NEW YORK, Nov 19 (Reuters) - A U.S. bankruptcy judge on
Wednesday ordered an independent investigation into auto parts
maker First Brands, allocating a $7 million budget to probe
allegations of fraud involving the company's use of third-party
financing for customer invoices.
U.S. Bankruptcy Judge Christopher Lopez in Houston, who is
overseeing the bankruptcy, did not decide who would conduct the
investigation, instead directing the U.S. Department of
Justice's bankruptcy watchdog to make an appointment.
First Brands' filing for bankruptcy protection has raised
concerns about opaque financing in the private credit market and
cast a spotlight on the potential losses for top financial
institutions like Jefferies and UBS exposed to
the company.
Lopez did not set an exact timeline for the publication of
the examiner's report, but he previously said he preferred a
"targeted" investigation that could be completed quickly.
"Showing up four months later with a report is not helpful
to anybody," Lopez said at a November 6 court hearing.
The company reported over $10 billion in liabilities and has
accused its founder and former CEO Patrick James of
misappropriating "hundreds of millions (if not billions) of
dollars" from the company in a lawsuit. James denies the
allegations.
First Brands is investigating the fraud allegations, but
several participants in the bankruptcy said that an independent
probe was also needed.
Lopez agreed, appointing an examiner to investigate the
company's use of invoice factoring, a process that it has used
to generate short-term cash flow.
First Brands sold customer invoices to third-party financial
institutions, allowing the company to collect funds before a
customer actually paid. The examiner will look into allegations
that First Brands double-sold some invoices to more than one
buyer, and whether First Brands held on to some customer
payments that should have been turned over to the purchaser of
an invoice.
The examiner will also investigate whether money was
transferred out of First Brands to its affiliates or related
companies.