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Ed and Yanik, I posted a message recently to Yanik and I was also wondering the same. With this case being fluid and changing with what we have known for about a month, why would you NOT be buying WAMPQ instead WAMUQ? Just curious if I am missing something.
Buy/Sell questions in reference to the exchanged shares date?
There is all of this discussion going on in reference to the 1/6/2012 date which is at least for now the "date of record" for this POR going forward. If people buy or sell after this date such as this week how do the Brokers know for sure what everybody holds?
Let's say many people sell all commons this week and buy all preferreds, obviously the individuals ownership will be different from the 1/6/2012 record date. It would seem there would have to be a "dop dead date" for the exchange to happen successfully or not, but yet this Disclosure Statement is not even signed yet. What is your take on the latest one can buy/sell and the new share exchange still happen? This seems to be up in the air at this time.
Some people think if one buys/sells shares after this 1/6/2012 record date, that they will not be able to have those share exchanged and are similar to air shares. I do not think this is correct, as I think the 1/6/2012 date was just for voting and nothing to do with your shares being exchanged for NEWCO shares under this plan. Your thoughts please.
Clawman, point well taken and you are correct!
clawman, you said "But I know there isn't. And after reading these boards for so long, I have no inclination whatsoever to want to save the foolish - often raving - post-seizure commons purchasers who were foolish enough to dump huge money into the commons of a bankrupt company. Why did they do it? Overpowering greed that caused them to ignore the extraordinary downside risk. No better than gamblers."
You are so wrong in your statement about greed. There was overwhelming evidence to show WMI was solvent and in WMI's filing they even showed 24 billion in assets with 8 billion or so in liabilitites. Nobody should have to factor in a corrupt Judge, corrupt US Trstee, NOBODY enforcing the rules of bankrutpcy, especially a court who has been constantly aiding and abetting bankrutpcy fraud by not making rulings if the ruling is "case alering and so much more that I do no want to go into.
You act as if the rule of law was followed and if it was, WMI would have been forced to exit chapter 11 as a solvent company and their stock would be trading in the multiple dollar levels. Not to mention a court letting JPM accept money in a Global Settlement that they were not even allowed to accept for accepting TARP.
You are normally a good poster and I am very surprised you would take an approach that supports this entire corruption by calling people greedy when most people saw this as righting a wrong, an opportunity to right multiple injustices and to profit from the law and the U.S. Constitution. All of this by assuming people in fiduciary capacities like a Judge would make decisions based on these laws that many people have perished and are currently sacrificing their lives for!
TPS is it - A stay or not - Thoughts?
Well I have talked about it before and still feel that it can and should happen regardless if the EC has been part of it or has just taken the easy way out. How I define if one has been sold out is if the people working for us say two things and the first is not to worry we will get to it or number two is we need to settle because of the cost and or time.
After all isn’t it what lawyers do is to bill and that part of not worrying we will get to it means that will not happen and you are pretty much toast. Our only hope outside of giving the CRIMINALS a blank check and cards to bypass prison is a stay and NOT by a corrupt Delaware court. What are your thoughts?
1. No Writ of Mandamus
2. Writ of mandamus issued
3. POR signed within 60 days
4. POR denied
JHD51, not to worry, this Judge hates TPS as much as we hate Rosie, Bair, Paulson and Dimon and she WILL NOT give TPS anything and by the way do you REALLY think this corrupt Judge gives a RAT's *ss about following the U.S. Constitution,laws/rules or anything else that gets in her way of aiding and abetting the REAL CRIMINALS here?
Mary, ok then but I do not care how we get there as long as we arrive in care of TPS or not. I am sure TPS would love to have the G.S. broken as well as Willingahm. Maybe we get lucky by default but I will take it!
Only a play-EC get crumbs-This is REAL hope-Certiorari/Mandamus
I have discussed this several times since this plan was announced. I have always thought the EC was indirectly working behind the scenes to kill the Global Settlement. If I am correct, that this settlement was negotiated to put Equity at the table FIRST, kick out TPS knowing they are not going down without the fight being taken ALL the way to the end. This would totally fit Susman’s history of catching the CRIMINALS off guard and to stay at the negotiating table all the while staying in good graces with this court.
