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uh...

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let it go

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see if they get involved

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alrighty twelve o'clock right

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let's

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you ready to go care

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let them all in

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alright

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good afternoon everyone

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thank you for joining me remotely

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this is the

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block five

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it matter

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and

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we're having the call

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on the request of

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by correspondence behalf of the committee

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mister stoltz's correspondence

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and

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let me

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make sure i see who's on

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alright

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essentially we're having an informal though we are on record

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scheduling

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discussion

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and

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let's start with uh... i see

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a lot of faces that i've known over the

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past decade mister stoltz and mister

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use it in this is a road up

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i've seen faces of those

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who've appeared in front of me recently mister jones and mister stark

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and others and of course are u s trustees council

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uh...

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it's always a pleasure for the court too

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work with

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the best of the best and

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i i see the best of the best in front of me

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uh...

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as far as expertise in professionalism

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the problem with working with the best of the best is that

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they're there for a reason

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that they are the most frightened

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uh...

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them

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the most ardent in their advocacy

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and uh...

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they work the hardest to produce for their respective clients

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meeting is being recorded

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courses

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i know as well that

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we're talking about two types of hearings

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the retention application

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for

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uh...

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malice

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we're talking about a curb

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and if i gave you all

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two hours

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to argue those you would do it effectively if they gave you all two

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days you would do it effectively

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problem is i don't have

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and it's difficult to find two days

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to allow for that

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but i need to give you more than two hours

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so it's trying to come to what's a reasonable

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midway

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i'm going to hear from you all

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uh...

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i'm going to first lay out

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my thinking about how to best go about this

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if it and hopefully

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it'll comporter will be you'll be viewed as as workable

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i actually try to contribute by clearing a two-day mediation that i had this week

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off my calendar

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uh...

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to the chagrin of

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several attorneys

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that that mediation was scheduled for thursday the twenty-six

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and the twenty-seventh

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uh... i already knew the twenty-seventh i was gonna have to push them

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uh... but

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i tried to make time

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this is a curb motion and this is

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an objection to a retention

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as i said the court it finds it hard to

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allow for multiple

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days of hearings on these

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i don't think that works well for the case for the estate as well

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for the cost involved

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i would envision that this can be done

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in a day

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here's my outline of how how to go about it and then we could talk about it

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we would start with the curb because i know the witness availability is an

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issue

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we would use

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the

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declarations

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that have been on file

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starting i think

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the last one i saw was six o'clock this morning

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i know of three potential witnesses

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uh... just a few car trail

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megan crowell

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and for the committee possibly matthew manning

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but those are the names that i've seen on the declarations i would

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use those as direct testimony

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we would then

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allow for cross-examination

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i think four hours of testimony

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would suffice leaving an hour and a half

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of argument

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on the curb

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that's a total of five and a half hours

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and i would i don't believe we need testimony on the retention application

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i have some thoughts on that as well

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i'll talk about later

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i would leave an hour and a half for argument

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that's seven hours

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that would be starting at nine

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taking a half hour

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lunch break because there's nowhere

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in trenton that

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you can go anyway

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and

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that would leave

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and you've all experienced that

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uh... and that would leave

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uh...

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going to four thirty

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if we did that on january twenty six that would leave the friday the twenty

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seventh

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for a limited matter of spillover if we needed

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understand calendar is tough if we do it on the on the twenty seventh

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we would get it done on the twenty seventh

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a mac glued to

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staff here is workable we could stay longer

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that's my time frame that's what i think

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it could be done

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i know you all have been at it longer than i have on these issues

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uh... and have

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possibly different ideas

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by the respect to the

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i don't know if i'm pronouncing for a malice

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uh...

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retention application

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i've reviewed the proposal i reviewed the counter proposal

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a huge gap

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well it's significant

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think the parties may want to consider

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with respect to three types of fees the restructuring

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the sale fee

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transaction fee in the mining asset

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sale fee

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problem maybe employing a sliding scale that takes into account the numbers

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you have in your proposal

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uh... and the counter proposal as a minimum and maximum

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and just tie it to

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a performance

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gave you know dollars or potential

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recovery or transaction

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something along those lines

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uh... i don't want to take a few again you all have more expertise

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in these areas

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that's something that i think

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we should

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uh... countless our expensive our

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attorney time on trying to

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uh...

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litigate

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with those thoughts

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since it was the committee's initial request

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for

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by letter let me first turn to the committee and i'll turn to debtors

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council

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i don't know who wants to time and for the committee

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this is a bit of a particular character

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uh... and thank you for accommodating that's what i think that i asked for

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that for the call because my experience in the people who are always productive

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and i know you're on all doctors

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uh... maybe will offer less the more we accept

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uh... but that we appreciate your honor the availability and uh...

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improvement to come

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this is a great

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thank you honor jack john it's uh...

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for our public for the committee and we do appreciate you taking the time your

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honor let me say

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at the outset night i think uh...

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i think i think that there is uh... at all terms of split agree with me we we

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don't like to have to take up the court's time with procedural matters we work hard

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to it

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resolved the actually sometimes most of the time we do

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uh... but sometimes we can't and and that's why we here

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and i also want to be responsive bomb

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to some of the things you said let me just start with those because i think

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they are helpful and instructive

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uh... your car comments on

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i think all of you say morelis

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somewhere between you'll get it right uh...

