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Friday, June 21, 2024 6:22:16 PM
1) An investor can argue the timing and amount
2) An investor may be even able to argue who will receive the distributions
3) There may even be a few more articles an investor MAY challenge
***BUT, BUT, BUT***ONE ACTION/FACT CANNOT BE ARGUED INTELLIGENTLY AS THERE MUST BE ASSETS TO OPEN A DST!
4) That is, there ARE ASSETS in the WMI DST and NOT TO BE CONFUSED WITH THE NOW CANCELED (12/31/2021) WMILT or the DST COULD HAVE NEVER BEEN OPENED During the first two weeks of March 2012 Prior to the (ED) Effective Date of 3/19/2012- PROOF FOLLOWS:
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"As I (Dmdmd1) posted numerous times, bgriffinokc's $ 20 was WELL SPENT and APPRECIATED to affirm WMI becoming a DST prior to BK emergence which in turn ESTABLISHED/FIXED its "ASSETS" distribution scheme via the 2 SEPARATE EINs:"
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Ask yourselves:
1) Why would WMI convert into a Delaware Statutory Trust (DST), prior to BK emergence on March 19, 2012, from a Corporation and also get a distinctly different EIN/Tax ID#?
IMO...My answer is simple: the bankruptcy remote assets (beneficial interest in MBS Trusts) owned by WMI would be housed in the new DST.
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The following is a list of the Seven Deadly Sins of a Delaware Statutory Trust (meaning all seven conditions below need to be true in order for a DST to be a legal entity):
https://seracapital.com/1031-exchanges/the-seven-7-deadly-sins-of-delaware-statutory-trusts-dsts/
"The Seven Deadly Sins of Delaware Statutory Trusts (DSTs) Explained
ONLY POSTING NUMBER 6 Of The 7 Deadly DST SINS:
6. All Cash, Other Than Necessary Reserves, Must Be Distributed To The Co-Investors Or Beneficiaries On A Current Basis. According to the IRS regulations, DSTs are allowed to keep cash reserves on hand to cover emergency maintenance and repairs issues. However, they are required to share the earnings and proceeds realized from the DST to its beneficiaries within the agreed distribution date. This deadly sin prevents trustee misappropriation of funds and protects beneficiaries’ rights to receive their earnings promptly.
XXX
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