Even at this preliminary point, Hochberg SHOULD be able to tell the Judge, due to all of the improprieties that this case has more assets than liabilities. All Hochberg would need to verify is what PJS disclosed and the 2007 Annual report of WMI. Even since then, there would be mega billions of dollars that came into the Estate via taxes, NOLS and other.
I believe Hochberg may have a meeting in the Judge’s Chambers before/during the hearing and I would expect Hochberg to say “your Honor, I have never seen anything in my entire career that rises to this much fraud/corruption” and my recommendation would be for a Trustee immediately. With Rosen’s own numbers, if done appropriately, assets are already larger than liabilities, without discussing all of the rest. This should deem the Disclosure Statement null and void.
The Judge should conclude the need for an immediate Trustee. Weasel, Gotcha and Mangel have to be removed immediately and charged appropriately with bankruptcy fraud and many other illegal acts, not to mention the Estate has a multibillion dollar malpractice claim against this firm for losing exclusivity and many more improprieties. The Trustee actually makes the Judge’s decision much easier, as she would only have to make the Trustee decision, put Susman in charge and the rest will fall into place VERY quickly.