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ILVMNY

10/20/09 5:14 AM

#109654 RE: germanycircus #109628

It can happen either way. I've done three summary judgment motions this past month, and all were ruled upon from the bench. But sometimes they are taken under advisement and ruled on later. That's usually if the judge hasn't had all the time in the world to research the situation and the law. Unless someone presents something in oral arguments that the judge wants to further research, I believe she will rule from the bench on this. Sometimes judges don't rule from the bench because the parties's emotions are too high at the time. That is not the case here in this hearing. I'm just speaking from 20 years experience in the courtroom.

Again, the 4.4 billion doesn't give them enough to exit bk with A > L. So it still would appear the reorg plan could mean commons cancelled. I don't know anything about bk and reorg plans. But it could still scare traders away. It has me very nervous.