*
Judge Failla rules PDVSA's 2020 bonds valid under
Venezuelan law
*
Citgo's assets at risk due to PDVSA's default
*
Delaware Judge Stark moves to support Amber Energy's bid
for
Citgo parent
(Recasts lede, adds decisions by Delaware judge in paragraphs
11-14)
By Luc Cohen and Marianna Parraga
NEW YORK/HOUSTON, Sept 18 (Reuters) - A U.S. judge
upheld the validity of Venezuelan state oil company PDVSA's 2020
bonds on Thursday, prompting a judge in another court to move
towards the completion of an auction of shares in the parent of
Venezuela-owned U.S. refiner Citgo Petroleum.
The bonds are secured by a majority stake in Citgo,
which is ultimately owned by Caracas-headquartered PDVSA. The
state oil company defaulted on the bonds in 2019, putting the
Houston-based refiner at risk of seizure by creditors.
For years, bondholders and companies expropriated in
Venezuela have clashed in U.S. courts in pursuit of the
country's overseas assets, especially its crown jewel Citgo,
after winning arbitration cases.
After Washington sanctioned PDVSA in 2019 as part of its
push to oust Venezuelan President Nicolas Maduro, Citgo severed
ties with PDVSA and the refiner's control was taken over by
Venezuela's political opposition through supervising boards.
The opposition has been trying to protect Citgo and
other assets from creditors seeking redress for defaulted debt
or expropriated assets. The opposition had argued that the 2020
bonds were not properly issued under Venezuelan law.
On Thursday, U.S. District Judge Katherine Polk Failla in
Manhattan ruled that the bonds were indeed properly issued. She
had declared the bonds valid in 2020, but an appeals court later
ordered further review.
"Today's decision is as bad as the previous one, and we will
appeal it. We have plenty of grounds for that," said Horacio
Medina, head of a board supervising Citgo.
After Failla's ruling, the final hearing of a separate
auction of shares in Citgo's parent before U.S. District Judge
Leonard Stark in Delaware was temporarily suspended to allow the
court to review the impact of the New York judge's decision.
The auction, in which 15 companies and noteholders are
pursuing Citgo's assets, is expected to determine the future of
the seventh-largest U.S. refiner. Frontrunners include a unit of
miner Gold Reserve ( GDRZF ) and Amber Energy, an affiliate of
hedge fund Elliott Investment Management. A decision on the
winner is pending.
Failla's decision is expected to help untangle the auction,
which has seen three bidding rounds since last year, lawyers and
experts said.
After the hearing resumed hours later, Judge Stark denied
Gold Reserve's ( GDRZF ) motion to disqualify Amber's bid and instructed a
court officer overseeing the auction to terminate a stock
purchase agreement with the miner and sign a new one with Amber
to move the process forward, Gold Reserve ( GDRZF ) said in a release.
The move had been requested this week by court officer
Robert Pincus and some creditors in favor of Amber's bid, which
includes a $2.1 billion pact to pay the bondholders.
Other parties had proposed that Judge Stark keep both offers
on the table.
Gold Reserve ( GDRZF ) said it was expecting a written opinion and
order from the court shortly. Amber did not reply to a request
for comment. Representatives of the 2020 bondholders declined to
comment.
The Delaware sale hearing finished on Thursday after more
than 30 hours of testimony and questioning.