Now the CRIMINALS cannot say there “is not any money for Equity” rant. We have seen in billings of the EC and TPS where they have had consistent and very regular discussions for the last few months. We will see if I am correct with this or totally off base, but I can tell you one thing, TPS is NOT going away unless they are taken care and it would seem the “Writ of Mandamus or Certiorari” could be filed VERY soon. I find it hard to believe that TPS/DIMEQ cannot find a higher authority to issue this writ. We shall see.
http://en.wikipedia.org/wiki/Certiorari
http://en.wikipedia.org/wiki/Mandamus
Yanik, the commons rounded to six pennies equal $1.80 for a new share when multiplied by say 30 old shares - six times thirty - so one old WAMPQ equal eighteen new shares which is equal to $1.00 new WAMPQ share with WAMPQ trading at $18.00 per share
Weil/Gotcha/Mangle does the Judges work and she just signs off on it and whatever conclusions they want!
Clarification please on equity purchases/sales?
The 1/6/2012 date of record is fast coming and I wanted to clarify if this just means who is on record of this date or something more. There has been discussion if you make trades after 1/6/2012, you will not be eligible for the conversion. Is this RIGHT or WRONG please?
fwh, to my knowledge, TPS cannot file a "Writ of Mandamus" until 1/14 or later due to they have not been harmed, YET, by POR 7. Now, I understand that DIMEQ has been harmed and can therefore file a Writ assuming they can find someone with more authority than this sold out and TOTALLY corrupt Walrath and IMHO that should not be VERY hard...here is to hoping anyway! The folllowing is what I posted on the boards earlier.
Will Art file a Writ of Mandamus?
Walrath holds true to her beliefs, actions, destruction of the U.S. Constitution and her total alliance with the CRIMINALS! Now, since DIMEQ has been officially “harmed” they can now file a Writ of Mandamus and I am curious if posters think Art will work directly with TPS or if they try and get two separate writs filed.
I would think two would be more powerful as they could take different approaches to get the Global Settlement overturned. Keep in mind, I do NOT think TPS can file a writ yet because their injury has not happened currently but obviously will on 1/14/2012.
Will Art file a Writ of Mandamus?
Walrath holds true to her beliefs, actions, destruction of the U.S. Constitution and her total alliance with the CRIMINALS! Now, since DIMEQ has been officially “harmed” they can now file a Writ of Mandamus and I am curious if posters think Art will work directly with TPS or if they try and get two separate writs filed.
I would think two would be more powerful as they could take different approaches to get the Global Settlement overturned. Keep in mind, I do NOT think TPS can file a writ yet because their injury has not happened currently but obviously will on 1/14/2012.
Will Art file a Writ of Mandamus?
Walrath holds true to her beliefs, actions, destruction of the U.S. Constitution and her total alliance with the CRIMINALS! Now, since DIMEQ has been officially “harmed” they can now file a Writ of Mandamus and I am curious if posters think Art will work directly with TPS or if they try and get two separate writs filed.
I would think two would be more powerful as they could take different approaches to get the Global Settlement overturned. Keep in mind, I do NOT think TPS can file a writ yet because their injury has not happened currently but obviously will on 1/14/2012.
Chiron, Happy New Year to you with the best of luck in all that you do!
Here is to Art & DIMEQ!
A correct ruling by Walrath making DIMEQ class 12 and positive for Equity will not be because she wanted to do the "right" thing, but more of the reason that Walrath has herself cornered. Walrath and Rosie had no doubts early on that this mess would have been ALL over and she would NOT have to rule on DIMEQ.
Just as Walrath felt in her POS POR One that she did not have to rule because she denied the plan, now that poor judgement is coming back to haunt both Walrath and Rosie. Then Susman and Team can make a filing that due to new evidence from the DIMEQ ruling that the EC no longer supports the plan or the Global Settlement due to malpractice and so much more wrong doing that "fair and reasonable" is out!
To help Art and DIMEQ celebrate, they have a new friend!
Here is to Art & DIMEQ!
A correct ruling by Walrath making DIMEQ class 12 and positive for Equity will not be because she wanted to do the "right" thing, but more of the reason that Walrath has herself cornered. Walrath and Rosie had no doubts early on that this mess would have been ALL over and she would NOT have to rule on DIMEQ.
Just as Walrath felt in her POS POR One that she did not have to rule because she denied the plan, now that poor judgement is coming back to haunt both Walrath and Rosie. Then Susman and Team can make a filing that due to new evidence from the DIMEQ ruling that the EC no longer supports the plan or the Global Settlement due to malpractice and so much more wrong doing that "fair and reasonable" is out!
To help Art and DIMEQ celebrate, they have a new friend!
Hey BASHERS, are you READY?
