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Share auction to pay for expropriations and defaults
stalled
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Creditors in Texas, New York courts seek to 'jump'
priority
HOUSTON, Oct 15 (Reuters) -
ConocoPhillips ( COP ) has filed a court motion to preserve
the U.S. oil producer's almost top priority among Citgo
Petroleum creditors to cash proceeds from an auction of shares
in the parent of the Venezuela-owned company.
Citgo is the only asset of PDV Holding, which a U.S.
district court in Delaware has found to be liable for
Venezuela's foreign debts.
Conoco's filing in the court follows
lawsuits
in Texas and New York by holders of Venezuelan bonds and
notes trying to jump the line of creditors. Eighteen creditors
aim to recover as much as $21.3 billion from the auction set to
pay for expropriations and debt defaults by Venezuela.
The auction is expected to be completed in coming
months.
"This action seeks to obtain writs of attachment against the
shares of Citgo Holding in favor of every additional judgment
creditor in the order of priority previously established by the
court," Conoco said in its motion filed this week.
A spokesperson for Conoco declined to comment.
Citgo in 2019 severed ties with its ultimate parent,
Caracas-based state company PDVSA, but they have U.S.
subsidiaries, including Citgo Holding and PDV Holding.
A conditional bid of up to $7.3 billion selected by a court
officer last month would only cover a small fraction of the
claims if approved by the judge.
Conoco has three separate arbitration claims approved by
Delaware to be compensated from the auction's proceeds. One of
the claims, for $1.33 billion, is third in the priority order.
Conoco has in recent months also moved to seize payments to
Venezuela from an offshore natural gas project being developed
by PDVSA, Shell and the National Gas Company of
Trinidad and Tobago.
Conoco was recently granted a license from the U.S. Treasury
Department to seek the payments, Bloomberg reported earlier this
month. Conoco and the Treasury Department have not confirmed the
authorization.
"The risk that the ... defendants might attempt to obtain
writs of attachment against the Citgo Holding shares on the
basis of an alter ego theory is real," Conoco added in its
motion.
"These parties have commenced actions seeking to establish
that PDV Holding is the alter ego of PDVSA or the Republic in an
effort to defeat this court's (property distribution)."