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.”