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

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Washington Mutual demanda a la FDIC por 17 billones US$ + daños
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Washington Mutual demanda a la FDIC por 17 billones US$ + daños
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#13073

El plan de Rosen

Is Rosen going to pull some trick up his sleeve and try to set some new precedent in this case as to the position of shareholders in BK court? This is what we know:

1. Rosen has now put together 5 POR/DS all with the appearance that equity has zero to gain based on the valuation of the estate and that all equity will be cancelled.
2. Rosen has clearly tried not to acknowledge equity throughout this bankruptcy and has never agreed with the judge that he represents equity in any way. He clearly has shown that his interest is only in supporting debtors and creditors and to give them the remaining company and supposedly worked very hard to make a deal with JPM/FDIC just to get enough money to take care of his client.
3. Rosen and gang have decided to withhold just about all documents and surely any of importance related to this case thus implying that equity has no right to see them. See quote from bottom of page (Peg's article) that suggests this to be true.

So, what is Rosen's strategy on the 8th? I am no attorney nor do I clearly understand BK proceedings. However, it looks like Rosen is going to try to come at Walrath to show how discovery should not be allowed since equity is on the outside and can damage all of the hard work just to get a deal done. He will pull some case history from under his hat and do a little hocus-pocus. Rosen will also try to block the examiner by preventing Walrath to rule on it a second time by using some magic tricks with a little smoke for special effects.

Will he be able to bend Walrath to get her to believe that equity should be left on the outside and not be give proper discovery? This is hard to imagine since equity is on the same side as the debtors and creditors and is simply next in line. Will he be able to block decision on examiner by stopping decision by Walrath and force it to remain in 3rd circuit court of appeals? This one I am less sure about, but I bet he will use her previous ruling against her.

I am expecting him to have a big plan. Otherwise, it just would not make sense to act like he does not represent equity. Could Rosen be trying to set a new precedent whereby equity has no say even with an equity committee that is allowed to intervene? How can that even be possible?

"Lawyers for the parent company said shareholders would be entitled to the legal insights if their interests were considered the same as the interests of Washington Mutual. The parent company says shareholders are on the outside, when it comes to cash and information. "

#13076

Re: Nueva moción del EC

This is going to get UGLY!

One point (pdf page 17):

The timeline in the proposed order is also objectionable because ignores two pending actions that must be completed before the confirmation hearing should commence: THE APPEAL OF THE EQUITY COMMITTEE'S MOTION FOR AN EXAMINER AND THE SHAREHOLDER'S ACTION TO COMPEL THE ELECTION OF A NEW BOARD. BOTH OF THESE PROCEEDINGS MUST BE DECIDED ON THE MERITS BEFORE THE CONFIRMATION PROCESS IS COMPLETED or they will be moot.

#13077

Re: Nueva moción del EC

Bueno por el volumen y la cotización está claro que este jueves no se decidirá nada, más bien otro DELAY.

Saludos

#13078

Re: Nueva moción del EC

Hola Maximunae69

Si hay otro delay ; cuál crees que se el propósito

#13079

Re: Nueva moción del EC

de momento hasa el dia de hoy SIEMPRE has acertado con las predicciones de si se decidira algo o no. OJALA TE EQUIVOQUES y se produzca algo, para bien por supuesto.
saludos

#13080

Agenda 8 de Julio

http://www.kccllc.net/documents/0812229/0812229100706000000000006.pdf

El DS tiene más de 700 objeciones, yo creo que Rosen sabe mucho y va estar eternizando esto con más DELAYS jugando con el tema del DS y sus objeciones, como la juez no se ponga firme con él y apruebe un examiner aunque yo lo veo muy dificil para el jueves. Aunque como bien has dicho ojala me equivoque para bien.

Saludos

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