
While I am sure payment and percentage of the profits remain the main obstacles (issues that caused multiple lawsuits during for the Trilogy), Peter Jackson also has other issues he wants settled. One includes fast tracking the films for a 2012 and 2013 release now that the 2011 window has passed. Another major obstacle remains MGM which seems to be taking its time trying to determine how it wants to handle its current financial situation as "a significant delay would be a dealbreaker for Jackson." Both MGM and Warners Bros have wanted Jackson in the director's chair since day one they are highly motivated to try and overcome these and other obstacles to get The Hobbit into official production.
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