Friday, July 11, 2014 8:27:38 AM
Kudos to boarddork and others who found the dead body of WAMU in the Mortgage Pools. Knowing where WAMU buried the dead body is almost as good as the day the Trustee appointed the Equity Committee or the date of Nate Thoma.
Now that we know there actually is a dead body, it would be good to know other things about it. Such as its value, the date someone (FDIC-R?) will return it to us, and will the recipients be escrow or WMIH.
Does the highlighted section of DECLARATION OF JONATHAN GOULDING shown below mean WMIH, or does it mean the debtors own both WMIH and escrow? Does the word “property” mean desks, chairs, and pencils, or does it include the dead body? Many have long thought the debtors have never (maybe cannot until closure of PA&A) severed the umbilical cord, attaching WMIH to escrow. The biggest indicator to me that the value of the dead body will go to escrow is that the four hedge funds of insider trading fame valued the dead body more than jail time, more than equitable disallowance, and more than owning WMIH. If the value of the dead body does go to WMIH, watch for the uproar!
Notice the word "estates" is plural.
DECLARATION OF JONATHAN GOULDING located at this link:
http://www.kccllc.net/wamu/document/0812229120213000000000024
DECLARATION OF JONATHAN GOULDING, Page 15, Section 1123(a)(5) of the Bankruptcy Code: The Seventh Amended Plan and the various documents and agreements set forth in the Plan Supplement and other related documents provide adequate and proper means for implementation of the Seventh Amended Plan, including (a) the creation of a Liquidating Trust, pursuant to Article XXVII of the Seventh Amended Plan, (b) the transfer of certain property of the Debtors’ estates to JPMC, the FDIC Receiver, and the Liquidating Trust, as set forth more fully in the Seventh Amended Plan and Global Settlement Agreement, (c) the issuance and distribution of Cash, Reorganized Common Stock, Runoff Notes, and Liquidating Trust Interests, as set forth in Articles XXXI and XXXII of the Seventh Amended Plan, (d) the retention by the Reorganized Debtors of all remaining property of the Debtors’ estates, (e) the cancellation of all documents, agreements, and instruments evidencing Claims or Equity Interests in the Debtors, except as provided in Section 32.4 of the Seventh Amended Plan, (f) the surrender of all instruments or notes, pursuant to Section 32.6 of the Seventh Amended Plan, (g) the curing of defaults with respect to assumed executory contracts and leases, pursuant to Article XXXIV of the Seventh Amended Plan, and (h) to the extent applicable, the adoption and filing of the Reorganized Debtors Certificates of Incorporation and the Reorganized Debtors By-Laws, as set forth in Article XL of the Seventh Amended Plan and the Plan Supplement.
Mostly opinion.
Best regards,
David West
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