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Inversor71 29/09/11 23:53

Ha respondido al tema Washington Mutual demanda a la FDIC por 17 billones US$ + daños

the SNHs/HFs have even more problems to consider...such that if the EC does move forward with lawsuit for disallowance and SNHs/HFs are found to have committed insider trading (which THJMW has already signaled as the most probable outcome) the HFs then become targets for DOJ and possible complete ruin of their companies......I bet already their investors are nervous and some may have already pulled monies from their funds...... Of course SNHs/HFs are playing the game of having a strong arm and attacking the recent bankruptcy court's decisions by seeking Appeals, making blunt and somewhat offending comments about THJMWs ruling as if they are impregnable to try and keep their investors from jumping ship.....and for the survival of their entities....... Their action is also a method to counter these decisions by THJMW to avoid having them setting a precedent for the future of HFs investing in distressed companies.....

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Inversor71 29/09/11 23:33

Ha respondido al tema Washington Mutual demanda a la FDIC por 17 billones US$ + daños

As we all well know the EC has the goods and now has the investigation rights upon the Hedge funds and now with the recent appeal, can make a case for a full overall discovery upon the USCC members. Since the Hedgies wrote the appeal to implicate the others in this case, they have opened up a closed and barred door with a brick of C4 put right on the middle hinge. As this case progresses in the mediation phase, who can and may be willing to save the hedgies and now possibly the USCC (unsecured creditors comm.) Well there really is only one party and exactly why would JPM be willing to save the hedgies, their potential freedom, future and current business and overall health of their firms. We all know the hedgies got greedy and allegedly used MNPI to trade in our securities and manipulate our stocks for over 3 years now. They may have also been the ones tapped by JPM to short WAMU into the ground, so JPM could get it for nothing.. As I have said “Negative Goodwill Forest” one that Jamie and Sheila are both currently residing in. So how does JPM negotiate with these hedgies (since they are the ones who brought the attention with a 2019 in Sept 09)and save their butts. I mean,, “what’s in it for them!” Well let’s see. 1. JPM stock is in the “shark tank” and believe me, Wall Street smells the blood in the water for the “zombie bank” (using same language as they did with WAMU). JPM could force (in private) the Hedgies to invest every dollar they get out of this case into JPM stock. So, it will appreciate in value because the street feels the WAMU case is over, but we know it is the hedgies slowly buying up the stock because of the under the table agreement. Hedgies could agree to a slow buy in that will increase JPM by 1-2% a day and eventually the street will notice and jump in bringing JPM (protected gov bank) to $60 by 2nd Q 2012. Not sure if this is even possible, but if the Street believes JPM has skated the WAMU hurdle, they may buy into it in full force. Hedgies could silenty start the appreciation process. We know what they did on March 12th and most likely pre-seizure NSS. 2. Money is going to be thrown around in this case to all creditors, with the recent appeal filings by the SNH’s the USCC is now in the crosshairs of not only the SNH’s, but eventually the EC. SG has the ability and a cunning polite demeanor when it comes to presentation to THJMW and they definitely have her attention, which translates to an advantage over these guys who should be shaking. Remember how Quinn Lawyers were visibly upset after they all emerged from the Judges Chambers in 2010? Well we know what SG can do, we know we are in good hands and now the USCC members, the TPS members and LTW members are all on notice by the SNH’s. JPM is not on notice at all, they stayed out of the bloody equity water and now have the leverage over the USCC parties and others who may be implicated in this BK mess. JPM can do exactly what I said in #1 with these parties EC has the leverage, FDIC is on the hook for the bank bondholders. In his statement in Feb 2009, Treasury Sec Geithner said “there will never be another WAMU!” He meant the bank bondholders will always be protected in a seizure. That Evil B>>Bair kicked them to the curb because her boyfriend and much more powerful counterpart (Dimon) asked her to. Oh Man, I would have loved to been in that board room when she was making the case to wipe out WAMU Bank bondholders. However, ANICO is unearthing those skeletons and their Discovery through Collyers court could blow the FDIC reasoning for seizure wide-open. FDIC also needs all of this to disappear, but they have gov lawyers and will delay, delay, delay until 2020 if they can. This is the problem with the FDIC, so getting them to kick in for the equity people is not going to be an easy task, unless they feel the GSA will fall after the EC presents the next case. 4. JPM needs this to conclude, so they can get back to the business of ripping everyone off. This case is like a thorn in the lions paw to JPM, it bothers him, but he can still walk. However the hunter SG is in the "negative goodwill forest" and he has some very good trackers and that damn thorn is making the lion hurt everytime he takes a step. JPM is being sued in Montgomery County in Alabama and it does not look good for them there, showing the inside of the monster Dimon is in control of. They are the worse and will eventually be exposed, but all of this takes time. They have a huge incentive to kill this case. They not only need the funds, but they need the publicity to alleviate the billions in litigation funds they can release to the shareholders as a dividend payment. It really is all about business and they also are part of the shaky GSA and need to get out of this courtroom before something lands on their doorstep.. They have as much reason to finish this in mediation as the IT parties. JPM will try to lead the mediation if the scope lands on their doorstep, but SG and especially Steve Susman will make sure every party understands the future for them in this case.

