Re: POR 7 - 70% Preferentes vs 30% Comunes. We are in the Money !!!!
The reason why EC is giving up these claims in Delaware, is because the "real pot of gold" when it comes to JPM/FDIC is over in DC. The DC cannot and will not be released as per the new Stern V Marshall ruling. THJMW does not have jurisdiction over any claims that pertain to anything that occured PRE-BK, she does have jurisdiction over claims POST-BK...i.e Inisder Trading, JPMC and FDIC-R claims released as per the terms of the GSA.
Now what is the future of the Corporate claims in DC? Well that is for Judge Collyer to decide when she approves the Motion to Lift the Stay in Dcz after we exit BK. We will see a contingency agreement from Susman Godfrey in proform with activity picking up in early summer. The real money is in DC, not in BK.
Case in Point.. JPMC and FDIC-R together have brought 54B in claims against the assets of the estate, these claims are "unliquidated" but do have preferential treatment by the debtors. Some want to litigate these claims until each one is expelled or expunged, but one must realize the debtors stance is on the time it will take, not whether or not the claims have a so-called merit in THJMW's courtroom. She has already made the GSA "the law of the case" and therefore it now in stone until the appeals are heard. EC has decided it will just get out of her court and use the Litigation Trust to pursue claims in DC.
As THJMW has said we can only sue FDIC-R for the 1.9B that JPMC paid for the banks. That is it, we can sue JPMC, but we must prove their actions were "pre-meditated and not reactionary."
She also said we must prove WMI was insolvent if we want the claims to stick. Catch-22, but nevertheless, the law is the law and she has said "take it up with Congress."
DC claims are worth much more, beccause JPM and FDIC-C have "deeper pockets." Our claims that are currently stayed in DC, have merit and could easily be litigated in our favor with the "Quinn style" discovery Motion in Jan 2010. Many could not understand why THJMW denied the Rule 2004-1 Motion in Jan, what I saw was a Judge who did not want to litigate the DC claims in Del, only the BK claims.. She did not want to go back one day before the BK, only the Debtor claims as per the filing. She knew Collyer would be taking the real claims on after exit..
(Her goal was what Collyer said "what is and what is not property of the estate."
i.e.. Fraudulent Transfer/Conveyance, Preference
Now what I need is a link to the document that is the original filing in DC..Please? Time to get ready for Collyer's court, THJMW's is about to end...
Thanks
~Don~