Red River moves forward in bankruptcy court

FORT WAYNE, Ind. (WANE) – Red River Waste Solutions’ bankruptcy proceedings advanced Thursday in Texas federal court. WANE 15 has obtained court documents for the hearing and they show that an emergency motion regarding Red River’s contract with Fort Wayne is “resolved”.

We asked Fort Wayne City spokesman John Perlich and Red River attorneys exactly what “resolved” means. Red River’s attorneys did not respond to our email at 11:30 p.m. Tuesday.

Perlich said today’s hearing was a status conference, but he didn’t elaborate on exactly what the results mean for the city’s contract with Red River.

“The City’s legal team is encouraged by the progress made and the dialogue in the bankruptcy process. There will be an update for the public/media/City Council on Tuesday evening at the next City Council meeting,” Perlich said in an emailed statement.

WANE 15 has also reached out to Republican Councilman Russ Jehl if he knows what Thursday’s court update means for the Red River contract. He said he was unaware of it until WANE showed it to him, saying the city kept the council in the dark.

Jehl will hold a press conference on Friday where he told WANE 1t he plans to call on the city to cite “at the public level.” He said he will also outline the steps he thinks the city should take now to prepare for a possible transition to another company if the Red River contract fails.

WANE 15 also showed the court documents to corporate lawyer Apexa Patel to better understand what ‘resolved’ could mean.

The hearing to ask a judge to make Red River choose whether to accept or reject its contract with Fort Wayne was originally requested by the surety, Argonaut Insurance Company. The surety is responsible for posting the surety bond provided for in the contract at the beginning of the year. There is no indication that the deposit payment has been made for 2022.

Patel said that because Thursday’s court documents said it was “resolved by the parties,” it could mean that Red River and Argonaut reached an agreement on their own. Or, because Argonaut has “passed” the hearing set by the court and there is no other pending motion, it is assumed to be “resolved”.

Either way, it’s still unclear how the development will affect Fort Wayne’s contract going forward, but Red River continues and hasn’t stopped collecting trash.

Again, Fort Wayne City prosecutors will give an update on the status of the Red River Waste Contract to City Council on Tuesday, which is open to the public. WANE 15 will also be there to ensure full coverage.

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