This was not some safe harbor statement. Quote from the 8K
"The Company expects that currently outstanding shares of its common stock will be cancelled and extinguished upon confirmation of a Chapter 11 plan by the United States Bankruptcy Court for the Southern District of New York. In this event, the Company's shareholders will not be entitled to receive or retain any cash, securities or other property on account of their cancelled shares of common stock. As a result, the Company expects that its currently outstanding common stock will have no value."
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