Claims against Qimonda total more than $2.5 billion
LINDY KEAST RODMAN/TIMES-DISPATCH, 2006
Qimonda owes the county for lost payments on real estate taxes, personal property taxes, and water and sewer service, according to court documents.
Published: August 25, 2009
Updated: August 25, 2009
The bankrupt Qimonda memory-chip manufacturing plant in eastern Henrico County owes the county $4.46 million, according to court records.
The city of Richmond is due $1.7 million, the bankruptcy court records show.
And Virginia Commonwealth University has filed a claim, saying Qimonda owes $1.37 million to its School of Engineering Foundation.
The two localities and VCU have claim amounts high enough to put them among the list of Qimonda's top 35 creditors.
More than $2.5 billion in claims have been filed against Qimonda Richmond LLC, the operator of the semiconductor plant that filed for bankruptcy in February.
At the top of the list is the semiconductor's parent company, Qimonda AG, which filed two claims totaling more than $1.7 billion for loans and outstanding contracts.
The Bank of Utah comes next, claiming nearly $254 million owed to the financial institution on behalf of bondholders.
Not far down on the list, though, come the hits felt in the Richmond region.
Henrico and Richmond, VCU and other employers have filed claims against Qimonda in U.S. Bankruptcy Court in Delaware in hopes of recouping some costs.
Qimonda owes the county for lost payments on real estate taxes, personal property taxes, and water and sewer service, according to court documents.
It's one of the largest claims filed this year in bankruptcy court by the county, which also has filed claims against Circuit City Stores Inc., S&K Famous Brands and LandAmerica Financial Group Inc., said Rhysa South, assistant county attorney.
"I consider the amount significant," South said.
Qimonda had been the county's single largest taxpayer. Henrico's operating budget is nearly $1.06 billion.
What's worrisome are the jobs lost and the ripple effect spreading through the region, county Finance Director John A. Vithoulkas said.
For every lost job, that means one less person who might shop locally or own a house, car or boat, all of which affects local tax revenue.
"The jobs overshadow the overall revenue loss in taxes," Vithoulkas said. "That's where the important number is, and that's where our concern has been all along."
Richmond's Department of Public Utilities filed a claim of $1.7 million, but the city didn't provide further details.
VCU's School of Engineering Foundation has a claim of $1.37 million for the unpaid balance on a fundraising campaign pledge.
Henrico and Richmond may fare better than some of Qimonda's other creditors because the majority of their claims are considered secured. Secured creditors typically are among the first to get paid when the estate is settled.
"The secured creditors [usually] get paid out in full," said Nathan B. Oman, an assistant law professor at the College of William and Mary. "It often means unsecured [claimants] don't get anything."
Or unsecured creditors may get pennies on the dollar of what they are owed, bankruptcy experts say.
The deadline to file claims was Thursday. More than 1,100 claims have been filed, including those from many local contractors and local companies.
Craftcorps, an Austin, Texas-based contract labor supplier that opened an office in Sandston to work specifically with Qimonda, is owed nearly $733,000.
The company set aside money and still is operating, but the economic slowdown has given the company a double whammy.
"We're not only fighting the Qimonda thing, we're fighting the recession, too," said Mark Mullen, a local field-operations manager at Craftcorps.
"I don't think we'll get all of it back," Mullen said of the company's claim against Qimonda. "I think we'll get some of it."
John Loftis feels the same way. His firm, Industrial Turnaround Corp. in Chester, is owed $38,355 by Qimonda.
Alone, the money won't cause significant damage to his company's operations, but the claim represents a trend. Of Industrial Turnaround's 20 or so clients, three are in bankruptcy and a half-dozen more are paying late.
"We've had a number of clients that have not been able to pay with the current economic downturn," said Loftis, the company's president.
Every payment counts. What Qimonda owes, he said, is "no longer a small amount."
Contact Emily C. Dooley at (804) 649-6016 or
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Reader Reactions
“VCU’s School of Engineering Foundation has a claim of $1.37 million for the unpaid balance on a fundraising campaign pledge.“
This “pledge” would be the last thing I would pay if I were quimonda. VCU might as well move on and look for other pledges from non bankrupt companies.
Yeah, the 1.7 billion claim from QAG is absolute garbage…but they had a signed contract with QNA. QNA was dumb enough to ink the deal.
Dominion was put on special payment terms at the end of last year, otherwise they’d have been stiffed for 2.2 mill. The county of Henrico didn’t get paid for the January (or was it February?) water and sewer bill. And the city of Richmond got stiffed for the gas bill.
The worst part was upper management new it was coming and continued to rack up the big bills. I have a copy of an email dated Feb 12th with references to “our bankruptcy consultant…“. What about the retention money that QNA upper management got in the 90 days prior to the declaration of bankruptcy? See the original filings on the docket. It’s contained in paragraph, buried deep in the document. How much was that a part of M. Martinez 1.3 mill compensation in the year prior to bankruptcy??? A great illustration of the Peter Principle.
I think the writing was really on the wall when Ziebart decided to IPO the company and give the proceeds to Infineon. It was lackluster, but 500 million poured back into Qimonda could have moved us to bWL sooner rather than being cheap about R&D and trying to squeeze blood from the trench turnip.
The Qimonda AG claim is insane. Qimonda AG is the reason why the plant closed in the first place. They stole 1.7 billion or more over a twelve month period before we shut down so how can they sue for something they already have. All the monies that the Sandston plant made over a 12-18 period went to Q AG not to mention they charged our plant for equipment that they recieved. The Commonwealth is being ‘Punked’.
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