Got it, but wouldn't the court, in fairness, need to know if it is or is not prior to ruling on the appeal?! Otherwise it would be a huge oversight by all the parties involved not to bring this issue to the table first, considering it has huge implications on the decisions for the day and strategies and approaches by all the parties in this BK...
I think that would be the most responsible thing to do rather than not trying to address such a simple question, even though it is the large elephant in the room!
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