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Sunday, January 08, 2012 6:29:11 PM
First of all, I DO NOT BELIEVE THE EC WILL WIN THE F&R APPEAL. Never have and never will. GSA was a settlement and Walrath did not adjudicate it. That is the hint.
Second, the burn rate is $10 to $13 million, not $30 million per month. Hint: FJR
Third, I won't comment on Willingham. Everyone has their opinions.
Fourth, if you think $75 million and 95% of WMI2 out of $3 billion cause of action is a great deal, good for you. That is about 1/5th of the claim amount. You would accept "go away money". It does not take a genius to know after the Confirmation Opinion by Walrath that "colorable" claims are there. Where there is smoke, there is fire. Walrath saw the smoke, it was up to the EC/S&G to find the fire.
S&G = GM mechanics working on my BMW. They were out flanked by Weil, who are bankruptcy attorneys. S&G are not in their home field. If it was not for the shareholders, there would be no EC, no IT, Claims, no distribution to equity, etc.
Fifth, any appeal would be equitably moot and the POR would just steam roll it in to confirmation.
Sixth, pension funds, money from 401K, I skipped it because I have no idea how you are relating this to WMI. It is irrelevant to the bankruptcy proceeding.
Seventh, the litigation path would have resulted in the waterfall flowing down to prefferds BUT commons would have been zero'ed out. So your claim that equity would have been out of the money is false, only commons would have been out of the money. Hint: APR
Eighth, it does not matter where the money came from (ie pension money, your mom's money, 401k, etc.), it was what the "individual" did with NON PUBLIC information and traded on it. Hint: IT
Lastly, if you are a common holder, I suggest does not matter what you vote on the plan, all that matters is the release to get distribution. If you do not give the release, you will not get distribution.
imo
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