Well I do admit I miss some things from time to time. Didn't see that the Trusty had made a filing. Thank you for mentioning that item. I believe that error or whatever it was does not effect the points I was making.
As far as appointing an Examiner to get an impartial view of the worth of the company I think it's a very necessary step. I do agree with the judge that now is the wrong time to do it. If the judge does that now then everything probably stops while the guy sets up his office, hires his staff, and then gets documents and starts his review. That's a lot of time to be hung up and at the end of the day anything he reports is gonna be disputed till the cow dies no matter what it is.
All these guys are Big Boys they don't need their hand held by an examiner. Much better to let them fight each other directly. If the HFs and funds can't blow up the re-organization plans values, then whatever an Examiner might say probably wouldn't have much import or change anything. If Management can't prove their valuations are right, they have nothing to hide behind their just done. If both sides are too scared about discussing what they're doing on the record in open court they'll probably cut a deal. If too much trash and ugliness comes out in court that's the time to appoint an Examiner, if for no other reason than that the judge may be able to get all the parties to agree to accept what the Examiner finds before the Examiner takes a step out of court. Thus eliminating any fights over his findings, which would probably take years, certainly months.
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