Mordi post >>>>>>>>>>
mordicai Share Thursday, November 04, 2010 5:51:07 PM
Re: Chiron post# 28682 Post # of 28701
The adversary proceeding for the shareholder meeting has been postponed. I welcome the delay. It could mean settlement talks are underway. Most posters seem to want a knee jerk reaction from the ec lawyers in response to the examiners report. I don't. I want them to take some time... Figure out who they have to depose and what other discovery they need to take before the confirmation hearing begins. People seem to forget the fdic intervened in this case and filed a claim. That subjects them to discovery and the ec is by no means precluded from obtaining that discovery especially now since the examiner neglected to do it. If they want the whitewash to stand this has to be settled quickly imho. The TPS adversary proceeding is going forward, and depositions are scheduled. Again , I ask, why do people ignore the fact that the examiner's report in the lehman case which hung jpm so to speak not prevent jpm from continue fighting in that case, but the examiner report herein is suppose to somehow cause the ec to give up before any fight. Its a matter of due process for parties to be able to conduct discovery. Walrath just ordered the debtors to produce documents to the texas bondholders. If you recall one of the reasons the ec wanted the examiner was to conduct the discovery that the debtors were stalling on. Since the examiner didn't do it, she now has to compel the debtors to produce that which has not been produced. She actually has to be disgusted, because she knows there is going to be a lot of motions to compel she is going to have to hear in the coming weeks. The examination was for naught in this regard. Also, we learned things in the examination that may very well be favorable to equity and now need to be pursued further. jmho.
