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Re: Bluzie2 post# 2889

Wednesday, 01/05/2011 9:13:07 PM

Wednesday, January 05, 2011 9:13:07 PM

Post# of 8307
As fate would have it, if we win the class action proceeding, we are better suited if the framework for the POR remains intact and at worst we are not harmed by it. If we lose the class action proceeding then rejection of the POR is potentially to our benefit and at worst gives us more time value and optionality. We have options either way and thats what makes DIMEQ different than most of the other Wamu related securities but the POR will likely be ruled on long before we know the ultimate outcome of the fate of the LTWs. As another added benefit if we lose the class action proceeding at the BK level then we will appeal to a district court that is better situated to handle such a proceeding. The Debtor's best chance of success is always at the BK level because the skids are greased for them in that venue. Outside of BK, the courts inject sound reasoning, equity, fairness and reality which are foreign concepts to the BK realm. At the district court, IMO, we could potentially receive our rightful payout outside of a bankruptcy plan which is how it should be anyway and this is in line with Sonterras reasoning that we are actually a secured claimant because there are real And specific assets (cash) backing our claim.

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