Hazcat
03-01-2007, 05:42 AM
From "The Outdoor Wire"
Dakota Arms, Inc., the Sturgis, South Dakota maker of fine custom firearms, has come out of bankruptcy through what is, essentially, the sale of itself to itself. Dakota had been operating under bankruptcy protections since a clash with a creditor forced the company into bankruptcy protection last July.
Under Section 363 of the U.S. Bankruptcy Code, a company in Chapter 11 protection can sell certain assets in order to continue to operate. Broadening of the case law concerning Section 363 has broadened the terms of an asset sale to the point the company can literally sell all its assets.
In this instance, bids were invited, and Dakota Equity, LLC, a wholly owned subsidiary of Technology Funding (the previous owner) submitted what is called the "stalking horse" bid - the bid others must best.
When bidding closed, there were no other bidders, allowing bankruptcy Judge Robert J. Kressel to approve the sale. The only objection to the action, incidentally, was from the creditor whose aggressive actions toward Dakota had precipitated the original Bankruptcy petition. All the other parties, from secured creditors to the Official Committee of Unsecured Creditors, expressed for Judge Kressel's Sale Approval Order.
"Today, the court acknowledged that the sale of assets is in the best interests of the estate and all the stakeholders, including the Dakota employees. The sale provides the best opportunity for Dakota Arms to put the bankruptcy behind us and move forward," said Dakota president Charlie Kokesh. "We can once again focus all of our attention on manufacturing the world's most accurate and reliable rifles for hunters and sportsmen who appreciate the very best."
Dakota Arms will continue to operate under the same name, Dakota Arms, Inc. Kokesh acknowledged the company's debt and gratitude to its employees, customers and trade vendors. "Without the overwhelming support from all three constituencies, the bankruptcy might have proven fatal to Dakota. Instead, as a result of their efforts, we are coming out of bankruptcy stronger than ever and can continue to carry the great legacy left by our founders, Don and Norma Allen."
"The Dakota sales team is taking orders, and our highly skilled craftsmen and women who build America's finest custom rifles are hard at work. There has never been a better time to call and place an order," sales manager Richard Spruill said. "Dakota Arms is ready to get back to business."
Dakota Arms, Inc., the Sturgis, South Dakota maker of fine custom firearms, has come out of bankruptcy through what is, essentially, the sale of itself to itself. Dakota had been operating under bankruptcy protections since a clash with a creditor forced the company into bankruptcy protection last July.
Under Section 363 of the U.S. Bankruptcy Code, a company in Chapter 11 protection can sell certain assets in order to continue to operate. Broadening of the case law concerning Section 363 has broadened the terms of an asset sale to the point the company can literally sell all its assets.
In this instance, bids were invited, and Dakota Equity, LLC, a wholly owned subsidiary of Technology Funding (the previous owner) submitted what is called the "stalking horse" bid - the bid others must best.
When bidding closed, there were no other bidders, allowing bankruptcy Judge Robert J. Kressel to approve the sale. The only objection to the action, incidentally, was from the creditor whose aggressive actions toward Dakota had precipitated the original Bankruptcy petition. All the other parties, from secured creditors to the Official Committee of Unsecured Creditors, expressed for Judge Kressel's Sale Approval Order.
"Today, the court acknowledged that the sale of assets is in the best interests of the estate and all the stakeholders, including the Dakota employees. The sale provides the best opportunity for Dakota Arms to put the bankruptcy behind us and move forward," said Dakota president Charlie Kokesh. "We can once again focus all of our attention on manufacturing the world's most accurate and reliable rifles for hunters and sportsmen who appreciate the very best."
Dakota Arms will continue to operate under the same name, Dakota Arms, Inc. Kokesh acknowledged the company's debt and gratitude to its employees, customers and trade vendors. "Without the overwhelming support from all three constituencies, the bankruptcy might have proven fatal to Dakota. Instead, as a result of their efforts, we are coming out of bankruptcy stronger than ever and can continue to carry the great legacy left by our founders, Don and Norma Allen."
"The Dakota sales team is taking orders, and our highly skilled craftsmen and women who build America's finest custom rifles are hard at work. There has never been a better time to call and place an order," sales manager Richard Spruill said. "Dakota Arms is ready to get back to business."