Thread regarding Belk layoffs

Objections to Rushed Bankruptcy

There were objections to Belk's swift bankruptcy filing, according to a Retail Dive article.
"The U.S. trustee in the case objected to the brisk pace. "The process here sharply deviates from the Bankruptcy Code's qualified and carefully crafted authorization of pre-packaged bankruptcy plans," the trustee, Kevin Epstein, said in court papers, who argued the speed did not provide enough sufficient notice to creditors. Epstein also objected to third-party releases of legal liability included in the plan.

"First, the nearly full-page, one-paragraph, single-spaced release starts with a 630-word sentence with 92 commas and five parentheticals. It is, simply put, unintelligible," the trustee said, adding that to "assert that tens of thousands of creditors have consented to a release that someone with a law degree would struggle to understand and that a creditor without legal training could not be expected to comprehend, eviscerates any meaning of the word consent."

A judge with federal district court in Houston found both the notice and releases were sufficient and consistent with the bankruptcy code."

The article also stated that Belk would have faced liquidation if the bankruptcy had not been pushed through swiftly.

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| 1331 views | | 5 replies (last February 26, 2021) | Reply
Post ID: @OP+19AfUrjm

5 replies (most recent on top)

Guess it pays to buy a company s— all the cash out and drop your debt in it. Then get a bail out from tax payers in the end.

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Post ID: @1myu+19AfUrjm

Wow..........

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Post ID: @gfo+19AfUrjm

Get out while you can. They can also rush through no severance.

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Post ID: @jfn+19AfUrjm

There is a 30 day window for objections.

Doubtful if it will be exercised.

The only people making money off this are the lawyers and Sycko who gets to walk away from several hundred million in debt, essentially pocketing the money.

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Post ID: @qav+19AfUrjm

I wonder if the Trustee could appeal.

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Post ID: @sal+19AfUrjm

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