Excelente analisis de Marymbobh
The moment of maximum danger for equity was last November immediately prior to the confirmation hearings and after the Examiner's report had been released. A quick hearing and confirmation of the POR v6 could have cancelled equity shares (many of the prefs locked thanks to Rosen's voting scheme), dissolved the Equity Committee, and distributed the estate assets leaving Equity frozen out in the cold and gasping for breath. Instead, ruled against including the Examiner's report, the debtors brought out some weak testimony in the hearings, the Court asked for more time (Merry Christmas!) and then the Court denied confirmation of POR v6. Rosen and company put a brave face on things and had his 'status conference' for the supposed tweaks that would result in a new POR but...the debtors had suffered a deep wound that continues to bleed leaving them weaker by the day. Now, the motions by the EC for discovery and the appeal to the 3rd circuit are at the top of the agenda but don't forget the TPS security holder's appeal to Federal District Court. Don't want to sound like a pumper but momentum is definitely building for Equity. Basically, the EC is fighting on multiple fronts to bring about a true valuation of the Estate assets in court and it is starting to look like that could happen in some way, shape, or form. So...the high point for Equity was in March 2010 immediately prior to Rosen's announcement of the first POR and the low point for us was after the Examiner's report and before the POR v6 confirmation hearings. We are riding the wave.