[clari.biz.top] Julien drops objections to bankruptcy trustee

clarinews@clarinet.com (MEDE NIX) (01/17/90)

	MEMPHIS, Tenn. (UPI) -- Lawyers for the Julien Co. dropped
objections Tuesday to the appointment of a trustee to oversee the
reorganization of the cotton merchant whose bankruptcy threw world
markets into chaos.
	The Julien Co., the world's No. 2 cotton merchant, filed for
Chapter 11 bankruptcy reorganization last week after two banks and a
brokerage house sought involuntary bankruptcy for the firm.
	The company, owned by Julien Hohenberg, 63, apparently lost
millions speculating on the New York Cotton Exchange last fall.
Testimony at a hearing last week showed that Julien owes about $325
million to 11 banks and $19 million to more than 600 unsecured
creditors.
	The company has assets of only about $160 million. Bankers Trust
Co., one of the banks seeking involuntary bankruptcy, is owed the
largest amount, $172 million.
	``Management would not be opposed to the appointment of a
trustee,'' Edward Montedonico, lawyer for the company, told a hearing
Tuesday. ``We would just ask that the trustee be familiar with the
cotton trade and a disinterested party.''
	Montedonico said that, after consulting with members of the cotton
industry over the weekend, it was decided that a trustee would be best
to run the company during liquidation of its assets.
	``This consent has been well considered,'' said William Norton,
Hohenberg's personal lawyer. ``Because of the allegations in the filing
against us and because of the impact on the employees who stayed with
him, he thinks this is the best way.''
	``He feels a moral obligation to the unsecured creditors and
believes that the secured creditors would not have given consent,''
Norton said.
	Bankers Trust last week had asked U.S. Bankruptcy Court Judge
William Brown to appoint a trustee to manage the company through its
bankruptcy reorganization. Bankers Trust also submitted a list of
possible names for the trustee.
	The appointment of a trustee for the company is expected to be made
in about two days, Brown said.
	It will be up to the trustee whether the company stays in Chapter
11 reorganization or converts to a Chapter 7 liquidation, Brown said.
Bankers Trust lawyer Bob Orians said he would prefer liquidation of all
assets, but in an orderly fashion.
	``It is imperative that there is not just a dumping of cotton onto
the market,'' said Orians, who noted some cotton merchants are concerned
that speedy selloff of cotton currently frozen in warehouses and at
shippers could drive the price of cotton down even further.
	Analysts said the Julien Co. apparently acquired contracts in the
summer and early fall on the assumption that cotton prices would rise
and it could sell the contracts for a profit. Instead, cotton futures
declined because of larger than expected crops in the United States and
the Soviet Union.
	A creditors committee of some of the largest unsecured creditors
also will be created. Some of the largest unsecured creditors are
expected to be Julien employees, who have not been paid in weeks.
	Also unresolved are several lawsuits filed against the company and
Hohenberg. The largest was a $15.25 million suit filed by Bankers Trust
alleging possible fraud and illegalities from Hohenberg's use of a $2.5
million family trust as collateral for a loan for his firm. Bankers
Trust alleged Hohenberg did not have the authority to commit the trust's
securities to the loan.
	Brown said that a stay to stop all creditors from disposing of
Julien Co. assets will remain in effect at least until a trustee is
appointed.
	Analysts said Julien's financial troubles have caused chaos in the
cotton market, affecting buyers, sellers, growers, shippers, ginners and
mills.