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Inversor71 29/09/11 17:48

Ha respondido al tema Washington Mutual demanda a la FDIC por 17 billones US$ + daños

As for too little too late.. You see, the EC headed by Mike Willingham who did not buy commons to ink out a small return for all his work and dedication over the last couple of years is going to sit back and watch all of them squirm. Susman Godfrey is one of the best litigation firms in the country, when they take a case, they take it because they feel they can win it. SG is waiting for all of them to say their piece and then Parker is going to get up there in his polite Texas manner and burn them all one by one. SG is just waiting for the right time to pounce. They have already muddied up the water so as to create the awareness of their presence. In time they will not only rule the case, but the debtors and their presentations also. In time and tiiiimmmmmeeeeeee is on our side, yes it is! SG will be very ready for this mediation and will tell each party how they are going to comply wirh EC's request or they are going to destroy all of them and bring JPM/FDIC in with em.. Yes Larry we know the trail leads right back to Dimon and Bair door in their special cabin in the woods. SG has the map, all they have to do is execute the strategy they have been playing for quite some time now.. These Yee-Hoo's never had a chance once she authorized the IT discovery, they should have discarded the arrogance and found a way to satisfy the equity advances, yet just like Dimon their arrogance and hubris got the best of them.. Now look where JPM is! In the Shark Tank!

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Inversor71 29/09/11 17:39

Ha respondido al tema Washington Mutual demanda a la FDIC por 17 billones US$ + daños

IMHO..Wow that was strong language from the Hedge Funds against our great honorable "trailblazin" judge. Hedgies are very upset that their business as usual has just been shutdown by a Delaware bankruptcy judge and are now trying to throw their weight around. If you read these appeals you get a very good idea of the arrogance they have and how they would have asserted their "blocking postions" against the debtors to make sure they were inserted into the GSA negotiations. Many have also opined that these very same hedge funds were responsible for the bank run and the ensuing shorting and NSS (1 Billion) of WMI prior to seizure (I would start by investigating Kevin Starke of CRT). I have a feeling this runs very deep and THJMW is now scratching the surface of how these funds really work. They are the ones who wanted to get involved, yet not sit on the USCC (unsecured crediotrs committee) but try to control the process. The debtors capitulated and let them negotiate the GSA that paid them in full, gave them the company (PIERS) and now they are crying foul because they wanted all equity cancelled because once it was cancelled the history they alledgely were involved in is now gone and their butts are saved. However, because they got greedy and wanted the coverup to release them and their brother of pre-seizure actions and BK actions, they lost the first confirmation, their own fault. She reiterated this fact in her first opinion. On the second confirmation they were "colored" on Insider Trading, we all know they may be responsible for the equity killing drop on March 12th. They knew well in advance and most likely drove up the stocks so they could make more profit off what they knew was coming. EC can easily prove this with an order for their trading records, this can not be covered up, the docs will reveal who caused March 12th and I have a bet it was the "ARCHITECTS OF THE GSA!" Yep, they got greedy again on POR 6.5 and lost it because of IT and Interest rates, they are the ones who are responsible for wasting the estates money and EC will definitely go after them in that penalty phase. Susman Godfrey knows what they are doing and this court has given them all the leeway it can, so a new example in BK courts can be set and acknowledge how the court expects creditors to be shackled if they want the confidential info the USCC usually gets. Now if the USCC members were also trading during this BK after they received the info, then that IT charge has to go their way also. This "RUNS VERY DEEP!" I have told you guys for the better part of 2 years now, that the 3rd circuit has had enough of these hedge funds controlling a legitimate process of reorganization because of their own greed. This case is a classic example of how they accumulate "blocking positions" and force debtors to let them in the room without them sitting on an official committee (USCC) and being shackled to the terms and conditions of such. If the SNH's/USCC/Debtors/JPM/FDIC really want to go down this IT road, the court has already given the leeway to the EC, in its opinion the court also gave the EC the further discovery it had requested, yep these yeh-hoo's have plenty of reasons to settle this case now! If they do not, then this little wrath of a Trailblazing WALRATH is nothing compared to what I believe she has tasked herself with doing and that is using this case to reform a system she has found herself to be a part of and has increasingly grown disgusted with.. They are like the dirt that gets on her Black Robe, she needs to vaccuum them off of it and for now has starting brushing it off with her hand Just like Lincoln "Freed the slaves" Washington fought for the Republic and built the country we are proud of and love even though he would have rather stayed home in MT Vernon, Leaders sometimes reluctantly have to do things outside of the norm to change a system. THJMW is now "trailblazing a new path" forward. Always keep in mind she did not need to address Thoma's hearsay presentation to her in Dec. She did not need to allow the Pro Se's to ramble on for hours, she didn't need to allow the EC to investigate the claims of IT, BUT SHE DID! Ask yourself WHY? When she said to Parker "Do you intend to go after just the 2 or all 4?" in the confirmation closing, I was sitting in my truck in a parking lot in Oregon on a beautiful sunny day and I knew right then and there that she was on a new path and this time "naysayers and judge haters" she took the road less traveled. As I have said "I believe this Judge is a very honorable one, who knows where this will lead and she nudges it in the right direction." As this case progresses and the Hedgies start to really squirm, then the media will of course jump on their side and have public discussions on how this ruling will change the way BK's are handled..She is giving them a chance, she has started the process of changing how BK's are handled, I bet her and her colleagues have discussed this case and really looked at how it can stand on the merits, case law and wording in the opinion. She never would have released such a scathing system changing opinion if she didn't think it would stand on appeal. She knew the Hedgies would appeal, that was a given, but they are really grasping at straws and I am sure she and her fellow judges and law clerks really put this one to test. She has to go down this road, it is the perfect case to change a really screwed up system and thanks to Nate (our hero) she is getting it done. HUM.. I feel this has been her goal ever since Thoma walked into her courtroom and she saw a way to change the system. The IT investigation was a shot across the Hedgies bow, but the trial that will happen after EC has done a real 2004 Investigation and this includes "attorney-client" privilege info that is potentially criminal will blow this whole paradigm wide-open. Hedgies will not succeed on appeal, because her opinion is a not a final order of compensation. The one after the real 2004 will be. They had to appeal because their business, reputations are on the line, IT is a fund killer and they know it. Let’s see if they are willing to “go the distance.”

