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Politics : American Presidential Politics and foreign affairs -- Ignore unavailable to you. Want to Upgrade?


To: TimF who wrote (35471)5/11/2009 1:24:49 PM
From: DuckTapeSunroof  Read Replies (1) | Respond to of 71588
 
Re: [the goal of a chapter 11 is to RESTRUCTURE the business so as to CREATE a VIABLE, ongoing concern.] "True but irrelevant."

It (the main goal of chapter 11: building a viable business) is relevant simply BECAUSE pursuit of that goal is WHAT LEGALLY JUSTIFIES a bankruptcy court to reorder debt priorities when they legally restructure the company's debts.

Re: "Favoring junior creditors over senior creditors is not necessary to restructure the business."

In your opinion.

However, if the federal bankruptcy court DECIDES THAT IT IS REQUIRED, then that is exactly what they do.

And... there is a SPECIFIC PROVISION in the federal bankruptcy codes (relating to chapter 11 reorganizations) which AUTHORIZES the court to do exactly that.

(So, there is nothing new here at all....)