>> If Judge Walrath's hands are tied due to Supreme Court (Stern) and Appeals Court (Anico) decisions, what are the plausible steps for her to move this BK process forward?
>> Using ANICO and Stern, Judge can reverse herself on the GSA, which means Rosen/Debtor's POR efforts upto now become meaningless since POR is based upon the GSA.
>> Judge can probably rule that A > L, based on $4B deposit, Tax refunds, NOLs and other valuation matrix already submitted by PJS. But, will she do it?
>> EC/Susman can be asked to present an alternative POR because Debtor/Rosen has failed miserably to present an approvable POR.
>> Judge Walrath has to find a way to move this BK process forward. Probably, she can do it by shooting down the GSA due to lack of jurisdiction and then shift the main focus to valuation/claims/assets of the estate.
>> If Judge/Debtor decides to take chance with current POR v6 based on the GSA, then they will be faced with same dead end when the por v6 gets shot down by EC & TPS.
>> Rosen may come up with a slimy response to TPS, as usual. But, can/will the Judge depend on Rosen to circumvent Supreme Court and appeals court decisions? I doubt.
>> Judge should know by now that her rulings/opinions are primed for appeal and hence she can't pretend to be naive. Judge will have to find a way to move the BK process forward. One way to get it done is by slamming Debtor/WGM/JPM/FDIC/SNHs for their lack of cooperation to reach a concrete settlement with Equity holders to end this BK.