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XOM

11/04/09 6:38 PM

#118134 RE: survivor Spain #118123

Great post Spain.. FDIC's assertions of setoff rights and repeated usage of the term "Disputed Deposit Balances" undermine JPMC's claim of "it's our money" and notions of capital contributions (Sacks).

FDIC wants to modify the automatic stay and direct JPMC to return these "DDBs" to noninterest-bearing segregated accounts at a Federal Home Loan Bank (pg 9, 10) until resolution.

In essence, FDIC wants to hold the money in the meantime.

FYI the motion was filed by firm Young Conaway Stargatt & Taylor
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drrugby

11/04/09 7:10 PM

#118152 RE: survivor Spain #118123

Survivor, I agree.. FDIC is now forcing THJMW to rule on the 4B$..

So, does the FDIC have a BK claim? If not, Is the FDIC too late to place a claim against WMI?

Lastly, We all know possession is 9/10th's of the law. He who has the money rules.. And, Technically, WMI holds the money in its account in WMB. But, the Demand Deposit account has a hold in place by JPM.

DrR..