Jump to content

The Football Creditor rule is explicit, simple, and solves all of Derby's issues


Day

Recommended Posts

7 hours ago, PistoldPete said:

So you don’t think they have experts in football law to look at it as well? With Derby’s very existence depending on it?

Experts in football law ??!! Did I hear you right? 

is this QC’s who can do keepy uppies?? 
 

it’s a simple contractual point on the EFl articles which requires knowledge of restructuring/insolvency law and practice. It’s got nothing to do with football. Well except that the participants get paid very well 

I have thought about this very deeply

Link to comment
Share on other sites

12 hours ago, kevinhectoring said:

Experts in football law ??!! Did I hear you right? 

is this QC’s who can do keepy uppies?? 
 

it’s a simple contractual point on the EFl articles which requires knowledge of restructuring/insolvency law and practice. It’s got nothing to do with football. Well except that the participants get paid very well 

I have thought about this very deeply

Ok so you don’t think quantuma and a sports lawyer between them can’t work it out? Think very deeply now?

Link to comment
Share on other sites

45 minutes ago, The Scarlet Pimpernel said:

So who decides if they are football creditors or not? Can someone ask the EFL? 

Boro's recent statement specifically addresses this question in relation to the way Derby have allegedly delayed the resolution of their claim.

"Had it been finally determined, and an award made in favour of MFC, there would be no dispute that MFC would be a Football Creditor."

This is consistent with the rules cited in the first post of this thread. So they aren't football creditors but now but they  will be in the future if they win their case.

I've yet to hear a convincing argument to the contrary but would very much like to?

Link to comment
Share on other sites

1 hour ago, Red Ram said:

Boro's recent statement specifically addresses this question in relation to the way Derby have allegedly delayed the resolution of their claim.

"Had it been finally determined, and an award made in favour of MFC, there would be no dispute that MFC would be a Football Creditor."

This is consistent with the rules cited in the first post of this thread. So they aren't football creditors but now but they  will be in the future if they win their case.

I've yet to hear a convincing argument to the contrary but would very much like to?

For me this is exactly the issue.

The EFL are threatening withdrawal of the golden share as we can't get funding in for the rest of the season. This would make us worthless. The admins plan is for the funding to come from restructuring the debt and the new owners coming in. The EFL are forcing us to hear via arbitration the baseless and vexatious legal claims that haven't gone through a court of law and can't as we're in admin. EFL are forcing this as they believe all clubs deserve to have their claims heard and not allowing this to set a precedent. New owners don't want the risk of the arbitration going against us as the claims would turn into football debt, even though they aren't at the moment. We'd then be facing a further 15 point deduction next season which could relegate us to league two. 

EFL needs to come out and say to M and W they're not permitted to pursue their claims as the DC didn't offer them any compensation as the final decision (as per EFL rules) and that all future compensation decisions for clubs must be made at the DC hearings the sanctions are decided at.

It can't be that hard for EFL to do this. It's frustrating. On one hand, the EFL want to be the law, yet on the other, say they can't interfere. Which is it??

Link to comment
Share on other sites

10 hours ago, PistoldPete said:

Ok so you don’t think quantuma and a sports lawyer between them can’t work it out? Think very deeply now?

Sorry to be blunt but ‘sports lawyers’ aren’t the go-to people for contractual issues nor for restructuring expertise. Quantuma have no legal expertise whatsoever, it’s not their thing 

Edited by kevinhectoring
Link to comment
Share on other sites

11 minutes ago, kevinhectoring said:

Sorry to be blunt but ‘sports lawyers’ aren’t the go-to people for contractual issues nor for restructuring expertise. Quantuma have no legal expertise whatsoever, it’s not their thing 

Quantuma are not the go to guys  for restructuring expertise? So who is ? You? I think I prefer top rely on them , thanks.  

Link to comment
Share on other sites

15 minutes ago, PistoldPete said:

Quantuma are not the go to guys  for restructuring expertise? So who is ? You? I think I prefer top rely on them , thanks.  

Sure Q have restructuring expertise, there is no doubt they are smart and experienced. I thought we were discussing legal expertise ? They don’t have that though like most restructuring accountants and bankers many of them doubtless have very good practical knowledge of law as it applies to restructurings. I don’t really know whether the ‘football creditors’ rooster up is their fault or their lawyers’ - it may just have been a point that fell between two stools 

Edited by kevinhectoring
Link to comment
Share on other sites

2 hours ago, San Fran Van Rams said:

For me this is exactly the issue.

The EFL are threatening withdrawal of the golden share as we can't get funding in for the rest of the season. This would make us worthless. The admins plan is for the funding to come from restructuring the debt and the new owners coming in. The EFL are forcing us to hear via arbitration the baseless and vexatious legal claims that haven't gone through a court of law and can't as we're in admin. EFL are forcing this as they believe all clubs deserve to have their claims heard and not allowing this to set a precedent. New owners don't want the risk of the arbitration going against us as the claims would turn into football debt, even though they aren't at the moment. We'd then be facing a further 15 point deduction next season which could relegate us to league two. 

EFL needs to come out and say to M and W they're not permitted to pursue their claims as the DC didn't offer them any compensation as the final decision (as per EFL rules) and that all future compensation decisions for clubs must be made at the DC hearings the sanctions are decided at.

It can't be that hard for EFL to do this. It's frustrating. On one hand, the EFL want to be the law, yet on the other, say they can't interfere. Which is it??

Its Parrys personal relationship with Gibson that is over riding EFL rules. Plain and simple cowardice from Parry and vindictiveness from Gibson.

 

Link to comment
Share on other sites

9 hours ago, kevinhectoring said:

I certainly hope we don’t sell any more. But as a tax payer I can see why they might say we should conduct a fire sale and go down 

I really don't know where you're coming from Kevin. The government clearly said in the House of Commons that the HMRC debt is not the issue here.

The sports minister said it at the end of the debate last week.

The only thing stopping this club surviving is the vexatious ambulance chasing Gibson and his chum Parry.

Edited by angieram
Link to comment
Share on other sites

Guest
This topic is now closed to further replies.
×
×
  • Create New...