Saturday, May 15, 2010 10:02:59 PM
Yes we agree on some things. You are projecting and in your projections are suggesting a specific outcome. I am not doing that. I am completely rejecting suggesting or taking any steps beyond where we are.
Also you imply that the judge may pick a value for the company that he desires or seems appropriate. I don't know anywhere in American Law that allows him to do that. If he tried to do that all sides would immediately rip him apart and demand that he be removed from the case. I believe that such a motion would be granted in haste and I believe the judge knows this much better than you or I.
One possibility that seems to be beyond the scope of what you suggest is that after hearing all the arguments and reviewing all the presentations the judge decides that no one has clearly established the value of either the company or its' holdings. He then appoints an Examiner, who, when he makes his report to the court has a totally different value for the company
Also you imply that the judge may pick a value for the company that he desires or seems appropriate. I don't know anywhere in American Law that allows him to do that. If he tried to do that all sides would immediately rip him apart and demand that he be removed from the case. I believe that such a motion would be granted in haste and I believe the judge knows this much better than you or I.
One possibility that seems to be beyond the scope of what you suggest is that after hearing all the arguments and reviewing all the presentations the judge decides that no one has clearly established the value of either the company or its' holdings. He then appoints an Examiner, who, when he makes his report to the court has a totally different value for the company
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