Re: Noticias y actualizaciones... EC a la carga Ho Ho Ho
WCatz dice:
EC filed to 'connect-the-dots' not to enter the 'dots' on the Hearing Record.
The judge was very careful to decide what would go "in the hearing record" and what would not. And was equally as careful to state what she would be considering in her decision, and what was not.
Rosen created this little "game" by not admitting, as in a normal bankruptcy, 'advise of council' which would have include, of course, more valuation info, more of the 'reasonableness of this or that decision', etc, etc.
And then, the hearings on the POR confirmation were closed.
From what I can tell, the filing of the EC to file an additional objection, based on the quasi-new information from THJMW that she would not rule before 12/31/2010, and that allowed for "new dots" to be connected together.
The reality is, all the facts on the table about these "new dots" were ALREADY on the table. All the EC was doing was connecting them in a "new" way. (And really, not such a new way based on their cross-examination showing that an after 12/31/2010 confirmation was specifically not considered by Blackstone, ON ORDERS, from the debtors)
And in thinking on this, had THJMW opened these "closed doors" on Hearing Evidence (Objections, etc) -- then she would also have to open those doors to TPS, DimeQ, etc, etc playing "me too" to their 2nd objections, and of course, this would open up the "door" to the Debtors also then having to have a chance to "reply" to the new "objections", etc, etc, etc.
And, perhaps most importantly, even craftily -- the EC put in her mind how to connect those dots anyway. Even if their motion was denied, as it was. The filing connected the dots anyway. And the "dots" are already on record for her to consider in her decision.
I think, THAT, is why she denied this. She's got plenty already to make her decision, and didn't want another whole round of further "Hearing" materials.
...Catz
