Noranda Bauxite customer withdraws Chapter 11 case dismissal request

By Caroline Salls

Pittsburgh, April 4 – Noranda Bauxite Ltd. customer Sherwin Alumina Co., LLC withdrew its motion for dismissal of Noranda Bauxite’s Chapter 11 bankruptcy case, according to a notice filed Saturday with the U.S. Bankruptcy Court for the Eastern District of Missouri.

In the withdrawal notice, Sherwin reserved its rights in connection with the Noranda bankruptcy cases.

As previously reported, Sherwin said Noranda Bauxite relies on two U.S. bank accounts and some cash retainers held by counsel to establish a basis for jurisdiction in the United States, “but NBL has refused to produce any discovery related to these assets, such as when the accounts were opened and whether they were opened only to establish a jurisdictional basis for NBL filing in the United States.”

In addition, Sherwin said Noranda did not file its Chapter 11 case because it needed to restructure its business in the eastern Missouri court, but rather to avoid adjudication concerning its supply agreement with Sherwin by the bankruptcy court in the Southern District of Texas, where Sherwin had already filed its own Chapter 11 case, or in its own home forum of Jamaica.

Lead debtor Noranda Aluminim, Inc. is a Franklin, Tenn.-based producer of primary aluminum and rolled aluminum coils. The Noranda entities filed for bankruptcy on Feb. 8 under the Chapter 11 case number 16-10083.

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