Friday, February 03, 2023 11:27:21 PM
Wrong. The Supreme Court said that 4617(f) does not bar judicial review of actions FHFA takes that are beyond its statutory authority. From page 19 of their opinion:
FHFA wiping out the juniors for no (or little) return consideration would be an effective repudiation of the juniors' contracts. FHFA's authority to do so under 12 USC 4617(d)(1) expired long ago, so a lawsuit over that would not be subject to 4617(f) which is what the Supreme Court used to toss the APA claims regarding the NWS.
Possible, but only through receivership.
Saying "worse" betrays ignorance of the capital stack and its ramifications. If the juniors somehow lose, the commons must lose at least as hard.
You gave empty generalities, I gave specifics. You lose.
Nope, just more wishful thinking.
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