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GNER owner makes Chapter 11 move GNER owner makes Chapter 11 move
(20 minutes later)
The US parent of British rail firm GNER has filed for Chapter 11 bankruptcy protection in the US.The US parent of British rail firm GNER has filed for Chapter 11 bankruptcy protection in the US.
Passenger and freight transport firm Sea Containers of Bermuda made the move on Monday, after deciding it could not repay its $630m (£339m) debts. Bermuda-based passenger and freight transport firm Sea Containers made the move on Monday, after deciding it could not repay its $630m (£339m) debts.
The move will give it protection from legal action by creditors and breathing space to restructure its finances.The move will give it protection from legal action by creditors and breathing space to restructure its finances.
There will be no impact on GNER, which will continue running intercity trains along the East Coast main line.There will be no impact on GNER, which will continue running intercity trains along the East Coast main line.
'Day-to-day operations' We continue with out business strategy and for our key operating units it will be 'business as usual' Sea Containers CEO Bob Mackenzie
Sea Containers and two subsidiaries, Sea Containers Services and Sea Containers Caribbean, have filed for protection in the US Bankruptcy Court for the district of Delaware. Sea Containers and two subsidiaries, Sea Containers Services and Sea Containers Caribbean, filed for protection in the US Bankruptcy Court for the district of Delaware.
"The prime reason for seeking protection is to prevent any individual creditor from taking action on its own, which would be against the interests of Sea Containers and the majority of creditors," said Sea Containers CEO Bob Mackenzie. "The prime reason for seeking protection is to prevent any individual creditor from taking action on its own, which would be against the interests of Sea Containers and the majority of creditors," said Sea Containers chief executive Bob Mackenzie.
"We continue with out business strategy and for our key operating units it will be 'business as usual'.""We continue with out business strategy and for our key operating units it will be 'business as usual'."
He said that apart from the two Sea Containers subsidiaries mentioned above, no other subsidiary in the group had filed for protection. Mr Mackenzie added that "operating subsidiaries such as GNER, the UK rail operator... will continue their day-to-day operations".
Mr Mackenzie said that "operating subsidiaries such as GNER, the UK rail operator... will continue their day-to-day operations".
Franchise extensionFranchise extension
Sea Containers says it has kept the UK Department for Transport "abreast of developments" and that GNER was not in breach of any of its franchise commitments. Sea Containers said it had kept the UK Department for Transport "abreast of developments" and that GNER was not in breach of any of its franchise commitments.
It said that GNER's finances had been "ring-fenced" from those of Sea Containers.It said that GNER's finances had been "ring-fenced" from those of Sea Containers.
GNER has struggled since it was given a 10-year extension to its franchise last year to operate trains between London and Edinburgh.GNER has struggled since it was given a 10-year extension to its franchise last year to operate trains between London and Edinburgh.
Passenger revenues for the first 14 months of its franchise were £32m lower than anticipated, hit by the impact of the 7 July attacks, rising electricity prices and growing competition.Passenger revenues for the first 14 months of its franchise were £32m lower than anticipated, hit by the impact of the 7 July attacks, rising electricity prices and growing competition.
In the summer GNER lost a court bid to prevent Grand Central running services from Sunderland to London this winter on the East Coast Main Line. In the summer GNER lost a court bid to prevent Grand Central running services from Sunderland to London this winter on the East Coast main line.
Sea Containers has cut its debts in half over the past year.Sea Containers has cut its debts in half over the past year.
Chapter 11 is a US legal device that allows a bankrupt business to carry on operating under the existing management and prevents creditors from forcing it into liquidation.Chapter 11 is a US legal device that allows a bankrupt business to carry on operating under the existing management and prevents creditors from forcing it into liquidation.