Actually, Icahn bought 7% of EK stock in November, 2003. I don't know if he has retained that stake or not. I think around 2005/2006 he had the option of increasing his stake but he opted not to...
I really don't know if Kodak has any hope of restructuring with a plan that allows its film division to continue operations. Most of the "value" of the company seems to be in its display technology patents - but a good 'ol fashioned Chapter 7 "smash and grab" auction could determine who receives those.
It's unfortunate, but as far as Kodak's debt holders are concerned the company may be worth more dead than alive.

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