Because we (I) don't understand why there would be a restriction like that applied to settlement terms as you are stating. While I cannot say you are wrong, my rationale tells me that what you are suggesting (cash only settlement) makes no sense.
In addition, there is also the JPM/Lehman/Barclays case where the BK judge allowed a settlement which was BOTH cash and securities! This was the basis for MY prediction that any settlement between WAMUQ and JPM would be completed via a cash payment AND a share swap. Here is a reference for you...
NEW YORK (Reuters) - A U.S. bankruptcy judge approved a settlement calling for $1.27 billion (£857 million) in cash plus securities with a face value of $5.7 billion to be transferred to Barclays (BARC.L) in connection with its purchase of the core U.S. brokerage business of Lehman Brothers Holdings.