Originally Posted By DoubleD
This kind of filing occurs all the time - it work like this - Form NewCo with different shareholder structure - contribute non pledged assets to NewCo from OldCo - begin operation of NewCo. All debt and liabilities remain with Oldco - wait 6+ months file Chapter 11 on OldCo and force creditors to the table to either accept a debt cram down or force a chapter 7 liquidation of all the remaining listed assets. Worst case scenario the bankruptcy judge throws out the bankruptcy plan and off to court everybody goes – and I will tell you it’s a long way from the courts to the Bank when there are no assets remaining to cover a judgement. In the end nobody is made whole and in 8 years all is forgotten. Bankruptcy is nothing more than a tool of business survival.


In this case you had owner A who took deposits and didn't deliver any product for many years. Then owners B, C, D, and E buy into the company. Owner A then files bankruptcy. Owners B, C, D, and E then sue owner A. IMHO owners B, C, D, and E are glad to be rid of owner A and want nothing more than the name.


1967 Coronet, 1989 Daytona tube chassis. Former cars, 66 Charger, 67 R/T, 69 Coronet, 67 Dart GT. -Banned for life from V8Buick.com-