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with respect to morelis your honor i i hope

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your comments can actually help respect to

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a conceptual resolutions

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i think they were instructive uh...

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frankly

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we've found you know we wanted to come out on that is is somewhat akin to what

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you said which is a result based

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or performance based

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uh... metric in terms of compensation so i won't say anything more about that

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but i'm hopeful that your comments

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might help us

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uh... get to a conceptual resolution

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i will be

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uh... i also agree on what you said about it one day trial on both of these

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motions i i i agree wholeheartedly with that

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and although it i i think it's quite difficult we we think we can do that

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the problem

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is i'll call the problem this week is the problem and let me tell you why

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uh...

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and again all we really want is to have a level playing field that's all we ever

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want you as you know

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sometimes we take on very much uphill battle for cases and

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and uh...

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something i'd love to do and and that may be the case here uh...

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but we will take it on but we just want to have a level playing field and and a

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fair opportunity

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to present a case both argument and and the evidentiary records so let me just

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tell you why

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trying to do that this week is virtually impossible i think impossible

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uh...

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we we received last night as you know this morning uh...

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uh... the debtors filed a fourteen page expert declaration

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and a twenty three page witness declaration of about two o'clock this

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morning

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uh... those related to the car

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we're told that they will

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i don't know if they'll be similar in length or what but there will be

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other declaration filed by tomorrow

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on molus on the molus retention

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uh... and you're on a really expect we did file mister manning's uh...

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declaration

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uh... we do expect to have what i call a more

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both of that relation

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uh... probably from somebody

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uh... more senior

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uh... at m three which we expect to be in the pile today at some point of the

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evening

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uh... those those would be the uh... the declarations that you had before you

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uh... but we would also expect to father uh... we we have we have no documents

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uh... we try to do this informally and just ask for any documents

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that would either supportive of the motions

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where that would be used at trial in support of the motions

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uh... we don't have those i'm not complaining about it but we need to get

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those in fairly short order

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so that we can properly prepare

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uh...

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we have not been able to do any deposition as you i think you're on

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the post-correct

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but just with you we will witness it

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uh... even except in the debt the death that had been filed

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there would be being uh... it would be missed out trial

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it would be

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this call

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uh... there would be on our side it would be m three our expert deposition

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uh... we also were considering your honor having a committee member

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testify

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obviously uh... somebody who's

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interests are directly affected in both cases because then and all of us

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on the best in front of the consideration your honor so

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that would be uh... it and if we do have that person

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that would be at least

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or deposition that have to take place

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and we would need to get the other day the documents

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uh... even if that would happen today or tomorrow

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uh... we would then need to conduct for deposition

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and get ready for trial

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i

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i've got a lot of crazy stuff under time

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a compressed time your honor

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i don't think we can do that by by Thursday certainly not

280
00:13:24,600 --> 00:13:29,800
uh... i really don't think we can do it by Friday and i'll be honest your honor

281
00:13:29,800 --> 00:13:31,000
uh...

282
00:13:31,000 --> 00:13:35,320
having a weekend to properly get ready for trial often is critical

283
00:13:35,320 --> 00:13:38,440
because even if we finish the last deposition

284
00:13:38,440 --> 00:13:39,480
thursday

285
00:13:39,480 --> 00:13:41,240
we wouldn't have a transcript

286
00:13:41,240 --> 00:13:42,720
so Thursday night

287
00:13:42,720 --> 00:13:45,760
and then we need time obviously to review the transcript

288
00:13:45,760 --> 00:13:48,800
prepare our examination to cross examinations

289
00:13:48,800 --> 00:13:49,880
and get ready

290
00:13:49,880 --> 00:13:53,120
so long story short your honor

291
00:13:53,120 --> 00:13:57,440
uh... what i'm not complaining about the time compression here

292
00:13:57,440 --> 00:13:58,400
uh...

293
00:13:58,400 --> 00:14:01,100
i thought we were going to go

294
00:14:01,100 --> 00:14:02,160
uh... was

295
00:14:02,160 --> 00:14:07,220
there there's a hearing scheduled on the thirtieth on monday

296
00:14:07,220 --> 00:14:13,200
uh... and my my my realistic hope out of today while i would have hoped for even

297
00:14:13,200 --> 00:14:16,080
a better result what i thought was going to happen

298
00:14:16,080 --> 00:14:19,880
was you would tell us will move everything will hear everything

299
00:14:19,880 --> 00:14:25,240
on monday that would give us a reasonable period of time to do what we need to do

300
00:14:25,240 --> 00:14:27,160
and get ready for uh...

301
00:14:27,160 --> 00:14:28,720
you know for everything

302
00:14:28,720 --> 00:14:32,200
uh... on trial on monday

303
00:14:32,200 --> 00:14:35,640
i'll just stop there and take a breath your honor and see if you have questions

304
00:14:35,640 --> 00:14:38,400
or want to hear from others and i'm happy to

305
00:14:38,400 --> 00:14:40,560
you know i i didn't want to address any of this

306
00:14:40,560 --> 00:14:42,000
the substance that it

307
00:14:42,000 --> 00:14:44,520
i think that's what we would hear for appropriate

308
00:14:44,520 --> 00:14:45,440
uh...

