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US judge declares defaulted Venezuelan bonds valid

US judge declares defaulted Venezuelan bonds valid

On Thursday, a U.S. court upheld the validity and the 2020 bonds of Venezuelan oil company PDVSA. This led to the suspension of an auction of shares of the parent company of Venezuelan-owned U.S. refining firm Citgo.

The bonds are secured by a majority stake in Citgo, which is ultimately owned by Caracas-headquartered PDVSA. The company defaulted in 2019 on the bonds, putting the refiner under threat of seizure from creditors.

Since years, bondholders and companies expropriated by Venezuela have been fighting in U.S. courtrooms for the country's assets abroad, including Houston-based refiner Citgo Petroleum valued at $13 billion.

Venezuela defaulted in the payment of those bonds and others issued by PDVSA and the country. After winning arbitration cases, several companies whose Venezuelan assets had been expropriated from them by the late president Hugo Chavez now seek to seize Venezuela's overseas assets.

Citgo cut ties with PDVSA after Washington sanctioned it in 2019 to try and oust Venezuelan president Nicolas Maduro. The Venezuelan political opposition then took over the company's control.

The opposition is trying to protect Citgo, and other assets, from creditors or companies that are seeking compensation for expropriated assets or defaulted debt. The opposition argued that 2020 bonds had not been issued in accordance with Venezuelan law.

Katherine Polk Failla, U.S. district judge in Manhattan, ruled on Thursday that the bonds had indeed been issued properly. The bonds were declared valid by the judge in 2020. However, an appeals court ordered a further review.

Failla's decision led to a brief suspension of a separate Delaware auction for shares in Citgo parent company, before U.S. district judge Leonard Stark. This was done to allow the court time to consider the implications of Failla’s ruling.

Citgo, the 7th largest oil refiner in the United States, will likely be determined by the auction. 15 companies, including bondholders, are bidding for Citgo's assets. The auction includes a subsidiary from Gold Reserve, and Amber Energy, a division of Elliott Investment Management.

Lawyers for Venezuela said in Stark's Stark courtroom earlier this week that they would appeal if the validity of 2020 bonds was confirmed. Sources close to preparations say that after Failla's decision, the boards overseeing Citgo met urgently with their lawyers in order to plan future action.

The sale proceedings are now in their fourth week. The judge has yet to make key decisions regarding pending procedural questions or confirm the auction winner.

(source: Reuters)