Dynegy Inc. (DYN) said it filed a voluntary petition to reorganize under Chapter 11 of the U.S. Bankruptcy Code in the United States Bankruptcy Court for the Southern District of New York, Poughkeepsie Division.
The Chapter 11 case of Dynegy's wholly-owned subsidiary, Dynegy Holdings, LLC is pending in the same court.
Among other things, the settlement, which has already been approved by the court, provides for Dynegy and Dynegy Holdings to merge and for the administrative claim granted to Dynegy in the Dynegy Holdings Chapter 11 case to be transferred out of Dynegy for the benefit of its shareholders. Both of these matters are the subject of a pending motion in Dynegy Holdings' case. Subject to obtaining additional relief from the court in Dynegy's case, the filing will also permit the solicitation of votes on the Companies' joint Chapter 11 plan to commence. It is contemplated that upon completion of the merger, Dynegy Inc. will be the surviving entity. All assets will then be held under a single holding company, thus eliminating a layer from the corporate structure.
Dynegy subsidiaries that own and operate the company's coal-fired and gas-fired businesses were separately financed during 2011 and are therefore not included in today's Chapter 11 filing.
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