Tuesday, August 30, 2016 8:33:55 AM
I expect the Appeals Panel in Perry vs. Lew will equally revisit all manner of rulings before issuing any verdict. There is nothing humorous about this that I note.
My expectation is that a dismissal of the appeal is the most likely outcome. The second most likely outcome would be a ruling consistent with Lamberth and Cacheris that FHFA acted properly within HERA, but UST acted beyond the law with Amendment 3 and must return any funds to FHFA that exceed the original 10% SPD arrangement, or apply them against outstanding liquidation preference. Remand, to me, is a remote possibility.
Ruling today?
JMHO.
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