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Re: SamuraiProgrammer post# 657352

Wednesday, 05/26/2021 1:02:33 PM

Wednesday, May 26, 2021 1:02:33 PM

Post# of 734460
Ask yourself how or why was the Liquidation Trust amended. One would think those amendments would deal exclusively with streamlining some procedures for the windup...so why is it being withheld from Alice. The LT is making her sue to get a copy of it. So imo one of the provisions deals with the collection, sale, etc of these assets. It could be the LT owned them all along but didn't need to report them because not in their possession till now or conveniently not valued till now. If the LT has no connection to remote assets, there was no need to litigate Alice's "preferred equity interest" theory. The LT simply could have informed the court that the issue was moot because there were/would not be any assets to distribute according to the 75/25 split. And the underwriters imo would have stayed in Class 18 if remote assets were to be distributed without regard to the 75/25 split. I do not think anything was distributed in part because of Alice's appeals, and perhaps the process of collecting the assets was not yet complete. My thinking is that there are escrow accounts which were created soon after the gsa was entered and that the proceeds due the debtors from the trusts were placed in escrow accounts over the years with instructions when to distribute. Moreover, the hedge funds were in control of the bankruptcy process and imo could have had common eliminated. So why let common
end up besting them on recovery? As a side note, I do not think there is any recovery outside those three trusts that secured the preferred. Also, one should realize that what Alice alleges in her complaint about recovery is based on hearsay upon hearsay. I question the motives of her Source. It could very well be a scheme for shorts. But until all is said and done we will not know who was right or even close to being right.

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