Chinese property developer Sunac applies for Chapter 15 protection in US after creditors give go-ahead to restructuring plan

Sunac is following in the footsteps of Evergrande, which sought Chapter 15 protection last month

Creditors holding 98.3 per cent of Sunac’s outstanding bonds have approved a restructuring plan proposed in late March, according to a filing made in Hong Kong

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Published: 8:30pm, 19 Sep 2023

Property developer Sunac China Holdings has sought recognition for its restructuring and protection under Chapter 15 in the United States, a court statement showed on Tuesday, as part of its latest effort to restructure its offshore debt after receiving the approval of its creditors.

Chapter 15 of the US bankruptcy code shields non-US companies that are undergoing restructurings from creditors that hope to sue them or tie up assets in the US. Sunac has defaulted on both onshore and offshore debt.

Sunac’s application for the protection comes after it said in a separate filing to the Hong Kong stock exchange late on Monday that creditors holding 98.3 per cent of the total value of its outstanding bonds had approved a restructuring plan proposed in late March.

The developer, which did not comment when approached by the Post, has scheduled a court hearing in Hong Kong for October 5 to affirm the results of its restructuring plan.

Sunac is following in the footsteps of China Evergrande Group, the country’s and world’s most-indebted developer, which also sought Chapter 15 protection last month. Evergrande said it was a “normal procedure” during the restructuring of debt since its dollar bonds are governed by New York law.

According to Sunac’s debt restructuring proposal, a portion of its debt will be swapped into bonds that are convertible into its shares and new notes with maturities ranging from two to nine years.