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Re: marayatano post# 39502

Sunday, 01/08/2012 9:39:21 PM

Sunday, January 08, 2012 9:39:21 PM

Post# of 42851
I understand that the plans provide for the judge to make her own determination as to the split, but are you aware of it happening in any other cases?

The reason I ask is JMW may (again, may) decide that what is proposed is the result of settlement negotiations, and since the parties are in agreement, and that the EC represents the interests of Equity, that she won't mess with the percentage.

It is my understanding that judges are reluctant to mess with what is agreed to in a settlement, and rarely do. One could argue that our infamous GSA is one such example - unfair to us, but that's what the parties agreed to, so the judge didn't mess with it.

And before APR is invoked, remember that APR can be "settled away", can it not?

Just something to think about...

Jack
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