David, greetings and thank you for your input. Here is how I see this.
Safe Harbor assets are ONLY protected from Creditors but NOT totally absolved from the ongoing bankruptcy case in of itself. The Powers of the Bankruptcy court still control even though some assets are protected via Safe Harbor.
I believe the forgoing is a huge mistake for many here thinking the powers of the bankruptcy court do NOT control - they most certainly do control everything.
Think of it this way - how would anybody know who the true owners are IF what people think are true such as bankruptcy court powers do not control Safe Harbor assets and what is considered protected from bankruptcy case.
Either the court controls or it does not. However, one cannot pick and choose what they want to apply. If the court does not control assets protected via Safe Harbor, there would be no way to know who owns them as investors signed releases and were issued markers to show their individual ownership. This showing how much of the particular security-preferred and/or common shares of old WaMu in the bankruptcy controlled case one owned. All previous prospectuses for both types of preferred and common shares were cancelled by the court.
All investors who signed timely releases by 3/2012 are controlled by the powers of the bankruptcy court just as assets in this bankruptcy case protected via Safe Harbor are.
So, to this point read the following court transcript and understand the powers of the bankruptcy court absolutely controls ALL that was involved with the WaMu case whether protected by Safe Harbor or not.
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*The Holy Grail*RETAINED ASSETS*YOUR HONOR*They Will Still Be There*
The legal group Akin and Gump are discussing the scope of what the Examiner can examine and what he cannot examine. We also have in there the part (b) of what is to be retained, and that is because in negotiations that we had with all of the settling parties, with the equity committee last week, with the FDIC, we did talk a great deal about the concept of the retained assets.
Now, it's my position, Your Honor, that the examiner doesn't need to know much with the retained assets other than say the assets are retained and therefore the liquidating trust can go ahead and pursue them. They will still be there; they can be carried through. But I understand that the equity committee is very interested in having a neutral third party do an investigation of those retained assets.