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A judge spoke of the chances that the Debenhams department store will start operating in September after deciding that a Mikes Ashley's Sports Direct-funded landlord could speed up the challenge of the Debenhams restructuring proposals.
This could result in the unwinding of the restructuring, which would almost certainly require the retailer to move to the administration.
Judge Mann said Monday in the London High Court that the case could be heard on 2 September and last from four to five days, subject to the availability of a judge.
The court's decision was made after Combined Property Control Group, owner of six properties leased to Debenhams, challenged the company's voluntary agreement, or CVA, which the retailer's unsecured creditors had approved in May.
The landlord wants an expedited lawsuit because of what he considers to be unfair conditions under the terms of the company's refinancing, where the £ 228 million guarantee of badets has been transferred to unsecured creditors.
They say it's unfair because these creditors, among which American hedge funds headed by Silver Point Capital, were only to provide £ 60 million before buying back the company.
These creditors then launched the CVA to restructure its lease obligations.
The CPC Group stated that the company was to enter the administration by 29 September at the latest. Otherwise unsecured creditors (owners, local authorities and suppliers) will potentially lose £ 228.8 million which could otherwise be recovered. In fact, the March 29th refinancing was subject to a six-month recovery.
Mike Direct Sports Direct from Mike Ashley was originally named as a party to the case but has since withdrawn from office after Debenhams' lawyers claimed he was not important enough as a creditor to challenge the case. HOW ARE YOU. However, he is still committed to bear the costs of the action.
Mann J. stated that while Sports Direct funding "has something slightly odd", it is not a reason to deny an expedited trial.
Counsel for the CPC Group stated that "the plaintiffs were not encouraged to challenge CVA by Sports Direct", noting that the retailer had been "harmed by the wider restructuring of Debenhams".
But Terry Duddy, chairman of Debenhams, said Sports Direct "was acting deliberately against the vast majority of Debenhams stakeholders, including over 90% of our creditors who supported our CVAs."
Mr. Duddy may be forced to resign in the event that the company enters the administration under a new owner.
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