InvestorsHub Logo
Followers 69
Posts 3511
Boards Moderated 0
Alias Born 01/23/2006

Re: None

Monday, 01/28/2019 12:40:14 PM

Monday, January 28, 2019 12:40:14 PM

Post# of 728272
TO ALL: since Mr. Smith replied in email to myself but addressed it to all this is my response back to all Estate managers. It may be worded a little stronger then it could but I wanted to get my point across.

Mr. Smith,
Cc: WMITrust@kccllc.com; bkosturos@alvarezandmarsal.com; jmaciel@alvarezandmarsal.com;

Thanks for your response to my list of questions and transparent requests, but you muddied the waters even more. We understand how easy it is for “Estate” Trust managers who are all receiving very high salaries from the Estate and can hide behind their “Unaudited” reports and play dumb! Yet provide inside information to those top hedge funds and TAB members closely aligned with hedge funds/personal greed. There are no trading walls between management and those large Hedge funds that have manipulated our securities for years. Mr. Smith you failed to address the many question as a group we presented for the clarity and transparency we requested.

Mr. Smith, I cannot agree with your statement “No assets being handled by the FDIC Receivership (either hard assets or recoveries in litigations) shall flow to the Trust. All assets that were to be transferred to the Trust have been transferred to the Trust in accordance with the terms of the Global Settlement Agreement approved by the Bankruptcy Court.” My note: The receivership is not complete there is “LIBOR” litigation ongoing, and seems clear that JPMC did not pay book value and ether Mr. Kosturos Breached his Fiduciary duties to maximize Estate value or there will still be a distribution to the Estate from FDIC once it closes and possible not through the Trust.

Mr. Smith as you stated, and I kind of agree - There are no material assets of the Trust other than those that have been disclosed already and no assets are “hidden” or “unreported”. That is only for assets that WMILT currently has or will have under management. It has been of the opinion of most of us that the “Hidden’ or “unreported” assets we want transparently with are those assets that have been in their Legal isolated state and “Off Balance Sheet Assets” such as the hundreds of separate Trusts all managed by off book banks and other trustees – and separate from the receivership, FDIC, and WMILT.

It is the “Off Balance Sheet Assets” such as the “Retained earnings” and required percentage of Mortgage Backed Securities that were the property of WMI Holding and held remotely, thus could never be considered by the Bankruptcy Court or discussed publicly by the WMILT until the bankruptcy closes. From court documents it is clear that JPMC Only Received The Servicing Rights To The WMI & Subsidiary’s Massive Loan File ~.

It should be very clear to Mr. Kosturos (Chief Restructuring Office) of the Estate what we are talking about. Mr. Kosturos should understand the value coming to the “Estate” holders after the Trusts I have been talking about such as “Washington Mutual Capital Trust 2001” “Posit” gets liquidated, and that distribution will not flow through the WMILT but through the “Depository Trust Company DTC” and not at the confusing 75-25% split that you have attempted to confuse us with. The 75-25% split is only for and distribution coming through WMILT and yes after paying for all the ”intent to delay”’ litigation and overly high salaries it will not be anything left for the Estate that will flow through the WMILT.

We are still requesting clarity below:
Questions and transparency requested:
• Has the required Adjustment of the DCR (Disputed Claims Reserve) been filed with the courts to complete Class 16 claims and (Tranche 4)?

• If not, why the delay? Council Brian Rosen in 8/30/2018 filing “Motion” #12499 The court has made bench ruling for it. Why has the WMI-LT “Trustee” not carried through with the DCR adjustment?

• Many of us feel the CIC – “Change -in-Control” was recorded end of 2018. Please confirm that FDIC completed CIC to JPM?

• Mr. Kostuos, can you confirm or deny that the “Estate” holders will not receive any distribution on any Estate assets held ether from “Off Balance Sheet Assets” or “Retained earnings” and there will be no distribution from any Trusts outside of WMILT?

• I understand that any distribution through the Liquidating Trust will flow at 75-25% rate. IMO that may only be less than 50 million.

• Please clarify- If any distribution outside of the Liquidating trust and through “Depository Trust Company DTC” - will it flow first to Class 19 Preferred holding until PAR value APR is reached, and then all flow to common equity classes 21/22? OR AT THE 75-25% SPLIT THAT YOU HAVE CONFUSED MANY ABOUT???
• Please explain any other forms of possible distribution of Estate assets to those that filed their 41.6 release and w-9 forms submitted? Like Share for Value exchange for COOP stock?

• There is still shares remaining in disputed share reserve when and how will they get distributed?

• Is there any Debtor owned Safe Harbor assets being held outside the bankruptcy? Yes or No. What is approximant value in billions? Our own DD shows there is A LOT and it should flow through the DTC directly 30-152 billion range.
• When the “Washington Mutual Capital Trust 2001” “Posit” a CMBS Trust, an assets of the Holding comp., which including some $30 billion (ish) in foreign bank branch deposits alone, and many other “Estate Assets” or “Trusts” now mostly all liquidation status and held within a “trust” under Delaware laws and waiting for distribution to Estate Holders. Will those distributions flow? - through the DTC system? , or through the Liquidating Trust and is there any pro-rated formula for those distributions like the 75/25% split?

• When the “Retained earnings” talked about in court documents get distributed will it flow though the DTC? Also please give an estimate on the value? 10-20 billion? 20-30 billion? Or more?
• Is there any complete list of Assets given to JPM such as 3(a) asset list that was missing and what value JPM paid for them? I would think our “Trustee” has that list.

• Is there a complete list of all 363 sale of assets that our “Trustee” has and value of the sale of those assets?
Sincerely,
David
CC: chad.smith@wamuinc.net; WMITrust@kccllc.com; bkosturos@alvarezandmarsal.com; jmaciel@alvarezandmarsal.com;
Volume:
Day Range:
Bid:
Ask:
Last Trade Time:
Total Trades:
  • 1D
  • 1M
  • 3M
  • 6M
  • 1Y
  • 5Y
Recent COOP News