There is only a finite number of plays that Team Susman has at their disposal to achieve the desired outcome.
First, starting with the desired outcome - which I believe will be filing paperwork for a litigation trial - and working backward from there. It should be obvious as to why they want to go this route. They are one of the top 10 litigation firms in the country. They will have the most control, and be most comfortable in this arena.
The next step back - What would/could they litigate? I believe they would pick one main litigation target (easiest to prove), and have the others tacked on for possible bonus win: a. Fraud. Conveyance b. Illegal asset transfer c. Illegal take-down of company (I'm sure there is a legal name for this) d. Other <--(Someone help me out here)
still working backwards - the decision to move the company out of bankruptcy prior to filing litigation paperwork. hmmm... any ideas? I am very far from being a legal expert, but I would think that it would be wiser to pay off the creditors sooner rather than later. (i.e. 30 million a month)
To have the ability to make that decision, the EC must grapple for control of the company, i.e. waterfall reaches equity. Can this happen in the current version of the POR? NO, prolly not.
So, I agree with you that the SNH play is a smokescreen, but it also falls into their long term strategy of gaining control of the bankruptcy. (IMHO) I think Team Susman might not have pursued it except for a few hero shareholders bringing attention to it. I believe they (Susman) saw this play as a bonus to their long term strategy. Filing the paperwork for discovery was guaranteed for approval due to the notes that the Judge had published on the previous POR denial.