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PosiGen blamed federal cutbacks and new tariffs for its
decline
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Lender Brookfield has moved to foreclose on company assets
By Dietrich Knauth
NEW YORK, Nov 25 (Reuters) - Solar power company PosiGen
filed for bankruptcy in Texas late Monday, saying the Trump
administration's cuts to tax credits and subsidies for solar
power had starved the company of cash and sparked disputes with
its lenders.
PosiGen, which provided solar power to 40,000 residential
customers in 15 states, ran short of cash over the summer, and
the company ceased most operations after its lenders balked at
investing more money into a declining market for U.S. solar
power, according to court documents filed Tuesday.
The federal government's shift away from solar power has caused
many investors and lenders to pull back from the market, and it
has pushed major companies like Solar Mosaic LLC, SunPower
Corporation and Sunnova Energy International Inc into
bankruptcy.
PosiGen not only suffered from the broader decline in the
U.S. solar power market, but it also admitted to "mistakes" in
the way it had done business in the past year. The company
double-pledged some assets as collateral on more than one loan
while it sought short-term financing, and it also violated debt
contracts by commingling cash from different revenue streams,
according to its court filings.
Based in Louisiana, PosiGen focused on providing affordable
residential solar power to working-class families in the U.S.
The company did not charge customers up front for solar
installation costs, instead charging a monthly lease payment
after the system was installed. PosiGen borrowed money for
installations and it sold both tax credits and revenue streams
from the customer leases to outside investors, according to
court filings.
PosiGen said its customers had saved $45 million on their
electricity bills in 2024 alone. But the business depended on
government subsidies and tax credits for solar power, and
Republican President Donald Trump's administration has cut
renewable energy tax credits while also imposing steep tariffs
on key components of solar construction projects, according to
the company.
PosiGen has $206 million in funded debt, and its primary
lender, Brookfield Asset Management ( BAM ), had sought to foreclose on
the company's assets and transition most of PosiGen's customers
to a new solar power provider, according to court documents.
PosiGen opposed Brookfield's proposal, saying that a
court-supervised bankruptcy would buy time to complete solar
installation projects that will provide future revenue. The
bankruptcy will avoid a "slow dismemberment of the company" and
provide a better outcome for stakeholders including customers,
employees and investors who had purchased solar investment tax
credits from PosiGen, according to the company's court filings.
The case is In re PosiGen PBC et al, U.S. Bankruptcy Court for
the Southern District of Texas, No. 25-90787.
For PosiGen: Charles Koster, Thomas Lauria, Michael
Shepherd, Fan He, Andrea Kropp of White & Case LLP, among
others.
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