i asked Xena what facts were missing. You replied "read back from Friday, do some XL DD....".
I don't fully understand your response, but my point is that i don't see how any germane points were missed by the Ad Hoc attrnys. my point is that ad hoc attrnys successfully argued for what Boroff wanted. Boroff acknowledged this and still ruled against formation of an EC. Its an odd judgement but not the failure of the Ad Hoc. The Judge changed his mind about how he'd rule and ignored basic principles of going concern value not to mention definitions in the bk code and the very case law he said he'd use as a basis for ruling (see Wang).
Debtors tend to file in the SDNY or Wilmington to avoid this kind of bizarre ruling. Unfortunately, this time around equity lost on the unpredictable and unprecedented ruling.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.