Guys, if Pathan is reading this I know what he's thinking.. We don't need to win against the fdic. A loss of the tax refunds is a loss for the creditors, NOT the Debtor.
The plan sponsor & co need to offer the creditors more than what they could get out of the CBI coffers (the lawyers are emptying this account) and/or the tax refunds. So if they lose the refunds to the fdic, the creditors don't have much of an option..
Indeed at that point they might love an investor to come along and offer them a debt for equity swap..
just a thought.
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