As you noted, this is pre-appeal change. But also, generally speaking, the APR violations were within creditor classes -- eg, to get creditors to agree to settle among themselves. In most of those cases, equity was still wiped out. The issue here is more of the philosopy of some that such APR violation would be applied to equity -- specifically to preferreds to enhance commons. That, I am not aware -- but sure there's a couple of cases -- of where that specifically has happened. And that, is infinitely more rare.
One can not - IMHO - compare "old" cases of creditor-to-creditor APR violations to current Equity-to-Equity APR violations. I still maintain that's apples/oranges comparisons.
...Catz
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