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Inversor71 28/09/11 23:03

Ha respondido al tema Washington Mutual demanda a la FDIC por 17 billones US$ + daños

No. $54B Claim is not the Case of the Law. No way. No how. Even Rosen cannot say in good conscience that the $54B claim asserted by JPM and FDIC has validity and merits (maybe on certain items or some aspects, certainly not as a whole), and believe it the law of the case. What the “F&R” opinion (note the omission of “fair” in the second Opinions) really mean, in my view, is that the Judge approves the “compromising approach”, and subsequently deems the compromised results (GSA) by interested parties as acceptable. On individual claims, the Judge did say the debtors have a strong likelihood of success or a fair likelihood of success in certain key claims (like deposit dispute and tax refund dispute). But she never elaborated on the merits of the combined claims of $54B by JPM and FDIC one way or the other. In the September Opinions, the Judge clearly stated “the order was not a decision on merits.” She only cited “complexity” and “difficulty in collection” in regard to $54B claim as part of the reasons in approving the GSA. Given the Court’s preference of “compromising/settlement via negotiation” to costly and lengthy litigations, and the low threshold of reasonableness, as long as the debtors are willing to compromise with the adversaries, baring from willful misconducts, the Court is willing to accept the compromise as reasonable. It’s frustrating to us laypersons’ normal minds and common sense, which believe if you have not made the decision on the merits of something, how can you call the whole deal “fair and reasonable”? However, as I’ve learned over the course of WMI ordeal, especially through the Court’s first and second Opinions, compromise is the rule of thumb in BK practices. The Court has no obligations to litigate every single claim unless the debtors (or maybe someone else) want to. In this case, the debtors gave up for whatever reasons. The Court accepted it (the compromise). But the court did not address the merits of $54B claim, let alone to validate the claim as “the case of the law” by a sweeping “F&R” statement. I also don’t think the $54B claim is an insurmountable hurdle. Otherwise, there wouldn’t have been even the current GSA at all. No one believes JPM and FDIC would have “compromised” their own interests ($54B claims) in exchange for $3B in a 30-70% formula (the debtors receiving 70% while JPM/FDIC 30% in total of $10B settled assets) if they have a strong case. Furthermore, why would they so adamantly insist to include the release clauses in GSA/POR if they have an overwhelming claim against the debtors’ estate? It’s prudent to temper our expectations and look at the case from all angles. But, some fears are unnecessary and can be a distraction.

