Wednesday, April 09, 2014 2:45:59 PM
Sealing the documents and then paying out money to escrow shares puts all of the escrow shareholders in a new position that would be strategically advantageous to them: now instead of going to court about the unfairness of only receiving a paltry sum of WMIH shares in exchange for signing the releases (shares which we could've just bought without all that arbitration over the escrows to begin with), we're now forced to prove that whatever sum they do decide to payout is an unfair sum of money given the nature of the lawsuit, the escrow shares, etc.
I think it would be easier for them if we had to prove that a sum of money paid out to the escrow shareholders was not fair, because in that case it is *our* burden to show that money we receive is not enough money. This would also require us to forfeit a distribution to us, less we retain whatever distribution they decide on *and then try to sue them for a remainder*. My gut tells me that after all these years, *anything* is better than nothing, and frankly, I and others like me are probably going to be just fine with some fraction of what our escrow shares were initially worth when it comes down to it.
There's just too much ammunition for a case against them if they decide that escrows get nothing.
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