Wednesday, October 19, 2016 2:29:51 PM
Yes, as LG said, I did research the removal of the Absolute Priority Rule (APR) by the Approved Plan ... and all that the removing of APR entailed' within a reorganization process ...
and Yes, the removal of APR was and is no simple task' ... removing APR required an exception to FED Rule 1129(b) be legally enacted' and able to be used'
... in order to accomplish this' ... the Plans Approving Court' needed to be shown, or understand the possibility of a "potential" future value of recovery overflow, that may exceed the actual Plans allowed "Priority Rule" distributions' (the numerical class designations, placed in their proper sequential order) ...
Prior to the Court ordered 2011' mediation beginning, ... the Class 19' TPS(s) were Court determined to be considered "Equity" and NOT allowed to be included in the "ordered" mediation, "due to the fact" that "Equity" (as Class 19 was Court referred to) was already represented ...
So, ... in my own opinion, ... and' ... "due to the fact" that the Court was obviously aware of the Court allowed "First Day Filings" and its obvious approval of the WMIIC separation of values ... that this was enough to allow the Court to inject the exception to Fed Rule 1129(b) and allow for the disregard of the Absolute Priority Rule' ...
P.S ... also, don't forget the distribution of the 1.4 million newco' shares associated with the DCR' last August 2015' ... which ALSO followed the 75% / 25% split' ... I know first hand, since I hold all classes, and the 75% / 25% split was followed
AZ
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