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Re: David West post# 517292

Monday, 04/23/2018 4:15:19 PM

Monday, April 23, 2018 4:15:19 PM

Post# of 730352
David, I have to disagree. There has been a general assumption that the safe harbor completely excludes the concerned assets from being affected by the bankruptcy proceeding, including the POR. I believe that's nonsense. The safe harbor protects safe harbored transactions from the bankruptcy court's avoidance and stay powers. Once any assets placed in trust as part of a safe harbored transaction return to the debtor, or - in our case - the debtor's estate, those assets will be treated like any other assets of the debtor and subject to disposition in accordance with the POR. So they would go to the WMILT.

If there were a significant amount of such assets, and they were destined to return to WMIH, the pps would be much much higher.
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