Saturday, April 06, 2013 11:38:24 PM
<<File Chapter 11 then start selling assets. Pay off the POR.Put all the remaining good assets in a new company.In the new company at 51% has to be owned by the old preferred and common shareholders to use the NOLs. They can leave the CTs in the old bad company if they want. Discharge the old bad company.>>
Two (2) remarks:
1. Is your BankAtlantic example an international affiliate holding company example? It seems as though this would be pertinent.
2. I can't see that it would be reasonable to take a trust issue at higher priority, discharge it in a "bad company" and take a "good company" public with 51% of the new common assigned from lower priority preferred and common issues now in escrow.
Furthermore I've read the CTs were re-instated to trade and qualify the company for the NOLs.
Cotton's computation of $17,960.80 (remaining POR Distribution) - $14,977.1 (April 4 Claims Paid) = $2,983.7B or the $3B due in September 2013.
If the EQR/Avalon equity is $3.9B, it would seem we've met the POR by $900M where the CTs require $333M to be brought current and $75M yearly.
Do you have any other objection why this should not be paid?
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