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Intercity passenger rail : potential financial issues in the event that Amtrak undergoes liquidation

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  • Abstract:
    If Amtrak had been liquidated on December 31, 2001, secured creditors

    and unsecured creditors—including the federal government and Amtrak

    employees—and stockholders would have had about $44 billion in

    potential claims against and ownership interests in Amtrak’s estate. (See

    fig. 1.) The federal government would have been by far the largest

    claimant, accounting for about 80 percent of the value of all creditor

    claims and ownership interests. It would have had about $14.2 billion in

    secured claims against real property, primarily property making up the

    Northeast Corridor, and about $4.4 billion in claims against equipment. It

    also would have had an ownership interest totaling about $17.1 billion in

    Amtrak preferred stock and cumulative unpaid dividends. Of the $4.4

    billion in unsecured creditor claims, the largest category would have been

    Amtrak’s employees, with potential claims of about $3.2 billion for

    payments that Amtrak would owe to terminated employees. (These

    payments, stemming from collective bargaining agreements, are called

    “labor protection payments.”) It is unlikely that secured and unsecured

    creditors’ claims would have been fully satisfied, because—other than the

    Northeast Corridor—Amtrak’s assets available to satisfy these claims and

    interests (such as equipment and materials and supplies) are old, have

    little value, or appear unlikely to have a value equal to the claims against

    them. The market value of Amtrak’s most valuable asset (the Northeast

    Corridor) has not been tested. While the corridor has substantial value, it

    is subject to easements and has billions of dollars of deferred

    maintenance. Furthermore, it is not likely that the stockholders would

    have received any payment for their ownership interest.

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