Right Tweak and Bowman:) It's actually an interesting situation where you have the creditors who are kind of 'gatekeepers' to the NOLs.. If they don't get a settlement from the fdic then there really is not much hope of any recovery for them..
Now remember the Debtors desire to get to the bottom of voting procedures for CDO beneficial holders.. They might be the one's who say to the UCC that they want to deal with the Debtor in the quest for an investor.
In an upside down way we might win if the Debtor loses against Sheila Bair & co.
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