I think that may be true, based upon language Mordicai posted earlier. Walrath can change her ruling only until she certifies the appeal to the 3rd circuit. After she certifies it then she can't change her ruling and it goes to the 3rd circuit. As I understood it when I read it.
I agree....What I think is that JPM is "giving up" the tax returns because it just looks bad that they would have received an extra $2 billion on top of what they've already made from Wamu's assets when they only paid $1.88 billion to the FDIC. Now if they assume the preferreds, including the caymens since JPM has the MBS, now they get to keep the tax returns but without the spotlight. In regards to commons.......??????