309
00:14:45,440 --> 00:14:48,520
if there's anything if you have questions are i'm happy to address

310
00:14:48,520 --> 00:14:51,000
your honor it's robert stockard

311
00:14:51,000 --> 00:14:52,120
i i have

312
00:14:52,120 --> 00:14:55,240
i didn't want to say anything i think i could offer something that might be

313
00:14:55,240 --> 00:14:57,500
helpful in some context

314
00:14:57,500 --> 00:15:00,200
if you're not going to allow me i know that's not normal for having you

315
00:15:00,200 --> 00:15:02,880
no go ahead

316
00:15:02,880 --> 00:15:07,820
thank you all i want to say that the i'd be very very confident

317
00:15:07,820 --> 00:15:08,920
when you are

318
00:15:08,920 --> 00:15:10,480
with saying look

319
00:15:10,480 --> 00:15:12,340
it's a car

320
00:15:12,340 --> 00:15:15,020
and it's a retention application

321
00:15:15,020 --> 00:15:18,240
we should be able to work these things out

322
00:15:18,240 --> 00:15:19,360
and i

323
00:15:19,360 --> 00:15:23,280
only embrace the tonality of that we haven't been able to work it out

324
00:15:23,280 --> 00:15:25,780
and i think it's important that your honor

325
00:15:25,780 --> 00:15:29,840
appreciate that i think it's in the text of the documents but it's more in the

326
00:15:29,840 --> 00:15:32,240
subtext of the document

327
00:15:32,240 --> 00:15:35,560
and uh... i think this is really what i'm

328
00:15:35,560 --> 00:15:39,140
about evidentiary presentation

329
00:15:39,140 --> 00:15:43,520
what we have here your honor not an operational company

330
00:15:43,520 --> 00:15:49,000
today doesn't make anything about the time you can't really provide services

331
00:15:49,000 --> 00:15:52,280
there are a hundred employees that are getting paid

332
00:15:52,280 --> 00:15:53,300
it sort of

333
00:15:53,300 --> 00:15:56,000
maintain idle

334
00:15:56,000 --> 00:16:00,220
and then the retention is to convert idle into something that

335
00:16:00,220 --> 00:16:02,400
open headquarters believe

336
00:16:02,400 --> 00:16:04,320
could be more valuable

337
00:16:04,320 --> 00:16:08,660
in terms of a creating this the estate

338
00:16:08,660 --> 00:16:09,940
turn it off

339
00:16:09,940 --> 00:16:12,300
they may be right they may not be right

340
00:16:12,300 --> 00:16:15,600
our position is that we just don't understand it

341
00:16:15,600 --> 00:16:18,240
before the decision has been made

342
00:16:18,240 --> 00:16:21,920
but this is not the normal better and make spent about what happens when our

343
00:16:21,920 --> 00:16:23,720
credo

344
00:16:23,720 --> 00:16:25,360
you double-digit

345
00:16:25,360 --> 00:16:28,880
double tens of millions of dollars as we're trying to figure that out and

346
00:16:28,880 --> 00:16:30,840
maybe that contested matter

347
00:16:30,840 --> 00:16:34,360
will help elucidated discovery is produced when we learn to discover in

348
00:16:34,360 --> 00:16:36,400
the trial what ultimately

349
00:16:36,400 --> 00:16:40,760
is the risk or profile of expanding fifteen twenty twenty five million more

350
00:16:40,760 --> 00:16:42,520
because more expensive

351
00:16:42,520 --> 00:16:45,980
about an idle company in this industry environment

352
00:16:45,980 --> 00:16:49,520
is it's terrible to reorganize or because i have the question

353
00:16:49,520 --> 00:16:51,880
it's not just these expenses

354
00:16:51,880 --> 00:16:55,000
it's the whole that you have to fill on top of that

355
00:16:55,000 --> 00:16:59,080
in terms of money that's there to kind of move the company forward

356
00:16:59,080 --> 00:17:02,420
between twenty million of the fifty million on top of the twenty twenty

357
00:17:02,420 --> 00:17:05,120
five million thirty million of the expense

358
00:17:05,120 --> 00:17:08,240
and we have to start in the two hundred and sixty million

359
00:17:08,240 --> 00:17:09,880
our customer deposits

360
00:17:09,880 --> 00:17:12,040
and i want to ask them

361
00:17:12,040 --> 00:17:14,200
what they think about it

362
00:17:14,200 --> 00:17:16,400
that's the front text of the ball

363
00:17:16,400 --> 00:17:21,260
so you are the other nation presentation of not just a corrupt in the normal way

364
00:17:21,260 --> 00:17:25,400
is this possible we need a person and you know that's necessary it's really

365
00:17:25,400 --> 00:17:26,720
maintaining

366
00:17:26,720 --> 00:17:28,180
idle

367
00:17:28,180 --> 00:17:32,580
so that if the strategy that the better want to have

