1. An oppinion that UWBK was going to fail by the OTS/FDIC. 2. Thus the definition of "Likely".. 3. Actions by the OTS/FDIC causing the failure. 4. The Timeline.. And the CRP plan of only having 7 days to submit.
Now depending on THABJ definitions of "Likely" will play key to the ruling and if she feels that it was the govt that caused the failure of UWBK.. UWBK does outline and define a very good case from the admin record.. The OTS/OCC has hung its hat on the definition of "Likely" and its ability to manipulate the rules for it own benefit..
What's also different about our case vs. WAMU.. WAMU filed BK then persued actions in the DC court against JPM and the FDIC. The actions in DC were to persue RICO against the big corrupt two.. But as we later learned it was a means of the parties to delay the BK process. Which JPM needed. JPM/FDIC needed the 4b$ of WAMU's cash tied up so that JPM would retain its capital % it needed to stay afloat as a heathly bank (Cough choke Gag). In the end after nearly 2 years they announce a settlement. Which was changed 3 times.. Equity in the end got the reorg'ed company for which the real value is yet to be determined..
Now.. UWBK.. Ton's of value or Some Value.. But the key to the ton's of value lies with THABJ..
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