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Published on 11/18/2011 in the Prospect News Distressed Debt Daily.

Omega Navigation seeks to stop Nordbank from threatening directors

By Lisa Kerner

Charlotte, N.C., Nov. 18 - Omega Navigation Enterprises, Inc. filed for a temporary restraining order, preliminary injunction and permanent injunction against HSH Nordbank AG, as senior facilities agent for certain lenders, according to a Thursday filing with the U.S. Bankruptcy Court for the Southern District of Texas.

The company is asking that an emergency meeting be held on Nov. 21 and for the court to issue a temporary restraining order that restrains HSH Nordbank from taking any further actions in or affecting the breach of fiduciary duty causes of action, if any; and threatening to file causes of action, or filing causes of action, against any director during the pendency of the debtors' Chapter 11 cases, the filing said.

Omega alleges that HSH Nordbank sent letters to Omega's board of directors seeking to intimidate the directors into causing the debtors to drop their opposition to the motions to dismiss, the filing said.

As previously reported, Omega's official committee of unsecured creditors supports the company's first-lien lenders, which filed motions to convert Omega's bankruptcy case to Chapter 7 and for relief from the automatic stay to foreclose on Omega's business assets. A trial is set for Nov. 28.

Omega Navigation, an Athens-based provider of marine transportation services, filed for bankruptcy on July 8. The Chapter 11 case number is 11-35926.


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