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The First Amended Joint Plan of Liquidation filed by Eddie Bauer and its official committee of unsecured creditors became effective, and the Company emerged from Chapter 11 protection. According to documents filed with the Court, “The Plan contemplates and is predicated upon the substantive consolidation of all the Debtors with respect to the voting and treatment of all Claims and Interest other than General Secured Claims. This means that the Debtors propose to satisfy the claims of all their respective creditors from a common pool comprised of their collective assets. The Plan divides the Claims against and Interests in the Debtors into Classes. Certain Claims – in particular, Administrative Expense Claims, Statutory Fees, Professional Claims and Priority Tax Claims - remain unclassified in accordance with section 1123(a)(1) of the Bankruptcy Code.”
I am deleting this from my favorites. My last post here, but you can still find me around. Move along folks, show's over. Nothing to see here.
Thanks, but I dumped mine around six cents when management publicly stated that the shares would be worthless. I held out hope that eventually the shell would be "right priced" for an RM play, but no such luck. It never got under about $450,000 in market cap, and that doesn't even include the dilution from convertibles.
I prefer cheaper shells.
Gotta give management some credit on being true to their word and showing transparency in a difficult situation. I don't think I would be loaning them any money though. Convertible holders got burned, and should have taken the deal in the early stages.
lol, you're too funny-i never bought this -so how's your 5 million shares of ABWTQ doing? ;)
I told you guys in March. Hopefully you guys followed my suggestions
to get rid of your positions before today. Buy WLKF ($2M worth stock trades at $0.17M market value) to return 1000%~2500% to recover your
huge loss in EBHIQ which is a pos scam and even was traded near $.5M
MV before the halt! WLKF is at the one third of MV of EBHIQ now...
12:12 EBHIQ Eddie Bauer Holdings, Inc. Common Stock 4/8/2010 100 Plan of bankruptcy effective. All shares have been cancelled. **
After the plan is executed, the shares may be cancelled, or the shell can emerge as a "shell play." It would depend on who can pay a lawyer to clarify it with the court, and who goes into court after the creditors have been given the money they are getting from "the plan." Nothing is written in stone until either the court dissolves the company, or other actions stop it from trading. The fact that the company is in Chapter 11, and has not filed a Chapter 7 almost assumes that "the plan" is intended to reorganize, not liquidate the entity. It gets tricky though. Though not specifically declared as "cancelled," they often just dry up and blow away.
I might have to look over the whole plan, but the synopsis was pretty clear that any shell emerging from the Chapter 11 would hold no property assets.
Not sure how this plays out from here? You think the equity will continue to trade?
Thanks. That is better than an outright cancellation. It will take years for the complete liquidation to occur, and the stock might actually trade for some time. After the plan is completed, the noteholders could decide to take charge and accept worthless shares for their worthless debt, leaving a worthless shell company.
The liquidating trust recieves everything until they can liquidate it. Then they pay the other creditors in the plan. It could take time until they finally confirm the entire liquidation and they clearly do not anticipate anything left for the shareholders, and the noteholders probably still have preference for the last penny.
On March 18, 2010, the Bankruptcy Court entered an order (the “Confirmation Order”) confirming the First Amended Joint Plan of Liquidation of EBHI Holdings, Inc., et. al. under Chapter 11 of the Bankruptcy Code, dated January 26, 2010 (including all exhibits thereto, and as modified by the Confirmation Order, the “Plan”). The Debtors also filed with the Bankruptcy Court a Disclosure Statement in support of the Plan (the “Disclosure Statement”). The descriptions of the Confirmation Order and the Plan contained herein do not purport to be complete and are qualified in their entirety by reference to the Confirmation Order. A copy of the Confirmation Order, which includes a copy of the Plan, as confirmed, is attached hereto as Exhibit 99.1 and is incorporated herein by reference. Copies of the Confirmation Order, the Plan, the Disclosure Statement, and other pleadings and documents filed with the Bankruptcy Court by the Debtors and other parties are also publicly available on the website of the claims agent, Kurtzman Carson Consultants, LLC, at http://www.kccllc.net/eddiebauer.
