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The request for extending the Exclusive Periods is not a negotiation tactic, but rather reflects that these cases are not yet sufficiently mature for the formulation, filing, and prosecution of a feasible and,
hopefully, consensual chapter 11 plan.
C. The Debtors have Demonstrated Reasonable Prospects for Filing a Viable Plan.
30. The first phase of these chapter 11 cases have centered on stabilizing the Debtors’ businesses and pursuing the sale process. The Debtors have commenced formulation of a chapter 11 plan and are evaluating the contours of a potential plan including the Debtors’ significant tax attributes. The Debtors are currently highly focused on the sale process, following which the Debtors will engage in discussions with their stakeholders on the terms of a chapter 11 plan. The Debtors are prepared to quickly proceed with the plan negotiation, solicitation and confirmation process. Given the Debtors’ track record to date in these cases and the achievements summarized above, the Debtors have demonstrated reasonable prospects for filing a viable chapter 11 plan.
The Debtors are at a critical juncture in these cases. Specifically, the
Debtors are in the midst of securing Court approval of a going concern sale of the Company. If the Exclusive Periods are not extended and control of the administration of the Debtors’ estates is improperly wrested away now, it could ruin the Debtors’ prospects of confirming a chapter 11 plan. Such an outcome is contrary to the fundamental objectives of chapter 11 and should not be permitted. Even if the going concern sale is not achieved, the Debtors simply have had insufficient time to negotiate a chapter 11 plan with their constituents. To say that the workload has been enormous is truly an understatement. As the professional fee statements attest, these efforts have been all-consuming. Termination of the Exclusive Periods at this critical juncture in these chapter 11 cases would defeat the very purpose of section 1121 of the Bankruptcy Code— to afford the debtor a meaningful opportunity to propose a confirmable chapter 11 plan based on
adequate information that maximizes value and that is fair and equitable to all of the Debtors’ economic stakeholders. Accordingly, for the reasons set forth herein, the Debtors’ request for an extension of the Exclusive Periods should be granted.
Yeh I don’t think that Judge Drain will allow it. It’s not like they didn’t have enough time to file before 26 January. It’s just that they expected liquidation to go ahead rather than a rescue plan for the majority of the company and its employees
Thanks...the debtors will appear in court at 10 am to see judge drain...Monday feb.4,2019 big day!!!!!...jmo
from docket #2312:
___________________________________________________________________
Sears Holdings Corporation and its debtor affiliates, as debtors and debtors in possession in the above-captioned chapter 11 cases (collectively, the “Debtors” and, together with their non-debtor affiliates, “Sears” or the “Company”), file this motion (the “Motion”) for
entry of an order extending the periods during which the Debtors have the exclusive right to file a chapter 11 plan (the “Exclusive Filing Period”) and to solicit acceptances thereof (the “Exclusive Solicitation Period,” and together with the Exclusive Filing Period, the “Exclusive Periods”) by four (4) months through and including June 12, 2019 and August 13, 2019, respectively.
____________________________________________________________________
had posted earlier i thought they had missed the deadline for filing for such an extension.
at any rate, if this get approved, doesn't appear there will be a por for some time.
Yeah that this one done
YOU TOO BRO THANKS
exactly Linda see you at 30 bucks in mid year.
GL
thanks I read the lengthy article agreement was done and agreed by the Judge lets get this approved. NO FEAR all good we going to get a lot of shorts twisting the facts as usual we should just shun them and ignore what they say.
Enough with the dates means nothing for the stock you see on fox and CNBC they talk about sears but nothing about $SHLDQ ;)
EXACTLY - and on PG 77 of Docket # 2339,
it states that as of Feb 3, 2018 the NOL was $ 5 B.
This does not include additional NOLs for the rest
of 2018.
PGS 77 - 86 of 157 of Docket # 2339 outlines the
various ways that NOLs can be preserved in either
a 363 Sale or a Reorganization.
It is very possible - per PG 86 - that if significant
- or all of - Tax Attributes/NOLs remain with
Sears Holdings after the 363 Sale, Sears/Debtors
could retain one or more of its businesses and emerge
from bankruptcy as a reorganized Company for
future utilization of the Tax Attributes.
Feel free to read all of doc 2332 in here:
https://restructuring.primeclerk.com/sears/Home-DocketInfo
any news/updates/leaks from the courtroom?
Real excitement here with the BIGGEST news in companies history Monday lololol that shows you this ones 0000000
He has his account held hostage so he doesn't need the phone number!!
WAIT WAIT WAIT!! Doesn't anyone care what I've done?
Heck no you don't! So why should we care what you do?
Just shut up and do what you're going to do. You don't need to tell the world what you're doing.
NOBODY CARES!
SP
Make sure your broker has the correct phone number for the margin call
It might pop a little but there is no long term here it’s getting delisted and I’m KEEPING MY SHORT LOAN it’s that simple!!!
Yes that’s right i did have a short position there to unfortunately sold it if I would of held it I would of bought sears myself to sell the real estate!
At 0.7. Do not want to miss out if there is a big gap up. I am first in line.
It tells us you bought when it was $100 plus, we get it. I would be upset as well. WHUA WHUA WHUA
...
Wow at what price ?
not before he sells at .57 some strategy ;)
Placed order for Monday. Adding 12000 shares on my way to $$$$$$land
I’m hoping this gets delisted that should tell you everything!
we shall see did you buy or your on the sideline?
He did he said lol and will rebuy in the .40s smart man but it’s going lower then that!
why don't you sell if you so concerned?
Don’t you love it when SEARS shorts hit that ASK???? LMFAO
Congratulations everyone! Looking forward to Monday! Have a great weekend!
Right on longs here will lose everything!
ok so I am not crazy.. why would they even want liquidation.. tax losses? even with the sale they still write off the difference.. with money in hand. possibly with shares
I started to read it until about PG 22 - when I had
to leave the free wifi to do some shopping.
I can’t seem to download it again - maybe due to
overload - to finish reading it.
On about PG 22, Section 50, it stated that under
a Liquidation Plan the Unsecured Creditors receive
no recovery, and under ESL’s Plan the Unsecured
Creditors receive 1 % recovery.
I am presuming that the 1 % means before any
issuance of Holdco stocks/bonds.
Who was it that you talked to about SHLDQ? Mike at 7-Eleven or Jose that works at the gas station?
Cute -
Here's to 47,000 retained jobs!
e
Commons are already going to survive. That is part of the 5.2 Billion Dollar bid that is supposed to be confirmed today. The MILLION DOLLAR question is what happens to the Commons when NEWCO Holdings goes live. People I have talked said they would be short SHLD when it emerges because all the value will be in NEWCO Holdings. There is no guarantee that SHLD shareholders will be given any equity in NEWCO. NOBODY HONESTLY KNOWS YET WHAT IF ANY EQUITY SHLD COMMON SHAREHOLDERS WILL BE GIVEN. It has no impact on ESL or any of those that signed the 8K on January 28th liquidating 7.2 Millon dollars worth of SHLD Stock. They already will have interest in NEWCO it is us shareholders who maybe left holding the bag. LAMPERT does not care about us shareholders he is profiting by having controlling interest of NEWCO Holdings.
Only my opinion.
All previous sears stores that are closed will be the new storage for Twinkies snack cakes
Any news or update on the court today or we wait next week? ???anyone???..thanks
What if news comes out after hours that ESL’s bid has been approved and that the commons survive?
Then you’ll be chasing on Monday morning.
8-K will cause SHLDQ to retreat back into the .40s creating another buying opportunity. IMHO
LOL. Great strategy
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