PACIFIC LUMBER BANKRUPTCY

Bay Area Coalition for Headwaters
April 24, 2007


When Pacific Lumber filed for bankruptcy on January 18, it didn't surprise many people. In fact, forest and community activists had begun meeting to strategize for expected changes more than a year and a half ago after PL had been rather loudly and pointedly threatening bankruptcy to pressure regulatory agencies to give them more logging capability. A lot has happened since Jan. 18.

On the positive side, there are some indications that state officials will resist PL's manipulative moves to make even the bankruptcy work for those at the top of the corporation. PL's initial posturing with regards to tossing provisions of the Headwaters Deal Habitat Conservation Plan overboard have been rebuffed by comments from agency and elected officials, and the California Attorney General's office announced they want to move the bankruptcy proceedings, appropriately, to a California court. The only reason it is currently in a Texas court is because Maxxam "created" a bogus company--Scotia Development LLC--in June 2006 in order to have an office in Corpus Christi, Texas. The offices of this "company" occupy 344 square feet in an office building with an answering machine. Hurwitz's shenanigans continue to the end.

A Stafford house under mud following the 1997 mud slide.
On the negative side, PL and its subsidiaries Scotia Pacific and Britt Lumber's over 500 employees are owed wages and benefits that will now only be paid on the approval of the bankruptcy court, and those employees have an underfunded pension fund. Severance checks for the 90 workers laid off just before Christmas 2006 are on hold. A large percentage of PL employees have 30 or 40 years of service to the company, and the fate of the company-owned town where many of the employees and laid-off employees live is also uncertain. PL owns their homes, a good deal until four weeks ago. The assets (timber base) are depleted, the streams are trashed from upstream clearcuts, and a large number of residents face regular flooding and landslides that have ruined crops and homes, with no relief in sight. Finally, the company is burdened by about $714 million in debt, thanks to refinancing that sent dividends to Maxxam in Houston but kept boosting the debt burden back up to a figure close to the purchase debt incurred in 1985 when Maxxam took over Pacific Lumber. It was a $27 million interest payment due on January 20 that PL was unable to make that finally brought the house of cards tumbling down.

The principal light at the end of the tunnel is the likely emergence of a company that will be Hurwitz-free and Maxxam-free. That is not guaranteed in bankruptcy proceedings, but it is inconceivable that the creditors and bondholders who will sit at the table overseen by the bankruptcy court could want management decisions to continue to be made by the corporate raider who took the company and the north coast economy down this path for the past two decades. But the outcome will be determined by debates, discussions and negotiations over the next year and a half or longer, as the court-facilitated corporate reorganization takes place. It is reorganization, not a shut-down, that is triggered by Chapter 11 corporate bankruptcy.



This article can be found online at www.treesfoundation.org/publications/article-276

Forest & River News is produced by Trees Foundation. For more information contact:
Bay Area Coalition for Headwaters
Karen Pickett
c/o Ecology Center
2530 San Pablo Ave
Berkeley, CA 94702
Email: bach@headwaterspreserve.org
Phone: (510) 835-6303 Fax: (510) 548-2240