Tag: bankruptcy court


Bankruptcy court approves Dallas Stars’ bidding process

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Dallas Stars fans can be forgiven if they look back at Sept. 22, 2011 as a day in which the franchise closed the book on a major chapter in its history and turned the page to a new era.

Earlier today, we passed along the heartwarming news that the team honored its retired franchise centerpiece Mike Modano by signing him to a symbolic one-day contract, making sure that he retires as a Dallas Star. While the team completely waved goodbye to that error with that kind gesture, the franchise has reason to look forward to a brighter future for the first time in years.

That’s because their ownership situation is getting less and less murky. The team received the green light to exist in a “business as usual” state despite filing for bankruptcy earlier this week and today marked another important court date. Various sources report that the same U.S. Bankruptcy Court in Delaware approved the bidding procedures proposed by the Stars, the NHL and potential new owner Tom Gaglardi on Thursday.

Former PHT editor Brandon Worley confirms that the deadline for bids remains Oct. 22, with a deadline for objections to those bids set for Oct. 25. If there are multiple bidders, then an auction will be scheduled for Nov. 21, with the winner expected to be announced on Nov. 23.

So far, Gaglardi is the only confirmed suitor, but Worley elaborates on the process and some other potentially interested parties.

For a bid to be considered a “qualifying bid”, the potential buyer must be pre-approved by the NHL and the courts and the bid must be at least $10 million more in worth than that of Gaglardi’s bid, which is valued at around $260 million. If more than one bid is approved by the court, then an auction will take place on November 21, with the winning bidder being confirmed in a combined hearing on November 23.

Currently, there have been no bids presented to the court but we’ve learned that both Doug Miller and Chuck Greenberg are certainly interested in making a bid if at all feasible. I wouldn’t expect there to be a bid made until just before the deadline, based on the complexity of the sale agreement.

Worley claims that a new owner should be in place by Thanksgiving, although different legal processes (including gaining approval from the NHL’s Board of Governors, which might just be a formality) might delay it from becoming 100 percent official. That being said, all signs point to the Stars getting a new owner – possibly before 2012 even begins.

Dallas Stars sale takes next step in bankruptcy court


While the team itself wraps up work at Prince Edward Island, the Dallas Stars’ most important battles will take place in the courtroom rather than along the boards.

Today marked another key step in that process, as the bankruptcy court proceedings began with a rather important thing determined: the Stars will, in fact, be able to function as normal even as they go through the bankruptcy process. It will be business as usual, with the Dallas Morning News confirming that 12 motions were passed that permit the team to keep the lights on (both literally and figuratively).

That’s a crucial part of the process after the team officially filed for bankruptcy last week as part of a plan to sell the franchise, which is currently being controlled by creditors who took over once Tom Hicks’ financial issues eliminated his ability to run the team.

The next step is an even bigger one: a hearing involving the bidding process for the team will take place on Thursday. That will give bidders a 30-day deadline to make their attempts to own the Stars, which means that they must submit their bids by Oct. 22. Katie Hairopoulos explains that the the proposed auction date would then be Nov. 21, which would make the goal of changing ownership before 2012 seem fairly reasonable. (Keep in mind that the new owner(s) would need to be approved by the NHL Board of Governors, along with other steps that might delay or even halt the process.)

While there are certainly some elements that are still in the air, it’s hard to deny the feeling of optimism permeating the potential deal. Frontrunner Tom Gaglardi already announced the legal team that will represent him in the bidding, while Business Week reveals that former Texas Rangers co-owner Chuck Greenberg may indeed get involved in the process (which has been rumored for some time). Check out this post for some speculation regarding other possible owners, including Doug Miller, who owns the CHL’s Allen Americans.

Again, though, Gaglardi seems like the top contender. Dave Shoalts of the Globe & Mail elaborates on why he might not face very serious opposition.

The offer will also serve as a stalking-horse bid for the bankruptcy court, which means other parties can file a higher bid with the court. However, Stars insiders do not expect any competing bids and Gaglardi may take control of the team in the next two months if he gets the expected approval from the NHL’s board of governors.

Once Gaglardi is in charge, Stars fans can expect a strong marketing push to win them back, as the team’s ticket sales eroded badly in Hicks’ final years. There may also be a new president on the way, since current president Tony Tavares, a veteran NHL executive, was appointed by the banks to look after the team during the bankruptcy and sale.

While GM Joe Nieuwendyk claims that the team wasn’t affected by ownership issues, it clearly made it that much easier for Brad Richards to decide to leave town. (I’d actually argue that the Stars might be better off in the long run because of Richards’ age and the fact that they missed the playoffs for three straight seasons with him on their roster, but that’s a debate for another day.)

Nieuwendyk can say all the right things about the team’s health without an owner, but with the specter of budding star Jamie Benn’s pending restricted free agency and the team’s struggles at the box office, a deep-pocketed new owner would be a huge boost for the Stars. While a lot can change in the next week and months, it’s starting to look like the Stars will get their new owner and a steadied direction in the near future.