¿Puede la Mediación resultar en POR 7?
Here is what we know. The Judge wants to use mediation to resolve remaining differences in this case so that a somewhat uncontested plan can be brought forth. So, not only is IT being discussed, but other impediments to a plan that need to be resolved. It is clear that the IT allegations and other impediments, if resolved, should directly improve equity's position.
If mediation fails, I expect this to be completely beneficial to equity as this allows equity to prosecute claims against the SNHs with additional discovery that could lead to other details that could also be beneficial in equity's attempt to unravel the GSA. Plus, with additional time, it gives equity a greater shot at having its appeal of the Judge's first opinion heard in district court. So, I do not see any reason for equity to agree to a settlement through mediation that does not provide quite a bit more than scraps.
For mediation to be successful (meaning equity is on board with a new POR), a few things must happen:
1. IT issue handled whereby the risk/reward scenario results in a certain amount of money brought back to the estate that gives equity cash and all of reorganized company. Our problem here is knowing what the downside to moving forward with discovery and hearings and what outcome it could produce. If it is possible that the SNHs could tie up this case for years or that the dollar amount that can be extracted is not as high as we suspect, these things must be taken into consideration.
2. Releases and ability to go after parties outside of BK. Here, we know the big fish are JPM and FDIC and I am sure equity is unwilling to agree to a deal with the SNHs without also getting some concessions here as well. Since the Judge made the mediation process more than IT, it allows equity to pressure the debtor on this point as part of the process.
3. Equity determines new POR as it relates to distribution of remaining assets and reorganization of NEWCO.
Of course, for equity to be on board with a new plan, there must be additional concessions by FDIC and JPM and other changes. Otherwise, equity should just allow mediation to fail and move forward with additional discovery as per the Judge. Honestly, I cannot see how mediation has been fruitful unless FDIC and JPM have hinted that they are willing to make some additional concessions to get full releases and end this thing.
PD: ¿donde estan todas las voces criticas y los chupatintas pronosticadores del fin del mundo que se reian de Preferentes y se la jugaron con sus H? jojojojo