Wasn't sure how many people already got to see the below quote, but this quote from Rosen today explains Susman behavior. It's hard to complain to the court that you demand an examiner right now, when the opposing party is begrudlingly giving you documents and talking about giving you money too:
"We filed a second amended agenda last evening which referred to the debtor's request with respect to the adjournment of the disclosure statement hearing . As we indicated in the agenda, based on the good faith negotiations that are underway between the debtors and the equity committee, with respect to modifications of the Chapter 11 plan, we thought it was in everyones best interests to adjourn the disclosure statement hearing until July 8 so that these negotiations could continue and to see if a resolution could be reached that would result in a modification to the plan and a modification to the disclosure statement. As part of that the equity committee similarly agreed that it would adjourn its motion with respect to the appointment of an examiner and its corresponding discovery motions or applications that it had on file for 2004 requests of JP Morgan Chase, the FDIC, and with respect with discovery of the debtors."
AI
