you have no right to sue if you experience no loss.
remind them that there were some, like myself, who did not file a claim and yet have suffered a loss. that is, NO return of capital. through the web, i have notified them many times my position.
the Law is funny about this stuff. after the Blah, blah, blah period....we'll see.
you may get your 2%, yet. perhaps with interest (taxable).
:-)