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Re: mrholty post# 250

Thursday, 05/26/2011 10:20:55 PM

Thursday, May 26, 2011 10:20:55 PM

Post# of 461
The magnitude of the claims of Class 4 is described (I use that term loosely) in the Debtor's POR and Disclosure Statement. I used a figure of $50 million which is slightly above the midpoint estimate for Class 4 but the equity committee is using a much lower figure between $30 and $40 million contingent upon whether the company is reorganized vs. liquidated. Their numbers can be found in an exhibit that was filed as part of their disclosure statement objection back in April.

Class 6, which is the old DHB Shareholders that entered into the $35.2 million settlement was assumed to be $35.2 which is where the POR capped the claim. There are 2 issues that can splinter into many other issues surrounding the Class 6 claimants. One is that their settlement will be either allowed or rejected. The Bankruptcy Court allowed the rejection but that decision was appealed and we are awaiting the outcome of the appeal. The other issue is, if the settlement is rejected, does the money come back into the estate? The answer to that question, as we recently learned, will be determined by the bankruptcy court.

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