I think this case is getting ahead of its self .. with all the normal legal motions and filings. I don't think much is really going to happen until the trustee decides the proper recommendation to the courts in regards to the trustees opinion of chapter 11 or chapter 7 or dismissal.
Can the trustee force the filing to occur? If it means that the company reports revenue of 1 million for all of FY 2009 and an operating loss of $500k then so be it.
I can see where Mosky had a motivation not to file, but surely the trustee wouldn't have the same motivation.
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