Washington Mutual demanda a la FDIC por 17 billones US$ + daños

Los juicios se determinan con hechos realistas, no con conciencias interesadas ni falseando datos e informaciones para engañar al público.

http://www.businessweek.com/news/2011-09-28/wamu-noteholders-appeal-judge-s-rejection-of-reorganization-plan.html

http://wmish.com/docs/927/

Como siempre de esto mrsimpson nunca cuenta nada, lamentable. Bien beseguo analizando de igual manera a las dos partes.

Saludos

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

Mr Simpson ha salido temprano de viaje y acaba de aterrizar así que te den tus opiniones Besugo que las mías no las necesitas.

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.

Has there ever been a better fit for the 5 stages of grief

Denial — "I feel fine."; "This can't be happening, not to me."

Anger — "Why me? It's not fair!"; '"Who is to blame?" (it is that crazy Judges fault)

Bargaining — "Well do anything to avoid prison."; "We will give my all our profits if..."
The third stage involves the hope that the SNH can somehow postpone or delay prison. Psychologically, the SNH is saying, "I understand I will go to jail, but if I could just do something to buy more time..."

Depression — "We are so sad"; "I'm going to prison soon so whats the point... What's the point?"; " It is not recommended to attempt to cheer up a SNH who is in this stage. (he he)

Acceptance — "It's going to be okay."; "I can't fight it, I may as well prepare for it."
In this last stage,SNHs begin to come to terms with their crime...