bahamian-domiciled companies.

Yesterday, CCA Bahamas welcomed the ruling and maintained its commitment to working with the provisional liquidators appointed by the Supreme Court.

“This decision protects the interests of all principal stakeholders and provides greatest certainty to the future of the Baha Mar Resort,” CCA’s statement read.

“CCA Bahamas remains committed to working with the provisional liquidators appointed by the Bahamas Supreme Court as this process moves forward. We possess unique expertise and understanding of the project, and we stand ready, willing and able to re-mobilise the appropriate resources to complete the Baha Mar Resort as soon as possible.”

Comments

ThisIsOurs 8 years, 7 months ago

These people are certifiable. Judge Carey DID NOT rule on whether appointing provisional liquidators made sense. In fact he said "chapter 11 would have been the ideal vehicle...", that suggests to me that provisional liquidators was not ideal. However, since the government and the Chinese were hell bent on pursuing that avenue there was little he could do. Go ahead shoot yourself in the foot, it's up to you.

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BaronInvest 8 years, 7 months ago

In my country they would have arrested a bunch of these politicians already. It's almost like someone there is thinking "Let's see how much Bahamians can take until they finally got enough"... So insulting to this country and the people who live here... unbelievable...

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