It's exactly the tactic being taken.
Throwing it out one day before the hearing isn't subtle by any means.
Either they were planning it this way (possible since this is what ambulance chasers often do to extend, delay, and wear you down in order to settle) or it has become apparent they needed to find a victim.
It's possible it could buy them a delay, but they're going up against some BK heavy hitters in KE, AG, and Skadden.
And Gerber is far from a fool, he routinely cuts down lawyers from the bench when he feels he's being played, I've seen it and it's in the transcripts. A perfect example is the executives who have been fighting for their compensation. Their attorneys would argue that they had signed severance packages that entitled them to millions over the course of the upcoming years and Gerbers response would often lead in with something like this.... ' these are the same executives that paid themselves salaries of $2 million a year as the company was going deeper and deeper in debt.....'.
You could hear and see the disgust in his voice and manner.
If and when this gets in front of him, CERT will quickly realize they do not have a friend on this bench. And in BK court where the Judge is also the jury is not a recipe for success.
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