I'm not too sure they'll succeed on that front. However Bayside has a lot more to worry about -- read the latest UST objection to the motion to disband the EC. It Seems the company had adjusted the POR to distribute 10cents a share to equity... isn't that weird? The interesting part however is that the UST is saying that the EC's objection shows evidence that there is substantial value for equity.
I wonder what substantial means... I'll start the price at $2/share. This is getting seeweet! My guess is that Bayside settles prior to confirmation hearing and equity gets a part of the reorganized company. If that happens, then $2 seems realistic. Alternatively, equity can get warrants to purchase shares, which of course is not as exciting but even that will be worth a lot more than where the shares are trading today -- see Genco for instance.
However, and this is the big one, if the Bayside claim is thrown out, then booyah! we'll be hitting new 52-week highs on this baby. Gotta love BK's like this one.