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Thursday, June 03, 2010 2:14:02 PM
She will use next days to rule against it, and - this is specially relevant - to analize how to overcome Rosen's argument ( the non BK case he talked about ) about their fiduciary duties and how it's unclear that he has to be loyal to shareholders.
I am positively convinced the Judge thinks Rosen's is not doing the right thing by not sharing with EC the digested results of their work. She did not force him today to do so, because she wants to make it with good solid written arguments that overcome Rosen's example today.
It triggered my attention how well prepared Rosen was to debate today the topic of his fiduciary duties, who he should be loyal to, and why the shareholders and debtors are not in the same side.
He had the case to counter argument the judge absolutely top of his mind. I am sure he was so prepared because he is pretty aware of the risk he is facing with his questionable behaviour. The judge thinks - I am possitively sure after hearing her - he is not doing the right thing.
I am also convinced the judge will give everyone the chance to value the merits of the claims against JPM and FDIC. She may do it with an examiner or whatever sort of effective discovery. I she will do it before accepting any DS that dicharge these claims. And she knows the current DS gives zero clues about why these claims are meritless and not worth to pursue.
I am very optimistic at this point. By the time Rosen/JPM/FDIC can reshape their game plan we will likely have a new BOD.
Cheers!!
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