It does not matter. The judge said very clear she will not consider that as an objective evidence for confirmation.
For her if the Debtors, or the Debtors Counsel believe that the settlemen is fair and reasonable is just an argument, it will not be consider evidence.
So she just ruled accordingly with her opinion. She does not need to strike the evidence based on Attorney client privilege just because she will not consider it.
She made this point very clear, you can find it in confirmation day 4 audio file.
This was a very good opinion for us, because she just stated that she had no evidence to determine if the settlement is fair and reasonable so that alone will let her deny the plan.
chaarles
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