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Alias Born | 10/26/2008 |
Monday, January 30, 2012 1:18:00 PM
Now, one can easily say the market is telling you the NEWCO is worthless and many other things. Let’s look at what the Horsies said about getting their thirty pages of insider trading guilt wiped clean. They said plan would fail without these thirty pages being totally omitted. We know Walrath cannot approve this without getting higher court approval due to this already being appealed. Will they actually set precedent in Delaware bankruptcy court history? I do not think even they want to approve this and bring unwanted SCOTUS attention to their ongoing Delaware scam embarrassing the entire Judicial System. We know where TPS stands and they will stop at nothing on their agenda in pursuing a “stay” of this mess.
Also I know that if fraud can be proven and other illegal actions post confirmation, actions can be taken in order to make right. This could be a stretch but this whole mess has been along three year stretch of corruption, fraud and more. Could this be the reason the EC made a deal with some equity intact and get out of the Delaware court? Without making some sort of deal first, Susman and equity would have been totally “moot” so he made the deal before chapter 11 exit and who knows if he will pursue after the fact as he has 180 days post confirmation to turn this mess around if that is in fact this a course they are going to pursue. All I know is I feel strongly that there will be a major “twist” before this mess as exits Delaware.
http://www.susmangodfrey.com/content/inline-images/attorneys/Documents/EHAR_-_Discovering_Fraud_Post_Confirmation.pdf
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