This is either a totally “done” deal or Walrath is ruling that DIMEQ is class 12 making equity more valuable. I will not even go into what that also means, other than to say this will break the “fair and reasonable”, thus destroying the Global Settlement. Then you will see the Susman team make a filing that due to new evidence, the EC can no longer support the plan. This means that what Rosie, WMI Board of Directors and others did by illegally transferring DIMEQ/Anchor litigation/assets to JPM and leaving the liabilities with WMI will come back to haunt them..
There is malpractice by Weasel/Gotcha/Mangle, breach and so much more here that I will not go into, but you can bet the CRIMINALS know. If Walrath wants to bring on TOTAL legal morass by making DIMEQ Equity, then Art will file a Writ of Mandamus along with TPS getting this whole parade of crimes stayed, pending mediation, thus possibly exposing this mutiple crime ridden saga worldwide. Now ALL of you BASHERS sleep well because “IT IS COMING” and it will not be pretty for those on the WRONG side of this.
hard, there is to much to debate about this entire case and I will not debate about an email that was not only verified by several reliable longs but also verified to my satisfaction. I do not care what anybody else believes so take it for what you want and Happy New Year!
Happy New Year ES, yes, a very reliable person named Nate Thoma was asked by the EC to pass the information on to retail holders as they were getting many emails. I believe this was last Monday or Tuesday. I am sure the EC thought Walrath would have her opinion out last week and I think they thought they could answer the questions after the DIMEQ decision. I have no doubts this is true in terms the EC said they would have Q & A's out and I read and believe the email from Nate Thoma.
The EC never said an exact date other than to say in the next few days which has more than past. Personally, I feel when the Judge speaks or whoever speaks first, this is a totally done deal and the foundation that Suman agreed to was just that a foundation with the rest coming. I also feel that it is tied to the DIMEQ decision and TPS filing on the Friday before Xmas, wanting a stay in this case until their appeal is heard. IMHO, TPS will get that stay one way or another unless this is totally a done deal!
Plan tied to DIMEQ opinion-I say this is over lock/stock & barrel!
This Judge has never wanted to rule on DIMEQ and has hated TPS because any remotely correct ruling had to be in the favor of DIMEQ/TPS which goes against this Judge’s Government bosses. Never, has this Judge broadcast WHEN she was going to make a ruling other than to say ASAP and “are we done yet?” This court has said (past Thursday) she will have a ruling by this Tuesday which would mean today, Sunday or Monday. aThis leaves absolutely no time for people to decipher, understand, research and make professional objections that are due on 1/4/2012. Nobody has even remotely said anything or complained about this time span unless it does not matter.
Anytime there is a major opinion affecting a case such as this, there must be adequate time given and there is not. Normally, when there is not enough time or the legal team wants to shorten the time for a response, this would require a filing. Yet, nobody has said anything about DIMEQ’s ruling coming on 1/3/2012/ with objections due on 1/4/2012 for the Disclosure Staement Hearing and I find this very strange unless this is all done. This would also explain why Susman had agreed to a plan before the DIMEQ decision which on the surface appears as a sell-out and I am not buying that, YET!
• We have no time from DIMEQ opinion to objections due on Disclosure Statement Hearing
• The EC making a deal that on the surface appears to be a sell-out
• EC said we will have Q & A’s out and still nothing
• The court broadcasts when she WILL have DIMEQ ruling
• Recently filed TPS objections making their case for a stay pending their appeal
• Very little sense to be made of new plan or just a diversion pending REAL deal Plan tied to DIMEQ opinion-I say this is over lock/stock & barrel!
Plan tied to DIMEQ opinion-I say this is over lock/stock & barrel!
This Judge has never wanted to rule on DIMEQ and has hated TPS because any remotely correct ruling had to be in the favor of DIMEQ/TPS which goes against this Judge’s Government bosses. Never, has this Judge broadcast WHEN she was going to make a ruling other than to say ASAP and “are we done yet?” This court has said (past Thursday) she will have a ruling by this Tuesday which would mean today, Sunday or Monday. aThis leaves absolutely no time for people to decipher, understand, research and make professional objections that are due on 1/4/2012. Nobody has even remotely said anything or complained about this time span unless it does not matter.
Anytime there is a major opinion affecting a case such as this, there must be adequate time given and there is not. Normally, when there is not enough time or the legal team wants to shorten the time for a response, this would require a filing. Yet, nobody has said anything about DIMEQ’s ruling coming on 1/3/2012/ with objections due on 1/4/2012 for the Disclosure Staement Hearing and I find this very strange unless this is all done. This would also explain why Susman had agreed to a plan before the DIMEQ decision which on the surface appears as a sell-out and I am not buying that, YET!
