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Sunday, May 07, 2017 7:14:41 PM
75/25 Split on Preferred and Common Equity Interests - Thoughts?
In previous PORs the last Creditor standing received ALL spoils
In previous PORs the last creditor standing was part (hybrid) creditor and part equity
This was Piers who would have received ALL spoils in previous PORs
One had to own at least 2 million dollars in Piers to be part of NewCo/WMIH in previous PORs
Judge Walrath turned down previous PORs due to discrimination within the same class in previous PORs
These failed PORs were due in part of having to own 2 million dollars worth hence discrimination
Then the players did what most said could not be done in Delaware Bankruptcy
This was the removal of the Absolute Priority Rule (APR) which was a Herculean task but accomplished
TPS did all they could to be included in Mediation but Judge Walrath steadfastly refused worried about leaks
TPS furiously challenged and lost in Judge Walrath's court
The reason Judge Walrath gave was TPS was considered EQUITY represented by Edgar and Mike from the EC
TPS was allowed a court approved discovery on Equity in Susman's Houston offices in mid Jan/2012
So now we are supposed to believe that since TPS/Preferred are considered Equity they will be discriminated against by allowing the so called APR or "Face Amount" to be reinstated after receiving face plus interest
Now this is what some want us to believe BUT this is NOT how I read the documents plus the 9/1/2012 8K
My view is 75/25 from first dollar all the way through to owning the entire former WaMu Estate
HOWEVER, I may be wrong and will not know until this has played out in its entirety
Remember one thing and that is everyone has been wrong in this case including the original planners and as proof EQUITY SURVIVED
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