
Joel R. Glucksman
Partner
201-896-7095 jglucksman@sh-law.comFirm Insights
Author: Joel R. Glucksman
Date: July 7, 2015

Partner
201-896-7095 jglucksman@sh-law.comMidway Gold Corp. suspended operations last week after failing to pay off a $63.5 million debt to the Commonwealth Bank of Australia and a $10.5 million subordinate debt to Hale Capital Partners.
The company incorporated in 1996 and shifted operations into gold mining in March 2014. Midway claimed $82.9 million in assets according to recent court documents, but has yet to produce necessary revenues, as expected production fell well short of projections.
By the end of March, construction costs exceeded $84 million. These costs, combined with the uncertainties of the company’s timeline for production, sent Midway into staggering debt. There were also investor concerns about fluctuations in gold prices, finding supplementary financing, drilling results, accuracy of gold resources and reserve estimates, rising legal fees, and exorbitant operating costs that led to the bankruptcy decision.
Compounding the company’s financial problems is the fact that Midway is incorporated in Canada, and will seek bankruptcy protection there as well.
In accordance with the company’s filing, the debtor’s proposed restructuring plan calls for Midway to sell off non-core assets and equity ownership stakes. Midway’s goal is to obtain an influx of cash flow in order to buy the time and resources needed to resume operations at the mine.
The company also stated that it will remain as a “debtor in possession” as negotiations continue. However, with the company only at the beginning of bankruptcy proceedings, there is the possibility of a quick sale, debt refinancing or the formation of a strategic partnership. These negotiations are centered around the terms of the expired waiver with its senior bondholders.
Midway executives feel that the company can maximize the value of Pan Mine, which was expected to produce at costs lower than industry average. In fact, Pan Mine was originally projected to turn a profit for Midway and its lenders, even in a saturated gold market. Therefore, the company noted that there is hope for future growth and profitability in the near future.
Furthermore, with the outlook for the Chapter 11 yet to be defined, Midway and its senior lenders intend to reach a deal that will enable the company to restart operations during the pendency of the bankruptcy case. Many of these issues will be the subject of “First Day” motions, to be made shortly into the bankruptcy.
Are you a creditor in a bankruptcy? Have you been sued by a bankrupt? If you have any questions about your rights, please contact me, Joel Glucksman, at 201-806-3364.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Crypto investor protection continues to evolve, with the SEC and CFTC investing resources and coordinating more closely to uphold regulatory standards. Whether you’re a retail investor, an institutional trader, or part of a crypto startup, understanding enforcement trends is essential for navigating this dynamic and high-stakes regulatory environment. Crypto Is No Longer the Wild West […]
Author: Dan Brecher

A Settled Regulatory Environment Enables Confident Capital Planning New Jersey’s new manufacturing incentive program, Next New Jersey Manufacturing Program, enters 2026 with something uncommon in economic development these days: policy stability. The statute is enacted, New Jersey Economic Development Authority’s (“NJEDA”) rules are adopted, and the application portal is open. With the election outcome settled, […]
Author: Michael J. Sheppeard

When done successfully, industry roll-up acquisitions can dramatically grow and strengthen your business. In this post, we break down what an industry roll-up is, why companies pursue it, and what makes it an effective (and sometimes risky) business strategy. What Is an Industry Roll-Up Acquisition? In an industry roll-up acquisition of companies, a buyer acquires multiple companies […]
Author: Dan Brecher

The federal government has launched one of the most ambitious scientific initiatives in decades, and it will redefine how companies develop technology, manage risk, and compete. The Genesis Mission, created by Executive Order and driven by the Department of Energy (“DOE”), is intended to accelerate scientific discovery through a national AI platform that links supercomputers, […]
Author: Michael J. Sheppeard

Stablecoins Leave the Grey Zone Stablecoins were supposed to be the “boring” part of crypto: digital dollars that just work. Yet for years they have lived in a regulatory no-man’s-land, classified one day as securities, the next as commodities, and sometimes as something regulators had not even named yet. That uncertainty is finally starting to […]
Author: Bryce S. Robins

If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!