Rectificar es de sabios
"I dont like being surprised at this juncture. Not a legal eagle but the legal eagles have been wrong about things before too... "
You don't like being surprised?! I have a lot of $ riding on the outcome of this case. Walrath is different from the bankruptcy judges in my district as I saw yesterday, because I saw yesterday she is not looking into the corners of this case. Indeed, she's not looking into anything, and if the examiner hadn't been appointed we'd be on the fast track to confirmation now.
In fairness to our EC counsel I did not hear most of what was said yesterday, but what I did hear from Justin Nelson was inadequate: i.e., he did not raise the legal criteria for an adequate disclosure statement. Now THAT'S troubling. If he at least had mentioned the legal standard he would have done his job. Asking Willingham to look into this is deviant from my normal 'hands off' policy where contacting lawyers and the UST is concerned but justified because Nelson's lack of diligence disturbed me. I will probably contact Willingham myself, because assuming the examiner's report is helpful I want a Susman Godfrey lawyer in the courtroom who will use it optimally.
I'm sorry for your surprise, but more sorry for my own, because (1) having been an advocate in bankruptcy court, (2) knowing the law, and (3) hearing what I heard yesterday, I believe that if Nelson had stood up and fought he could have carried the day.