A brief review of that motion by TPS really drives the stake through the heart of Debtor's position. That coupled with...ahhh...no, your honor, we can't provide the documents to support the DS or POR...this should go over real well with JMW. My guess is that she may very well wait and hear from the examiner before she weighs in on this thing....but she shouldn't have to. This is your typical catch me if you can that debtor has been playing since day one. She has made clear her expectations of the debtor, so this she be a no-brainer for her.
TPS has made very clear with every request to make reference to the POR and agreement and basis for request for documentation, they have been refused outright...ENOUGH! Is the examiner getting the same treatment? JMW won't grant anything if folks don't ask for it...although ...she has made her position clear. I expect to see a similar filing by Susman's office very soon.
They are going to deal with this on the 7th...along with the preliminary report by the examiner. I don't know how JMW can avoid a contempt issue here. There are some serious legal and ethical issues going on with the POR; you can see it based on the very simple requests by TPS. Someone is going to get sanctioned..license revoked...I mean SOMETHING has to happen here.
Under the circumstances, I expect to see some major movement pretty soon. My guess is every party..TPS, EC, Examiner will be on the same page here, I mean you simply cannot have a global settlement when there is nothing global about sharing the information upon which the settlement is based. I mean, it doesn't take a mastermind...check that, a fifth grade debate team to see the COI here.
The greatest shame would be that JMW does nothing...and for some screwed up reason...I'm totally prepared for that!
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