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Saturday, 08/07/2010 1:11:41 PM

Saturday, August 07, 2010 1:11:41 PM

Post# of 736001
great thread on Y, which starts w/ this marymbobh musing:

Not surprisingly, the debtor's attorneys appear to be cooperating fully with the Examiner. From the Examiner filing: "On July 28, the Examiner and attorneys from MLA met with counsel for the Debtors at the offices of Weil Gotshal in New York. Prior to the meeting, counsel for the Debtors provided the Examiner with two large binders of documents. Attorneys from both Weil Gotshal and Quinn Emmanuel were present on behalf of the Debtors at this meeting. This meeting included a detailed review of issues related to the investigation and a detailed discussion of the location and access to documents and information which would be required to conduct the Investigation. The Debtors agreed to fully cooperate with the Examiner and, in particular, agreed to provide the Examiner with complete access to a document database maintained by Weil Gotshal and to make employees and agents of the Debtors available for interviews by the Examiner."

Compare that with what the Examiner says about the FDIC: "During the course of this meeting, the FDIC explained their legal position regarding several of the critical issues related to the Investigation and further agreed to provide the Examiner with a detailed memorandum setting forth their legal positions...[the FDIC] made clear that any discovery would be voluntary and would be limited.

And JPM: "During this meeting, counsel for JPMC provided the Examiner with detailed information concerning their position with respect to the Settlement...JPMC pledged cooperation and agreed to consider further requests for documents, and information by the Examiner."

So...we have full cooperation from the Debtors, stonewalling from the FDIC, and limited cooperation from JPMC. Keep in mind that the Examiner is not a party in interest but an agent of the bankruptcy court that has agreed to destroy the information it collects at the conclusion of the investigation. Refusing the Examiner is going to be very difficult if the Court signs the Examiner's proposed order.




http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_W/threadview?m=te&bn=86316&tid=525273&mid=525273&tof=2&frt=2#525273

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