Wednesday, March 09, 2016 7:42:20 AM
...you will see what the following penalty applies to.
"Penalty for making a false statement or concealing property: Fine up to $500,000 or imprisonment for up to 5 years or both. 18 u.s.c 152 and 3571."
...the linked documents are the Code required "Schedules of Assets and Liabilities" for Washington Mutual, Inc. and WMI Investment Corp (the debtors).
...you don't see these documents referenced often when discussion of petition date assets are asserted to be more as they only list the actual assets.
...since the above referenced penalty is on the 'footer of these documents, it clear to a reasonably prudent person that such applies in the preparation, filing and signature of such documents.
...like with the existing (versus asserted) assets in the Liquidating Trust, I don't see any rational link to the penalty associated with this court document to anything else; including verbal statements by any representative of any party in interest in the court hearings.
...regarding Rosen's comment about 'no money for equity; that was the plan by the colluded adversaries.
...that plan got upset by Nate Thoma and a reconstituted Equity Committee which won equity's ownership of the reorganized debtor (with $6 billion of unrestricted NOLs) and $75M from noteholders and an original financing arrangement.
...and equity got the right to exist, and share in any residual in the Liquidating Trust; currently projected as follows in a couple of scenarios.
Background: The calculations depend on the remaining assets after resolution of all estimated recoveries (the largest are tax refunds which are allocated 80% to JPMorgan Chase and 20% to the WMILT per the Global Settlement Agreement (“GSA”) and converted in to cash) and resolution of all claims (some via Appellate Court litigation in process or via claims resolution at the US Court of Bankruptcy District of Delaware and paid in cash).
Note: The recoveries will come after the PIERS (and other creditor classes) are paid in full. As was disclosed by the mediated settlement agreement, equity listed the terms and conditions of 'fair and reasonable. The detailed Equity Support filing for the Plan confirmation has materialized as stated. The important participation of shareholders in the reorganized debtor being the real reward; reorganized debtor with $6B of unrestricted NOL carryforwards. Such details of the settlement, in the Disclosure Statement, was also mirrored and referenced in the ballot instructions for shareholders to decide to accept the 7th Amended Plan and RELEASED.
Additional Notation: The numerator, as per the above, is denominated by all classes of equity for the following calculations; the former P's, the TPS Preferred with the equivalent face, the K's and the Commons; with allocations to preferreds and commons as per the 7th Amended confirmed plan. The K's scenarios are not stated below, but owners of such that understand the relationship of the K's to the P's can easily calculate such recoveries under the two scenarios using mathematics.
These are factual, realistic, common sense recovery calculations based upon the actual WMILT public filings.
Scenario 1. THE TOTAL WIN CALCULATIONS: ALL “Estimated Recoveries (as per Valuation Research, consultants to the WMILT) are “fully realized” and ALL "Disputed Claims" FAIL (further, providing that the budgeted administrative expenses get all expended; if not, this calculation would increase by the unexpended remaining budgeted administrative expenses).
P's - $7.23
Commons - $0.014
Scenario 2. THE 100/50 SPLIT WIN CALCULATIONS: ALL “Estimated Recoveries (as per Valuation Research, consultants to the WMILT) are “fully realized” and 50% "Disputed Claims" FAIL (further, providing that the budgeted administrative expenses get all expended; if not, this calculation would increase by the unexpended remaining budgeted administrative expenses).
P's - $4.06
Commons - $0.008
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