• We have no time from DIMEQ opinion to objections due on Disclosure Statement Hearing
• The EC making a deal that on the surface appears to be a sell-out
• EC said we will have Q & A’s out and still nothing
• The court broadcasts when she WILL have DIMEQ ruling
• Recently filed TPS objections making their case for a stay pending their appeal
• Very little sense to be made of new plan or just a diversion pending REAL deal
JMbell, thank you and happy New Year too. This is a very good summation and the funny thing is I think Rosie ignored her on actually putting the liquid funds aside. This should be real interesting if this Judge rules class 12 which she SHOULD and I think the timing of the Tranquility ruling is telling. I doubt it is "chance" this Judge made that ruling on the eve of DIMEQ going into mediation.
The other is I wonder what Rosie is planning on doing if ruling is class 12 and he did not put the funds aside? Take care and I wish the best for all in 2012 and keep in mind I suspect a twist in this whole WaMu mess. It would NOT surpise me at all if today, tomorrow or Monday, there is a REAL deal that will make this travesty not only a truly Global Settlement, but totally buried lock, stock and barrell forever!!!
fourcents, I will ask you the same questions I asked mrscnt and fsshon.
mrchnt, your read on the DIMEQ situation is very interesting and I think you have an excellent thought process especially with liabilities that will continue with the BOD's as well as others. We know that DIMEQ is in the Global Settlement this court thinks that is fair and reasonable, so my question where does the money come from if the court finds DIMEQ class 12?
There is no way this Judge will disturb the Global Settlement until after TPS gets some sort of Writ filed to stay this entire case. Since the money is all spoken for, given away, tossed and more where does the money come from? We know what happens if she rules it is class 18 or other but interesting on how this is handled if clasee 12 or could this be the reason she cannot put DIMEQ in class 12?
fsshon, your and mrchnt have a good read on this so I will askk you the same question I asked mchrnt.
mrchnt, your read on the DIMEQ situation is very interesting and I think you have an excellent thought process especially with liabilities that will continue with the BOD's as well as others. We know that DIMEQ is in the Global Settlement this court thinks that is fair and reasonable, so my question where does the money come from if the court finds DIMEQ class 12?
There is no way this Judge will disturbs the Global Settlement until after TPS gets some sort of Writ filed to stay this entire case. Since the money is all spoken for, given away, tossed and more where does the money come from? We know what happens if she rules it is class 18 or other but interesting on how this is handled if clasee 12 or could this be the reason she cannot put DIMEQ in class 12?
mrchnt, your read on the DIMEQ situation is very interesting and I think you have an excellent thought process especially with liabilities that will continue with the BOD's as well as others. We know that DIMEQ is in the Global Settlement this court thinks that is fair and reasonable, so my question where does the money come from if the court finds DIMEQ class 12?
There is no way this Judge will disturbs the Global Settlement until after TPS gets some sort of Writ filed to stay this entire case. Since the money is all spoken for, given away, tossed and more where does the money come from? We know what happens if she rules it is class 18 or other but interesting on how this is handled if clasee 12 or could this be the reason she cannot put DIMEQ in class 12?
Es, yes you are correct she did say "by" Tuesday and she also said she would not have it tomorrow but did not quantify if she met tomorrow period or tomorrow meaning not during normal business hours which would be considered 9:00 to 5:30 eastern time.
Maybe this Holiday weekend is the finale!
With this Judge finally saying she is going to rule on DIMEQ by Tuesday, something does not seem right. The objections are due on January 4th, 2012 with the Disclosure Statement Hearing on January 14/2012. This is also the hearing for TPS who is rightfully looking for a stay until their appeal is heard.
It would seem to me they would need more than one day to read, decipher, plan and then to officially object to the opinion that this Judge says will not be out until 1/3/2012. I thought we would hear something about the objection date being pushed out but there was none and nobody even brought it up. Am I the only one who finds this strange? Now I think everybody who is a player here knows that DIME/TPS are not giving up and I would say there is no chance for them to stand by and watch this corrupt court equitably moot them without filing a Writ of Mandamus or something similar. The players have to know this is coming and with this court which has not wanted to rule on DIMEQ/TPS makes one wonder.
