First, so you know, I did NOT say the FDIC is asserting something that is TRUE. I am saying look at the BIG picture. With their filing, their intent is DELAY. They want to put a stay in the adversary proceedings so they can conclude to judgment the initial adv. proceeding. A DELAY TACTIC. By this filing, it may delay the $4 billion turn over action because the Judge may have to rule on this filing before the $4 bill. Once again, a DELAY tactic. Everything that has been done, has been a delay tactic. ** GUESS WHAT? IT IS WORKING (the delay tactic). THAT WAS MY POINT... DELAY.
We are both on different pages here. Looking at different aspects.
All assets belong to the Estate and is covered by an automatic stay UNLESS their is a dispute. The $4 billion is a dispute as well as other property, tangible and intangible. That is why we have adversary proceedings aka lawsuits. If there was no dispute, WMI would have had access to the $4 billion without having to file a turnover action.
We should put this discussion to a close since we are wasting each other's time on the board, when I should be work during business hours.
P.S. A complaint is NOT a petition. A Petition is NOT a complaint. See below definitions and website link:
bankruptcy petition: The document filed by the debtor (in a voluntary case) or by creditors (in an involuntary case) by which opens the bankruptcy case. (There are official forms for bankruptcy petitions.)
adversary proceeding: A lawsuit arising in or related to a bankruptcy case that is commenced by filing a complaint with the court. A nonexclusive list of adversary proceedings is set forth in Fed. R. Bankr. P. 7001.
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