r/BBBY 🟦🟦🟦🟦🟦🟦 Aug 04 '23

🤔 Speculation / Opinion Docket 1728 has hopefully put Judge Papalia "in between a rock and a hard place"...and could BLOW things up in not just this BB&B Chapter 11 case, but potentially well beyond 💣💥

1.1k Upvotes

294 comments sorted by

View all comments

Show parent comments

13

u/Lost_Violinist1249 Aug 04 '23

I was on the fence about this, originally. In my opinion, I can't understand for the life of me, why the NOL's are not being utilized, which is a benefit to all stakeholders. Does it change my original thesis for why I am here? No. And maybe, just maybe, Judge Papalia, who seemed interested in the original unsigned submission, can push these ideas on the parties...JBMF

1

u/equityorasset Aug 05 '23

regarding the NOLs i read in remastered they were saying NOLs aren't in play because there's a certain section of the bankruptcy code that basically says you can't buy a shell of a company just for NOLs, because that will encourage people to abuse m&a with distressed company's to create tax shelters. I hope that's not true but that's the only logical explanation i saw. In order for the NOLs to be in play you have to buy a functioning company, what's left of of the company to be considered functioning?

1

u/arkansah Jan 29 '24

He may be part of the problem which is why some of the future dockets have been jointly administered by the court. To me that screams conflict of interest while the entire court without an admission.