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Re: Chiron post# 30204

Thursday, 12/30/2010 3:29:17 PM

Thursday, December 30, 2010 3:29:17 PM

Post# of 42851
I have always thought that the debtors por would be the template by which a final settlement is reached. She could have rejected the por outright just with a statement that the debtors have not met their burden of proof as to its reasonableness, but she hasn't. The debtors witnesses did lack credibility in my view, but how does a bankruptcy judge hang her hat on that with A & M being involved in many bankruptcies past and present? Her request for notification of the extension of the gsa seems to indicate she is going to approve it in some form with modifications. I don't think she wants any competing pors and that keeps the debtors in the driver's seat. But until the debtors see control being given to equity (or trustee) I doubt if we are going to see any acceptable offers. Equities hands are still tied by debtors unwillingness to fight for the estate. So I am expecting her efforts to draw the matter out longer than if she just killed Rozens por altogether and let the process begin anew. The examiners report could still haunt us. It is one thing for it to be not introduced into evidence as hearsay, but she could still give his legal conclusions some weight to sway her on certain issues. Also, this silver short problem jpm has could have a negative impact on serious negotiations taking place in this case. I am still long. I wish everyone a prosperous new year.

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