The debtors' have stopped their POR waterfall right above the preferreds. They have attempted recently to insert the Caymans and WMB bondholders as higher priorities above the preferreds but that will not fly in BK court.
In fact their attempt to insert the WMB bondholders above the preferreds indicates to me they know there is too much money in the estate to try and keep preferreds below face value so they used this transparent scheme to divert money from the preferreds.
I have felt for the last 12 months that the battle will come down between the EC and the debtors over how much the preferreds will get paid. If they are made whole and commons are in the money then the debtors are out and equity takes over the company and the litigation.WGM is out and the scumbag allaince of the FDIC, JPM and the vulture hedge funds come squarely into Susman's gunsights.
If the debtors can manage to pay anything less than face for the preferreds then the commons are cancelled and the debtors retain control of the reorganized company. If the commons get even a dime after the preferreds are paid then the EC wins.
Make no mistake about it. This is a high stakes battle not only in terms of financial reward/loss but also in terms of potential criminal charges against those who are currently committing bankruptcy fraud.
It is imperative for Susman and the EC to make sure the preferreds gat paid off 100% because if they do not I am afraid enough of the preferreds are in weak hands that they would approve the debtors POR to cancel commons if they offer even 40% of face.
I personally think that the EC is aware of this and are prepared to counter any attempt by the debtors to do an end run via the prefferred voting block