Sears Holdings Corp. (fka SHLDQ)

[DDStocks]

Try again... acquirers typically pay at least a 20-40% premium over the current stock price when taking companies private

[jimr1717]

Ouch RIP COMMONS

[jimr1717]

It’s bankrupt, why would there be volume or any interest other than pumpers

[DDStocks]

A lawyer for Sears Holdings Corp told the court he was hoping the deal would close on Friday, clearing the way for Sears to end its four-month stint in Chapter 11 bankruptcy and begin its new life as a private company controlled by Lampert.

https://www.google.com/amp/s/mobile.reuters.com/article/amp/idUSKCN1PT254

[justthefactsmam]

anybody look at the shc dec 19 warrants this morning?

i'm not in it but there has been some discussion on this board about it.

very thin float but it shows up almost 500% this morning.

wonder what's going on with that?

[PennyStock Alert]

“Creditors also have argued the sale process was flawed and that it undervalued Sears by as much as $1.3 billion.”

:)

[PennyStock Alert]

MMs

[magicdaddy]

SHLDQ Current Report Filing Form 8-K

https://ih.advfn.com/stock-market/USOTC/sears-holdings-corp-SHLDQ/stock-news/79183352/current-report-filing-8-k

[AMPazzo]

No Interest in the Stock last trade in over 5 minutes.

Last Trade 0.576725
Trade Time 9:45:07am ET

then a trade comes in for 200 shares which is literally 110 dollars who is playing these games it is total BS

[PennyStock Alert]

Small paint tape selling. Opportunity is today and tomorrow

[StrategyTrader]

Raise your ask let them chase bidder trying to get cheap shares make them slap the ask if you do chase is on

[mojo joyo]

This could go till next week.not assurance that a ruling will be done this week

[AMPazzo]

This stock price behavior is disgusting no way would a blue chip stock be manimpulated in this way. MMs are controlling this stock and doing as they see fit with it. Hate It. Volume is al gone in the first 30 minutes they traded near 400,000 shares.

[StrategyTrader]

Mm 0laying again with spread cannot wait till we off pink sheets

[AMPazzo]

I agree creditors want liquidation but that is why we have the objection piece. Friday Judge Drain confirmed the Bankruptcy Plan and that means 45,000 employees have there jobs guaranteed until 2020 whether or not any, a few or all of the creditors win there objections. Remember there are 100s of creditors to be heard and not all will receive a favorable ruling.

[DDStocks]

Good article... Drain wants sears and the jobs saved

[growingpains]

Retail=Billions=Sears=Amazon

[Deweynami]

I don’t think your correct, a negative ruling here leads to liquidation. That’s what the creditors want, they wanna end sears and reap the rewards from it. Simon property group is on record say that with the demise of sears they will refurbish the stores and rent out at a higher rate. That’s why they are here and front and center.

[mojo joyo]

Naaaaa.this will churn till news come.no stairs yet.

[inouttrader]

Your guess is good as mine...someone posted yesterday, they will resume Wednesday then by Friday judge drain will make his judgement. ...tata and chillaxing for now...jmo

[ATM123]

Any hearing or updates today from the Court...

[inouttrader]

CHART UPDATE, LOOK LIKE STAIRWAY TO HEAVEN.....SOOOO SWEET....LOL..JMO

[AMPazzo]

I think people are missing the ship here. These creditor objections have no impact to the 45,000 jobs. When the Bankruptcy plan was approved on Friday it technically saved all those 45,000 jobs until February 2020. This weeks objections are the creditors rebuking Sears offer and asking for more money or a better arrangment. Not having any impact on the 45,000 jobs.

[BBstocks77]

Good morning SHLDQ - how about that short squeeze!?
Dollars coming.

[AMPazzo]

Creditors don't want to work with Sears that is why they are in court. They don't want empty promises they would rather have Sears liquidated and receive pennies on the dollar versus Sears surviving and getting more money. People would not be wasting the court's time if it was that easy.

