HA-LO Industries made and sold “promotional products”-items such as coffee mugs bearing company logos that could be given to employees or used to advertise the firms' businesses.
HA-LO agreed to purchase for 0 million, of which between million and 0 million would be paid in cash and the rest in HA-LO stock.
Liquidating trusts can be effective tools to wind down any business enterprise, including debtors in Chapter 11 bankruptcy cases and entities that dissolve outside of bankruptcy. To that end, in a Chapter 11 case, a debtor’s exclusive right to file a plan is limited to 120 days (subject to extensions for cause), but once a plan is confirmed, the bankruptcy estate ceases to exist and the debtor loses its status as debtor in possession, including its authority to act as a bankruptcy trustee and pursue estate claims.
Norton Liquidating trusts are organized for the primary purpose of liquidating assets transferred to them for distribution to trust beneficiaries. The US Bankruptcy Code seeks to promote the effective administration and settlement of a debtor’s assets and liabilities within a limited frame of time.
A plan must expressly retain claims to preserve a liquidating trust’s standing to pursue them after plan confirmation.
It is possible that the directors may have breached their duty of care.
I find no cognizable claim that any of the directors of Radio Shack, including Magnacca, breached his or her duty of loyalty.
The cash was more than HA-LO had in hand, and paying that much would have placed it in violation of several loan covenants.
In need of advice, HA-LO hired Credit Suisse First Boston (CSFB) (now Credit Suisse Securities) as an investment banker and Ernst & Young as a business consultant.