The Plan contemplates a full liquidation of the Debtors’ assets. Under the Plan, the proceeds of the liquidation, subject to certain exceptions, will be distributed to the holders of Allowed Other Priority Claims (as defined in the Plan) and Allowed General Secured Claims (as defined in the Plan). The holders of the Term Lender Secured Claim (as defined in the Plan) will receive periodic distributions from the Liquidating Trust (as defined in the Plan) pursuant to the terms of the Committee Settlement Stipulation (as defined in the Plan). The holders of Allowed General Unsecured Claims will receive pro rata shares of the remaining Available Cash (as defined in the Plan), if any. The Plan also governs the payment of Allowed Administrative Expense Claims, Allowed Professional Claims and Allowed Priority Tax Claims (each as defined in the Plan). The holders of Noteholder Securities Claims, Intercompany Claims, Interests (including all holders of equity interests in the Debtors) and Interests Securities Claims (each as defined in the Plan) will not receive any property under the Plan.
Today's press is a very bad news! EBHIQ bankruptcy plan is confirmed
by the court today which means all the common shares may be canceled
very soon. I saw too many bankrupt shares cancellation recently. May
EBHIQ be the exception? I do not think so. So I will get rid of all!
Thanks. I missed that low point. They still haven't filed a February monthly with the SEC. I am sure the court already has it. Whoever was doing the paperwork must have got tired of it. Now the remaining investors are growing weary.
New 52-week low 0.012 was created today! Sell the CH11 pos scam ASAP
before the company cancels all the common shares. Buy WLKF and CBBO
at the current steal price to gain 1000%~2000% to make up your huge loss here. FPWBQ canceled all the shares last week. EBHIQ is next...
Monthly is due out. 2 13G's were filed. I wonder if they got tired of filing monthlies, and were the ones who sold, the ones who said they were going to manage the BK?
You might want to look closely at the convertibles. If I remember right, they have been allocated to one of the positive equity subsidiaries. They will likely come out with an equity share, not a repayment. The Judge basically declared that in the first month, but might reverse that decision depending on any proposals.
That would be a Chapter 7 liquidation. In Chapter 11, a company can reorganize and restructure, but most of the restructuring deals are handled by kleptocrats and lawyers, and shareholders are usually just an afterthought. It sometimes appeases the judge when new shares are issued to pay the remaining creditors. It really depends on the court.
I am no BK lawyer but I am fairly sure if any of the subs were bought out the money would go in the pot for the creditors and then if anything left over would go to equity. Thats why I kind of have my doubts. Don't want to get you down about it, but you know . . .
Looks like I hit the "stupid" button, and posted twice. So I will just use the edit button. As downside mentioned, the chances are even slimmer knowing that the country has become a "kleptocracy" and as you noted, no equity commitee was formed.
The chumps running the mutual funds have no interest in BK courts. If their stock dies, they just sell it and buy a different one if they can bail out quick enough. Otherwise they just sit on the position until hell freezes over, and appear to take no action to correct the abuses.
I will not even consider investing in a mutual fund until I find one with a proactive approach to these special situations.
It's a crap shoot, any way you look at it, but that makes it a tradable play as long as there is a slim hope.
Thanks for that perspective.
It depends on how the court handles the sub with the big debt.
There are two subsidiaries with positive equity, which can be spun out or sold. There was an investment company which jumped in a few months ago to represent the shareholders, or at least work on wrapping things up alledgedly in the name of equity. If the court handles the subs as seperate entities, there is a chance of live shares being distributed for the live subs.
Was there an Equity Committee ever appointed ? Seems to me they are pretty far out of the money at least by looking at the last MOR, on the order of $500M or so. Probably no chance commons will survive, even bondholders will take a big loss. Anyone here agree ?
