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Wednesday, January 03, 2024 2:38:42 PM
There is something within the legal meaning of paying dividends 'out of funds legally available' obviously a corporation cannot pay dividends while in bankruptcy but why is that any different than a company that is in conservatorship? As many people will say including yourself and Calabria that conservatorship is a type administrative bankruptcy.
It's different in the case of FnF because FHFA has a specific carveout in HERA that allows it to act in its own interests, and (as the Supreme Court put it) by extension the public that it serves, ahead of the interests of the companies.
There is something within that meaning 'out of funds legally available' for dividend payments to treasury that has not been researched by the dumb lawyers.
Anyone can bring any legal claim they want if they're willing to invest the time and money. But given that the Supreme Court ruled that the NWS was a valid act of a conservator (statutorily authorized, i.e. legal), I can't see them ever ruling that directing FnF to pay the dividends wasn't also authorized.
If the lawyers have been so dumb, why haven't you filed your own lawsuit with better theories?
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