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Re: onco post# 15657

Wednesday, 03/06/2013 1:52:46 PM

Wednesday, March 06, 2013 1:52:46 PM

Post# of 60195
Onco- Months ago, the BK POL specifically stated $200MM to the estate. Was that number hypothetical? Why not state $500MM? $1,000MM? $1 dollar? Why, why, why?

Here's why- Both parties come to the conclusion that each had a 50% chance of winning and if the Govt. lost, would owe a very LARGE amount to United. So, they came to a mutually agreeable pre-ruling settlement in an effort to reduce the potential for damages (defendant) and eliminate the possibility of appeal (plaintiff). A MUTUAL PRE-RULING SETTLEMENT.

I didn't believe THABJ would rule, but I was wrong. She did. She had to because of precedent and law. It is her DUTY. Remember, stated in the 11/20 transcript, she says, "... I will rule when I CAN". She waited for the BK case to reach a trigger point, then rule, which now brings us back to the BK case and impending filings.

VC
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