One of the main focal points of discussions in the distressed world the past two weeks has been the shocking Nortel allocation opinion that moved bond prices precipitously over the past few weeks. The motions for reconsideration all claim that clarification is needed in order to prevent the allocation decision from producing inequitable results.
The motions for reconsideration include illustrative lockbox recovery estimates but also focus on the larger legal ramifications of the allocation dispute.


Many of the motions take issue with the fact that bondholder guarantee claims against the U.S.
The bondholders say this provision would conflict with existing case law on the legal right to assert guarantee claims.The NNCC bondholders take a different tack entirely, arguing that without substantive consolidation, each debtor estate and its claims pool should be counted independently with respect to the allocation of sale proceeds. This is to ensure that monies allocated to a debtor will be paid to the creditors whose claims formed the basis of such allocation, and not diverted to creditors of other debtors within the same debtor group, an outcome that the U.S.


The first issue is the impact of exclusion of guaranteed bondholders’ claims in the allocation formula.



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