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freddy80

07/24/10 9:44 PM

#225508 RE: dannoninvest #225507

When is the next big day here?
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barefoot123

07/24/10 11:36 PM

#225515 RE: dannoninvest #225507

I appreciate our judge saying this;

There have been inordinate delays and impediments to discovery by all of the parties who have a stake in this case in connection with the confirmation process and that has just convinced me that an examiner is necessary, both to reduce the cost of litigation and to assure that all parties have a forum through the examiner for consideration of their positions. Not simply on the merits of the global settlement but on really the value of the Debtor's assets, both those being settled and those left behind, and the appropriate distribution of those assets under any Plan.




But, due to the above being said and the mockery Rosen has made of her court, I was surprised she gave a little “wiggle Room” by finishing up with this;

But I will do the following. I will give a short time for an examiner to be named and have preliminary meetings with all of the interested parties, specifically the Debtor, the FDIC, JPMorgan, the Equity Committee, the Creditors' and I will allow the other parties, to the extent they already have prepared legal memoranda or attorney work product, will direct those parties to present them to the examiner. If they're not presented to the examiner that will play in my consideration later as to what additional discovery or investigation need be done by the examiner, but I strongly urge the parties to consensually provide sufficient information to the examiner to convince them of their belief that any further investigation is not warranted.



Why would they give them to the examiner when they weren’t given to Susman/EC as ordered to do so? Although the end looks more positive then ever, this just creates an unnecessary delay. IMO