Wednesday, January 01, 2020 1:45:35 PM
Happy New Year Doc.
Wouldn't the anti-injunction provisions of HERA prohibit the US Bankruptcy Court from granting jurisidiction to one of the GSE's?
Here is a excerpt from page 9 of the Collins Opinion:
FHFA in either role may also order a shareholder, director, or officer to performany function.30 And in either role it may transfer or sell any GSE asset orliability without consent.31 FHFA in either role also benefits from an antiinjunction provision:
Except as provided in this section or at the request of the Director,
no court may take any action to restrain or affect the exercise of
powers or functions of the Agency as a conservator or a receiver.32
Wouldn't your scenario have to be implemented by the FHFA in a Receivership under HERA? If that was the case would common of JPS have liquidation preference?
I hope there is not a Receivership because common shareholders probably have the most upside in a Conservatorship.
Wouldn't the anti-injunction provisions of HERA prohibit the US Bankruptcy Court from granting jurisidiction to one of the GSE's?
Here is a excerpt from page 9 of the Collins Opinion:
FHFA in either role may also order a shareholder, director, or officer to performany function.30 And in either role it may transfer or sell any GSE asset orliability without consent.31 FHFA in either role also benefits from an antiinjunction provision:
Except as provided in this section or at the request of the Director,
no court may take any action to restrain or affect the exercise of
powers or functions of the Agency as a conservator or a receiver.32
Wouldn't your scenario have to be implemented by the FHFA in a Receivership under HERA? If that was the case would common of JPS have liquidation preference?
I hope there is not a Receivership because common shareholders probably have the most upside in a Conservatorship.
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