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Re: clawmann post# 493232

Thursday, 10/26/2017 10:44:14 AM

Thursday, October 26, 2017 10:44:14 AM

Post# of 749756
That is correct.Sectionn 1.2 of the liq trust. The sole purpose of the liquidating trust is to convert to cash and distribute the liquidating trust assets to the beneficiaries.

The purpose of the trust cannot be amended. Section 9.9 only allows "provisions" to be amended not the purpose. That section explicitly states that any amendment must be in accordance with the treasury regulation and Section 1.2 i.e the purpose of the trust.

So just based on the foregoing the liq trust cannot exchange its mortgages for shares in a company, because that is not a liquidation for cash. That is an exchange and possibly a taxable event for beneficiaries and a loss of the liquidation trust status. Section 6.3 explicitly states that the liq trustee shall be restricted to the liquidation of the liquidating trust assets...meaning cannot be trading or exchanging those assets.

Sale to wmih? Not allowed according to section 1.6. which states that in no event shall any part of the liquidating trust assets revert to or be distributed to any debtor or Reorganized Debtor..

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