That is why she said "a plan may never be confirmed." She is sending a message to all involved, that the court has had enough of the shenanigans and if they want to go down that road, the outcome is not going to be favorable for most..
She touched on reasonable for the GSA, but left the Fair completely out of the writing. The court is leaning towards the GSA not being fair (she could not say this) but is still holding out hope for reasonable.
SNH's are toast, TPS is toast, EC is mostly in the drivers seat. Debtors have already conceded to JPM/FDIC, the only thing left is to burn the SNH claims.
Here is where we stand folks and I for one see what this court just did. However, we have one of the best firms in the country (just like my personal attorney) in their area of the law representing us, so I see us definitely coming out with WMMRC, Exit financing, Litigation Trust funds and future business cooperation for acquisitions and mergers and that is just the commons.
TPS will more cooperative this time around, so the preferreds do not have to adhere completely to Absolute priority rule in a BK payout, they can gain it over time. Creditors do not all have to be paid in full, they can get it in stock..
Susman Godfrey will do what SG can do for us before they sign on the line. As for what they want, they want their clients kept intact and some paid some BK funds.
~Don~
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