RE: Extract from Howard, Warner and Beatty: Restructuring Law and Practice 3rd ed 2022 March16 Sep 2022 16:29
This is the point Jeff - the whole C11 process has the objective of passing through the D4E. The wipeout isn’t mearly a suggestion by the company but what quite often happens in these C11/admin type situations, the inevitability of a company running out of cash.
The court has the objective of making sure the process is fair on all stakeholders - employees, creditors, customers etc. It doesn’t change the objective of the process though. It has the approval to grant the requests of funds, signing of contracts, etc, but it is up to the company and the creditors to come up with a satisfactory arrangement on which the judge will then sign off once they are happy that all creditors have been heard.