Re: Debtors motion objecting to formation of an EC. Edito número de pág.
Otros puntos importantes:
3. Before the ink was dry on the US Trustee's notice appointing the Equity Committee, the Debtors filed their motion to "disband" the Equity
Committee. After wading through the Debtors' circular and inconsistent arguments, the basis for their Motion devolves to this: if the Equity Committee is allowed to learn enough to effectively participate in the formulation of a plan and the negotiation of the Pending Litigigation, it will confirm that value exists for equity holders and will then insist that equity holders receive value, making it more difficult for the Debtors to wrap up the estate with recoveries for creditors alone.
13... The claims brought by the Debtors are huge and in most instantces liquidated. Unless there is some reason to question whether those claims were not commenced in good faith, there will be recovery for the equity holders. Comparing just the $20.5 billion in liquidated claims to the Debtors' approximately $8 billion is scheduled debt evidences the strong likelihood of a substantial distribution to WMI's equity holders. Adding the Debtors' unliquidated claims to that balance merely buttresses the US Trustee's conclusion to appoint the equity committee.
26. The Debtors' own pleadings give every indication that WMI's equity holders have a significant likelihood of a meaningful recovery...
29. In sum, there is no basis upon which to conclude that the Debtors are hopelessly insolvent. On the contrary, a substantial distribution is likely for WMI's equity holders.