My understanding of the situation is quite different from the previous posters .
The voting process that is on going just now is for registered creditors of the company .Therefore that would include those who registered their credit through the court in the first part of the admin process ie purchasers with deposits paid but who had not completed as the properties were not started or not finished many of those purchasers would have already gone to court to have their contracts resolved or ruled to be in breach by SJ .This is a route which many who had already completed could also have followed if given the correct legal advice
This group will also include all creditors of SJ ie suppliers ,banks ,councils (for unpaid licences etc ) utility companies or contractors etc and even some other companies in the SJ group, that are owed monies from SJ.
All of these creditors must have already registered their credit in the first part of the process . (SJ were very careful about how and to whom this info was circulated !!! )
Therefore I do not think the list of creditors will include many of those who have already completed and taken possesion of their properties.They could have registererd as creditors ( a few have ! ) If challenged in law they are in the same position as those waiting for properties not completed or started this is because SJ have not been able to provide or make it possible for completed purchasers to get certificates of habitation .This is a breach of contract
At any stage of the purchase ie before the forming of a "community " (This is where El Pinet faulters ) purchasrs could have become creditors however as SJ were very active in promoting the setting up of a community to take on their legal responsibilities , it looks like this route is no longer an option .
All of the above mentioned regestered creditors now have a vote to accept the schedule of payments (which is different depending on which catogory the credit has been classified ie priviliged, ordinary or subordinate etc ) and to vote as to whether the company is allowed to come out of admin and continue trading or not .In order to continue trading they need more than 50% of the registered creditors to vote yes .If they get a yes /continue to trade vote the court will oversee that the schedules of repayment and that all conditions placed upon the company are adhered to.
Not sure how closely the court will oversee this and we may just be back to the same old same old SJ ! Who knows !!
I will try to post the proposal documents explaining this process so people can discuss and comment on what it means for all of us .Hope this is of some help .JA
This message was last edited by julie anne on 06/11/2010.
This message was last edited by julie anne on 06/11/2010.
This message was last edited by julie anne on 06/11/2010.
This message was last edited by julie anne on 06/11/2010.
This message was last edited by julie anne on 06/11/2010.