~ LP, I've Worked Very Hard On These Documents and Their Sequencing ~
1) Safe harbored assets were remote bankruptcy - so judge cannot address it in court ... Correct' She Only Ever Mentioned The Washington Mutual Capital Trust ...
2) Equity team must have brought some sealed evidence to judge , "look at all these ABS in remote bankruptcy" ... Again Correct, I believe She Knew' But wasn't able to consider them or their returns in the WMIIC / WMI specific bankruptcy ...
3)judge knew that she needed to include commons at the end of waterfall without openly addressing in court the various remote bankruptcy assets ... The WMI Class 22 wamuq' common shares were unrestricted to the future tense' recoveries ... unlike a reasonably restricted WMI Class 19', there could be no future tense restrictions associated with the eventual returns
4) so she threatened the hedgies with insider trading charges to include the 75/25 split for WMIH. everyone in the room knew that the big prize lies in remote bankruptcy trusts...so they agree to 75/25 grudgingly knowing that it is just a small part of final returns. ... Yep' ...
5) Speculation: in open court they made it sound like 75/25 is to the end while I specilate that the hedgies loaded up in commons while telling retail to sell theirs to buy preferreds ... probably' after all only some 65% ever released to participate' after their constant purposeful beat down' ...
So then why not just leave everything (APR) in force and just move forward until prefd's were paid in full and then everything else would just automatically go to commons?