Monday, March 4, 2013

Objections Filed to Debtor’s Disclosure Statement


On or before February 28, 2013, several parties filed Objections to the Debtor's Disclosure Statement supporting its Plan of Reorganization.  The Committee filed an Objection, arguing in part that administrative claims are underestimated, the Debtor’s proposed treatment of creditors is not feasible, and the Debtor’s assets are severely depleted.  RBS filed an Objection, arguing in part that its liens are being stripped down, the Debtor’s equity holders are retaining their interests without any infusion of cash, and the Plan includes improper third-party releases.  The United States Trustee also filed an Objection, arguing in part that the financial information set forth in the Debtor’s Disclosure Statement is not adequate or feasible. 

Additionally, RBS filed a Motion for Approval of Administrative Claim seeking a superpriority administrative claim on account of its interest in the Debtor’s collateral allegedly not having been adequately protected.  The Debtor also filed a Motion to Extend Exclusive Solicitation Period with respect to the exclusive period during which it may solicit votes for its Plan, citing scheduling issues that cause the need for such an extension.

Finally, updating a previous post, the Committee's Motion for Authority to Prosecute Fraudulent Transfers was continued generally to track the Debtor's Plan confirmation process.  A hearing remains scheduled on the Debtor’s Disclosure Statement for Thursday, March 7, 2013 at 10am.