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gophilipgo

12/29/11 11:52 AM

#354179 RE: wall_street61 #354175

I understand your devil's advocacy, but that is poor logic, in my opinion. Ultimately, if she approved the POR with DIME as Class 18 and no compensation, that would violate APR, and it would be through her legal ruling, since she has the final say; not the debtors. So unless she already knows she is going to deny POR7, it would make no sense to place DIME into Class 18 without compensation. Likewise, it would make no sense for her to have decided to deny POR7 at this time.

I will admit that Walrath has come up with some crafty, surprising opinions, so I won't put it past her to rule DIMEs as Class 18 with no compensation; however, I still contend it's unlikely from a legal standpoint, and unless you can show me a case where debt was passed over in favor of equity without that debt's consent, I'm gonna have to stick with my own opinion. I say it comes down to Class 12 or Class 21.