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MM&A sale could be done by December, Quebec court files reveal

Crews work in the area of the derailed tanker cars in Lac-Mégantic, Que., on July 14, 2013, after a train derailment and subsequent fires and explosions destroyed much of the downtown area of the picturesque Quebec town.


A sale of the insolvent railway involved in last July's deadly explosion in Lac-Mégantic, Que., could happen as early as mid-December once a formal process to award compensation to victims and other claimants can be established, according to documents filed in a Quebec court.

The filings say as of Friday, the U.S. trustee overseeing the railway's bankruptcy proceedings has been contacted by eight potential buyers interested in the Montreal, Maine & Atlantic Railway. Seven of those have signed non-disclosure agreements to receive confidential data.

The Canadian monitor, Richter Advisory Group Inc., has been in contact with at least two possible bidders in Canada.

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Court officials declined to identify the interested parties, but the transportation subsidiary of conglomerate Irving on Canada's East Coast says it continues to evaluate the deal.

"We're considering all of our options," said Mary Keith, a spokeswoman for J.D. Irving, operator of the NB&M Railways.

The proposed sale schedule for MM&A, which must be approved by both the Quebec and U.S. bankruptcy courts, would see Oct. 31 as the deadline for expressions of interest from potential bidders.

A lead or "stalking horse" bidder would be chosen on Nov. 15 to set a floor price for other bidders. A formal auction of qualified bidders would take place Dec. 13, followed by court approval in Quebec and Bangor, Me., three days later.

Investment banker, the Gordion Group, will conduct the sale.

Interested buyers must be prepared to continue providing service to customers in Quebec, Maine and Vermont, and are permitted to bid on the railway's total assets or just those in Canada or the U.S.

MM&A's American assets have been estimated at between $50-million (U.S.) and $100-million, while the Canadian assets were pegged at about $18-million (Canadian). Proceeds from the sale would also be complemented by a $25-million policy from XL Insurance.

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Meanwhile, Travelers Property Casualty Company of America, which has paid $250,000 to repair the damaged track in Quebec, is trying get out of the rest of its $7.5-million (U.S.) coverage for the railway.

A hearing on the issue is scheduled for Wednesday in Maine, with officials hopeful that a formal claims process will be approved by the courts by Nov. 30. Thousands of claims are expected to be filed, according to the monitor's third report.

While the claims process is still being considered, it will include a framework for the valuation and adjudication of the claims, development of a claim form and the scheduling of several information sessions.

The court officials are seeking extensions in creditor protection until mid- to late January.

"The continued uncertainty surrounding the possible expiration of the stay or extension and the extension of the certificate of fitness has caused considerable uncertainty among the petitioner's customers," the report said.

Dozens of MM&A's customers wrote letters stating that an end of railway services would "have significant financial consequences and would result in job losses in the regions and the closure of various companies." A recent survey of businesses by regional economic development agencies determined that 700 jobs and investments totalling $20-million would be at risk if the railway is shut down.

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Meanwhile, Camden National Bank has approved a $3-million (U.S.) line of credit secured by the railway's U.S. assets to support ongoing operations. However, the funds wouldn't be enough for necessary track repairs or to pay lawyers and other professionals involved in the court proceedings.

The Quebec court is being asked to increase administrative charges to $2.5-million (Canadian), while the U.S. trustee is seeking to allow up to $5-million (U.S.) of fees to be paid from the railway's assets.

Forty-seven people were killed and much of the centre of the picturesque Quebec town was destroyed after an unmanned, runaway MM&A train derailed and exploded July 6. An estimated 5.6 million litres of oil were spilled.

The crude oil that exploded in Lac-Mégantic was as volatile as gasoline, but was documented as a less-dangerous product akin to diesel or bunker crude, the Transportation Safety Board has said.

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