End of story. In every single other case whereupon there is bK, the language in the filings SPECIFICALLY DELINEATES that all commons are to be wiped out, extinguished, etc..
I don't think so. Why on earth would anyone want to leave billions of commons alive? In what way would that constitute a responsible restructuring plan?
The idea is to leave the new funder in control. What you propose would not do that.
Class 2 Interest Holders are Priority Non-Tax Claims of which ARIOQ has none
Class 3 Interest Holders are General Unsecured Claims of which ARIOQ has many, some are scheduled to be paid out on a pro rata basis, some extinguished, and others belonging to company insiders are scheduled to get nothing
Class 4 Interest Holders are ALL equity holders including holders of both preferred stock and common stock
All equity holdings are scheduled to be retired and extinguished (in other words cancelled)