Large, The Debtors filed the GS. The Debtors, JPig, FrauDIC and all the creditors argued in support of the GSA and we had the lowly EC, LTW and TPS fighting those powerful forces.
Again, If the debtors refused to get into a GSA and file to adjudicate all claims against JPig then we would have had the fight over the deposit and NOL, BOLI/COLI and other assets.
The DEBTORS are the ones that agreed to the GSA and fought to get it approved. Now that is the root cause analysis. The Judge agreeing to the debtors arguments is secondary.
The primary problem with the BK are the DEBTORS.
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