If the CCAA proceeds past the initial stay order they will not have a choice but to work things out. Nobody wants to work within the constraints of the CCAA or assignment of bankruptcy. Everyone wants their money now - not later.When you have a key lender personally suing the brothers i hardly think they are going to want to keep working things out in the CCAA process.
It is one of the main reasons why the PRIDE GROUP applied for CCAA protection in the first place. Once it got out that primary lenders are suing the flood gates would open causing all lenders and parties owed by the company to follow suit. Services would be halted, fuel cards turned off, assets seized. Pride would not be able to react fast enough to protect any of the huge costs that come with managing these issues and any value left in anything will be evaporated. It would be the wild, wild west with sheriffs scrambling with each other trying to secure assets.
I cannot find any instances where an applicant who applies and receives an initial stay order was not granted a continuance in CCAA. Ernst & Young (EYI) is probably the biggest player in this area and I'm sure that it was a big part of the decision making for a while now to have them involved so they can convince the court to use them. As much as I would feel that it would be best for our industry to disallow the CCAA and force them into liquidity, I don't think it will happen. Just the fact that EYI took this on means that they are confident that the courts will allow them to proceed and EYI will be able to charge and collect their fees guaranteed to be paid out of what is available. Remember, the monitor, EYI, is acting on behalf of the lenders as a whole, not PRIDE, to maintain and secure any value left in the company to pay out everyone involved.
IMO the CCAA is inevitable and will most likely tie up things for years.