Ben

In today's bankruptcy hearing, the judge said she will wait until the Aug. 25 equity auction to define what the "highest and best" offer will be, a decision that CL CEO Ben Eason has said will be of utmost importance to the future of the six-paper company. "While today's hearing about the rules and procedures for the bidding was given a pretty high-drama buildup ... it didn't live up to its billing and was actually a complex, confusing, and undramatic court session," Creative Loafing (Tampa)'s Wayne Garcia writes. Following the hearing, Eason told Garcia he's considering stepping down temporarily as CEO to focus on putting together a new bid for the company, though he said he hasn't made a decision yet and has no timetable in mind.

CL CEO Ben Eason has said that today's hearing (rescheduled from Monday) will likely determine whether or not he will be able to retain control of the six-paper chain. The actual auction is slated for Aug. 25, but Eason says that if the judge allows unfettered bidding by Atalaya Capital Management, the company's largest creditor, he may have no chance. He thinks that would be unfair and will ask the judge to restrict Atalaya's ability to bid. "What you'll see is the judge grappling with a core issue: How do you preside over a fair auction where one of the bidders has an advantage that would cause others not to bid," Eason says. "It's like pulling money out of one pocket and putting it into another."

Ben Eason tells the Chicago Reader that the key upcoming date in the ongoing bankruptcy saga of Creative Loafing is not Aug. 25, when the auction will be held, but July 27, when the judge sets the rules of the auction. He says the judge should restrict the ability of lender Atalaya Capital Management to bid on the company because "they'll put their money in and immediately take it out." He says that the issue should not just be who has the highest bid for the company, but the "highest and best" bid, which Eason thinks will be his. "For me it's my passion, my life, and everything," he says. "The real key here is not a financial play -- it's how everybody uses their publishing smarts and knowledge of online to fuse those models together. The game is not who's got the most money but who's got the most smarts to make the transition."

The Creative Loafing CEO tells Editor & Publisher that bankruptcy has given the six-paper chain the opportunity to speed its transformation to digital publishing and to cut its costs. He says that his staff is spending 90 percent of its energy on the web and the other 10 percent on print -- which would be impossible without bankruptcy. "Everyone in the business knows print pays the bills, but most folks don't understand that digital contributes to the profits," he says. In a pre-Chapter 11 company, "the profit expectation baked into the capital structure is entirely based on maintenance of historical print profit margins." Eason also says he expects CL to emerge from bankruptcy this summer.

Judge Caryl E. Delano has ruled in the CL CEO's favor, denying major creditor Atalaya's motions to take control of the company, Wayne Garcia of Creative Loafing (Tampa) reports from the courthouse. Though Eason will retain control, the judge is suggesting mediation for the two sides to come up with a mutually compatible reorganization plan instead of using the one put forth by Eason earlier in the bankruptcy proceedings.

After hearing more testimony yesterday on whether CEO Ben Eason should retain control the six-paper chain or if it should be turned over to its biggest creditor Atayla Capital Management, Judge Caryl Delano Delano said she will ask both sides to submit written closing arguments, which she will mull over for several days before making a ruling. MORE: Read dispatches from former CL employees Ken Edelstein and Alex Pickett.

Ben Eason testified yesterday during a hearing to determine whether he will be able to maintain ownership of the six-newspaper chain or if it will be handed over to CL's largest creditor. According to Wayne Garcia, much of Eason's testimony related to the digital transformation of CL and the struggles of the print publishing industry. On Tuesday, CL's chief financial officer and its valuation expert are scheduled to testify. The judge will then rule on who gets control of the company, Garcia reports.

Atalaya Capital Management said in court this morning that if it assumed control of the six-paper chain, it would continue to operate the newspapers "as a going concern" and put more money into the company rather than sell it off, Wayne Garcia reports. Atalaya, CL's biggest creditor, is seeking to wrest ownership of the company from CEO Ben Eason because it has "lost confidence" in his management. MORE: Later in the day's hearing, an expert on valuation testified that CL's value as a company had dropped more than $7 million in the three months after it declared bankruptcy. CL will make its case in court on Thursday.