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Tuesday, 07/12/2011 3:12:01 PM

Tuesday, July 12, 2011 3:12:01 PM

Post# of 731804
Ilene, this was posted on yahoo by bopfan. You are mentioned I believe.

.http://messages.finance.yahoo.com/Stocks_%28A_to_Z%29/Stocks_W/threadview?m=te&bn=86316&tid=793626&mid=793626&tof=3&frt=2#793626

More Thoughts on the Abandonment Order 22 minutes ago As I read the abandonment order, upon abandonment WMI forfeits all litigation claims arising from its ownership of the WMB stock. (See http://www.kccllc.net/documents/0812229/... That would seem to include the business torts claims because they are not included in the 'provided, however' exception which specifically names the claims against the FDIC.

Ilene Slatko spoke in court and raised objection to the abandonment, and that objection is a matter of court record. Moreover, I don't believe the court addressed Ilene's objection in the Opinion, so the objection was not overruled anywhere in the record.

It is possible the court did not know Rosen withdrew the certification of non-objection (which was false because of Ilene's objection) and she may have forgotten about Ilene since the objection was made during the hearing. In that case she'd have had WMI's motion and certification before her, and nothing else. Of course, even if she thought there was no objection, she knew about Stern: i.e., the question whether she can compromise/settle/abandon claims she could never adjudicate.

The EC's counsel is aware of the foregoing, so it's up to them to fight this if they choose. The order is final, so appealable as of right. The EC never objected to the abandonment (only Hoffman/Ilene did), but TPS might feel differently as it very explicitly said in its objection that a court without subject matter jurisdiction cannot compromise matters it cannot adjudicate.

If anyone would like to bring the foregoing to the attention of TPS' lead counsel, please do so.
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