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linda1

02/02/19 11:26 AM

#17565 RE: justthefactsmam #17549

With the next filing date of June 12, 2019 for the
POR, there is plenty of time in between to review
- per Financial Statements - what remaining Assets
and Liabilities are left with Sears Holdings after
the ESL/363 Sale is approved.

ESL holds both old Debt - more than 18 months old
prior to Bankruptcy - and pre Bankruptcy Commons,
both of which preserve the NOLs. So yes I am
inclined to agree that the Commons will survive.

However - per the Rules such a Plan must be voted
on and approved by the Unsecured Creditors.
And if they are not being paid in full prior to the distribution
of the new Commons they may not agree to such a Plan.