Maximunae: ¿no barajas esta posibilidad?
If mediation fails for whatever reason, the Debtor could pull out of the GSA (or first threaten JPM/FDIC that they intend to do so to maybe get them to the table) to divert the inevitable scrutiny of GSA negotiations taint or perhaps aiding and abetting IT via thorough discovery of the SNs while prosecuting the IT claims. Rosen could claim they pulled out because the EC and TPS were simply not satisfied with what the SNs were capable of giving up and it just made sense to consider a more "holistic" approach to providing a confirmable Plan to the court.
This would get the Debtor out of the line of fire which could have likely killed the GSA anyway and would also put the SNs IT prosecution on the back burner pending a new GSA as the basis of a new confirmable Plan. This seems like the long way around when simply (somehow) getting JPM/FDIC to at least let go of the tax refunds and deposit would do the same thing. Unless the EC/SG do a deal with just what they get from the SNs, I just can't see Rosen telling the Judge mediation fails and allowing her to turn the EC/SG loose on the SNs. Way too much could/would happen to too many parties if that were to happen. Perhaps even the senior partners at WGM are telling Rosen to bail if the EC/TPS don't settle and JPM/FDIC won't help end this.
Esto es del EC Cross Appeal:
Section II. 18:
"Thus, the Settlement Noteholders exercised significant influence over the negotiations that led to both the Global Settlement and Modified Plan... The Debtors allowed this (IT) to occur, and EVEN FACILITATED the Settlement Noteholders' insider trading......."
I don't think Susman is just blowing smoke here. If mediation "fails" and the E.C. goes ahead with their suit against the SNH's, then Rosen & Co. could find themselves in a dangerous situation.
If Rosen, Weil, etc., also get painted with IT, what then?