Judge Bernstein is a pretty sharp guy - he was laffing his ass off to himself as soon as he heard that clown utter the magic words "naked shorts" or "NSS". At that point he likely tuned outt~ and started thinking about what chores he had to do this weekend as the chucklehead blundered forward with his babbling.
BTW, DIP financing is not permitted unless the judge determines there is a VIABLE business - even if some chuckleheads WANT to throw their munny into a rathole, the BK judge does not allow it unless he approves a viable plan for the business. As I stated, Bernstein is a VERY sharp guy and good with numbers. Without a reorg plan that is backed by SOLID NUMBERS and clearly viable, he won't approve a Chap 11 reorg plan even if there were a pile of 20 million cash sitting on the table with DIPsters BEGGING him to approve the plan.
Berntein used to be the CHIEF BK judge for the Eastern District - now he's just a BK judge with the Southern District, but he has the experience of a Chief Judge and he is a whiz at ferreting out BULLSHEET - and he doesn't mind embarrassing people and calling out phony experts as idiots when they are.
He will always ask what is the EVIDENCE proving a number, estimate, or assertion and drill down on any proposed reorg plan. I've asked around with folks who know and they say he's he is tough as nails and sharp as a scalpel. He will demand proof of sales numbers, etc. and isn't likely to miss any forged documents. You can bet if Mosky gives phony numbers or forged invoices or sales contracts he will throw Mosky's ass in jail immediately for contempt and refer him for further charges while he sits in the Federal lockup.
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