“Judge Mary F. Walrath of the U.S. Bankruptcy Court in Wilmington, Del., indicated she would sign off on the reorganization proposal, provided Magna tweaks some liability releases included in the plan.
She affirmed that a settlement between Magna's unsecured creditors and its largest shareholder and lender, MI Developments Inc. (MIM, MIM.A.T) was appropriate, despite claims by a group of minority equity holders that MI Developments was scoring a windfall at the expense of creditors.
"I don't think [MI Developments] is getting any trophies here, any more than what it's giving up," Walrath said, estimating that MI Developments is providing some $710 million to $750 million in value in exchange for assets worth far less in today's market.
Under the settlement, first introduced in January, the Stronach-controlled MI Developments will funnel enough cash into the bankruptcy estate to afford the unsecured creditors a 40% to 50% recovery on some $250 million in claims, in exchange for assets like Pimlico Race Course in Maryland and Santa Anita Park in California”.
The decision here was based on the wide gap between the A>L and the stretch of the imagination that would have to be employed to make the shareholders in the money. The only one willing to come to the table was MI Development.
In WMI BK, you have a completely different situation, the money line between A>L, L>A is slim to start and with any recognition of the manipulations carried on by Rosen since this case began (who by the way was involved in Magna) , begs to have the court look into the wood pile for everything juggled; Assets shifted back and forth to avoid A>L, WMI assets marked down excessively , assets not revealed, (notably JPM coveted assets), not to mention un-liquidated assets, (legal recourse against FDIC/JPM for damages) when Weil/Rosen abandoned “discovery” with glee in Dec 2009. In addition, to these insults to make all of Rosen’s “partners” happy, further conveys a blanket immunity to JPM, FDIC, and WMI execs (get out of jail card free) and for the FDIC (to bury a shameful mistake on destroying a 100+ year old banking company).
Now if Judge Walrath is true to her word, she will have to put her foot down (maybe with a blanket order for access to discovery), approve a shareholder vote, and in retrospect, can’t put her stamp of approval on the POR/POS as the “financials” do not warrant such a dismissive (action as in Magna), nor can she approve blanket immunity in the face of several lawsuits containing material evidence that shouts FRAUD!
In 24 hours you will have your answer.