Interesting ,yes. But, not incriminating yet,IMO. We must keep in mind this is not over, but, far from over. And the monies are not free and clear yet.
My point. IMO, JPM did act in a fiduciary responsible way by " put additional contracts and collateral in place well before lehman's chap 11 filing."
I want to add, JPM, also held, hope they still do, funds from Barclay. This is per another poster.
If JPM wins I do expect to get something. I if they win, and we don't, then you are right, fiduciary breach.
One thought on this, Ct's can be assigned and assumed. Correct?
It's been brought up in the past.
So, JPM, could assume the CT's and not pay out the principle, but keep the cash.
And we might only get dividends. Again. Alright by me.
Or, this is complicated, but, I'll throw it out.
JPM keeps the money- collateral, assumes the CT's.
The CT's stake claim to their own share of NOL, $1.2 billion in total. IMO, the monies originally raised by the sale of CT's were used to create NOL. Per the prospectus. If nothing else, CT's should be credited for their share of the NOL, nothing more. nothing less.
Now. with NOL credited to CT's, and JPM having assumed the CT's, JPM turns the Trusts into an Investment Companies. Should be easy to do since the Prospectus tries to avoid this, but, ONLY FOR TAX REASONS. And, lets face it, in this BK over the last 7 years, nothing has been paid out to CT's. So, paying taxes on the nothing paid out should not bother anyone. Kind of look forward to the day CT holders do have to pay taxes. My are in a Roth, but.
Now, JPM holds 4 shell Investment Companies with $1.2 B in NOL in total.
Back last Feb., there was talk of JPM spinning off some divisions.
So, JPM does a reverse merger with the CT's- Investment Companies.
And, per the Prospectus, only 40% of the shares Auth. were issued.
$1.2B vs $3B.
The 60% could go to JPM for the assets of these Profitable divisions.
The point here is, the CT's hold alot of potential possibilities.