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Re: wall_street61 post# 5004

Monday, 12/12/2011 1:27:36 AM

Monday, December 12, 2011 1:27:36 AM

Post# of 8307
You are obviously not following the wamu case. It is not a dual track case. The coloarable claims will be dealt with BEFORE any confirmation hearing. What does that mean? That means the estate is funding the entire discovery period until there is a ruling on IT claims, UNLESS there is a settlement.

As for your:

Translation = ... it will be added directly to the waterfall. That means, commons are still toast. Preferreds may benefit, but I doubt by much. If DIME were to land in 18, they'd still get to reap any disallowance ahead equity.



I said the exact same thing in my post you replied to. Did you read it?

My post:

Class 18, agree and disagree. In a cram down, the waterfall will stops at preferreds and Dimeq gets paid. In a settlement, the water fall did not reach Class 18, it stopped at Class 16 PIERS aka HUQ. Therefore, there is no money for Class 18. If Dimeq is classed at 18, then they are toast (settlement wise, UNLESS they were included in the settlement, even though Walrath said they need not be in the mediation settlement, however, that was before the ROsen Class 18 footnote in the pleadings). Rosen put in the clause about subordination of Dimes to Class 18 for a reason. We all know, Rosen does not just throw virbiage for no reason.



Like I said in my initial post: The placement of Dimeq within the waterfall is very important.

Only thing that will save commons, is a settlement, otherwise they are toast (assuming the GSA is in tact).


imo
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