China's Evergrande Group Files For Protection In US Amid Debt Restructuring

The company has asked for protection under Chapter 15 of the US bankruptcy code, a provision designed to safeguard foreign companies undergoing restructuring processes from creditors

The Chinese real estate giant Evergrande in its petition said that restructuring proceedings are being carried out in Hong Kong and the Cayman Islands.

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Struggling real estate giant China Evergrande Group has submitted a request for creditor protection in a US bankruptcy court in New York amid ongoing efforts to restructure its debt. The move comes on the backdrop of increasing concerns about China's deteriorating real estate situation and a declining economy. The company has asked for protection under Chapter 15 of the US bankruptcy code, a provision designed to safeguard foreign companies undergoing restructuring processes from creditors who may intend to initiate legal actions or secure assets within the United States.

The Chinese real estate giant Evergrande in its petition said that restructuring proceedings are being carried out in Hong Kong and the Cayman Islands, as per a Bloomberg report. 

Evergrande, formerly Hengda Group, was founded in 1996 during China's urbanisation boom. It went public in 2009, raising $722 million through the stock market. However, later in a bid for rapid expansion, the company accumulated hundreds of millions in debt. By 2021, its substantial debts triggered the Chinese property crisis after Evergrande defaulted on a dollar bond in December 2021

In 2022, it decided to relocate its headquarters to Guangzhou for cost-cutting. Despite resuming some projects, liabilities remained around $300 billion, according to a Reuters report. 

In July 2023, Evergrande reported huge losses for 2021 and 2022. It sought debt restructuring in Hong Kong and the Caribbean. According to the news agency, the developer's offshore debt restructuring involves a total of $31.7 billion, which include bonds, collaterals, and repurchase obligations

The report also noted that China's ongoing property sector crisis has amplified the risk of financial contagion, posing a destabilising threat to an already weakened economy characterised by sluggish domestic spending, declining industrial output, increasing unemployment, and subdued global demand.

A Chinese asset manager Zhongzhi Enterprise Group Co. defaulted on certain investment products, signaling a liquidity crisis. Country Garden, the nation's largest private developer, has also raised concerns about a suffocating liquidity crunch.

These issues arise amid a backdrop of sustained contraction in property investment, home sales, and new construction for over a year, the report said.  Morgan Stanley, aligning with other major international brokerages, recently revised China's growth projection for the current year. Their forecast now places China's gross domestic product (GDP) growth at 4.7 per cent, a reduction from the previous estimate of 5 per cent, as per the report. 

Evergrande, in an effort to restore operations and generate cash flow, unveiled an offshore debt restructuring plan in March. Evergrande's creditors are set to vote on the proposed restructuring plan, with potential ratification by the courts in Hong Kong and the British Virgin Islands anticipated in the initial week of September, as per Reuters. 

Additionally, a subsidiary of Evergrande, Tianji Holdings, has sought Chapter 15 protection in a Manhattan bankruptcy court. In its filing, Evergrande aims to secure recognition for ongoing restructuring discussions in Hong Kong, the Cayman Islands, and the British Virgin Islands. A Chapter 15 recognition hearing is proposed for September 20.

Following the Evergrande debt crisis, last year, Modern Land (China) Co. Ltd., another Chinese developer, sought Chapter 15 recognition after defaulting on offshore bonds due in October 2021.

Trading of China Evergrande shares was halted in March 2022. Notably, Evergrande Services witnessed a more than 12 per cent decline in its shares, while China Evergrande New Energy Vehicle Group saw an 8 per cent drop in the latest Friday trading session.