[inouttrader]

BETTER CHANGE MY SELL GTC FROM $10 TO $100, OHHHHHH LAWD "$WEET,BABY JESUS"!!!!...LMFAO. ..JMO

[Orion1972]

A degree does not make you an expert either.. experience makes you an expert not the degree.. I have read through the majority of these documents with a dictionary to do my own DD. This isnt science this is persuasion to a degree and interpretation nothing more. At least they are trying to figure it out on their own and not using a news artical written buy someone with a possible agenda.

[Emptyhead]

Linda: That is a moot point, right ? It is all but certain Sears will emerge with new issued stock where by the old SHLDQ will be eliminated .
The hinge here for current SHLDQ holders is how they will be treated after Sears emerges with new stock.

[mojo joyo]

Judge can't choose sides.there is not position.judge has to be neutral.ok.
Don't pump.still a tossed up.
Will be unconstitutional to choose side before ruling.

[thelionwarrior]

The judge has made his position very clear.

[growingpains]

Sears=Retail=Amazon Retail=Billions Docket Scientist Giving Legal Advice on Court Documents spewing out their message that Retail is Dead, Yeah Right where did they get their legal degree and education from about economics. I'm sure it wasn't Law School. Mabey posing as Legal document examiners will land them in a better place.

[mojo joyo]

No one knows what judge will do.don't pump.this is a tossed up.50/50.

[philaya]

Buyout price....$100...

[Turd_Fergusen]

Double post but can't delete... my bad..

Looks like Judge Drain is leaning in ESL's direction to save the company... second article I've read that shows that the debtors lawyers are getting under his skin...looking good for my investment!!...

"Drain, meantime, seemed at some points to have run out of patience with the lawyers for the unsecured creditors. At one occasion, Drain admonished counsel for the unsecured creditors for having “spent 20 minutes going over stuff that is unnecessary.”

When lawyers informed Drain that a new potential point of contention between Sears and ESL arose Sunday night over who would assume $166 million in liabilities, Drain reminded the parties they have already signed a legal contract."

Full article here:

https://www.cnbc.com/2019/02/04/sears-creditors-challenge-idea-lamperts-bid-will-save-about-45000-jobs.html

[PennyStock Alert]

Exactly sir :)

[Turd_Fergusen]

Looks like Judge Drain is leaning in ESL's direction to save the company... second article I've read that shows that the debtors lawyers are getting under his skin...looking good for my investment!!...

"Drain, meantime, seemed at some points to have run out of patience with the lawyers for the unsecured creditors. At one occasion, Drain admonished counsel for the unsecured creditors for having “spent 20 minutes going over stuff that is unnecessary.”

When lawyers informed Drain that a new potential point of contention between Sears and ESL arose Sunday night over who would assume $166 million in liabilities, Drain reminded the parties they have already signed a legal contract."

Full article here:

https://www.cnbc.com/2019/02/04/sears-creditors-challenge-idea-lamperts-bid-will-save-about-45000-jobs.html

[growingpains]

Saving Jobs=State of The Union 40000 Jobs being Saved right here Congrats to the People that Care

[Patriots 2019]

Possibility that sears might work with amazon going into the future. That could get real interesting . $$$.

[PennyStock Alert]

With this $5.2 Billion buyout, there will be one of two options with shareholders:

1) the company goes private and shareholders are compensated by ESL with an offer to the company and its shareholders, stipulating the premium over the market price it’s willing to pay for the company's shares. If a majority of the voting shareholders accept the offer, the bidder then pays the consenting shareholders the purchase price for every share they own.

2) Share structure remains and share price begins its climb up to the $5.2 billion buyout price of $47/share

https://www.investopedia.com/ask/answers/05/publictoprivate.asp

[katano]

Well come aboard Patriots 2019. I do agree with ur statement and i think there are many of the creditors willing to work that way...
Wishing u the best and giving u the first follow member mark with ur first post on IHUB...