368
00:17:32,580 --> 00:17:36,860
is even forward to that you know more value and the people who

369
00:17:36,860 --> 00:17:41,480
is my mistake or not really been able to understand the answer the question

370
00:17:41,480 --> 00:17:43,400
that the issue that

371
00:17:43,400 --> 00:17:47,720
undergird the evidentiary presentation that the the the dispute that undergird

372
00:17:47,720 --> 00:17:49,840
this whole contested matter

373
00:17:49,840 --> 00:17:53,520
we can't we don't understand where you're going to take a kind of understand

374
00:17:53,520 --> 00:17:54,820
before you spend all the money

375
00:17:54,820 --> 00:17:57,280
at the beginning of our

376
00:17:57,280 --> 00:17:58,600
there are no help for you

377
00:17:58,600 --> 00:18:01,320
not fair enough thank you

378
00:18:01,320 --> 00:18:06,420
anyone else on the committee side

379
00:18:06,420 --> 00:18:08,640
miss bill ski for u s trustee

380
00:18:08,640 --> 00:18:10,180
do you want to weigh in before i go

381
00:18:10,180 --> 00:18:12,360
turn to the better

382
00:18:12,360 --> 00:18:14,960
thank you and and uh...

383
00:18:14,960 --> 00:18:18,760
he's been a part of it

384
00:18:18,760 --> 00:18:21,400
part of the reason i think we're here because of the conflict that just

385
00:18:21,400 --> 00:18:23,000
responded by all the time

386
00:18:23,000 --> 00:18:24,760
regardless of my hearing

387
00:18:24,760 --> 00:18:27,280
and that he can be traveling for something work related

388
00:18:27,280 --> 00:18:31,320
and you will not be available until friday the twenty seven

389
00:18:31,320 --> 00:18:32,640
and to play

390
00:18:32,640 --> 00:18:34,640
that the court and and

391
00:18:34,640 --> 00:18:37,080
not the only one that i needed to be happy

392
00:18:37,080 --> 00:18:39,580
the primary at any other issues

393
00:18:39,580 --> 00:18:42,960
and uh... the possible that i have to be present here that

394
00:18:42,960 --> 00:18:45,980
and i think that it's a no other conflict

395
00:18:45,980 --> 00:18:47,100
on the end

396
00:18:47,100 --> 00:18:52,260
near a few of them

397
00:18:52,260 --> 00:18:54,280
uh... let me turn to the debtor

398
00:18:54,280 --> 00:18:55,200
uh...

399
00:18:55,200 --> 00:18:56,800
this is rather

400
00:18:56,800 --> 00:19:01,140
this is a hard to thank you honor you you start off today sharing by

401
00:19:01,140 --> 00:19:03,600
referencing appropriately so

402
00:19:03,600 --> 00:19:05,540
that's been class professionals

403
00:19:05,540 --> 00:19:07,300
and before i introduce

404
00:19:07,300 --> 00:19:09,960
uh... mister stuff bar to address the court

405
00:19:09,960 --> 00:19:12,320
really fall into that category

406
00:19:12,320 --> 00:19:14,700
if you are to be sure that the

407
00:19:14,700 --> 00:19:17,000
uh... but my friend mister star

408
00:19:17,000 --> 00:19:18,920
references and mister donors

409
00:19:18,920 --> 00:19:20,760
the need for additional time

410
00:19:20,760 --> 00:19:24,000
uh... you know we were involved in this year's case and

411
00:19:24,000 --> 00:19:25,160
there were you know

412
00:19:25,160 --> 00:19:27,720
dot knows how many deposition conducted

413
00:19:27,720 --> 00:19:29,820
within a very short period of time

414
00:19:29,820 --> 00:19:32,320
and just reading was quick to

415
00:19:32,320 --> 00:19:35,240
understand that declarations as

416
00:19:35,240 --> 00:19:36,560
direct evidence

417
00:19:36,560 --> 00:19:38,000
uh...

418
00:19:38,000 --> 00:19:40,480
clearly make the process go

419
00:19:40,480 --> 00:19:41,340
esther

420
00:19:41,340 --> 00:19:43,680
and we have it here so

421
00:19:43,680 --> 00:19:47,400
i would just before mister stuff barbett that's the court

422
00:19:47,400 --> 00:19:50,640
i i i would respectfully suggest your honor

423
00:19:50,640 --> 00:19:52,840
that let's get the show on the road

424
00:19:52,840 --> 00:19:56,020
these are big farms with a lot of talent

425
00:19:56,020 --> 00:19:59,180
and they can put the resources that are necessary

426
00:19:59,180 --> 00:20:00,920
to present to your honor

427
00:20:00,920 --> 00:20:03,780
in exactly the day that you described

428
00:20:03,780 --> 00:20:07,200
there's nothing unique about the retention of investment banker

429
00:20:07,200 --> 00:20:08,960
there's nothing unique about

430
00:20:08,960 --> 00:20:12,520
uh... the car key we have the pleasure of doing it for your honor

431
00:20:12,520 --> 00:20:14,440
i think in two or three hours

432
00:20:14,440 --> 00:20:16,320
in the service of case

433
00:20:16,320 --> 00:20:17,760
so uh...

