Not always. There are reasons this keeps getting pushed back in court. Look at JCP recently, and new facts out Court Judge sees and facts CEO and gang lied to them about...
Again, FELP was never insolvent either (like JCP), and under C11 rules you must be insolvent to claim BK protections under Federal law. Felp wa sno more insolvent than JCP.
I think we are finally in a place in America, where white collar corporate greed will finally be addressed for good of all American jobs as well as Shareholders of those companies... We will see...
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