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Re: The Godfather post# 124919

Thursday, 12/10/2009 10:49:46 AM

Thursday, December 10, 2009 10:49:46 AM

Post# of 749756
I want to point out that the Turnover Summary Judgment Motion and the FDIC Request from Relief from the Automatic Stay are entirely two different matters. The latter is suppose to be on the docket for the 18th. It could be postponed because it was filed prematurely. That is it can't be decided until the turnover action itself has been ruled on by Walrath. The summary judgment montion has already been heard and argued and submitted for the judges decision. It will not appear on the docket again. Arguments are closed. Now if Walrath grants the turnover sj, the fdic request for relief becomes moot and will be overruled. If Walrath does not grant the summary judgment , the turnover action continues to a hearing. So the fdic's relief motion is still premature under that scenario. Also, the fdic has begged the question whether it has the power to take back the deposit of a holding company. 85 per cent of the deposits are in the holding company name. So the holding company has already won. So you will not see any entry on the docket for the summary judgment motion. But that is not to say Walrath won't grant it today, by the 18th , or on the 18th. She has had the arguments before her since june 24th. Tick tock.

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