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KeyKey

02/19/25 5:46 PM

#738917 RE: mwd44 #738911

@mwd44: Nice to read. Thank you.
But can this also be confirmed from an official side ?
Or in other words: Can JPMC and / or FDIC been asked regarding your "assumption" and they will confirm that it is like that ? If not - why not ? Why does this still have to be kept as a "secret" ? Can you explain this to me ? Why not talk open about it ? Why to keep this information behind closed doors ??
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lodas

02/20/25 12:11 AM

#738923 RE: mwd44 #738911

@mwd44.... read this carefully.... it is an excerpt from the amended POR7 which describes the Release claims as signed by those in closing the chapter 11 bankruptcy.... In effect. your release signature negates any cause of action you may take upon any parties to the agreement, JPM, TPS. FDIC, WMI estates, and so forth.... in effect, it forever stops all actions that you can take to retrieve any assets that you signed off of by your release.... here is the text from the amended POR 7:


12 The Seventh Amended Plan’s definition of “Released Claim” includes, among other things, claims or causes of action that arise in, relate to or have been or could have been asserted (i) in the Chapter 11 Cases, the Receivership or the Related Actions, or (ii) by holders of Equity Interests relating to Equity Interests they have against the Debtors, and (iii) claims that otherwise arise from or relate to the Receivership, the Purchase and Assumption Agreement, the 363 Sale and Settlement, as defined in the Global Settlement Agreement, the Plan, the Global Settlement Agreement, and the negotiations and compromises set forth in the Global Settlement Agreement and the Plan, including, without limitation, in connection with or related to any of the Debtors, the Affiliated Banks (as defined in the Seventh Amended Plan), and their respective subsidiaries, assets, liabilities, operations, property or estates, the assets to be received by JPMC pursuant to the Global Settlement Agreement, the Debtors’ Claims, the JPMC Claims, the FDIC Claim, the WMI/WMB Intercompany Claims, any intercompany claims on the books of WMI or WMB related to the WaMu Pension Plan or the Lakeview Plan, or the Trust Preferred Securities (including, without limitation, the creation of the Trust Preferred Securities, the financing associated therewith, the requested assignment of the Trust Preferred Securities by the Office of Thrift Supervision and the transfer and the asserted assignment of the Trust Preferred Securities subsequent thereto); provided, however, that “Released Claims” does not include (1) any and all claims that the JPMC Entities, the Receivership, the FDIC Receiver and the FDIC Corporate are entitled to assert against each other or any other defenses thereto pursuant to the Purchase and Assumption Agreement, which claims and defenses shall continue to be governed by the Purchase and Assumption Agreement, (2) any and all claims held by Entities against WMB, the Receivership and the FDIC Receiver solely with respect to the Receivership, and (3) subject to the exculpation provisions set forth in the Plan, any avoidance action or claim objection regarding an Excluded Party (as defined in the Seventh Amended Plan ) or the WMI Entities (as defined in the Seventh Amended Plan), WMB, each of the Debtors’ estates, the Reorganized Debtors and their respective Related Persons; and, provided, further, that “Released Claims” is not intended to release, nor shall it have the effect of releasing, any party from the performance of its obligations in accordance with the order confirming the Seventh Amended Plan or the Seventh Amended Plan.
Lodas
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lodas

02/20/25 1:40 AM

#738926 RE: mwd44 #738911

@mwd44:.......... according to google, this is what a Purchase and Assumption Agreement is:
Purchase and assumption is a transaction in which a healthy bank or thrift purchases assets and assumes liabilities (including all insured deposits) from an unhealthy bank or thrift. It is the most common and preferred method used by the Federal Deposit Insurance Corporation (FDIC) to deal with failing banks.

this method is used by the FDIC to sell the whole bank, assets and all to a buyer so that they don't get involved in disposing assets, and paperwork..... accordingly, the documents say the FDIC Sold Wamu banks, and related assets , and liabilities to JPM for 1.89 billion dollars in total... no further payments will be made....JPM then disposed of the assets they did not want, and sold them down to below book value....JPM, then makes the claim that they "found 30 billion dollars in the rubble of Wamu's assets".... mostly from lucrative commercial real estate mortgages....my point?.... there will not be anymore payments to the FDIC by JPM......... Lodas
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newflow

06/18/25 11:05 AM

#743994 RE: mwd44 #738911

"JPMC only made a "down payment" of $1.888B" 1% of cash deposits $188 Billion they received IMO.
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xoom

06/21/25 8:01 AM

#744110 RE: mwd44 #738911

Weekend bump for MWD’s logical post, as Judge Naomi is very close to signing off on LIBOR.
GLTA
FWIW


The FDIC , as receiver for the bank, became responsible for the bank's debt. Therefore, they couldn't close the sale before the debt was paid. In other words, the debt holder has a lien on the bank. That's the reason why JPMC only made a "down payment" of $1.89B. According to the Purchase and Assumption Agreement, which the FDIC can't enforce at this time, JPMC must pay book value for the assets. As I see it, the FDIC can't officially close the sale of WMB to JPMC prior to LIBOR coming to a close. Their hope is to receive enough money from LIBOR to pay the debt. This will enable the FDIC to close the books on WAMU