but another entity can take over the ENTIRE newly emerged WMI entity and utilize the carry forwards and NOLs.
That's where you and I differ. Case law prohibits benefiting from the type of shenanigans that you describe. VC's and PE do that all the time by doing an asset purchase and leave all the liabilities and potential lawsuits behind but they don't get the tax attributes from the former entity. You'll have to read the cases from the article that I posted earlier not to mention the really good article that DudeBug found.
Edit: but in the mean time, we can agree to disagree. I feel that Walrath will abandon the debtors motion anyway.