To what IP are you referring? There are no utility patents -- they all expired. Their IP consists of brand names and packaging design. The assets consist of pocket change and some inventory they can't sell.
The notes are owned by the Whelan family and Staelin. You can't really believe that there is even the slightest possibility that the Whelans and Staelin would foreclose those notes and walk away with paper losses of $$$ millions?
"....take the IP and go start fresh." That's funny. Good one.