Tuesday, December 05, 2017 2:25:21 AM
I beleive your theory is closely related to this filing (Docket#9224):
http://www.kccllc.net/wamu/document/0812229111220000000000006
"...Prior to the filing WMI had directly or indirectly owned all
of the outstanding capital stock of Washington Mutual Bank
(“WMB”) and WMB’s subsidiaries, including WaMu Asset Acceptance
Corp. (“WaMu Asset Acceptance”) and WaMu Capital Corp.(“WaMuCapital”).
WMB originated residential mortgages, which were then pooled
and transferred to special-purpose trusts (the “WaMu Trusts”).
The loans were also pooled with those of third parties into
similar trusts (the “WMALT Trusts”). The Trusts sold securities
to WaMu Asset Acceptance for resale to investors. From 2006
through 2007, WaMu Asset Acceptance sold approximately $71
million in WaMu and WMALT Trust Certificates to Tranquility..."
"...The Court finds that the Debtors have not adequately proven
that the Pooling and Servicing Agreements constitute an operating
agreement under the plain meaning of the statute. Even if they
could, however, they cannot overcome the fact that WMI was not a
party to those agreements... because the agreement
in question is between two non-debtors, it cannot provide a basis
for subordination ..."
"...Therefore, the Court concludes that because the Certificates
sold by WaMu Asset Acceptance were not securities of the Debtors
or an affiliate of the Debtors, subordination under section
510(b) is not available..."
"... IV. CONCLUSION
For the foregoing reasons, the Court finds that Tranquility
has sufficiently stated a claim against the Debtors and the
Debtors have not stated a basis for its subordination.
An appropriate order is attached..."
Reagrding your this part of your post:
"This is why I believe there was a Turnover Action, WMI v WMIIC and the LT claimed ownership of WMIIC's assets in an SEC filing. "
Could you please expand or facilitate link/filing about this??
Thanks in Advance,
Kind regards
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