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diamondguru-one

08/11/09 2:38 PM

#86139 RE: rramirez82 #86138

WOW.....they are about to really step on the Judges toes....Boyyyyyyyy its time to take cover......the poooooo is about to hit the FAN.........Goooooo JUDGE and wamus team !!!
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Chiron

08/11/09 2:42 PM

#86141 RE: rramirez82 #86138

Very very desperate move. Judge Walrath will not be happy.
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leadfoot409

08/11/09 2:46 PM

#86144 RE: rramirez82 #86138

With all due respect I do not want Judge Walrath to "brings the "wrath" of God (and the Bankruptcy Court) down with that hammer on the 24th."

I want her to calmly issue her well thought out ruling in favor of WMI and limit the almost certain appeal that JPM will file.Limit any chance of an reversal.


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Cupra09

08/11/09 2:49 PM

#86146 RE: rramirez82 #86138

Re: JPM Letter To Judge Sleet 1 minute ago
Thanks, Ghost. It is very generous of you to look out for us like this.

From: Bopfan

This is evidence of sheer desperation on JPM's part.

This letter is so ludicrous as to be insulting to the District Court. The turnover action is based on the simple question of whether the $4 billion is a deposit vs. a loan or capital contribution. Whatever its character, there is no question that WMI has an interest in the money. A debtor's estate includes all property in which the debtor has an interest. 11 USC 541. As such it is a question about the scope of WMI's estate, an issue squarely in Judge Walrath's province. Imagine what would happen to Chapter 11 if a Bankruptcy Court did not have the authority to determine the scope of estate assets?! Moreover, it is a matter of statutory law that a turnover action (11 USC 542(b)) is a core proceeding (28 USC 157(b)(2)(E)), so the Lubin case (which is based on director liability, not property of a bankruptcy estate) is inapposite in any event.

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I really hate to say this, but i like bopfan's writings. damn.
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fsshon

08/11/09 2:54 PM

#86147 RE: rramirez82 #86138

THJMW has already ruled that FIRREA is not allowed in this proceeding, because the FDIC disposed of WAMU in 1 hour instead of following the corporate charter to "make sure to obtain the highest value possible for a bank to protect the creditors and shareholders."

Hello My name is Judge Sleet "why are you bothering me with this, when my colleague has already ruled that FIRREA does not apply to this case" Have a nice day and Get the hell out of my chambers.

I see Sanctions and Contempt charge coming soon...
Fish!