Fees to the equity create a conflict with the debt. Generally debt wants to get paid first. I guess this was a pre-financial crisis deal so lenders were pretty aggressive. I read in one article the senior debt was debt was trading at 5 cents on the dollar, so the equity was nowhere near having any value.
The one thing I am confused on is who gets the money in the liquidation sell? Is it the 3 companies?
No, equity is last in the pecking order in a bankruptcy sale.
Generally it goes:
1) Unpaid taxes
2) Senior debt (up to it's par amount)
3) Junior debt (up to it's par amount)
4) Unsecured creditors (e.g., trade payables)
5) Equity
So, for example if the capital structure was $100 senior debt, $100 sub debt, $100 equity and the liquidation sale raised $150, it would go $100 to senior and $50 to sub debt.