434
00:20:17,760 --> 00:20:19,760
the lady doesn't help anybody

435
00:20:19,760 --> 00:20:22,240
and uh... i'll now turn it over to

436
00:20:22,240 --> 00:20:24,200
uh... my friend mister stuff barb

437
00:20:24,200 --> 00:20:29,060
thank you missus robertson suspect

438
00:20:29,060 --> 00:20:32,480
and thank you honor and uh... very much appreciate time

439
00:20:32,480 --> 00:20:34,760
uh... i think originally

440
00:20:34,760 --> 00:20:37,640
we had scheduled the court for friday

441
00:20:37,640 --> 00:20:39,240
uh... and most retention

442
00:20:39,240 --> 00:20:40,860
for monday

443
00:20:40,860 --> 00:20:43,840
uh... light of the comments from the u.s. trustee

444
00:20:43,840 --> 00:20:47,220
i think from our perspective is critically important echo mister

445
00:20:47,220 --> 00:20:49,820
charlotte's comments that we get these calendars

446
00:20:49,820 --> 00:20:51,800
and we've been prepared to go forward

447
00:20:51,800 --> 00:20:54,260
with the curb on friday and if necessary

448
00:20:54,260 --> 00:20:57,700
uh... more on monday or if we could do more on friday

449
00:20:57,700 --> 00:21:01,760
we're happy to do that too i think you know from the substantive perspective

450
00:21:01,760 --> 00:21:03,880
mister stark walked into it a bit

451
00:21:03,880 --> 00:21:06,000
uh... there's a fundamental disconnect

452
00:21:06,000 --> 00:21:07,480
between the company

453
00:21:07,480 --> 00:21:10,580
and the committee at this point and it's incumbent upon

454
00:21:10,580 --> 00:21:11,560
our team

455
00:21:11,560 --> 00:21:14,960
to try to correct that over the course of this week which will be and we can do

456
00:21:14,960 --> 00:21:15,840
that

457
00:21:15,840 --> 00:21:19,080
at the same time that the discovery is ongoing

458
00:21:19,080 --> 00:21:22,460
missus don't expect correct documents have been produced and

459
00:21:22,460 --> 00:21:26,020
mister slayton address all that necessary but i don't think it is

460
00:21:26,020 --> 00:21:27,140
at core

461
00:21:27,140 --> 00:21:28,480
and at the bottom

462
00:21:28,480 --> 00:21:33,000
i think the committee believes that we will ultimately end up in a liquidation

463
00:21:33,000 --> 00:21:34,700
and we have the debtors

464
00:21:34,700 --> 00:21:36,580
have a fiduciary obligation

465
00:21:36,580 --> 00:21:38,880
to run out everything in a ground ball

466
00:21:38,880 --> 00:21:40,300
as i like to say

467
00:21:40,300 --> 00:21:43,480
and that's exactly what we're doing and that's what we've done in other similar

468
00:21:43,480 --> 00:21:44,480
cases

469
00:21:44,480 --> 00:21:46,640
and everybody needs to understand

470
00:21:46,640 --> 00:21:48,880
but even if ultimately the result

471
00:21:48,880 --> 00:21:51,040
with a return of customer money

472
00:21:51,040 --> 00:21:52,380
the amount of time

473
00:21:52,380 --> 00:21:54,340
the cost and energy

474
00:21:54,340 --> 00:21:56,480
including at the investment banker level

475
00:21:56,480 --> 00:21:58,360
it's so substantial

476
00:21:58,360 --> 00:21:59,920
that it's not as simple

477
00:21:59,920 --> 00:22:04,880
as simply giving people their money back and i live this through Voyager and everyone

478
00:22:04,880 --> 00:22:06,040
is going to hear

479
00:22:06,040 --> 00:22:08,280
through the direct testimony and argument

480
00:22:08,280 --> 00:22:09,880
exactly that concept

481
00:22:09,880 --> 00:22:11,800
and from the company's perspective

482
00:22:11,800 --> 00:22:15,500
we've severed most all of our workforce as mister starkin said

483
00:22:15,500 --> 00:22:16,960
we need these people

484
00:22:16,960 --> 00:22:18,060
to be employed

485
00:22:18,060 --> 00:22:19,440
this is a curb

486
00:22:19,440 --> 00:22:20,480
not a key

487
00:22:20,480 --> 00:22:23,440
all the executives are taking themselves out of the rain

488
00:22:23,440 --> 00:22:24,640
and in order for us

489
00:22:24,640 --> 00:22:27,200
to either pursue a value maximizing

490
00:22:27,200 --> 00:22:29,280
or concern a third party sale

491
00:22:29,280 --> 00:22:31,540
or even a self liquidation

492
00:22:31,540 --> 00:22:33,160
these employees are critical

493
00:22:33,160 --> 00:22:35,660
and delay in having this approved

494
00:22:35,660 --> 00:22:37,160
and more so with molus

495
00:22:37,160 --> 00:22:38,880
who's out in the marketplace

496
00:22:38,880 --> 00:22:40,560
but no one any benefit

497
00:22:40,560 --> 00:22:42,000
so you are we will

498
00:22:42,000 --> 00:22:43,100
spent time

499
00:22:43,100 --> 00:22:46,680
with the fighters that we always do a bit of a working relationship

