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Re: Bluzie2 post# 3215

Thursday, 02/03/2011 2:33:48 PM

Thursday, February 03, 2011 2:33:48 PM

Post# of 8307
Bluzie2

Again, I am much obligated to you for your generosity in providing your cogent summary.

The development of the case as you outlined does present the prospect of a 90%+ probability of success in the current proceeding. Let's consider the unpleasant prospect that JMW might decide in favor of the debtors although this seems unlikely. It seems that our case turns on a point of law: are the LTW's debt or equity? If so, would any ruling depriving us of our rights as creditors not be appealed and almost certainly be heard by the appeals court? Is it reasonable that such an appeal should not be taken up? Under what circumstances might an appeals court decline to hear such an appeal?

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