Monday, July 12, 2010 11:05:55 AM
We can speculate all day as to what was filed under seal. It could be incriminating documents that link Rosen to JPM; it can be the missing 3.1(a) along with a complete or incomplete valuation by PJS that support our claims; it could be the "smoking gun" or some evidence of wrongdoing by JPM/FDIC that highlights Weil's breach of fiduciary duty to the estate by failing to pursue valuable claims against our adversaries. Who knows?!
What we do know is that (1.) the debtors barely touched the tip of this massive, titanic-sinking iceberg in its investigation of claims; (2.) the DS/POR is groundless and clearly serves the purpose of buying more time; (3.) Judge Walrath has articulated her willingness the grant an examiner and recognized the fact that Rosen/Weil are hostile adversaries to the EC when they should in fact be aligned against JPM and the FDIC; (4.) the shareholder meeting and EC discovery are on the table - even though they might not even be necessary after the appointment of an examiner; and (5.) the events of the last hearing resulted in Rosen acknowledging that the parties would work to reach a "resolution" of the array of matters set for that hearing on or before July 21st.
I am very anxious and my expectations are very high. This is the moment of greatest leverage for the EC as it provides a clear opportunity for JPM and the FDIC to put this away by simply writing a check and fabricating yet another story to spin to the uninformed and/or ignorant public. I am hoping for settlement and I have a good feeling that we can expect one - but I have been disappointed too many times by the corrupt antics that have navigated this case through rough waters for the past two years. As I have said before, Susman has my absolute confidence and trust. I think he knows far more than anyone how to make this happen - and to date, he has been quite successful is getting us a seat at the table.
MAKINGMOVES
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