There is absolutely no chance that the judge will do this. All of the MTN holders, whether they are the original lenders or not, have exactly the same legal rights. They are all entitled to be paid in full.
well under a ccaa application (which is still hypothetical), these facts will be allowed to be presented to the court appointed monitor who will weight the evidence based on circumstances & fairness. you do have all your original lending documentation supporting your claim, don't you? and don't think for one minute that the entire cbca process initiated by your ilk will not count as further evidence supporting the monitor's fairness opinion:
1) was the agreement signed with the mtn's under duress?
2) was it intended as a "refinancing" or "restructuring proposal?
3) were the oppression tactics orchestrated by the mtn's intended to influence votes?
you're f***ked either way and the bank's lawyers know it. you built this case right in front of the judge's nose.