Wednesday, April 17, 2024 12:40:23 AM
CONSERVE AND PROTECT ASSETS/RETAINED ASSETS LAWYERS TALKED ABOUT WHICH COULE BE CARRIED THROUGH WMILT PASS-THRU ENTITY? OFCOURSE WITH EQUITY COMMITTEE AND FDIC TOO, MOST PROBABLY JPM TOO.
in JULY 2010 in the court
We also have in there the part (b) of what is to be
14 retained, and that is because in negotiations that we had with
15 all of the settling parties, with the equity committee last
16 week, with the FDIC, we did talk a great deal about the concept
17 of the retained assets. Now, it's my position, Your Honor,
18 that the examiner doesn't need to do much with the retained
19 assets other than say the assets are retained and therefore the
20 liquidating trust can go ahead and pursue them. They will
21 still be there; they can be carried through.
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IN 2011 Mr.Rosen IN THE COURT
MR. ROSEN: All of that is already reflected by way of
9 the dividends that flow up to the debtors' estate. All of that
10 is in the opening balance sheet of the liquidating trust. If
11 somebody wants a breakdown of that, Your Honor, we will go
12 through the brain damage to do that, and we will include it.
13 It doesn't matter. The number is already there. But if they
14 want the breakdown, so be it, Your Honor. It doesn't matter.
15 We will include it
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In Oct 2011 Mr. Folse in the court about $30 Billion or more flowing back to estates down the road.
And frankly,
4 Your Honor, it would imprudent for the estate to do so relying
5 on the speculative ability to go out and recover up to thirty
6 billion dollars or more in money paid out to someone at
7 somewhere down the road.
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In 2012 EC FAQ mentioned about sources of distributions and WMILT
Equity Committee explained potential sources of recovery and what is LT clearly in 2012 by releasing this FAQ and LT agreement also covered about Trustee's limitations on the ASSETS.
https://www.sbroker.de/pdf/Washington-Mutual-Chapter11.pdf
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In 2012 LT Agreement was executed with what Trustee can't touch
6.3 Limitations on Liquidating Trustee.
(a) The Liquidating Trustee shall, on behalf of the Liquidating Trust, hold the Liquidating Trust out as a trust in the process of liquidation and not as an investment company. The Liquidating Trustee shall be restricted to the liquidation of the Liquidating Trust Assets on behalf, and for the benefit, of the Liquidating Trust Beneficiaries and the distribution and application of Liquidating Trust Assets for the purposes set forth in, and the conservation and protection of the Liquidating Trust Assets and the administration thereof in accordance with, the provisions of this Trust Agreement, the Plan and the Confirmation Order.
https://www.sec.gov/Archives/edgar/data/933136/000090951812000099/mm03-1212_8ke101.htm
Page 22
Thats why Kosturos stepped out before administration started in JAN 2020
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IN 2012 "The following chart summarizes distributions to creditors and equity interest holders in both the Initial Distribution and as represented by the transfer to the WMI Liquidating Trust[color=red][/color]."
https://www.sec.gov/Archives/edgar/data/933136/000090951812000138/mm03-2712_8ke991.htm
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IN 2019/2020 FINAL CLOSURE OF CH11
https://www.sec.gov/Archives/edgar/data/1545078/000119312519294873/d834622dex991.htm page 21
Beyond this, the Bankruptcy Court and WMILT have merely waited for the final reconciliation of remaining claims and monetization of assets.
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IN 2020 after creditor claims were paid off.
WMILT restated and amended LT agreement was executed in Jan 2020 and Trustee was relieved after class 18 is satisfied.In Jan 2020, WMILT appointed Mr.Smith and Ms.Logan as administrators of WMI Liquidating Trust.WMILT restated and amended LT agreement was made between certain parties who are unknown yet.In DEC 2021 they cancelled WMILT.Meanwhile who knows what they did with the whole Enchilada?.May be one hot ticker with some good dividend pay is my wish.
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