This makes me wonder if the CRIMINALS have weighed and calculated through risk assessment if it is not better to go ahead end this entire travesty before they lose untold billions above what they have stolen. Looking at PJS’s recent bill, are they as big of CRIMINALS as the rest or is REALLY something here? I wagered large that there is something more here than meets the eye, just as there was in Kmart. I know about that one very well and this is just a duplicate only better. One way or another, the end is within days, weeks or a few months from now.
No decision on DIMEQ - This action means...Jinsong?
Here we are on 12/28/2011 with no decision on DIMEQ and keep in mind this Judge has never wanted to rule on this as was evidenced in POR Opinion number one. Walrath said since she was denying the plan, there was no need to rule and we know that is a crock. She would have had to rule for Equity, thus putting A>L and Rosie losing control of the Estate to equity. This just could not happen and pull off and cover this worldwide heist of the century.
The objections to the Disclosure Statement are due on 1/4/2012 with the Disclosure Statement Hearing on 1/11/2012, so this Judge has to have her opinion out, when one considers the impending Holiday. I would have to expect some form of twist in this mess, if this Judge does not come out with her ruling like tonight or tomorrow. Obviously, with New Year’s Holiday prolonging this weekend, maybe Jinsong’s long overdue expectation will take some form of truth. We know this Judge has herself cornered with TPS/DIMEQ, so regardless of whatever happens first, it will be VERY interesting!
JMbell, thank you very much for your explanation and I have no doubt with my own due diligence that DIMEQ should fall into class 12 as all the LTW was, is a way to carry the value until the litigation was finished, not representing equity at all, thus would only be valued on what was brought in from the "said" litigation they were deemed for.
Yes, you are correct Rosie would try to do anything he could to misrepresent the actual truth. I think it is "poetic justice" for this corrupt Judge to have herself "cornered" between TPS and DIMEQ. No matter how she rules on DIMEQ now, it will have an adverse impact whether it be DIMEQ or TPS. I am lovin this!
mrcht, thank you for your thoughts and have a Happy New Year. Here is a post from steel on Y and thought he had an interesting perspective on DIMEQ. What are your thought on this?
This appeal centers upon the interpretation of § 101(16)(C) of the Bankruptcy Code. That provision states that "equity security" means "warrant or right, other than a right to convert, to purchase, sell, or subscribe to a share, security, or interest...." 11 U.S.C. § 101(16)(C) (2000). This appeal requires us to decide issues of apparent first impression in this circuit. 1 The primary issues to be determined are whether the proofs of claims of a group of equity holders that include shares of stock (with a redemption provision) and warrants (with a repurchase provision) are properly characterized as "equity securities" instead of "claims" under § 101(5) and whether these proofs of claims could also give rise to "claims" independent of the equity interests. The district court held that the proofs of claims of the equity holders were "equity securities" under § 101(16)(C), not "claims", that the documents that gave rise to them did not also contain independent "claims", and affirmed the bankruptcy court's order sustaining the objection to these proofs of claims.
http://www.law.cornell.edu/uscode/usc_su...
Yes, without doubt it WAS Nate the Great!
I would GUESS between $2.00 and $2.50 per LTW.
DIMEQ decision this week?
When one looks at the calendar you will find that objections are due for the Disclosure Statement hearing on 1/4/2012 with the hearing itself being held on 1/11/2012. With that said, the Judge has to allow at least several days for the lawyers to read, interpret, discuss and lay out their objections. I say having to actually make an important decision in this case has to have this Judge in a VERY uncomfortable position. Let’s see how she plays this hand with what we have a stake. First if she throws Steinberg into almost totally diluted common shares, he will be furious and will not quit with potentially filing a “Writ of Mandamus” or something similar to keep from being equitably moot. Next you have TPS who will quit a nothing and will no doubt make the same or similar filing, especially with this Judge giving the middle finger to Stern, SCOTUS, legal precedent and totally trashing due process.
I have to predict the Judge will take the path of least resistance and put DIMEQ in class 12 or she will have a ton of problems facing her with the potential of having two separate law firms vying for their clients rights for due process. I would also think she has to make this decision between Tuesday and Thursday this week. If she throws DIMEQ into class 12, then she buries many issues which will give this court better chance of getting the POR approved, without being “stayed” due to individuals having their due process trampled on. If this case is stayed, then JPM will be forced intervene as they can ill afford to have the worldwide theft of the century unraveled. Let’s see what the board thinks.
1. DIMEQ awarded class 12
2. DIMEQ awarded class 18-higher
3. DIMEQ claim dismissed
4. Other
DIMEQ decision this week?
