After 'doomed' $40 million effort to sell China Fishery, trustee fights for $16 million fee

Opponents to the fee argue Brandt's 'unwillingness to change course ultimately imposed significant unnecessary costs on CFG Peru's estate and its creditors.'

William Brandt, Jr., the former trustee of the China Fishery bankruptcy process, unsuccessfully tried to sell the group for several years.
William Brandt, Jr., the former trustee of the China Fishery bankruptcy process, unsuccessfully tried to sell the group for several years.Photo: DSI/Marquis Who's Who

William Brandt, Jr., the former trustee for China Fishery Group, a subsidiary of Pacific Andes International Holdings, is fighting a group of creditors for fees of over $16 million (€15 million) awarded to him in January for his work overseeing the company's Chapter 11 bankruptcy.

Pacific Andes declared bankruptcy for China Fishery Group in 2016. The former trustee spent nearly $40 million (€32.8 million) in a failed effort to sell off the company before leaving the role in 2021.

The fees awarded Brandt are specifically for his time serving as a guardian between Nov. 10, 2016, through June 24, 2021, according to court documents.

The creditor plan proponents, which filed an appeal against Brandt's award fee in February, include Burlington Loan Management DAC and Monarch Alternative Capital.

After five years in a failing bankruptcy plan under Brandt, in March of 2021 the group of creditors proposed a debt for equity recapitalization and restructuring plan for the fishmeal business, which ultimately saw them taking full ownership of the operations in Peru.

The ad hoc creditor group represents holders of China Fishery Group's senior notes and club loans.

In a filing with the court Feb. 10, the creditors asked the court to establish a process to objectively assess the reasonableness of the hours that the trustee charged in this case.

The creditor plan proponents said "it was clear that the trustee's sale process was doomed to fail."

They say in the filing that three years after the group proposed an alternative restructuring plan, "Brandt billed a total of approximately $5.6 million for 6,512 hours of work, some of which he spent fighting a creditor-backed restructuring process."

"They also assert the trustee's alleged unwillingness to change course ultimately imposed significant unnecessary costs on CFG Peru's estate and its creditors."

On Feb. 17, attorneys for Brandt filed a motion to compel the fee payment, which the appeal has so far prevented from being completed, according to court documents.

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Published 22 February 2023, 00:55Updated 22 February 2023, 14:32
Jessie NgNg FamilyNg Joo SiangPacific AndesChina Fishery Group