It appears based on the filings there may be a cause for concern regarding the fiduciary Debtors owe to all classes of creditors.
In particular, calling attention to the findings made in the Equity Brief (Docket 1016) brought forward by PROSKAUER ROSE LLP on behalf of the Official Equity Committee there may be grounds for the Court to review whether or not an investigation as whether, in the Court's opinion, a condition exists where defalcation exists.
While we are still in the United States and the flag that waves before our CourtHouse carries stars and stripes and not a Skull and Crossbones on a black field, I pray the Court makes a determination.
DEFALCATION" Defalcation implies that funds have in some way been mishandled, particularly where an officer or agent has breached his or her fiduciary duty. It is commonly applied to public officers who fail to account for money received by them in their official capacity, or to officers of corporations who misappropriate company funds for their own private use.
Colloquially, the term is used to mean any type of bad faith, deceit, misconduct, or dishonesty.
