Yes, if they can find someone who wishes to take the risk while waiting for the judege to make the decision, that is their right. However, actions taken like this could influence the judge's decision. In additon, given some of the past events from the senior holders and PN, actions such as this could lead to a collusion charge, which could turn out to be a blessing for the common holders. There has been plenty of shadiness from all parties since the start, so I say have at it.
"Always look on the bright side of life!"
Eric Idle