500
00:22:46,680 --> 00:22:49,080
but that's the fairly we always agree

501
00:22:49,080 --> 00:22:50,560
and that's part of the process

502
00:22:50,560 --> 00:22:51,720
but we will work

503
00:22:51,720 --> 00:22:53,560
if you can get to a result

504
00:22:53,560 --> 00:22:55,440
but i have a career on friday

505
00:22:55,440 --> 00:22:58,040
animal protection or later than monday

506
00:22:58,040 --> 00:23:01,560
very very important in these cases and we have to hire

507
00:23:01,560 --> 00:23:04,940
if that those hearings today

508
00:23:04,940 --> 00:23:07,300
all right thank you mister suspect

509
00:23:07,300 --> 00:23:11,620
any response or anything else anyone wishes that

510
00:23:11,620 --> 00:23:16,000
if you are just real quick this is my credit for the debtors also i'd

511
00:23:16,000 --> 00:23:19,920
out of the one hand like other discovery and i've worked with the church out of

512
00:23:19,920 --> 00:23:20,760
dot

513
00:23:20,760 --> 00:23:22,660
many many cases before

514
00:23:22,660 --> 00:23:25,920
i've we've gone through this uh... number of times i just want to confirm

515
00:23:25,920 --> 00:23:27,360
for the court that we have

516
00:23:27,360 --> 00:23:30,600
you know they are witnesses available for deposition on wednesday with respect

517
00:23:30,600 --> 00:23:31,640
to court

518
00:23:31,640 --> 00:23:33,560
we've identified who they are

519
00:23:33,560 --> 00:23:36,320
and there's no reason that can't go forward

520
00:23:36,320 --> 00:23:40,100
uh... with respect to documents i did what he said he wanted is

521
00:23:40,100 --> 00:23:42,420
all documents that support the park

522
00:23:42,420 --> 00:23:44,480
that's not a particularly uh...

523
00:23:44,480 --> 00:23:48,160
you know i direct uh... request for information but

524
00:23:48,160 --> 00:23:51,580
if there's any information he walked i'd have to have a conversation

525
00:23:51,580 --> 00:23:55,080
i get a better thing out he was there's no reason for both deposition can't go

526
00:23:55,080 --> 00:23:56,560
forward on one thing

527
00:23:56,560 --> 00:23:58,960
were prepared to the post mister manning

528
00:23:58,960 --> 00:24:02,080
and uh... i think there's no reason that that this can't go forward to get

529
00:24:02,080 --> 00:24:03,880
done before the hearing on friday

530
00:24:03,880 --> 00:24:05,820
we've done it many times before

531
00:24:05,820 --> 00:24:09,560
this is not dot bread surgery

532
00:24:09,560 --> 00:24:14,020
you're not a permanent

533
00:24:14,020 --> 00:24:15,600
we're not talking about

534
00:24:15,600 --> 00:24:20,220
whichever better that mister store that mentioned to you or it's not going to

535
00:24:20,220 --> 00:24:22,340
re-enter the usual case

536
00:24:22,340 --> 00:24:25,760
and now the committee is not dr conclusion

537
00:24:25,760 --> 00:24:29,120
about whether or not this company's reorganize the power

538
00:24:29,120 --> 00:24:30,060
well

539
00:24:30,060 --> 00:24:31,680
or liquidate

540
00:24:31,680 --> 00:24:36,800
we've been very clear that work you want to study the issues because

541
00:24:36,800 --> 00:24:40,400
they took all of the crypto converted into cash

542
00:24:40,400 --> 00:24:42,160
put it in the bank account

543
00:24:42,160 --> 00:24:45,140
and one of you about ten percent of it

544
00:24:45,140 --> 00:24:48,020
you're on that mister sasberg said

545
00:24:48,020 --> 00:24:50,440
all of the ground ball

546
00:24:50,440 --> 00:24:51,720
i think it's

547
00:24:51,720 --> 00:24:55,200
and my community is pretty clear in their view

548
00:24:55,200 --> 00:24:59,520
but that's a lot of money relative to the entirety of the estate

549
00:24:59,520 --> 00:25:02,040
and we kind of want to understand

550
00:25:02,040 --> 00:25:06,000
if we're reorganizing if this is asked number one what does that number two

551
00:25:06,000 --> 00:25:08,920
look like we are a couple weeks ago

552
00:25:08,920 --> 00:25:12,700
and yet to see a business plan yet to find out what the whole is

553
00:25:12,700 --> 00:25:14,300
but now the

554
00:25:14,300 --> 00:25:17,960
but being proposed from all this is to compensate them

555
00:25:17,960 --> 00:25:20,160
if that were to happen

556
00:25:20,160 --> 00:25:24,440
and the fair i think we all can read the newspaper and look outside and sort of

557
00:25:24,440 --> 00:25:27,800
even through the windows blowing out there

558
00:25:27,800 --> 00:25:32,480
paying people to stay in that possibility

559
00:25:32,480 --> 00:25:36,920
it doesn't look very likely looking at the press and transactions out there