I know we are both deeply shocked... that they LIED about any of it?
Par for the course in the kleptocracy we have become, I'd say.
Did you see the filings? Two of the remaining subs show equity value.
Yesterday 48,000 shares sold at 0.025 and the first round bounce it
even hit 0.0265 from as low as 0.015. I bet 0.03 will be hit soon...
I am glad to have purchased near 1M cheap shares at 0.015 ~ 0.02 and
ready to sell at 0.03 to make huge profit soon. Buy at the ask ASAP!
New 52-week low 0.015 was created today! Sell the CH11 trash at bid
ASAP before it hits another new low 0.007! Shares cancellation soon.
New 52-week low 0.026 was created today! Sell the CH11 trash at bid
ASAP before it is too late! All the shares will be canceled soon...
New 52-week low 0.03 was created today! Sell the CH11 trash at bid
ASAP before it is too late! All the shares will be soon canceled...
Seems the bottom 0.045 will be broken very soon. Who are selling the
shares below 0.065? Anyway I am holding near 3M cheap shares (0.05x)
and ready to sell at 0.07 ~ 0.135 to make huge profits soon...
"she says that don't confront me as long as i get my rent money by next friday"
"Now next Friday come I didn't get the rent, And out the door I went"
~lonesome George
Then again, if you could prove they transferred the trademarks just before or during the BK, you might have a legal case.
You would need a good lawyer, and agreeable shareholders.
You have one who may fall within the "class period" if it goes class action.
You don't have to hold the shares if you owned them within the class period.
As far as I can tell, the majority owners, brokers and mutual funds; don't get involved in shareholder actions. They just buy and sell, and throw in the towel when the going gets rough.
Then they call it "Market leadership" It's a lot like Wall Streets version of "Hope and Change" More pragmatic individuals might call it "lipservice"
That was just short covering. It's toast.
I will be surprised if it holds zero zero four five.
At least the court didn't dilute it. It could become a good shell play. BK will clean up the debt, and some promoter volunteered to pick up the pieces and make press releases. If the promoter has enough money, you might see a secondary (or a private) with a new name right after they close the Chap 11.
Who knows? He might figure out how to run a dog and pony show, and it will be off to the races.
"Eddie Bauer" would be a great name for a stock in such a show. Too bad they don't own it ,IMO. The "New improved Eddie Bauer" with super duper whitening power owns the name, according to their web site,
I do not think anyone including the very sick MMs can break down
the bottom price 0.045 because it ever rally to 0.135 from 0.045!
It will break down. The CEO said he expected the shares to be worthless as he jumped the ship to work for "the new improved Eddie Bauer" with more bathroom cleaning power than ever.
(available with a fresh scent)
Will the pos scam test the bottom 0.045 or even breaking it down? I
do think so. Otherwise why it dropped to 0.058 after rally to 0.135
from 0.045? It could be the very sick MM's manipulation. Hold mine!
Will the pos scam hit the bottom 0.045 again? I think so. Otherwise
why someone dumped the huge amount of shares at 0.058 ~ 0.06. Sell!
Why the price dropped to .058 on Monday? Any bad news will kick in?
Google Asks Court to Vacate Eddie Bauer Sale Order
Posted by Randall Reese on Wednesday, October 21, 2009
Google Affiliate Network Inc. filed a motion in the bankruptcy case of EBHI Holdings, Inc. (formerly known as Eddie Bauer Holdings, Inc.) asking the court to partially vacate the order approving the sale of substantially all of Eddie Bauer's assets. Eddie Bauer filed for bankruptcy protection on June 17, 2009 and the court entered the order approving the sale on July 23, 2009.
