Sounds fair and equitable, but... unlikely. We've all seen the unjust side of justice and we will continue to experience same.
My take is that the wording of the APOR7 was so restrictive and conclusive that no one could back out of it. As a matter of fact, when I submitted my WAMU ballot, I crossed out all the paragraphs that exculpated Debtors or that made my election final and irreversible. I initialed all the cross-outs and gave it to the broker's compliance officer, who insisted that I rescind my voids or my ballot will be disqualified.
I am hoping that Judge Block will award the decision to DIMEQ. He may have waited too long to give every holder a piece of the action. Most likely, WMI(newco) or JPM will claim the award for those shares that were tendered.
This is not to say, that I don't like your arrangement better.