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Reply of the Texas Group to Debtors' Opposition to the Texas Group's Motion for Determination Regarding Waiver of Privilege
www.kccllc.net/documents/0812229/0812229100923000000000002.pdf--------------------------------------------------
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fsshon Share Thursday, September 23, 2010 5:07:39 PM
Re: uzualsuzpect post#
237271 Post # of 237295
I just want to say "GOOD JOB TEXAS GROUP" they just brought the entire attorney-clinet privilege defense of the Debtors "Front and Center and that in turn brings in the LEGALITY of the GSA." Now we will have a valid argument presented to THJMW "in issue" and let her rule (accordingly to the law) on it. lets see how Andrew tries to "spin" the debtors filing a couple of days ago.
It looks to me like the Debtors took the bait and Texas Group has a prepared brief discounting their defense ready to go. These guys are coming back. Debtors attorneys are barking up the wrong tree with this defense, beause they have failed to meet the legal requirements of A-C (attorney-client) Privilege.
TPS is challenging them also..TPS is arguing the Attorney-Client worksheet product is not privileged and should be released to the court. These are WMB bondholders and they are not going to back down easily. I like this brief, it calls into question the true "legality" of the GSA and it applicabilty to the POR. This is a good brief.
Most liklely written well in advance of the Motion. Wit some revision to reflect the reply...
Now we have TPS and Texas asking to release the GSA worksheets. I wonder if THJMW will assign this repsonsibility to the Examiner "ALSO!"
Good Job Texas !!!
~Don~
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fsshon Share Thursday, September 23, 2010 5:09:13 PM
Re: None Post # of 237296
§ 1129. Confirmation of plan
(a) The court shall confirm a plan only if all of the following requirements are met:
(1) The plan complies with the applicable provisions of this title.
(2) The proponent of the plan complies with the applicable provisions of this title.
(3) The plan has been proposed in good faith and not by any means forbidden by law.
(4) Any payment made or to be made by the proponent, by the debtor, or by a person issuing securities or acquiring property under the plan, for services or for costs and expenses in or in connection with the case, or in connection with the plan and incident to the case, has been approved by, or is subject to the approval of, the court as reasonable.
(5)
(A)
(i) The proponent of the plan has disclosed the identity and affiliations of any individual proposed to serve, after confirmation of the plan, as a director, officer, or voting trustee of the debtor, an affiliate of the debtor participating in a joint plan with the debtor, or a successor to the debtor under the plan; and
(ii) the appointment to, or continuance in, such office of such individual, is consistent with the interests of creditors and equity security holders and with public policy; and
(B) the proponent of the plan has disclosed the identity of any insider that will be employed or retained by the reorganized debtor, and the nature of any compensation for such insider.
www.law.cornell.edu/uscode/html/uscode11/...01129----000-.html--------------------------------------------------
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WithCatz Share Thursday, September 23, 2010 5:14:55 PM
Re: None Post # of 237296
AMENDED agenda for tomorrow 9/24 now online.
Amended Agenda now up:
www.kccllc.net/documents/0812229/0812229100923000000000003.pdfChanged items are in bold in that document
Looks like they updated a few of the "Omnibus Claim" items that THJMW just signed.
And the big one, to me, is that the TPS Document Turnover "status" conference is now moved to Oct 8th.... PDF page 79 hmmmmmm........
I mean, that would be big in court tomorrow, and I'm sure that TPS would want to argue it. Anything more, and it's 8-ball for that thought.
But the TPS arguments on that "Global Settlement Worksheet" being "privileged" was updated, PDF page 81, with their latest filing objecting today to the debtor's objection. And that WILL be heard tomorrow.
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Zitatende
MfG.L:)