WILMINGTON, Del., July 20 (Reuters) - A bankruptcy court judge appointed an examiner to investigate potential legal claims and assets of Washington Mutual Inc (WAMUQ.PK) in a ruling that is a victory for shareholders.
Judge Mary Walrath directed an examiner to investigate not just the legal settlement at the heart of Washington Mutual's reorganization, but also all potential claims and assets that are part of the settlement or that will be retained by the company.
The examiner has been long-sought by shareholders, who argued the company's assets are worth as much as $30 billion and that they are being improperly denied a chance to recover losses in the company's proposed reorganization.
Washington Mutual filed for bankruptcy in September 2008, the day after its lending operations were seized by regulators in the biggest bank failure in U.S. history.
Most of its bankruptcy has been spent fighting legal battles.
Earlier this year, the company settled its main disputes with the Federal Deposit Insurance Corp, which sold the seized bank, and JPMorgan Chase & Co (JPM.N) for $1.9 billion.
The company has proposed a reorganization plan based on that settlement that provides as much as $6.8 billion for creditors, but nothing for shareholders.
The judge accepted arguments the company settled without fully measuring potential claims and without helping shareholders conduct their own examination.
"Given the inability of the parties to fully investigate all of the claims, I'm not in a position to decide the reasonableness of the settlement and I believe the examiner is the way to go," said Walrath, who rejected the appointment of examiner earlier this year.
The equity committee that represents shareholders said in a statement that it was "thrilled" by the ruling.
"We look forward to an independent investigation into the claims and assets of the estate," it said.
Creditors, shareholders and the company sparred throughout the morning over the extent of the examiner's brief, with senior creditors and the company citing risks that, without a short leash, an investigator could undo the proposed reorganization.
"Is it really going to be a case that falls off the rails on our watch?" said Susheel Kirpalani, an attorney with Quinn Emanuel Urquhart & Sullivan, which is special counsel to Washington Mutual.
Walrath accepted a broader brief than many of the creditors wanted. She directed the U.S. Trustee to name a candidate by Monday and directed the examiner to provide a work plan by Aug. 7 and a preliminary report by Sept. 7.
A hearing on the company's disclosure statement, which must be approved before it can send its reorganization plan to creditors for a vote, was postponed until Sept. 7.
The judge also said she would also take up on Sept. 7 the legal issues of allowing shareholders to hold an annual meeting to appoint a new board of directors.
As is often the case at Washington Mutual hearings, the court was forced to provide temporary seating for the sweaty, overflow crowd of individual shareholders, who clearly anticipate the examiner will uncover hidden assets.
"The judge wants to see what's in the wallet and she wants to see everything in the wallet," said Doug Meehan, a Washington Mutual shareholder from Moorestown, New Jersey.
Walrath rejected the appointment of an examiner earlier this year, saying at that time the company "had been investigated to death."
The equity committee's attorney has often cited what he said was evidence that little real investigative work had ever been done by the company before it agreed to a settlement.
"To say it was investigated to death is like saying a paper cut is a fatal injury," said Justin Nelson, an attorney with Susman Godfrey, which represents the equity committee.
http://uk.reuters.com/article/idUKN2026582720100720