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Re: jhdf51 post# 121523

Friday, 11/20/2009 4:00:01 PM

Friday, November 20, 2009 4:00:01 PM

Post# of 730279
It can come at any time and I am largely divided as to when it will come in relation to a decision on the FDIC's Motion to Modify the Stay. The optimistic side of me takes the position that the Judge will be issuing a decision soon - prior to the December omnibus hearing - and the adjournment of the FDIC's motion will render it moot if summary judgment is granted beforehand. The cynical side of me takes the position that the Judge will deny the FDIC's Motion at the December omnibus and then issue a decision granting summary judgment thereafter.

I'm feeling optimistic but the truth is that you really never know what the judge is thinking or why she is thinking it. The wait is killing all of us but alot of people seem to be losing their grasp with reality. Almost all of the decisions and appearances to date - including the recent hearing in D.C. - have been favorable to WMI. Moreover, it is beyond obvious that WMI has a solid case and position against JPM and the FDIC. Either the parties are going to settle the litigation with WMI and significant value will flow down to the commons or WMI will prevail against JPM and the FDIC in what is sure to become one of the largest bankruptcy cases of the 21st century.

IMO, 2010 is going to be a wonderful year. 'nuff said.

MAKINGMOVES

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