As is commonplace in large bankruptcy asset sales, prior to approving the sale of Eddie Bauer's assets, the bankruptcy court entered a separate order on June 30th setting forth procedures that Eddie Bauer and other parties were required to follow with respect to the proposed sale. Among other things, the procedures order required Eddie Bauer to serve a notice upon each counterparty to a contract that was to be assumed by Eddie Bauer and assigned to the prospective purchaser of the assets. That notice provided the counterparty with the amount of pre-petition (or pre-bankruptcy) monetary obligations outstanding under the contract to be assumed which would be paid as a cure obligation by Eddie Bauer or the purchaser.
Google (and/or its predecessor entities) was party to a performance marketing agreement dated September 1, 2001 with Eddie Bauer and Eddie Bauer sought to assume and assign that agreement to the purchaser. As such, Eddie Bauer did serve Google with a cure notice, but Google now asserts that such notice was sent to a lockbox used solely for receiving payments and was not actually received by anyone at Google. Despite, according to Google, on-going discussions relating to Google's performance under the agreement occurring at the same time, Eddie Bauer did not provide any other notice to Google. Moreover, Google asserts that the notice understated Eddie Bauer's pre-petition obligations by over $125,000.
Google asserts that it has attempted to resolve this consensually with Eddie Bauer and the purchaser without success. As such, it is now seeking court intervention.
http://www.netdocketsblog.com/2009/10/google-asks-court-to-vacate-eddie-bauer.html
Here we go again. Another news item about the stores, which is no longer affiliated with EBHIQ. The stores were sold.
A little profit taking today, but not much of a pullback. Tomorrow should hold 12/12.5 at least, IMHO
by x-mas ?
With any volume, this will (can) make a decent run..
With any volume, this will (can) make a decent run..
Accordig to http://investors.eddiebauer.com
2009 Eddie Bauer, Inc. All rights reserved. eddiebauer.com ® is a registered trademark of Eddie Bauer, Inc.
Whomever attached the EBHIQ to the report is not very bright, IMO. I also wouldn't want to be in charge of Eddie Bauer, Inc. if this spit hits the flan. Almost every press release the "private company" puts out will effectively "manipulate" the price of EBHIQ unless they clarify the relationship in detail, IMO.
I have heard that publishing misleading reports on a publicly traded stock is a Federal crime. I wonder if anybody did that?
Most likely, it is just a clerical error; though seemingly deceptive. Somebody should print a retraction if it has nothing to do with EBHIQ.
That is a big problem with dog and pony economics. You just can't get good dogs and ponies these days. I sold this stock after the other confusing press release. I expect major legal actions to follow, and am waiting for the ambulance chasers.
"Gentlemen, start your engines" I have experienced financial injury.
At the bottom of the "investor advisory" page it states that the page is being run by "Eddie Bauer, Inc." The subsidiary they sold in Chapter 11. It appears that Eddie Bauer. Inc. is claiming the rights to the label. Contact the administrator of Eddie Bauer Holdings, Inc. or a qualified attorney to determine the legality of the claim and/or the potential of your investment. Contact the newswire service to determine if the person who attached (EBHIQ) to the item has his head up his wazzoo.
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Eddie Bauer Holdings, Inc. (Eddie Bauer) is a specialty retailer that sells casual sportswear and accessories for the modern outdoor lifestyle. The Company’s primary target customers are women and men who are 30-54 years old. The Company sells its products through three interdependent sales channels that share product sourcing, design and marketing resources: retail, which sells its Eddie Bauer merchandise; outlet stores, which sells Eddie Bauer merchandise and inventory overstocks at value or clearance price points and direct, which consists of its Eddie Bauer catalogs and Website www.eddiebauer.com. As of December 29, 2007, the Company operated 391 stores, consisting of 271 retail stores and 120 outlet stores in the United States and Canada. During the fiscal year ended December 29, 2007, (fiscal 2007) the Company had 38.1 million visits to its two websites, www.eddiebauer.com and www.eddiebaueroutlet.com and circulation of approximately 82.4 million catalogs.
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