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Friday, 10/30/2009 3:29:44 PM

Friday, October 30, 2009 3:29:44 PM

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new 8k out just now ->
UNITED STATES

SECURITIES AND EXCHANGE COMMISSION

Washington, D.C. 20549



Form 8-K



Current Report

Pursuant to Section 13 or 15(d) of the Securities Exchange Act of 1934



Date of Report (Date of earliest event reported): October 29, 2009



WASHINGTON MUTUAL, INC.

(Exact name of registrant as specified in its charter)



Commission File Number: 1-14667



WASHINGTON





91-1653725

(State or other jurisdiction of





(IRS Employer

incorporation)





Identification No.)



1301 SECOND AVENUE

SEATTLE, WASHINGTON 98101

(Address of principal executive offices, including zip code)



(206) 432-8887

(Registrant’s telephone number, including area code)



(Former name or former address, if changed since last report)



Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligation of the registrant under any of the following provisions:

o Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)



o Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)



o Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act (17 CFR 240.14d-2(b))



o Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act (17 CFR 240.13e-4(c))





Item 7.01 Regulation FD Disclosure



On October 29, 2009, Washington Mutual, Inc. (the “Company”) and WMI Investment Corp. (together with the Company, the “Debtors”) filed their monthly operating report for the period September 1, 2009 to September 30, 2009 (the “Monthly Operating Report”) with the United States Bankruptcy Court for the District of Delaware (the “Court”) (Case Number 08-12229 (MFW)). The Monthly Operating Report is attached hereto as Exhibit 99.1 and is incorporated herein by reference. This Current Report (including the exhibit hereto) will not be deemed an admission as to the materiality of any information required to be disclosed solely by Regulation FD.

The Monthly Operating Report may be available electronically, on the internet website of the Debtors’ claims agent, Kurtzman Carson Consultants, LLC, at http://www.kccllc.net/.

Limitation on Incorporation by Reference

In accordance with General Instruction B.2 of Form 8-K, the information in this Item 7.01 shall not be deemed “filed” for purposes of Section 18 of the Securities Exchange Act of 1934, as amended (the “Exchange Act”), or otherwise subject to the liabilities of that section, nor shall such information be deemed incorporated by reference in any filing under the Securities Act of 1933, as amended, except as shall be expressly set forth by specific reference in such a filing.

Cautionary Statement Regarding Financial and Operating Data

The Company cautions investors and potential investors not to place undue reliance upon the information contained in the Monthly Operating Report, which was not prepared for the purpose of providing the basis for an investment decision relating to any of the securities of the Company. The Monthly Operating Report is limited in scope, covers a limited time period, and has been prepared solely for the purpose of complying with the monthly reporting requirements of the Court. The Monthly Operating Report was not audited or reviewed by independent accountants, was not prepared in accordance with Generally Accepted Accounting Principles in the United States, is in a format prescribed by applicable bankruptcy laws, and is subject to future adjustment and reconciliation. There can be no assurance that, from the perspective of an investor or potential investor in the Company’s securities, the Monthly Operating Report is complete. The Monthly Operating Report also contains information for periods which are shorter or otherwise different from those required in the Company’s reports pursuant to the Exchange Act, and such information might not be indicative of the Company’s financial condition or operating results for the period that would be reflected in the Company’s financial statements or in its reports pursuant to the Exchange Act. Results set forth in the Monthly Operating Report should not be viewed as indicative of future results.

Cautionary Statement Regarding Forward-Looking Statements

The Current Report on Form 8-K and the exhibit hereto contain certain statements that may be deemed to be forward-looking statements within the meaning of the Private Securities Litigation Reform Act of 1995. Such forward-looking statements are based on the Company’s current plans, expectations, estimates and management’s beliefs about the Company’s future performance. Words such as “anticipates,” “expects,” “intends,” “plans,” “believes,” “seeks,” “estimates” or variations of such words and similar expressions are intended to identify such forward-looking statements. These statements are not guarantees of future performance and are subject to risks and uncertainties that are difficult to predict and which may cause the Company’s actual results and performance to differ materially from those expressed or forecasted in any such forward-looking statements. Some of these risks and uncertainties are discussed in the Company’s Annual Report on Form 10-K/A for the fiscal year ended December 31, 2007 under “Factors that May Affect Future Results.” These risks include, among other factors, changes in business, economic and market conditions, changes in government regulation, and changes in the competitive environment in which the Company operates. Other risks that the Company faces include, but are not limited to, the following: (i) the Company’s ability to obtain Court approval with respect to motions in the Chapter 11 proceeding prosecuted by it from time to time; (ii) risks associated with third parties seeking and obtaining Court approval to convert the case to a Chapter 7 case; and (iii) the potential adverse impact of the Chapter 11 case on the Company’s liquidity or results of operations. Unless required by law, the Company undertakes no obligation to update publicly any forward-looking statements. However, readers should carefully review the statements set forth in the reports, which the Company files from time to time with the Securities and Exchange Commission, particularly its Current Reports on Form 8-K.



Item 9.01 Financial Statements and Exhibits



(c) Exhibits



Exhibit No.







Description

EX-99.1





Monthly Operating Report for the period September 1, 2009 to September 30, 2009, filed with the United States Bankruptcy Court for the District of Delaware.







Signature(s)



Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.






WASHINGTON MUTUAL, INC.





Date: October 29, 2009


By:


/s/ John Maciel

John Maciel

Chief Financial Officer









EX-99

UNITED STATES BANKRUPTCY COURT

DISTRICT OF DELAWARE

In re Washington Mutual, Inc., et al. Case No. 08-12229 (MFW)

Reporting Period: 09-01-09 to 09-30-09



MONTHLY OPERATING REPORT

REQUIRED DOCUMENTS


Form No.


Document
Attached


Explanation
Attached

Schedule of Cash Receipts and Disbursements


MOR-1


Yes




Bank Reconciliation (or copies of Debtors’ bank reconciliations)


MOR-1a


Refer to attached stmt




Schedule of Professional Fees Paid


MOR-1b


Yes




Copies of bank statements


MOR-1c


Refer to attached stmt




Cash disbursements journals





n/a


Refer to MOR 1 for summary of all disbursements.

Statement of Operations


MOR-2


Yes


See attached notes

Balance Sheet


MOR-3


Yes


See attached notes

Status of Post petition Taxes


MOR-4


Yes




Copies of IRS Form 6123 or payment receipt





n/a


Payroll services outsourced including remission of taxes

Copies of tax returns filed during reporting period





n/a


See listing of filings

Summary of Unpaid Post petition Debts


MOR-4


n/a


Detail on face of balance sheet.

Listing of aged accounts payable


MOR-4


Yes




Accounts Receivable Reconciliation and Aging


MOR-5


n/a


No trade receivables

Debtor Questionnaire


MOR-5


Yes






I declare under penalty of perjury (28 U.S.C. Section 1746) that this report and the documents attached are true and correct to the best of my knowledge and belief.









/s/ John Maciel





October 29, 2009

Signature of Authorized Individual*





Date










John Maciel





Chief Financial Officer

Printed Name of Authorized Individual





Title of Authorized Individual









*Authorized individual must be an officer, director or shareholder if debtor is a corporation; a partner if debtor is a partnership; a manager or member if debtor is a limited liability company.











In re Washington Mutual, Inc., et al

Case No. 08-12229 (MFW)


to be rich is more than monetary assets it is also brains and longegivity. youse your brain and do your own dd because my opinionated postings are only for me. do not use.

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