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Re: Tonopah post# 153027

Monday, 02/22/2010 9:41:54 PM

Monday, February 22, 2010 9:41:54 PM

Post# of 749756
Good Post. We tend to jump on posters who come onto the board and use rethoric or words that inflame personalities and in turn causes disent. Now I get where you are coming from. This is how I understand this can go...

Pre-Shareholders were seriously injured financially and emotionally "some even took their lives because of JPM/FDIC (not proven yet!) actions [A preponderance (clear and convincing to the court) of the evidence should be what is necessary to prove this]. While there is ample evidence, this ruling on the Legacy Stockholders only strengthens the chances that pre-shareholders might have a chance of a separate recovery. The SEC states that " a share of a companies stock is a share" that means there is no distinction between you owning the stock in 2007 to you owning in 2010.

What JPM will do is require the EC "who represents all equity shareholders" agree to a deal where all liability is extiniguished (pre and post) therefore releasing them of future litigation liability.

A "global settlement" will involve many parts of this, but no way is JPM/FDIC going to settle this without a release of liability. The use of "confidentiality agreements" are for this purpose "all the dirty laundry that is aired to the court, will be sealed and only opened in event of a trial. Most believe JPM/FDIC will settle this before March 4th.. I don't think they care that the FDIC took at a "solvent" bank, because they have already been saying this since summer. What they will do is spin in their favor. All that will happen (IMO) is JPM will lose the summary judgement and be required to return the "insured deposits" to WMI's estate. The FDIC will appeal.. Judge Walrath did not give her ruling earlier this month, because she gave the only party that asked for a delay [The FDIC} the extra time to get their affairs in order, because we are about to enter the 'accelerated portion of this BK' and in return see omnibuses coming at us fast and furious. FDIC is in a pickle and JPM is covering their arses, because of the proveability of the Fradulent Conveyance..

"Whether a transaction constitutes a fraudulent conveyance depends upon the existence of the intent to defraud that must exist at the time that the challenged transfer was made. The mere fact that a person is in debt does not make a conveyance of his or her property for a valuable consideration fraudulent unless it is made with an intent to cheat the person's creditors".

Did the FDIC and JPM collude together to "wipe out the shareholders, bondholders and creditors" YEP! The unjust enrichment [negative goodwill] of JPM is another story. The FDIC is not in a good place here and will need to be at the table with the checkbook.

Well I say they had better get to speeding up the process, because when THJMW rules on the SJ (summary Judgement) of 4.4 Bil back to the Holding company and the projected NOL's of 5.6 Bil are back in the account, the game changes. We will move A>L and then we don't need JPM or the FDIC to settle, we just go to court and take them for everything we can, including the fradulent transfer of WMB and WMBfsb. We ask the BK Judge to return our property back to us. Watch the Lehman case for where we are heading. Lehman is already requesting that Judge Peck "unwind the deal with Barclay's" if Judge Peck rules in favor of Lehman, then THJMW can use this ruling as precedent for "putting the FDIC/JPM in their place." The lawyers for JPM and FDIC would have had to gone over all types of scenario's that could happen in this instance.

1. FDIC is provent to have fraudulent conveyed WMB and WMBfsb to JPM, therefore nullifying the Purchase and Assumption agreement because you can not take one man's property ans give it to another man without "just compensation" 1.9 Bil is not just compensation for over 300 Bil in assets.

2. JPM stands to lose everything and more that they acquired as part of the unwinding of the P&A, because it is getting really close to being proven that they used Illegal tactics to pressure the FDIC in seizing WMB. They received a completely different institution WMBfsb (that they had to merge into JPM) the day of seizure. If it is proven that JPM colluded with the FDIC for the acquistion of WMB, then "a whole new ball of wax" gets opened up and we move towards CRIMINAL complaints filed by the US Trustee.
Once the Trustee files the complaints, there is no stopping the AG process. Jamie and Co will be toast! I am sure Sacks of S&C had told JD back in Oct 08. that this could come out this way.

3. It is rumored that JPM is making 2.4 Bil per month off the banks, they would be required to return all monies back to the estate, including the 21 Bil that was in WMBfsb.

4. JPM ends up losing all banks and since the chances of everything returning back to the way they were is not going to happen, WMI puts new board members on JPM's board and a "forced merger" into JPMC (Chase) would have to take place.

5. ????? THJMW rules in favor of WMI on all 15 counter-claims as we move through the process. Each win makes our stock appreciate and eventually the holding company will emerge from BK and move into something different using the newly acquired cash and stock value of the new company. Hey maybe buying WASTE MANAGEMENT is not a bad idea "we'd get out symbol back!"


If I was WMI I would give them a chance to get out at the original offer of $8 plus an additional $8 for the misery they have caused in the last 2 years. So I would let them off the hook for $16 and no less. JPM is cheap, probably offered that ridiculous offer of $8 PPS again, thinking the post-shareholders will take it. The EC is smarter than that. We'll see someday when this is all finished and the EC can talk. If we get back the Cap contributions, then I would take JPM and FDIC to the cleaners and I would not stop, because with the new wealth, this company can be whatever it wants to be and move forward litigating along the way. Fighting the appeals that would be countered by JPM and FDIC until we get the Supreme Court and Roberts, Scalia, Alito and 2 others puts these A-holes in their place.

http://www.supremecourtus.gov/about/biographiescurrent.pdf

This is just my opinion though! I like to theorize and speculate.

~Fish~

Please do not invest in this stock because of what I say, you must do your own DD and make decisions based on your knowledge, NOT MINE!

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