When one looks at the calendar you will find that objections are due for the Disclosure Statement hearing on 1/4/2012 with the hearing itself being held on 1/11/2012. With that said, the Judge has to allow at least several days for the lawyers to read, interpret, discuss and lay out their objections. I say having to actually make an important decision in this case has to have this Judge in a VERY uncomfortable position. Let’s see how she plays this hand with what we have a stake. First if she throws Steinberg into almost totally diluted common shares, he will be furious and will not quit with potentially filing a “Writ of Mandamus” or something similar to keep from being equitably moot. Next you have TPS who will quit a nothing and will no doubt make the same or similar filing, especially with this Judge giving the middle finger to Stern, SCOTUS, legal precedent and totally trashing due process.
I have to predict the Judge will take the path of least resistance and put DIMEQ in class 12 or she will have a ton of problems facing her with the potential of having two separate law firms vying for their clients rights for due process. I would also think she has to make this decision between Tuesday and Thursday this week. If she throws DIMEQ into class 12, then she buries many issues which will give this court better chance of getting the POR approved, without being “stayed” due to individuals having their due process trampled on. If this case is stayed, then JPM will be forced intervene as they can ill afford to have the worldwide theft of the century unraveled. Let’s see what the board thinks.
1. DIMEQ awarded class 12
2. DIMEQ awarded class 18-higher
3. DIMEQ claim dismissed
4. Other
gandal, words of wisdom and I agree with most of what you said. Obviously, the CRIMINALS are very upset they have to deal with Equity period, so it goes without saying, they would not want anyone to know exactly what they are stealing. They applied this exact PRINCIPLE in Kmart. They know and that is all they are used to and since we ARE IN on their game, no doubt a plus. It goes against human nature to sign onto anything without knowing, but one has to know the CRIMINALS know and they want it REALLY bad. To me, that is almost enough, but I am bothered that they are negotiating with only three members on the EC.
If only these three people had one hundred percent of the EC interests in tow, that would be good, but we just do not know and enough has surface to show evil. Once this mess is confirmed, it is too late. Personally, there is no doubt in my mind that Susman/Willingham SHOULD and STILL file a "Writ of Mandamus" to get our appeal heard. To me, this makes the most sense and then one COULD always make some sort of deal. Basically, this corrupt court through the G.S is giving away our entire estate and most of our taxes and cash for NOTHING with NO QUESTONS ASKED. Come on, please people, DO NOT let the STOCKHOLM SYNDROME infect you as there is a cure. If the G.S was challenged through ALL available legal resources this Judge COULD NOT prevail folks, it IS THAT SIMPLE.
This Judge simply does NOT carry the power if challenged all the way. We have the Estate paying for our challenges, but I do NOT see them doing everything that is available through legal resources. I have always said one can tell a sell-out or excuse when two actions happen in a case and the first is when you hear the legal team say, do not worry we will get to it and number two, we had to make a deal because of costs. Especially in this case the later is absolute B.S. and not only that but what do lawyers do? They BILL for GOD sakes!!!
Mary, thank you for your thoughts. Take care and good luck to you and others that have been here for so long through this travesty.
Thank you Mary and Happy Holidays so you are in the camp that DIMEQ is debt also as opposed to equity? I guess when the Judge rules, assuming class 12 or 18, then the equities would rise considerably and if the court puts them with the commons, then I would expect the commons to go down to one to three pennies. What are your thought on this?
Mary, so are you suggesting that DIMEQ will be put in with the commons and further diluting them? It would seem to me this should be put in with class 12.
TPS & DIMEQ! A huge trade if one is correct on her DIMEQ ruling!
The easiest way to settle this case is to order the debt put back with the equity and we know Walrath is not capable of that due to her orders, so what does Walrath do with DIMEQ? She has been cornered with DIMEQ and TPS, although different but very similar with how it happened. So with Walrath being forced to rule on DIMEQ and something she never planned has to be very unnerving for her especially with TPS’s filing of forcing her to stay the bankruptcy case pending their appeal.
TPS is correct and when Walrath turns them down AGAIN on 1/11/2012, they will file a “Writ of Mandamus” or something similar and depending on what she does with DIMEQ as they may beat TPS to the punch with this type of filing. No way in hell is DIMEQ going to quit, so due to path of least resistance I will predict Walrath will classify DIMEQ as debt, nullifying a potential adversarial filing by DIMEQ and then will have to deal with TPS. I just cannot believe she wants to put the screws to DIMEQ by making them equivalent of commons, but being a Government employee this could be her marching orders.
http://en.wikipedia.org/wiki/Mandamus