If DIMEQ is put into Class 18, Steinberg will no doubt point out that APR is clearly violated by doing so. This judge has a history of following APR in "good faith." I don't think she'll let DIMEQ get completely shafted by such a classification. I could see her asking for a provision that the LTWs carry over into the new company and are first in line to have their claim filled ahead of equity under the new litigation trust to be formed. This would suck royally, but I don't think we'll be swept under the rug by such an obvious violation of BK-code.
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