Caraustar's Chapter 11 gets speedy court approval

Posted on August 13, 2009 16:58 by Janet Conley

A U.S. Bankruptcy Court judge has issued the fastest approval of a Chapter 11 reorganization plan in the history of the Northern District of Georgia.

That’s according to information from King & Spalding, the firm that represented paperboard company Caraustar Industries Inc., in its reorganization.

The company filed its voluntary petition and its Chapter 11 plan on May 31, with some amended plans and plan supplements filed after that date; just 65 days later, on Aug. 4, Judge Mary Grace Diehl approved the plan, which allows Caraustar to reduce its debt by about $135 million. The company’s bankruptcy court petition indicates that its overall debt is between $100 million and $500 million, with between $50 million and $100 million in assets. Among the company’s largest unsecured creditors listed in the bankruptcy petition are Oracle USA, Food Lion LLC and E.I. du Pont de Nemours & Co. Caraustar owes the most money—$29 million—to unsecured creditor Bank of New York Mellon, according to the filing.

Caraustar, based in Austell, has nearly 3,000 employees and is one of the largest integrated manufacturers of 100 percent recycled paperboard and converted paperboard projects in North America.

Caraustar is represented by King & Spalding lawyers James A. Pardo Jr., Jessica S. Jackson, Mark M. Maloney and Michelle L. Carter. The company’s Ad Hoc Committee of 2009 and 2010 Noteholders is represented by Dennis J. Connolly at Alston & Bird, and by several attorneys from Stroock & Stroock & Lavan in New York.

Caraustar, a publicly traded company, reported $159.3 million in sales in the first quarter of 2009, compared with $216.5 million for the same period in 2008. The company also reported a net loss of $4.4 million in the first quarter of this year, or 15 cents per share, compared with $200,000, or $0.01 per share, for the same period in 2008. The company has not yet issued a report for the second quarter.


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Janet ConleyThe Deal Watch Blog is devoted to bringing you the latest news in business law in Atlanta, the Southeast and the U.S. The lead writer is Daily Report associate editor Janet L. Conley.

Janet L. Conley is an attorney who returned to journalism after practicing law with Akin, Gump, Strauss, Hauer & Feld in Washington and with the Georgia Legal Services Program in Atlanta.

During her tenure at the Daily Report, Janet, now the paper's associate editor, has covered law firm economics and management, business and federal courts. In 2007, she received the Georgia Associated Press Story of the Year award and the Atlanta Press Club’s Journalist of the Year award, both for small circulation newspapers, for "Green to Gold," a series of articles on how climate change will alter business and the law.

Janet has written for The American Lawyer magazine and the National Law Journal, among other publications. She also served as managing editor of GC South magazine.

Janet holds a journalism degree from Southern College and a juris doctor degree from the University of Pennsylvania. She lives in Decatur with her husband Mark Harper, also an attorney, and their three children.

She can be reached at jconley@alm.com.

Andy PetersThe contributing writer is Daily Report staff reporter Andy Peters.

Andy Peters has been a journalist since graduating from Furman University in 1992. A short list of the subjects he’s covered includes the Georgia state Legislature, the U.S. semiconductor industry, the Alabama-Florida-Georgia “water wars” litigation, the 1999 American Airlines pilots strike, Coca-Cola and PepsiCo’s battle to acquire the Gatorade sports-drink brand, indie rock music and high school football. Andy has written for Bloomberg News, the New York Times Web site, the Macon Telegraph, the Spartanburg (S.C.) Herald-Journal and the Atlanta Business Chronicle.

Andy has written the Deal Watch column for the Daily Report since March 2006. He was born in Chattanooga, Tenn. in 1971 and grew up in Ringgold, Ga. He lives in Decatur with his wife and two children.

He can be reached at apeters@alm.com.

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