I have not heard back from them. I've gotten this type of information from several others that had ran into this situation in the past. Several of them said this is what they had to do in order to show force that one should be formed.
In one example, an EC had been rejected many times. I can't remember how many, but I believe it was more than 5. A lot had written in and was used as more evidence that not just Hedge Fund holders, or Financial Institutions were looking for an Equity Committee, but all shareholders.
Because they presented all of this to the court, towards the very end of the BK process, the Judge finally accepted that an EC should be formed due to the overwhelming evidence that one is needed. In the end, it proved to be very valuable.
At the request of these people that have been helping me, I can't disclose what company it was and the end result. Just know that it was all worth it.
Am I saying that this will happen here? Nope. What I am saying is, this is better than sitting around and doing nothing and complain on IHUB. I don't hold a ton of shares here, but at the same time, I'm not going to sit here and not fight this. I'd rather fight, then do nothing. That's just me.
Once I do hear back from the lawyer at McKool Smiths I will definitely let you know. I have asked for dates if he can provide it to me of the 3 denials. This way I'm telling him that I know it was denied 3 times to see what he says. If he comes back and just says 1 and gives me April 23rd, then it would appear to be only 1 time it was denied.
I want to inform him that I am writing and there should be several others who will be writing in letters. Hopefully he can use this to help if he tries to appeal and submit again. Last I talked to him a month ago they were looking at other options. I will probably call him again on Monday. Whatever I find out I will definitely share with everyone here.
