After an involuntary Chapter 7 petition was filed against it in the Northern District of Georgia, AtheroGenics has consented to relief and yesterday filed a Motion to convert to Chapter 11.  From Market Watch –

During the bankruptcy proceedings, AtheroGenics expects to sell the Company and/or its key assets. Proceeds from any transactions will be distributed to the Company’s stakeholders, including its creditors. Prior to the sale process, AtheroGenics cannot forecast the amount of these proceeds or whether the combination of sale proceeds and cash on hand will exceed the Company’s liabilities. Therefore, the Company cannot predict whether or not any proceeds will be distributed to shareholders.

"We believe that the Chapter 11 filing is a necessary step in response to the creditors’ involuntary liquidation petition," said Russell M. Medford, M.D., Ph.D., President and Chief Executive Officer of AtheroGenics. "We remain hopeful that AGI-1067 will ultimately continue to be developed, as we believe that it has real potential to be the first diabetes treatment that could reduce serious cardiovascular events. There remains a significant medical need and commercial opportunity for a drug with this profile."

AtheroGenics has retained the services of Merriman Curhan Ford and Co. to assist with the sale of the Company and/or its key assets during the Chapter 11 proceeding. The Company has also retained King & Spalding LLP to serve as its legal advisor in the bankruptcy proceeding.