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Monday, May 11, 2020 1:40:11 AM
It turns out that plaintiff Fisher didn't request to initiate another Interlocutory Appeal, but to become a party in Fairholme's appeal already in the Court of Appeals, since Fisher considers that their claims are the same as Fairholme's.
Yet, Sweeney granted them the possibility to file a motion to certify her December 6th opinion for interlocutory appeal, duplicating the one already filed by Fairholme and thus, place an undue burden on the Court of Appeals, even though the stay wasn't lifted, so they can't file the motion while the case is in stay.
Judge Sweeney is a puppet in the hands of the hedge-funds, that only seek to make noise on the market, giving the appearance that the plaintiffs have a strong case to negotiate a settlement and win, so that the low-profile retail investors remain invested in the illiquid Junior Preferred Stocks.
FnF are not a restructuring case because the resolution is written in the laws and regulations that many of the posters here don't mention. The SPSPA isn't a law, by the way.
The value of the enterprises is reflected in the common stocks. The JPS are a bond-like security.
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