UncleBo -- the figures for the (bogus) run-off WMMRC were validated by PJC and the EC -- and the court accepted the HIGHER figures proffered by the EC.
So that's a done deal.
The reality is, the court is dealing with the "here and now" aspects -- the debtors have proposed valuating WMMRC at "run-off" values
1) Bogus numbers. Nobody believes that WMMRC will be left to die. But the court has to value "assets" as they are, with current values.
2) And the best the court can do is to add "current WMMRC" plus what it could write-off using NOLs.
The utilization of the NOLS, literally in the billions, cannot be done by WMMRC alone. It requires merger, wait a bit, merger, wait a bit, etc, etc..
That is well beyond the purview of the court. Would happen AFTER EXITING bankruptcy.
But the 'debt financing' aspect (at the last PORv7 attempt) from the SNHs carries the "death spiral" intentional nature to it, or as it was proposed, as analyzed by people who do those kind of numbers... so it is a new area of "mediation" to see how that might be resolved...
And that is EXACTLY what the SNHs tried to pull off (K-mart) -- time and money are not an issue for so-called 'sophisticated investors' who were perfectly happy to keep the 'NewCo' to less than 300 investors, so as not to have to report what was going on after exiting bankruptcy.