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Wednesday, November 07, 2018 6:48:12 PM
MOTION OF WMI LIQUIDATING TRUST FOR AN ORDER (I) GRANTING
WMI LIQUIDATING TRUST’S OMNIBUS OBJECTIONS, (II) DEEMING THE
CLAIMANTS’ CLAIMS DISALLOWED, (III) AUTHORIZING THE DISTRIBUTION
OF FUNDS IN DISPUTED CLAIMS RESERVE AND (IV) DISMISSING
WMI LIQUIDATING TRUST’S ADVERSARY PROCEEDINGS
NOW PLEASE GET THIS BELOW
WMI Liquidating Trust (“WMILT” or the “Trust”), as successor in interest to Washington Mutual, Inc. (“WMI”) and WMI Investment Corp. (“WMIC”), formerly debtors and debtors in possession (collectively, the “Debtors”)2
,
RELEVANT FACTUAL AND PROCEDURAL BACKGROUND
A.The Debtors’ Chapter 11 Filings
6.On September 25, 2008, the Director of the
Office of Thrift Supervision by Order No. 2008-36, appointed the FDIC as Receiver, which immediately took possession of the assets of Washington Mutual Bank (“WMB”). WMB was a wholly-owned subsidiary of WMI
11.
Between June 2009 and September 2012, the Debtors and WMILT filed
initial omnibus objections to the Employee Claims (the “Initial Omnibus Objections”), 10 which asserted, among other things, that WMI is not liable for agreements entered into by and between WMB and employees of WMB and, even if WMI were liable, no “change in control” had occurred to trigger WMI’s alleged obligation to make the payments claimed.11 The Bankruptcy Court entered a series of orders granting certain of the Initial Omnibus Objections, and disallowed, or in some circumstances, reduced and allowed, the Employee Claims included therein.
THE ABOVE SHOULD GIVE ALL YOUR LEGS A TICKLING FEELING! Now on to the questions at hand ! Below.
NOW ON TO THE LAST HURDLE AS THE EMPLOYEE CLAIMS HAVE BEEN LITIGATED FIVE WAYS FROM SUNDAY AND JUDGE WALGRATH HAS RULED ITS OVER AND DONE! THEY (Plaintiffs) HAVE BEEN TURNED DOWN TWICE BY THE FDIC, FBR UNDER THE GOLDEN PARACHUTE PROVISION & TURNED DOWN or shall we say RULED UPON THEY HAVE NO RECOURSE FOR ANY AMOUNT by two courts let alone even standing in her court now because Judge sleet ruled!
I do not see what people don't get! What Az has been trying to tell all and show is this was one of the last hurdles and until this happened Nothing else could because the FDIC FBR proved to the courts that because no CIC had happened prior 2018 and all of the request for relief fell under the well established
" 12 C.F.R. § 359,
et seq.
(the “Golden Parachute Regulations”) provide that, absent regulatory approval, insured depository institutions, like WMB, and depository institution holding companies, like WMI, are prohibited from making certain payments to an “institution affiliated party” upon or after the termination of that party’s employment or affiliation with the depository institution or holding company, where the requirement to make such payments is triggered by or contingent on the termination and such entity is in financial distress at the time of termination. "
THJMW then spells it out so well and denies them all on all accounts
WMILT engaged in no dilatory or prejudicial tactics. Rather, instead of waiting for what it knew the answer to be handed down, it moved on a parallel path and asked the Claimants
to be involved. They declined. She goes on and spells it out IT OVER, DONE, EXHAUSTED and she orders the claimants denied !!!!!!!!!!!!!!!!! Further instructs all in the Debtors case that adversarial proceedings are done and lets roll out the disputed claims reserve moneys to creditors and get this BK case wrapped up.
As AZ has said this had to happen because this was the last hurdle before the final phase of the 7th plan could be enacted !
http://www.kccllc.net/wamu/document/0812229180830000000000001 " rel="nofollow" target="_blank" >http://www.kccllc.net/wamu/document/0812229180830000000000001
Now please all read the whole doc then you will be a lot more prepared as it is really stocked full of The HOLD UP TO THE PROCESS!
Read Regards,
B
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