Wednesday, December 08, 2010 10:59:43 AM
if walrath decides to deny confirmation, she will probably select several "show-stopping" conditions that were not met by the debtor's por and publish an air-tight written opinion regarding these points only; no need for walrath to navigate across the battlefield that debtors have littered with landmines. chasing after everything that moves under these circumstances could result in an appeal of her confirmation denial to the detriment of equity.
on separate subject, the purpose of the written opinion isn't just to first test whether her perspective will stand up to scrutiny, but to fire a warning shot across the bow of debtor's vessel; encouraging them to reevaluate merits of making a settlement with equity factoring her stance on the matter.
if the inertia between debtors and equity doesn't break, she'll probably issue judgement denying pos por confirmation.
aimho,
pix
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