If that is true then even if WMI is awarded the deposit without damages it will still have liabilities that exceed the assets according to the MOR 3 balance sheet.
Assets - $6,932,908,747
Liabilities - $8,292,047,251
The senior debt of $ 4,108,911,139 could be paid off - or those bonds with expired due dates.
So unless WMI is awarded damages then will it not be the lawsuit against the FDIC that will determine the value of the commons?