Some *people* need to understand the term Prearran
Post# of 43066
(Total Views: 171)
Posted On: 01/28/2017 11:38:37 AM
Some *people* need to understand the term Prearranged Bankruptcy. It is where the Debtor has a prearranged POR/DS that settles all claims by Creditors. All assets have been valued and either transferred or sold to the actual creditors.
And as long as that is prearranged and the Debtor (which is Heddle of course) approves there is not a snowball's chance in hell the Trustee does not sign off.
Of course there is zero left for common shareholders and Heddle gets to keep the company public. And he can also restructure the Newco stock in any fashion he likes.
But under US Bankruptcy law a company is not obligated to auction off its assets to the highest bidder if it can prearranged for its creditors to be made whole.
Basically it is Heddle negotiating with Heddle.
The entity with the most legal path through bankruptcy to steal this company for pennies on the dollar is it's CEO.
He already *won* that outcome the minute he became CEO and it's nearly sole majority creditor.
And as long as that is prearranged and the Debtor (which is Heddle of course) approves there is not a snowball's chance in hell the Trustee does not sign off.
Of course there is zero left for common shareholders and Heddle gets to keep the company public. And he can also restructure the Newco stock in any fashion he likes.
But under US Bankruptcy law a company is not obligated to auction off its assets to the highest bidder if it can prearranged for its creditors to be made whole.
Basically it is Heddle negotiating with Heddle.
The entity with the most legal path through bankruptcy to steal this company for pennies on the dollar is it's CEO.
He already *won* that outcome the minute he became CEO and it's nearly sole majority creditor.
Quote:
so the thinking is that RH will what exactly?
if he files for BK .. i could be wrong (not my area of expertise) but i am under
the impression that *assets* would have to be bid on publicly .. and since i
have no doubts certain *aromatics* have always wanted P2O's tech for
pennies on the $ .. RH would have to actually *win* that outcome
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