InvestorsHub Logo
icon url

David West

07/10/14 3:03 PM

#401439 RE: boarddork #401435

Looks like good DD, and would confirm my statement that it is sometimes legal to hide assets in plain sight.
icon url

fsshon

07/10/14 4:27 PM

#401442 RE: boarddork #401435

Dork. David. LG. Catz etc.. Is there anywhere in the POR 7 that states "WMIH is entitled to off-the-books assets such as a trust from closure of the P&A per FDIC-R rules?" We are looking for any language to points to WMIH assuming interest in any trust or securitization pool. Is it possible the BK court was not aware that the FDIC was harboring the mortgage pools and upon closure of P&A, the interest in the pool would eventually flow back to the original parent? Am I reaching here? If it was to happen this way, there would be "cryptic language" in POR1, because the debtors would have surely known who was going to control that pool.

363 sales are performed in BK. They don't apply here, but if WMIH is waiting for a turnover of a trust to them, it would explain why they have not done an acquisition.

Before all of you get into an uproar. The WMILT was formed to process claims by the estate against perps who caused the destruction of WMI, therefore causing them to lose their prized possession WMB. It was also tasked with collecting funds owed to the estate, however, WMILT would have absolutely nothing to do with an "off-the-books" mortgage pool administered by the FDIC-R.

FDIC-R has broad reaching powers when it comes to mortgage pools in receivership. We know this, what we don't actually know is "how much was WMB's worth?" Paulson was for an RTC-like deal. He and Geithner were both not on board with Bair's move on WAMU. We know the mortgages were not part of the deal to JPM, so who will own the trust after the closure is the question?

We are on the right track...If KKR was expecting WMIH to acquire the mortgages back after P&A closure, it would definitely give them cause to take back KFN and sell it to WMIH in the future. I know this is way out there, but Wall Street is a finicky/insiders place/biz. WMB bondholders had a point in their opposition briefs.


Cheers

icon url

David West

07/11/14 8:27 AM

#401467 RE: boarddork #401435

Based on all the indicators and conduct of several, including Willingham, I bought-in post-BK, knowing the risks, but instinctively knowing there was a buried body that someone would have to dig up someday. I have always bet my recovery would be in WMIH (I am already made whole+), with mild hopes that a dead body would surface, because the value of WAMU was simply too big to disappear the way it did.

Kudos to boarddork and others who found the dead body of WAMU in the Mortgage Pools. Knowing where WAMU buried the dead body is almost as good as the day the Trustee appointed the Equity Committee or the date of Nate Thoma.

Now that we know there actually is a dead body, it would be good to know other things about it. Such as its value, the date someone (FDIC-R?) will return it to us, and will the recipients be escrow or WMIH.

Does the highlighted section of DECLARATION OF JONATHAN GOULDING shown below mean WMIH, or does it mean the debtors own both WMIH and escrow? Does the word “property” mean desks, chairs, and pencils, or does it include the dead body? Many have long thought the debtors have never (maybe cannot until closure of PA&A) severed the umbilical cord, attaching WMIH to escrow. The biggest indicator to me that the value of the dead body will go to escrow is that the four hedge funds of insider trading fame valued the dead body more than jail time, more than equitable disallowance, and more than owning WMIH. If the value of the dead body does go to WMIH, watch for the uproar!

Notice the word "estates" is plural.

DECLARATION OF JONATHAN GOULDING located at this link:

http://www.kccllc.net/wamu/document/0812229120213000000000024

DECLARATION OF JONATHAN GOULDING, Page 15, Section 1123(a)(5) of the Bankruptcy Code: The Seventh Amended Plan and the various documents and agreements set forth in the Plan Supplement and other related documents provide adequate and proper means for implementation of the Seventh Amended Plan, including (a) the creation of a Liquidating Trust, pursuant to Article XXVII of the Seventh Amended Plan, (b) the transfer of certain property of the Debtors’ estates to JPMC, the FDIC Receiver, and the Liquidating Trust, as set forth more fully in the Seventh Amended Plan and Global Settlement Agreement, (c) the issuance and distribution of Cash, Reorganized Common Stock, Runoff Notes, and Liquidating Trust Interests, as set forth in Articles XXXI and XXXII of the Seventh Amended Plan, (d) the retention by the Reorganized Debtors of all remaining property of the Debtors’ estates, (e) the cancellation of all documents, agreements, and instruments evidencing Claims or Equity Interests in the Debtors, except as provided in Section 32.4 of the Seventh Amended Plan, (f) the surrender of all instruments or notes, pursuant to Section 32.6 of the Seventh Amended Plan, (g) the curing of defaults with respect to assumed executory contracts and leases, pursuant to Article XXXIV of the Seventh Amended Plan, and (h) to the extent applicable, the adoption and filing of the Reorganized Debtors Certificates of Incorporation and the Reorganized Debtors By-Laws, as set forth in Article XL of the Seventh Amended Plan and the Plan Supplement.

Mostly opinion.

Best regards,
David West