I don;t think she said that about the ninth circuit she stated they could have appeal the DC ruling but failed to. They were trying to get the Judge to open a window so that if she ruled allowing the claims the LT would have not honored it meaning they then would have appealed, the EC would have then lost the appealed, then they would have appealed to the ninth circuit. See the appeal is time barred but if she would have allowed the claims that would have been the backdoor for the litigation to continue. However, she denied the claims based on lack of jurisdiction ruled by the DC court as the BK court and stayed distribution allowing time for there appeal that she stated was futile. Why? Because they have no grounds to appeal her decision as it was not her decision it was the district courts decision acting as the BK court that they failed to appeal. You see...