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Friday, July 24, 2015 10:25:52 AM
Chapter 1 :
An investor asked :
One question for anyone who might know. From the second GSA, we have this section which refers to "Exhibit Z".
Have we ever seen what this exhibit contains? I don't recall ever seeing it, nor can I find it.
https://www.fdic.gov/bank/individual/failed/...ttlement_agreement.pdf
Section 2.19. Loan Servicing. From and after the Effective Date, JPMC shall (a) cause such of its Affiliates to continue to service the loans identified on Exhibit “Z” hereto (the “Loans”) pursuant to the servicing agreements identified on Exhibit “AA” hereto (the “Servicing Agreements”), (b) cause such of its Affiliates to remit to WMI all checks and/or payments received in connection with those loans in its possession and (c) promptly (i) remit to WMI all servicing advances that JPMC is holding with respect to such loans and (ii) provide WMI an accounting with respect to each of the foregoing. Notwithstanding the foregoing, any dispute that may arise relating to the servicing of such loans during the period from and after the Effective Date shall be brought pursuant to such servicing agreements and this Agreement is not intended to create any additional rights, obligations or remedies. The Parties acknowledge and agree that (y) the Loans are the only loans that are or will be, from and after the Effective Date, serviced by the JPMC Entities (or their Affiliates) for the WMI Entities (or their Affiliates or their successors in interest) and that the Service Agreements are the only servicing agreements between the JPMC Entities (or their Affiliates) and the WMI Entities (or their Affiliates) and (z) with the exception of the obligations set forth in this Section 2.19, the JPMC Entities (and their Affiliates) shall have no further obligations or liability to any of the WMI Entities (or their Affiliates) with respect to or in any way related to the servicing of any loans for the WMI Entities (or their Affiliates).
Chapter 2 :
Another investor answered :
The key point is 510(b).
510(b) is an over-funded Claim. More money in the pot, than claims against the pot of goods.
Tranquility Master Fund
Motion of the Official Committee of Unsecured Creditors to Alter or Amend the Court’s Opinion and Order Regarding Subordination of the Claim of Tranquility Master Fund, Ltd. [Docket No. 9301; filed 1/3/12]
Court Docket: #9301
Document Name: Motion of the Official Committee of Unsecured Creditors to Alter or Amend the Court's Opinion and Order Regarding Subordination of the Claim of Tranquility Master Fund, Ltd.
Date Filed: 1/3/2012
http://www.kccllc.net/wamu/document/0812229120103000000000017
“Here, although the Trusts were “issuing entities,” they were not the “issuers” of the securities as a matter of law. The “issuers” were the depositors, WaMu Asset Acceptance Corp. (“WAAC”) and Washington Mutual Mortgage Securities Corp. (“WMMSC”), both wholly-owned subsidiaries of Washington Mutual Bank (“WMB”). Accordingly, the “issuers” of the securities were indeed affiliates of the Debtors. The correction of this error of law will lead to the proper subordination of Tranquility’s claim.”
RELIEF REQUESTED
9.
The Committee seeks to alter or amend that portion of the Court’s Opinion and Order in which the Court ruled that the Debtors have not stated a basis for subordination of the Claim. The Committee requests entry of an order finding that WAAC and WMMSC were the issuers of the Certificates, and that because WAAC and WMMSC were affiliates of the Debtors under section 101(2)(B) of the Bankruptcy Code, section 510(b) applies to subordinate the Claim.
JPM's R-203 OBS is WAAC and WMMSC. The affiliates of the Debtors [WMI and WMIIC].
Therefore, 510(b) is R-203.
$78B repaid.
$48B liquidated.
$38B remain.
"JPM to shed $100B in customers deposits".
Get it ?
My idea for chapter 3 gets away from written content and it goes a little like this :
any ideas for the end ? ;)
First they ignore you ,
then they laugh at you ,
then they fight you ,
then you win .
- Mahatma Ghandi
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