Creative Loafing Bankruptcy Battle 'Getting Testy'

october 10, 2008  09:08 am
Atlanta Magazine's Steve Fennessy reports that during Wednesday's bankruptcy proceedings, Creative Loafing's lenders "fired a shot across the bow" at CEO Ben Eason, "saying in court papers that the bankruptcy filing was a gambit by Eason to preserve control of the company and 'dodge' the lenders' 'bargained-for rights to have a say in corporate governance.'" The lenders, Atalaya Funding and BIA Digital Partners, filed a motion (pdf) to reverse the earlier court injunction against them, which prevented them from seizing CL's assets. However, according to Washington City Paper, the judge struck down that motion on Wednesday. "It was a legal maneuver they were doing to get more control," Eason says. "When we filed the bankruptcy, there was a concern that Atalaya or BIA might use the collateral as a part of the bankruptcy to come in the backdoor and use the shares to basically foreclose on the shares and function as the board of directors." MORE: Former Creative Loafing (Atlanta) publisher Michael Sigman weighs in.