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Friday, January 07, 2011 7:35:14 PM
"The Court agrees with the Plan Objectors: each part of the
settlement must be evaluated to determine whether the settlement
as a whole is reasonable. This is not to say, however, that this
is a mere math exercise comparing the sum of the parts to the
whole. Rather, the Court recognizes that there are benefits to
be recognized by a global settlement of all litigation
(eliminating costs of continued litigation and delay in
distributions to creditors and shareholders) that may recommend a
settlement that does not quite equal what would be a reasonable
settlement of each part separately. Nonetheless, the Court must
consider the reasonableness of the resolution in light of each of
the separate claims being resolved or released in the Global
Settlement."
I think it only allows non-valuation on litigation and claims that are of uncertain value, as The Court (and nobody) can tell the future.
But I think that the rest of the assets (real state for example) there has to be some kind of (real) valuation. (Audited maybe?)
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