WAMU did use some NOLS for a 5-year carry back tax refund - about $ 5 B received - did they not?
It was the FDIC that took control of WAMU for the benefit of JPM - and so really the only assets the Debtors gave to the FDIC and JPM was a share of the 5-year carry back tax refund.
I think Judge Walrath has been a lot more fair to equity than probably a lot of Judges are.