If only based on the capital rule that could be the case. However, whatever restructuring scenario is implemented could benefit commons more than preferreds. We don't know yet what options Calabria will be presented with to end this fiasco.
Staying flat is all the Preferreds can reasonabley hope for under every scenario left. Commons make out bigly no matter what scenario plays out. SPS is paid. No warrants will ever be exercised, and da Gooberment owes ~FNMA~ $FMCC~ a lot of cash.