RE: dock 1447 - wow !28 Mar 2023 18:26
‘One scenario I raised which, Wolf tried to dismiss is where the BoD look at the proposal of selling RoW and obtaining a figure from an interested party which they can then discuss with the CH11 group and understand if it can be used to settle unsecured creditor, Cineplex and in turn allowing the CH11 group to agree a reduced debt for equity swap. ’
I dismissed it because it cannot be done, nor is there a need for the company to do it. What you need to understand is the company spending goes through a court approved process for post C11 monies. That’s why there are lots of dockets where the court is approving payment of wages, rents, utilities, etc. The company can only spend money on its operating costs.
It cannot sell ROW and use these proceeds to clear the CP claim because a) the claim is not an operating cost b) the claim is pre C11 and c) you cannot pick and chose payments relating to pre c11 claims and therefore prejudice one creditors claim against another.
This is why I said don’t worry about the CP claim because they’ll get cents on the dollar like the other unsecured creditors.
The CP doesn’t even rank that high in terms of preference anyway, plus they have no liens.