they talk out of both sides of their mouths, don't they.
the problem with the fiduciary responsibility argument is that the application for retention is governed by law, specifically FRBP 2014. K&E has no problem giving reasons for their selection (a requirement of 2014), but they cannot show specific facts,,,,,also a requirement. what k&e needs is an upside down balance sheet, and they dont got it. Not even close