Heck still can be sued. Heck was in charge when all this happened,he is responsible. Going forward
Don't know about going private, because the court will only approve CH.11:
The Bankruptcy Court must find that confirmation of the Plan is not likely to be followed by the liquidation, or the need for further financial reorganization, of the Debtor or any successor to the Debtor, unless such liquidation or reorganization is proposed in the Plan..( which there is no indication of it).
I believe they will file Y/E financials by 4/30/2023, the deadline for the grey market.
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