So it will emerge, the question is whether commons will survive or not.
Nobody knows the end game because a lot of pieces are missing from the puzzle, but you'd agree that saving commons is in SUNE best interest to clear their name and emerge.
Wiping out commons is a losing scenario that may take place only in Ch. 7, or if ordered by a judge in Ch. 11 based on compelling evidence that he does not have yet. It will trigger class action lawsuits and criminal charges for losing more than 90 % in a few months without facing a major natural/economic disaster, nor hinting Feds/investors/employees.
Was it negligence or fraud ?
Who will buy new shares after wiping out commons and emerging ?
X-Execs are not in direct control, but they are not totally out of the picture while financial statements that were due a year ago have not been filed yet. It's in SUNE best interest to fully cooperate, as they are, with court appointed and Feds.