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Monday, August 01, 2011 6:06:49 PM
One has to think what the POS POR 6+ decision would do to the Horsies if denied along with disgorgement. Keep in mind they are not a signatory to the Global Settlement. I would have to think the Horsies would go after Weasel/Gotcha/Mangle for billions in malpractice, failure of fiduciary responsibility, unethical behavior and just plain fraud plus Rosie could/would lose total control of this case, open ended liability from many, many different angles and sources. In my opinion, JPM/FDIC threw the Horsies and Rosie under the bus when the Horsies were forced to be deposed due to no settlement. Time could fast be running out on Rosie after Susman pulled out of the agreement that Rosie haphazardly announced due to whatever reasons. How can Rosie continue and let Walrath make a decision on the POR (unless he already knows) as he would be putting his entire firm at risk?
This would be assuming Walrath would do right by denying the entire Global Settlement and total disgorgement of funds from the Horsies. I think without any deal from JPM/FDIC which in my opinion is very remote or any other deal from Susman/Horsies, Rosie has two choices for protection. One is to pull WMI out of the Global Settlement and the other more likely one would be to issue a new POR with Equity and not include JPM/FDIC. Then WMI would give releases to Weasel/Gotcha/Mangle and free to exit chapter 11 and continue pursuing JPM/FDIC and others. This could happen before the written summation on 8/10/2011 but would have to happen before 8/24/2011. With all that was disclosed from the hearings, I have to think the Weasel/Gotcha/Mangle have to seriously be considering one of the two options I discussed above and if they are not, it worries me they know of a predetermined outcome.
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