The debtor's sale of assets did not include any of the capital stock. They were specifically excluded. Wealthycolony owned a crapload of stock in the company, the single largest shareholder and would lose a fortune if the company went chapter 7. Once the sale of assets was approved, what would happen if Wealthycolony then spread a rumor that GBI was going to reverse merge with the shell of the old company, making the shareholders whole? Obviously, the share price would surge and Wealthycolony could start dumping its holdings in the company, recovering as much as possible from their shares. Once they were sold out of shares, the Debtor could then file for a change from a chapter 11 to a chapter 7, leaving the leftover shareholders out in the cold with shares in a company that no longer exists. Chapter 7 wipes out current shareholders. It would not be a shell company, therefore it cannot reverse merge with anyone. GBI then has everything it needs to continue Soupman as an LLC. Why would they even want to share what they own free and clear with any of us? Altruism, from a Hedgefund? I don't think so.
Can anyone point out a flaw in my thinking? I have tried to consider all options but this, in my opinion, is what has been planned all along and is what is being done. Read the actual Sales Agreement, which we now have full access to. Shareholders were intentionally misled.
Note: If there is a problem with anything I post, please be kind enough to drop me a private message and let me know what it is so that I can correct anything that violates this board's rules.