I am aware of Nazi Artwork cases, and unfortunately, there are way too many instances whereby the Nazis stole artwork, and the artwork surfaced many, many years later. Artworks that are priceless. (seee.g., "The Rape of Europa") The artwork continues to surface to this day, and there is still much artwork that is not (and may never be), accounted for.
I am not aware, however, where looted artwork was transferred to another party ("goodfaith purchaser for value" or otherwise), via a §363 sale.
The reason that JPMC is left quietly alone is because this is the scheme that was devised by JPMC, working in concert with the SNH's, and then subsequently agreed to by WMI's attorneys, who were/are allegedly "representing the interests of the company."
They certainly have been, and are, representing the interests of a company . . . I'll leave it up to others to decide which one(s).
Suffice it to say that the scheme that they conspired to specifically called for a §363 sale - this is what JPMC required, and what WMI and their A&M "Board of Directors" agreed to, after the SNH's "assisted" in "nudging" and the Anchor Goodwill Litigation from the WMI side, and over to the JPMC side, free and clear of the Dime Ltw LIABILITIES attached to Anchor.
Because this is what WMI agreed to, they are now bound by the conspiracy that they entered into under the so-called GSA.
And Judge Walrath has done what is necessary to ensure that the Dime Ltw's are not victimized by this FRAUD, and that is to ring-fence (or set aside) $337 million dollars to cover the damages related to or caused by this FRAUD. (See Judge Walrath's Opinion dated January 7, 2011)
JMW lays out in detail the reasoning for the carve-out, and for specifically NOT granting Releases to the Defendants under the terms of the GSA, as they relate to the Dime Ltw's. The money set aside adequately protects the interests of the Ltw Holders, without requiring to undo the GSA that she seems intent on keeping intact.
Returning Anchor is NOT necessary to protect the interests of the Ltw's, in that whatever "consideration" that WMI received in exchange for turning over Anchor to JPMC without the corresponding liabilities of the Ltw's will now be paid for by WMI, A&M, Board of Directors (past and present), D&O insurance in an amount not to exceed $337 million.
And since this is the scheme that was concocted by WMI, acting in concert with JPMC and the SNH's, I am more than happy to let JPMC deal with fighting the FDIC over Anchor; let them send a collection agency to work on that. It only took 18 years for the FDIC to be held accountable in the Meritor MSVP case.
Maybe JPMC might have better luck. Their problem (and their concern), not ours.
Register for free to join our community of investors and share your ideas. You will also get access to streaming quotes, interactive charts, trades, portfolio, live options flow and more tools.