--- John Birrenbach <[EMAIL PROTECTED]> wrote:

"The money raised from the [bankruptcy] sale of the
[GSE] property will go to satisfy the liens.  The
$$$'s from the sale of the property will be divided
against those who have liens.  So the creditors will
get some return, how much is determined by the sale
price."

There's a flaw in the above statement. Hendry and
Nelson hold the mortgage on the GSE property. It's
likely that the sale price of the assets will be less
than the face value of the mortgage. What is most
likely to happen here is that Hendry and Nelson trade
their mortgage for the GSE assets and the rest of the
creditors get zippo. The mortgage, no doubt, will be
given priority over the other creditors' claims.

The upshot of all this is that Hendry and Nelson wind
up with GSE free and clear of all of its accumulated
debt and are then free to restart the plant, which
will again be viable after stiffing the other
creditors.

Now the judge may be able to prevent this by
disqualifying H&N from bidding. I wouldn't bet on that
happening though.

These guys may not be the most ethical people around
but, give them credit, they're not bad financial
engineers.

Charlie Swope
Ward 1 




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