Santa Monica Pictures, LLC, Perry Lerner, Tax Matters Partner - Page 132

                                        -210-                                         
          reorganization.157  Under each of those plans, the holders of               
          Carolco subordinated notes were in class 10 and the holders of              
          Carolco preferred stock were in class 12.  In the planned                   
          liquidation of Carolco, holders of class 10 and 12 assets were to           
          receive nothing.  According to the second plan of reorganization,           
          the liquidation of Carolco commenced with the sale of the Carolco           
          film library and continued with the sale of certain projects,               
          Carolco’s studio, and other assets.  As a result of the sale of             
          these items, Carolco would hold approximately $60 million cash,             
          which was the largest asset in the bankruptcy proceeding.  Other            
          than this cash asset, the only remaining assets of significant              
          value were certain projects and litigation claims.  A disclosure            
          statement accompanying the second plan of reorganization dated              
          December 3, 1996, presented three scenarios showing a range of              
          possible outcomes from the Carolco liquidation.  Carolco                    
          estimated that under any of the three scenarios, class 9 through            
          13 creditors, including holders of the Carolco securities, would            
          receive nothing from the bankruptcy.  Considering the information           
          available as of December 11, 1996, it was highly unlikely that              
          SMHC would recover anything on the Carolco securities.  Clearly,            
          the plans of reorganization and the disclosure statement (which             



               157 The first plan of reorganization was filed on Sept. 13,            
          1996, and the second plan of reorganization was filed on Dec. 3,            
          1996.                                                                       





Page:  Previous  200  201  202  203  204  205  206  207  208  209  210  211  212  213  214  215  216  217  218  219  Next

Last modified: May 25, 2011