radarlove
Well-known member
- Joined
- Mar 21, 2005
- Posts
- 677
This might be the hubris that ends up unwinding the whole deal. It does, in fact, sound like a reorganization in sheep's clothing.
In a bankruptcy, you can't screw creditors over unequally, if you're going to screw them over, they have to get an equal screwing. Matilin, by limiting the bondholders to 2% of the new company, gives labor more (5%) than the secured creditors, all without a vote.
Although, does anyone think that the gates are really worth more than $20 million? $5 million a gate might be on the high end and I bet an auction process would end up with the same results. But then, how could anyone tell without an auction? By the same token, once you start auctioning stuff, you're back into the reorganization plan and treading pretty close to conversion to a Ch. 7 process.
This is going to be interesting. I bet Matlin gets their pee-pee slapped in court.
In a bankruptcy, you can't screw creditors over unequally, if you're going to screw them over, they have to get an equal screwing. Matilin, by limiting the bondholders to 2% of the new company, gives labor more (5%) than the secured creditors, all without a vote.
Although, does anyone think that the gates are really worth more than $20 million? $5 million a gate might be on the high end and I bet an auction process would end up with the same results. But then, how could anyone tell without an auction? By the same token, once you start auctioning stuff, you're back into the reorganization plan and treading pretty close to conversion to a Ch. 7 process.
This is going to be interesting. I bet Matlin gets their pee-pee slapped in court.