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Message: Re: Regarding Dell License .. No Dell License. I thankfully agree Biajj
3
Mar 26, 2014 06:48PM

you said

If it was in 2013, that would mean that Carl, as President of PDS, subsequent to the 2012 ComAg, would himself have had to have signed off on it.

According to the Creditors Committee Disclosure Statement, there were at least 3 licenses consummated by TPL that were not approved by the Committee. Murray references them in his Declaration and so does Gloria. If DL, in contemptuous violation, refuses to follow a court order to obtain Committee consent for all license agreements, how can we be so sure that he wouldn't circumvent Carl?

P. 3 of 12

On June 1st, June 9th, July 29th, August 17thand November 13thof 2013, the Settlement Committee approved settlements as requested by the Debtor.

p. 4 of 12

On December 10, 2013, the Committee was advised by the Debtor that it had, without the Committee’s consent, consummated two settlements of pending litigation, all of which were clearly contemplated to be within the scope of this Court’s Settlement Protocol Order.


p. 5 of 12

In complete disregard of the Committee’s stated position and in a contemptuous violation of this Court’s Settlement Protocol Order, the Debtor, at Mr. Leckrone’s direction, consummated at least two settlements, without the Committee’s consent, for total receipts of approximately $2,000,000. While it is not clear, it would appear from communications from Susan Anhalt that the Debtor has consummated three or more settlements for between $3,250,000 and $3,700,000.

….Where did the proceeds of these illegal settlements go?

…..This Court should direct the Debtor to immediately disclose how many settlements have been illegally consummated,

http://photos.imageevent.com/banos/tplbk1216172013/Motion%20to%20Appoint%20Trustee%20Main%20Document%2012-16-13.pdf

p. 2 of 4 (Felcyn Declaration)

The Debtor has apparently collected over $7,000,000 through October 2013 during this Bankruptcy Case, and another approximately $3,000,000 of which were not approved by the Committee as required, and has yet to reserve one cent for the benefit of unsecured creditors.

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