United Western Bancorp Inc (fka UWBKQ)

[ArtieB]

Reters, the purpose of a settlement is to come to agreeable terms REGARDLESS of a 3rd party adjudication. I realize that you have been consistent with the theory that a settlement comes AFTER SJ, but the Plan of Liquidation was written in a strategically timely manner. I will agree that a settlement is not OFFICIAL until SJ.

So, again, my theory is that the 200MM was the result of much back room negotiation between the two parties in an effort to reduce exposural risk. The defendant just simply raids the FDIC account and is wagering that THABJ will rule in favor of the govt. In fact, the more I think about it, I am having a difficult time thinking that THABJ will find enough precidence to rule in favor of the plaintiff.

The charter is the sticking point in all of this, not the money, imo. IF THABJ does in fact rule in favor of the plaintiff, I think the charter will be in lieu of an award. It's a certificate with value and she isn't forced into making a financial decision that can be hung around her neck.

VC