Great post! I agree with #1,
I believe that there are no material issues of fact, and I know of none that either the FDIC or JPM have raised.
The FDIC has basically poised themselves to "take" the $4bil if and when the SJ is granted, thus conceding that WMI truly owns the deposit but they have the offset right to seize it.
We are ready for a ruling on the SJ this week....but with how this case has been going lately, I am not expecting a ruling.
Personally, I am interested in hearing from OUR lawyers in their first Omnibus as our "official" counsel more than anything else.
Of course is we are granted the SJ on Thursday, I won't be sad.