560
00:25:36,920 --> 00:25:41,220
that we will get any money for but we have to sign up to a very large free

561
00:25:41,220 --> 00:25:43,480
uh... we totally want to work this out

562
00:25:43,480 --> 00:25:47,540
we've never wanted to have a contested matter of the first time i was out

563
00:25:47,540 --> 00:25:49,260
will present all issues

564
00:25:49,260 --> 00:25:50,420
orderly

565
00:25:50,420 --> 00:25:55,180
and have a fair hearing on everything and we want to minimize it

566
00:25:55,180 --> 00:25:59,880
you know that's not about both ways to if you can actually issue that sort of

567
00:25:59,880 --> 00:26:01,300
internal way

568
00:26:01,300 --> 00:26:03,600
but the tonality of what we're doing

569
00:26:03,600 --> 00:26:07,840
in the family we ask the questions because not only be able to understand

570
00:26:07,840 --> 00:26:09,480
that after asking

571
00:26:09,480 --> 00:26:12,660
we have to do it in that position to do it back for the coming

572
00:26:12,660 --> 00:26:15,460
okay i guess that's how we're going to do it

573
00:26:15,460 --> 00:26:19,520
this is not a small matter this is not just any old carpenter not just any old

574
00:26:19,520 --> 00:26:20,820
retention

575
00:26:20,820 --> 00:26:24,340
it's a ten percent of the estate in its present format

576
00:26:24,340 --> 00:26:28,060
before anybody's had a mac and and and ability to assess whether or not the

577
00:26:28,060 --> 00:26:31,480
path and the top of being allocated to these people

578
00:26:31,480 --> 00:26:34,280
actually is just burning their money

579
00:26:34,280 --> 00:26:35,720
that's the question

580
00:26:35,720 --> 00:26:38,760
nothing much more than that we wanted a little bit of time to ask questions

581
00:26:38,760 --> 00:26:40,480
before

582
00:26:40,480 --> 00:26:42,380
that's how to protect that

583
00:26:42,380 --> 00:26:44,140
mister start my friend

584
00:26:44,140 --> 00:26:46,380
uh... spend more time preparing

585
00:26:46,380 --> 00:26:48,560
for the argument hopefully this week

586
00:26:48,560 --> 00:26:50,100
as opposed to doing that

587
00:26:50,100 --> 00:26:51,200
we're doing now

588
00:26:51,200 --> 00:26:54,040
so we can all get out there

589
00:26:54,040 --> 00:26:57,720
i think that suggested under five and back to you

590
00:26:57,720 --> 00:26:59,720
do you think that

591
00:26:59,720 --> 00:27:01,800
i can feel the love of the friendship

592
00:27:01,800 --> 00:27:03,220
uh... so

593
00:27:03,220 --> 00:27:04,640
uh...

594
00:27:04,640 --> 00:27:08,320
but anyone else

595
00:27:08,320 --> 00:27:09,040
it

596
00:27:09,040 --> 00:27:12,880
uh... it it it it it it it's just a little bit of a little bit of a

597
00:27:12,880 --> 00:27:14,960
uh... don't think

598
00:27:14,960 --> 00:27:17,340
it's reasonable to have

599
00:27:17,340 --> 00:27:19,900
at least three maybe four

600
00:27:19,900 --> 00:27:21,160
deposition

601
00:27:21,160 --> 00:27:23,560
on wednesday and thursday

602
00:27:23,560 --> 00:27:28,840
and be required to be ready for trial on friday

603
00:27:28,840 --> 00:27:29,840
understood

604
00:27:29,840 --> 00:27:31,840
uh...

605
00:27:31,840 --> 00:27:33,240
i guess i'm going to

606
00:27:33,240 --> 00:27:35,280
put you all to the task though

607
00:27:35,280 --> 00:27:36,960
uh... at

608
00:27:36,960 --> 00:27:40,700
i i i don't think the estate i don't think the employees i don't think the

609
00:27:40,700 --> 00:27:41,660
better and i don't

610
00:27:41,660 --> 00:27:43,400
necessarily think the creditors

611
00:27:43,400 --> 00:27:45,680
are going to benefit by delay

612
00:27:45,680 --> 00:27:47,520
uh... and having more

613
00:27:47,520 --> 00:27:49,060
uh...

614
00:27:49,060 --> 00:27:50,400
uh... time

615
00:27:50,400 --> 00:27:54,800
that i lose the thursday the friday that we set aside for this week

616
00:27:54,800 --> 00:27:56,220
uh...

