ladies and gentlemen I think we have solved the puzzle for $BBBYQ. time to hang my hat on how I believe the $BBBY (old) Chapter 11 was executed—G.
more specifically, an IRC § 368(a)(1)(G) Type G Reorganization pursuant to a Section 363 sale. everything fits. all of my unknowns addressed. all clues left behind in the Plan answered.
a Type G Reorganization only meets the criteria to use the entire NOL if the NewCo issues shares as a substantial portion (or all) payment for the acquired asset.
I hope you find it informative.