striker42
Well-known member
The fact that we're outside the 18 month exclusivity period makes things interesting. Under US Bankruptcy law, when a corporation files Chapter 11 you can have an"debtor in possession" situation. Basically the existing leadership gets to stay in charge of the company and try to work out a plan for the company to exit bankruptcy as a going concern.
Part of this is an exclusivity window. Basically there's a period of time where only the debtor may propound plans to exit bankruptcy. This can be up to 18 months if the debtor can show cause.
After the exclusivity window, creditors can come in and propose their own plans. This can result in the creditors taking over the bankruptcy and leaving the corporation's leadership out in the cold.
Diamond seems to be pretty far along in getting their plan approved (I haven't looked too deeply into it) so them getting it approved and exiting bankruptcy is the most likely scenario.
However, if their plan gets derailed then I fully expect the creditors, led by the sports leagues, to take over. If that happens I think there's a good chance Diamond gets ripped up as we know it.
One thing to keep in mind, Diamond's plan failing doesn't automatically mean the Braves are out of their contract. That contract is so favorable to Diamond that it would have value on the market. Even if a contract says it's not assignable, a bankruptcy trustee can usually still assign it without consent. So the Braves' contract could potentially be sold. There are exceptions to this rule of course and I have no idea if any would apply but it's not automatic the Braves would be out of their deal.
Still a lot of ways this could go. It could be anything from Diamond exiting bankruptcy as a profitable business to the case being converted to a liquidation (less likely).
Part of this is an exclusivity window. Basically there's a period of time where only the debtor may propound plans to exit bankruptcy. This can be up to 18 months if the debtor can show cause.
After the exclusivity window, creditors can come in and propose their own plans. This can result in the creditors taking over the bankruptcy and leaving the corporation's leadership out in the cold.
Diamond seems to be pretty far along in getting their plan approved (I haven't looked too deeply into it) so them getting it approved and exiting bankruptcy is the most likely scenario.
However, if their plan gets derailed then I fully expect the creditors, led by the sports leagues, to take over. If that happens I think there's a good chance Diamond gets ripped up as we know it.
One thing to keep in mind, Diamond's plan failing doesn't automatically mean the Braves are out of their contract. That contract is so favorable to Diamond that it would have value on the market. Even if a contract says it's not assignable, a bankruptcy trustee can usually still assign it without consent. So the Braves' contract could potentially be sold. There are exceptions to this rule of course and I have no idea if any would apply but it's not automatic the Braves would be out of their deal.
Still a lot of ways this could go. It could be anything from Diamond exiting bankruptcy as a profitable business to the case being converted to a liquidation (less likely).