I can envision wmih nol being affected by assets coming back to wmih itself. But imo any assets coming back to the liquidating trust could not impact wmih nol because the nol belongs to wmih which is a separate entity. Any assets coming to the liquidating trust will be passed through to escrow holders and those individual holders will bear the tax consequences.
ron, your theory is deeply flawed, sorry to say that.
When the escrows/WMILT (the debtor's estate) receive a final payment (IF there is any), then WMIH can NOT book this same amount A SECOND TIME as capital gain, because WMIH did not receive this final payment and thus did not have this capital gain, but the WMILT. And neither is the WMILT owned by WMIH, nor has WMIH a stake in the WMILT
Your theory "magically" duplicates the amount of the final payment (again, if there is any)! Not possible...