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Saturday, April 03, 2010 12:41:29 PM
David West;
That is ridiculous a fraudulent conveyance is the transfer of any assets with in one year of the bankruptcy and can be recovered by the Bankruptcy Court. This is part and parcel with the Automatic stay and is done in an effort to establish that no entity is paid in preference to its established place in the pecking order. In other words it is done so the entity filing Bankruptcy does not pay some it owes in a favored status before they file for protection. In the case for WMI there is a valid claim for the capital contributions and you for some reason keep disregarding the part of And Other Assets for some reason. The DC action came up because of time lines and filing deadlines. Also the judge in the DC action has stayed and deferred that cause until the BK proceedings are completed. The question of the sale of the bank for less than a reasonable value is still in the air in the DC action. Judge Collyer has deferred to the BK court to decide what assets belong to WMI and that is where the fight lies in the POS POR that surrenders assets that that have value to JPM, when in fact that value belongs to the shareholder.
$24.00
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