I don't know if I agree that "the judge is going to take more time to rule on the SJ". If she was going to rule against it, then why permit the forming of the EC (which I didn't think she would rule on from the bench, the way she did)? IMO, she delayed ruling on it as she became more convinced that common just might be in the money, and therefore deserving of a seat at the table. I don't think that happened for her until it was learned that the NOLs would double (which probably also spurred the Trustee into action (that and the "exigent circumstances" of an impending settlement). Think about it ... common tried twice to get an EC during the course of the BK, and was denied each time. So why 'ok' on the 3rd attempt? IMO, because 'end-game' decisions are going to be made now; decisions that will enforce the need for a speedy settlement at this juncture. It's going to be about settling the CASE, as opposed to one small facet of it (i.e., the SJ issue).
As I've said before, I'd like her to delay the ruling, or even rack it up for a trial. I mean really, how can you rule on $4,000,000,000 and say that there are no "material facts" involved in the dispute?
Jah Guide
Bob Marley