LG, you cannot sign releases for remote bankruptcy assets that were not disclosed. In fact, this is sort of reinforced recently with the LT Q&A only addressing potential assets for 75/25 return as those that are currently left in the LT (37 mil) and those that could potentially return from the FDIC Libor lawsuit. They specifically odentifird those sources but did not address anything that could be bankruptcy remote. If 75/25 applies to everything, they would simply state "all future assets returning to the estate".
I asked ItsMyOption to follow up with an email asking to clarify this. He asked the LT if they had any "knowledge" of any potential returns other than what remains in LT plus potential Libor lawsuit win that would financially benefit escrow markers and there was no response.
Its a simple question that they cannot answer because our releases only applied to assets that were disclosed at the time of signing. That included all the LT had in 2012 plus potential future lawsuit wins such as the Libor suit.
You cannot release for assets that were not disclosed - bankruptcy remote assets. If such release did happe , then the release would state "all future returns to the estate including bankruptcy remote assets".
The only questions now are when the bankruptcy remote assets do return,
1) will they benefit those shareholders that did not release? or
2) will the estate require us to sign another release for the newly disclosed bankruptcy remote assets?