In the WHOA the Judge shall only put your and my letter in the case if you have in a earlier state send your rejections to SNH:
'Until the day of the hearing, the creditors and shareholders who have voted against the composition can submit a request to the court for refusal of the homologation. It does however apply that the creditors or shareholders can no longer invoke the grounds on which the homologation of a composition agreed to by all classes can be refused if they were previously aware of the possible application of those grounds, but they have never spoken to the debtor about this (Article 380(3))'.
.18.Deadline for ruling
During the hearing, the date and time of the ruling will be announced. As a starting point, a decision will be made within five working days after the hearing. So by June 20 we will hear whether the WHOA passes, or is rejected.
I'll have to check it out, but I think a letter to the court can only be sent through a lawyer, that's the way it used to be, but there has been a lot of criticism of it in the Dutch Parliament. If it is still the case, only people can send in a letter who:
1. Have already expressed their criticism of the WHOA before and communicated this to Steinhoff;
2. People who have a lawyer.
Furthermore, the court does not review the case in depth.
In most cases if everyone (every creditor) agrees 100%, agreement is given, but now we have the shareholders...
I think van Moorsel's letter is a fantastic defense and I would think it would be super if the SdK sends that letter with an explanation and signatures from us to the Court. This should be done by June 13. After that, the lawyers will only be allowed to submit a short pleading on the day and read it, but extensive submissions will not be considered. This van Moorsel Document is exactly what we need, so in my opinion that piece of Corporate and Recovery. Legal must go to court in its entirety and signed by all of us! I can attach some more documents, but for the moment It is important that the SdK wil manage the further proceedings as a Coordinator. I do not know if they take this role and if they have enough time, but about this van Moorsel Document:
I think this is enough to blow these crimi's away!