*
Judge Failla rules PDVSA's 2020 bonds valid under
Venezuelan law
*
Citgo's assets at risk due to PDVSA bond default
*
Delaware auction for Citgo parent shares temporarily
suspended
for review
(Adds background in paragraphs 3-6, 8, 10; adds details on
Delaware auction in paragraphs 7, 9)
By Luc Cohen and Marianna Parraga
NEW YORK, Sept 18 (Reuters) - A U.S. judge upheld the
validity of Venezuelan state oil company PDVSA's 2020 bonds on
Thursday, prompting the temporary suspension of a separate
auction for shares in the parent of Venezuela-owned U.S. refiner
Citgo.
The bonds are secured by a majority stake in Citgo,
which is ultimately owned by Caracas-headquartered PDVSA. The
company defaulted on the bonds in 2019, putting the refiner at
risk of seizure by creditors.
Bondholders and companies that were expropriated in
Venezuela have clashed for years in U.S. courts in pursuit of
the country's overseas assets, especially Houston-based refiner
Citgo Petroleum, valued at some $13 billion.
Venezuela defaulted on those and other bonds issued by the
country and PDVSA. Several companies whose Venezuelan assets
were expropriated by the government of late President Hugo
Chavez are seeking to seize the country's overseas assets, 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 its control was taken over by Venezuela's
political opposition.
The opposition has been seeking to protect Citgo and
other assets from creditors and companies 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 previously declared the bonds valid in 2020, but an appeals
court later ordered further review.
After Failla's ruling, a separate auction for shares in
Citgo's parent company before U.S. District Judge Leonard Stark
in Delaware was suspended briefly to allow the court to review
the impact of the New York judge's decision.
The auction, in which 15 companies and bondholders are
pursuing Citgo's assets, is expected to determine the future of
the seventh largest U.S. oil refiner. Bidders include a
subsidiary of miner Gold Reserve ( GDRZF ) and Amber Energy, an
affiliate of Elliott Investment Management.
Lawyers defending Venezuela had said earlier this week
in Stark's courtroom that they could appeal if the 2020 bonds'
validity was reaffirmed. After Failla's ruling, boards
supervising Citgo set up an urgent meeting with their lawyers to
plan action, a source close to the preparations said.
Sale proceedings before Stark are in their fourth day.
The judge has not yet made key decisions on pending procedural
issues or confirmed the auction's winner.