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Inversor71 28/09/11 17:53

Ha respondido al tema Washington Mutual demanda a la FDIC por 17 billones US$ + daños

Equity is already in the $ if it accepts the GSA because the court has told the SNs that either they give up $ in mediation or have it taken from them. I'm skeptical that the SNs will be able to get anything out of JPM; more likely that if things drag out such that we are on the threshold of an expedited hearing JPM will offer the EC something rather than risk losing the GSA

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Inversor71 14/09/11 21:38

Ha respondido al tema Washington Mutual demanda a la FDIC por 17 billones US$ + daños

MANZANA Yo pienso que la mayoría de los accionistas que se mantienen largos , estamos conscientes que una decisión de ´rechazo del POR por si sola no puede hacer subir las acciones en forma considerable; ya que todavía no se llegado ha una solución definitiva del caso. Sin embargo, personalmente , considero que los accionistas estamos en una mejor posición, que a finales del año pasado y comienzos de este año; cuando se rechazo el POR ANTERIOR.

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Inversor71 05/09/11 17:23

Ha respondido al tema Washington Mutual demanda a la FDIC por 17 billones US$ + daños

Very revealing Starke discussion-Does this reveal the Judges mindset on her opinion? Interesting enough, was Starke’s court room drama with the Judge about TPS “equitable mootness” and whether this Judge has authority to make a decision without “ring fencing” the funds in the event Walrath is overturned on appeal. Without a doubt, this Judge in her mindset wants to equitably moot TPS in the event she approves this POS POR 6+. This in of itself is troubling, because Starke drew her into very clear discussion on what she thought and it would seem to me she talked way too much. What was the point in her arguing with Starke if (1) she already had her mind made up, (2) if she was NOT going to approve POS POR 6+? Yes, it would seem if this Judge was NOT going to move this mess forward, why would she have entered into such discussion with Starke? The more I think about this discussion which I now feel VERY strongly about, it is/was case altering. The Judge argued with Starke to the point as if she already decided to approve the POS POR 6+. This would “equitably moot” out TPS and also been troubling for the court all along and somehow give Equity its own shot with the litigation trust fund after approval. This Judge was very concerned with Starke as he said his appeal “freezes” this entire case or at least the Judge would have to “ring fence” the funds if she wanted to move this forward. To this point, remember what Rosie changed at the last minute with the POS POR 6+, if there is anything left in the plan it could flow to Equity and when some people on the board saw the plan was not cancelling Equity they got excited. I have not said much about this but I keep going back to the VERY argumentative discussion with this Judge who I think gave away information as to which way she is going with this mess. Take this thought process with the question she asked one of our opposing lawyers about “do you think the insider trading would prevent approval of this Global Settlement/POS POR 6+) and his response was absolutely not. The more I think and read about Walrath’s mindset, the more it appears she wants to approve this POR to equitably moot out TPS, let Equity go after insider trading via the litigation trust fund (very troubling if true) and ignore the Supreme Court (Stern) and ANICO decisions. Do you think that Walrath can approve this POS POR 6+ and give Equity their ONLY shot via the litigation trust fund?

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Inversor71 25/08/11 17:39

Ha respondido al tema Washington Mutual demanda a la FDIC por 17 billones US$ + daños

My fear for whatever is worth After what JPM said about only punishing some but not all, and her immediate response to ask if the wording on the GSA allowed that, is my first piece of the puzzle. Then later, her huge interest in almost pushing the EC to go after more that two hedges instead of four, hints me that she is probably looking for a way to get this all mess out of her court by PARTIALLY approving this crooked plan, but give the EC a lollypop to go home with an approval to litigate by itself against the SNH. I think Nate brought to her the life boat she was waiting for, and she is going to hold on to that boat fiercely in order not to go against her bosses. (JPM/FDIC)

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Inversor71 23/08/11 23:18

Ha respondido al tema Washington Mutual demanda a la FDIC por 17 billones US$ + daños

MAXI, nuevamente te molestas porque no comparto tu punto de vista. Quiero que consideres que lo que para TI está sumamente claro y resuelto , para Mí tiene una serie de interrogantes como las siguientes: 1) Porque todavía no se ha aprobado el POR 2 Porque han tenido que presentar más de 6 POR para intentar su aprobación. 3) Porque los DEBTORS no han entregado la información que el EC ha solicitado. 4) Porque las acciones siguen cotizándose a precios superiores , a los que estaban cuando se cerró el banco. 5) Porque los Debtors aceptaron conversar con el EC, si tienen la razón. 6) Porque cada vez más accionistas siguen presentando objeciones al POR.

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