Bankruptcy judge rules in support of $375 million creditor lawsuit against Morgan Stanley – Morgan Stanley (NYSE:MS)

ByDonald L. Leech

Oct 14, 2022
  • Morgan Stanley MRS creditors can move forward with a lawsuit over dividends paid before grocery chain Tops Friendly Markets filed Chapter 11.
  • Creditors filed the claims in 2020 against Morgan Stanley Investment Management and other former owners of Tops, alleging the private equity owners paid themselves $375 million in dividends while leaving Tops insolvent, unable to service its debts. and his retirement obligations, the Wall Street Journal reported.
  • The lawsuit alleged that the private equity owners paid themselves four separate dividends worth hundreds of millions of dollars despite knowing that the company’s pension plans were grossly underfunded.
  • Bankruptcy judge Robert Drain said the trustee made a plausible argument to support the case over objections from private equity owners.
  • He pointed out how the bankruptcy code allows private equity owners to “loot private companies at the expense of their uninitiated creditors with impunity.”
  • Morgan Stanley argued that if the dividends had made Tops insolvent, it would not have operated for so many years after paying the dividends between 2009 and 2013.
  • “Tops and Morgan Stanley were well aware of the dire state of the United Food and Commercial Workers pension plan and knew it would become insolvent,” the judge said.
  • Price action: MS shares traded down 3.54% to $76.50 pre-market when last checked on Friday.