Based only this news report, the answer appears to be yes – an Ice Cube Bond would have honored the claimants' need for speed without allowing them to shift all the risk to the bankruptcy estate. The news article indicates that sale proponents referred to the holdback request as a "Hail Mary." In the foundational Lionel case, the dissenting Second Circuit judge used that characterization for a request to reverse the sale order, not to hold back proceeds. An Ice Cube Bond arguably reduces the possibility of Hail Mary arguments because it allows analysis of entitlements to be determined at a less pressured pace.
H/T Ted Janger

Comments
One response to “Was Charleston Gazette-Mail a good case for an Ice Cube Bond?”
The real problem with Charleston Gazette-Mail was that Chapter 11 was being used without any valid reorganizational purpose. It was just being used as a federal foreclosure procedure, but that should require a 506(c) charge–a taste for the unsecured. When is the US Trustee going to stop focusing on attorneys’ fees and consumer debtors’ assets and show some backbone on DIP lending agreement terms?