Gl

[Patriots 2019]

It would be the best interest for the creditors to work with Eddie / sears to get paid in the future . The next couple of days will be huge!!!!!! It will all work out ????????

[justthefactsmam]

i'm wasting a post asking this question but why do some posts actually post twice? i don't feel like i'm stuttering on the "submit post" button.

any thoughts appreciated.

also, can one of a double post be deleted by the author?

i know i can "edit" to just erase the comment but it still seems to count as a post.

thanks

[StockNinja33]

Buy Buy Buy - Judge’s decision coming any day now. Then we hit Dollar Land +

[thelionwarrior]

Um so to put it simply..... no matter the case everyone agrees commoms survive. Can we talk about the future? What do people think the new Sears willlook like?

[BeamMeUpScotty]

The good news is that there’s no gap to fill as the chart has already gone way higher than that

[justthefactsmam]

linda,

this is to contrast our positions:

you think shldq commons will survive as a result of shc reorganizing around some assets which it retains and doesn't sell to esl. it will issue new shares of its new company, replace the old shldq shares with new shares, and then spin of its tax attributes (nol's, tax credits, etc) to its new shareholders.
____________________________________________________
while i think the shldq commons will survive, it is in another way.

I think if esl's bid is confirmed that esl will obtain the majority of the tax attributes as a result of the structuring of its purchase from shc. if that is the case, then i think shldq common shares will be cancelled and the holders of those cancelled shares will have them exchanged for shares in esl's new company "new sears" which is formed sometime after esl's bid is approved by the court. under this scenario, esl's shares would be traded on a when issued basis providing some liquidity for those wanting to get in/out of the new company.
______________________________________________________________
while we both think that shldq commons will survive, we differ in the way

in your questions to me you are forming them from a mindset of shc surviving around some of its retained assets and my answers to you are formed around the belief that shc will not survive in any way and esl's company is the way forward for commons.

my head's spinning from thinking about this and not being a bk lawyer or having a financial background focusing on bankruptcy, i'm just trying to make sense of what i am reading from a very lay person's standpoint.

my only prior stake in a bk company was in ggp. was not nearly involved in all of the filings with them but that was primarily because i had previously worked for one of the real estate companys which ggp bought out and i was extremely familiar with a significant portion of their most valuable assets.

i also was convinced that ackman's purchase of both debt and common stock which gave him/pershing square a significant position in ggp during the bk process would bode well for old ggp commons. it worked out but i was on pins and needles during that process.

was scared to death, without a basis, that there might be some distinction between pre and post bankruptcy holders of ggp's stock which is why i never flipped by pre bk shares. although i did fabulously well with what i held, i really could nave done better flipping and accumulating more shares. i could easily have doubled or tripled the 30K shares i held in ggp.

that's why i have no issues with flippers in this stock, whether they want to use it as a method of getting "house" shares or if they just want to basically day trade.

in this case, if one is in the postion of needing a trade to clear before buying back in, then one could really be left in the dust if some type of announcement goosing the stock price were to occur.

i flipped my shares one time very early in this process and then got back in which is where i am now with it. am holding with a wait and see attitude.

[justthefactsmam]

Linda, I maxed out on my posts yesterday so couldn’t respond to you until today.
This is relative to my post 17700
__________________________________________

