Thus, the “rough justice” that the Lehman Debtors attempt to impose under the Lehman Plan may be subject to significant second guessing by creditors who will fare better if the estates are substantively consolidated, if guarantee claims are not limited in the manner prescribed under the Lehman Plan or if inter-company claims are treated differently.
There can be no assurance that the Lehman Plan will attain confirmation in its current form, as it is not unusual for a plan to be modified prior to confirmation to resolve objections or address concerns raised by the Court or parties in interest.
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