Yes, I'm convinced that THABJ isn't sure WHEN to retroactively value the bank IN ADDITION to an award. As much as I liked the BK move, it could contribute to confusion. At first glance, one might honestly question the integrity of the bank's operations given its BK filing status. This may be THE reason why THABJ calld a motion hearing in an effort to gain clarification before her SJ, which, I believe is her intention. If I were the bank and govt., I would settle before she issues a SJ. It is NOT clear how THABJ will rule. Seems a settlement is what she is pushing for without saying, "I want both parties to negotiate a settlement."
VC
