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May 31, 2007

Portrait’s Asset Sale Bid under More Fire

Filed under: Sale of Assets — admin @ 9:17 am

Portrait Corp. of America Inc. (PCA) has received more criticism in its attempt to sell off its assets to Consumer Programs Inc. for $100 million, with insurers and a group of Texas counties filing objections to the bankrupt photography company’s sale bid, Bankruptcy Law360 reported yesterday. In court documents filed Tuesday in the U.S. Bankruptcy Court for the Southern District of New York, one group of insurance companies, known collectively as the CNA companies, said that they wished to make sure that that the sale will not in any way impair or interfere with their ability to draw upon collateral. The CNA companies, which maintained an insurance program for PCA prior to the company’s bankruptcy filing, said that PCA’s sale motion is silent as to whether the debtors seek to assume and assign the agreements and policies. The companies said that they had no objection to the sale motion as long as no assumption or assignment is contemplated, and said they objected to any assumption or assignment of its agreements and policies “only insofar as the structure of that transaction interferes with CNA’s vested rights in its collateral.”

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