you said: There is zero stated in the APA that the NOLs and
other Tax Attributes will be included in the 363 Sale.
______________________________________
page 395/598 of docket 2344 is the apa. If you have just the apa, look on page 2 in the last “whereas” just before Article I. it states:
…transaction…(i) constitute one or more plans of reorganization under section 368 (a) of the code (as defined below) and as qualifying as one or more reorganizations thereunder and (ii) satisfy the ownership requirements set forth in section 382 (1)(5)(A)(ii) of the code.
Both of those bankruptcy code cites in the apa relate to tax loss carryforwards.
Also, look at the actual page 50 of the apa, section 2.12 tax reorganization. Page 443/598
________________________________________________________________________
then you added: PLUS why would the Debtors state as follows if Holdco
is to receive the Tax Attributes upon the approval and
closing of the 363 Sale:
________________________________________________________________________
I’m of the opinion that what was shown on those pages 85 and 86 were plans which shc would use if shc were to attempt a reorganization. The holdco on the diagram was a company which shc would have created to transfer its assets and the consideration from holdco (stock and warrants) were the construct deloitte proposed based on the private irs ruling for another company.

This was a “what if” scenario in the event the esl bid was not approved and shc had to either reorganize itself or liquidate, or both.
Since shc is proposing to sell the going forward asset to esl as a going concern, I believe that shc gave up the opportunity to reorganize and instead “sold” that right to esl (transform holdco which recently referred to it as “new sears”
________________________________________________________________________
you said:

“ 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 “

PLUS if the Debtors are planning to Liquidate
after the 363 Sale is approved why did they
say that they needed more time to get an
Agreement with the Creditors on a POR -
as the reason for extending the POR filing date?
___________________________________________________________
I believe shc filed for an extension of the por filing date out of an abundance of caution in the event the esl bid was not approved and they in fact had to go forward with a plan of their own.

In support of that opinion, look at the last paragraph on page 24/598 of docket 2344 which stated:

“if the debtors were not going to pursue an esl bid, they will hold a subsequent auction or auctions, where any individual real estate assets or smaller assets will be auctioned off for sale or the debtors would otherwise pursue a different alternative as part of a chapter 11 plan”
Now go to page 32/598 where sears discusses their alternatives in the event an esl bid is not approved.

“the wind down plan is conservative and does not contain outside potential that would be pursued on the company’s alternatives” (i.e. a total liquidation) (however, if pursued) “those potential alternatives include in pursuit of a chapt 11 plan involving the sale or reorganization around sears home service or certain other business and distribution of the debtors’ tax attributes to creditors”

The above construct, I believe, would be the scenario under which pages 85 and 86 (the diagram and discussion pages) would apply.
__________________________________________________________
It is my understanding that a POR is only for if
the Debtors intend to reorganize
and emerge from bankruptcy.
Where does it state
anywhere that the Debtors plan to convert to a
Chapter 7 Liquidation if the 363 Sale is approved?
__________________________________________________________
As discussed above, I believe the alternatives shc was looking at in the event esl’s bid was not accepted or approved was a complete liquidation (in essence a chapt 7 bk) or pursue a reorganization alternative around sears home improvement or some other business and then spin off the tax attributes to creditors. If they had taken that path, that Is where they would need to file a por.
________________________________________________________________
In your post 17961 you said:
ESL is buying 400 of 425 Stores that are
profitable. So I think that any distribution of
the Tax Attributes could be divided according
to the losses of the individual businesses - which
I think favors the Debtors.
___________________________________________________
From a docket posted Monday morning (something like esl’s revised response to the ucc objections, it stated there were 100 dark stores in the assets esl bid on. It went on to say if esl’s bid were approved that those 100 stores would be immediately sold with the hope of realizing $100 million of excess proceeds.

Again, it seems to me like esl is structuring its bid to be able to obtain the maximum amount of nol’s possible subject to cancellation of debt issues etc.

[mojo joyo]

I said 50/50 possibility of deal done whit new inquiries..nothing will happen today.end of week will be.and maybe this will carry on to next week

[CarlCarlMcB]

Land deal ! .0001

[RiskyBoy1989]

https://finance.yahoo.com/news/dispute-between-sears-lampert-apos-191351778.html

Very positive article in favor of Lampert and Sears.... but still ball is in anyone’s court.

I’m pretty sure Judge Drain will announce his decision late Wednesday.

Unless any more motions are filed against Lampert and ESL

GLTA