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Re: 3dog post# 91974

Wednesday, 09/02/2009 2:56:52 PM

Wednesday, September 02, 2009 2:56:52 PM

Post# of 730278
Thats correct. Look at the issues submitted by JPM on appeal -- they do not include the $4B because that issue was never adjudicated in the bankruptcy court.

In most cases, you cannot appeal an issue unless that issue has been adjudicated or decided on in a lower court. There has been no decision to date on the $4B -- thus, the $4B cannot be subject to the appeal or the briefing schedule thereof.

Unless Judge Sleet chooses to hear the appeal and a stay is issued on the bankruptcy proceedings pending a decision on the appeal, the $4B issue is still going forward as expected.

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