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Could Leipold, Anschutz get piece of Preds?

Several U.S. court watchers indicate there is also a longer-term strategy at play. Because Leipold and Anschutz are secured creditors, they are asserting "perfected, secured interests" and claim that "no creditors have interests with priority over AEG's and Leipold's."

If the judge in the case accepts that argument — which is a possibility even if he refuses to lift the automatic stay on Del Biaggio's accounts — it could help cement Leipold and Anschutz's claim to the Predators' ownership share.

— Sean Gordon, The Globe and Mail

The talk to this point has centred around either the David Freeman group taking on Boots Del Biaggio's share or someone like Jim Balsillie bidding for it openly out of the bankruptcy proceedings, but given Craig Leipold and Philip Anschutz are two of the largest creditors here, perhaps it makes sense that they get their hands on the 27-per-cent share of the team.

They obviously wouldn't hold onto it for long, but this would likely put that chunk of the team in a situation where the NHL could have some input as to its final resting place. And I suspect that would be with Freeman and Co.

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James, I am afraid that this article written by your colleague is yet another example of why sports reporters should never, EVER, EVER be allowed to write about business stories.

I have reviewed the AEG complaint. AEG is a secured creditor with respect to certain securities accounts held by Del Biaggio which were alleged to contain a number of securities of various blue-chip public companies. He does not hold a security interest in the shares of the Predators, which are themselves not held by Del Biaggio but rather by a separate non-bankrupt corporate entity. AEG does not hold a security interest in the shares of the holding company, either.

Your colleague’s suggestion that “a California-based bankruptcy expert said Leipold and Anschutz could well make the case that the stake should fall to them” is either brutally dishonest or evidence of a profound lack of understanding. As the bankruptcy law prof he quoted correctly said, “If [Leipold or Anschutz] had a security interest in the loan, then he gets first crack at the ownership stake,”. IF HE HAD A SECURITY INTEREST. They do not, as AEG’s own complaint makes clear.

He is correct that “because Leipold and Anschutz are secured creditors, they are asserting "perfected, secured interests” and claim that “no creditors have interests with priority over AEG’s and Leipold’s.” They are not, however, asserting a security interest over the team, but rather over the acocunts in which they DO have a security interest.

Which is it, James – is Sean Gordon (and his editor) unforgivably dense, or is he simply writing a knowingly deceptive story in such a way as to ensure some lines in today’s G&M?

by Gerald on Nov 21, 2008 11:28 AM CST reply actions   0 recs

God I missed Gerald!

Pension Plan Puppets: A Toronto Maple Leafs blog and a group therapy session.

by PPP on Nov 21, 2008 3:07 PM CST up reply actions   0 recs

Gerald’s comment is another example of why lawyers should NEVER EVER be allowed to comment on sports journalism.

You see, Carpenter, a reporter’s job is to seek out facts, opinions, interpretations. And then present them in a logical manner in a story.

A reporter’s job is not to decide what is or what isn’t the inviolate truth.

I’ll give you an analogy: You’re the lawyer. Across the aisle is the opposing lawyer. I’m the judge (or, the reader). You present your case. He presents his. And I decide.

If everything was as black & white as you seem to always think it is, there would be no more need for lawyers.

Wait minute. Now we’re on to something….

by Dr Van Nostrum on Nov 21, 2008 6:19 PM CST reply actions   0 recs

And here is an example of why hockey fans should never make analogies. Look back at your post, and try to undersand where your analogy goes off the rails. Take a shot at it.

Incidentally, everything you say about reporting is exactly true. Please note, however, that you incorrectly omitted one critical thing from the job of a reporter – to understand his story and get his facts right.

As well, one thing that a reporter should not do is to misrepresent his facts in a manner so as to ensure that he actually gets his story into the paper.

by Gerald on Nov 22, 2008 7:26 PM CST up reply actions   0 recs


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