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Tuesday, November 17, 2015 5:51:51 PM
The "we believe" regarding an empty shell exiting bk' corporation = WMIH, and the possibility of a Net Operating Loss "future value" against potential earnings for WMIH, absolutely, had a very serious purpose and an important value' to the reorganization plan, which was submitted to the Delaware Bankruptcy Court for Plan Approval'
The presentation of the possible future value the possibility of NOL's utilization, which could be of value to WMIH, allowed the court to entertain the exception to Bankruptcy Rule 1129(b) and eliminate the Absolute Priority Rule' ...
and' ... of course the elimination of the Absolute Priority Rule was part of the mediated result for a settlement' ... initially, the ratios were 70/30
Absolute Priority CAN NOT be simply settled away ... the Court needs to be shown that there may be a possibility of a recovery' before the Court will consider this very serious procedure'
Also, the removal of the Absolute Priority Rule allowed for an effect on all classes within the PayOut Matrix' ... it's removal has not and does not limit distributions moving within Attachment H' ... it is not limited to class 19 and class 22 only, at the very well known simultaneous 75 % / 25 % equal distribution ...
The reference to NOL's and the "we believe" were a - means to an end' -
AZ
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