617
00:27:56,220 --> 00:27:57,940
then the in the monday

618
00:27:57,940 --> 00:28:01,160
i will certainly put i'll put off though

619
00:28:01,160 --> 00:28:02,740
molus

620
00:28:02,740 --> 00:28:06,260
uh... retentive but i could do that as part of the day

621
00:28:06,260 --> 00:28:07,560
on friday

622
00:28:07,560 --> 00:28:11,120
will put that on for the monday

623
00:28:11,120 --> 00:28:12,520
that gives us

624
00:28:12,520 --> 00:28:14,640
uh... the full day

625
00:28:14,640 --> 00:28:16,880
uh... on that friday

626
00:28:16,880 --> 00:28:18,240
it gives

627
00:28:18,240 --> 00:28:20,920
you all unfortunately the burden of

628
00:28:20,920 --> 00:28:23,120
getting your ducks in order

629
00:28:23,120 --> 00:28:28,520
uh... on tuesday wednesday and thursday

630
00:28:28,520 --> 00:28:31,520
uh... will hear argument and get a better picture and maybe some of those

631
00:28:31,520 --> 00:28:32,920
answers will occur

632
00:28:32,920 --> 00:28:34,400
over the next three days

633
00:28:34,400 --> 00:28:37,760
uh... and maybe the calls for additional time but

634
00:28:37,760 --> 00:28:40,180
uh... we don't get anywhere if we don't start

635
00:28:40,180 --> 00:28:41,620
so let's start

636
00:28:41,620 --> 00:28:43,260
uh... i appreciate

637
00:28:43,260 --> 00:28:45,560
i appreciate the concerns

638
00:28:45,560 --> 00:28:46,800
we have to start

639
00:28:46,800 --> 00:28:48,440
uh... this is

640
00:28:48,440 --> 00:28:50,360
uh... this was scheduled

641
00:28:50,360 --> 00:28:54,160
uh... a long time ago with the case was filed in november

642
00:28:54,160 --> 00:28:55,620
uh... the end of november

643
00:28:55,620 --> 00:28:59,160
and uh... were already in the end of january

644
00:28:59,160 --> 00:29:00,440
uh... so

645
00:29:00,440 --> 00:29:03,880
it's time

646
00:29:03,880 --> 00:29:07,760
if counsel can agree now as far as the pending motions to seal and i know the

647
00:29:07,760 --> 00:29:09,140
u.s. trustee is objected

648
00:29:09,140 --> 00:29:11,440
on both of both the debtor and the committee

649
00:29:11,440 --> 00:29:12,600
filed their

650
00:29:12,600 --> 00:29:14,800
uh... recent declarations

651
00:29:14,800 --> 00:29:17,280
uh... under seal uh...

652
00:29:17,280 --> 00:29:21,640
i'll rule on them the motion at the outset on

653
00:29:21,640 --> 00:29:23,920
for purposes of the hearing

654
00:29:23,920 --> 00:29:26,120
let's proceed it uh...

655
00:29:26,120 --> 00:29:28,960
use initials instead of names

656
00:29:28,960 --> 00:29:31,600
uh... uh... front

657
00:29:31,600 --> 00:29:34,740
uh... and will be able to go forward and protect

658
00:29:34,740 --> 00:29:35,880
interests

659
00:29:35,880 --> 00:29:37,160
going forward

660
00:29:37,160 --> 00:29:39,680
uh... at least prepare for that

661
00:29:39,680 --> 00:29:41,620
and uh...

662
00:29:41,620 --> 00:29:42,780
in the interim

663
00:29:42,780 --> 00:29:45,420
if there are concerns

664
00:29:45,420 --> 00:29:46,200
tend to work

665
00:29:46,200 --> 00:29:48,000
if their discovery issues

666
00:29:48,000 --> 00:29:51,360
if there's something that arises that you need my attention

667
00:29:51,360 --> 00:29:53,220
reach out for chambers will have a

668
00:29:53,220 --> 00:29:55,040
probably not a zoom call will have a

669
00:29:55,040 --> 00:29:56,080
uh... comfortable have

670
00:29:56,080 --> 00:29:58,920
so it's a series of calls

671
00:29:58,920 --> 00:30:03,520
mister stoltz as you have raised

672
00:30:03,520 --> 00:30:04,880
actor and

673
00:30:04,880 --> 00:30:06,240
to help you know

674
00:30:06,240 --> 00:30:10,200
are moving to feel it can look like they've been through the morning

675
00:30:10,200 --> 00:30:13,620
so we're going to turn that into a party yeah we're going to move

676
00:30:13,620 --> 00:30:17,380
i'm moving everything that was off of the twenty fourth

677
00:30:17,380 --> 00:30:18,840
the the moles

678
00:30:18,840 --> 00:30:21,200
matter will be on for the thirtieth

679
00:30:21,200 --> 00:30:22,160
that monday

680
00:30:22,160 --> 00:30:24,720
will move everything to the friday

681
00:30:24,720 --> 00:30:27,400
uh... the twenty seventh

682
00:30:27,400 --> 00:30:29,080
uh... and

683
00:30:29,080 --> 00:30:32,680
on friday let's start at nine o'clock if you don't mind

684
00:30:32,680 --> 00:30:35,720
so we have the most of the day

685
00:30:35,720 --> 00:30:37,280
and uh...

686
00:30:37,280 --> 00:30:40,400
again with this plan on a half hour break for lunch

687
00:30:40,400 --> 00:30:42,600
but if this is a rising in in the

688
00:30:42,600 --> 00:30:44,520
or you need the court's assistance

689
00:30:44,520 --> 00:30:47,600
just reach out

690
00:30:47,600 --> 00:30:51,360
thank you very much about the fact that you should thank you

691
00:30:51,360 --> 00:31:12,360
thank you

