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fmrick

06/24/09 6:45 PM

#29374 RE: ryan128 #29373

If ifs and buts were fruits and nuts...

The note holders went into this with open eyes. The company was broke. They lent the company money on certain terms, terms that were fully described to shareholders in several documents filed with the SEC. The documents, and comments made by the company, said simply "we will be forced to declare BK if the R/S is not approved." So how could any person go before a court and claim that they did not have every chance to understand what was going on? You might not have understood what was going one, but you had plenty of chances to see it, ask questions, and get out (or not get in).

So a judge will look and make twos simple judgments. Did the company make agreements with the note holders and should those agreements be upheld? Unless someone can show that the was some sort of conspiracy to defraud, he will have to side with the note holders. How can a person or group claim that they were defrauded when the company told them, many times in many formats, EXACTLY what they would do?

How many BK have you seen where the shareholders were not wiped out? There are reasons for that. Shareholders are way down the line in who must be compensated. Show me a few examples if you know where SHAREHOLDERS were not wiped out.