albetross • 1 hour 9 minutes ago
0
users liked this posts
users disliked this posts
0
Reply
Great News! Wamu Initiating Major Lawsuit vs FDIC/JPM!!!!!!!!
On 9/25/08 the FDIC/OTS seized Washington Mutual, Inc.'s (WMI) banking subsidiaries and awarded them to JPM for $1.9 billion. The $1.9 billion is being held by the FDIC first for distribution to the creditors of the seized subsidiaries, then any residual to WMI.
The seized assets included 2,200 branches, $265 billion in deposits, and two credit card companies.
Section 548(a)(1)(B) of the Bankruptcy Code allows a debtor to recover assets that have been 'fraudulently' conveyed. All that is required is a showing that WMI's property was seized (1) within one year of its bankruptcy filing, (2) while WMI was insolvent or undercapitalized or was made insolvent or undercapitalized by the seizure, and (3) that WMI did not receive reasonably equivalent value for the seized property.
WMI has $4.4 billion on deposit with JPM that was on deposit with its former subsidiary, Washington Mutual Bank, and there has been much speculation that WMI is allowing JPM to keep the money because the parties are discussing a buyout/settlement of litigation claims.
There have been numerous delays on the hearing for release of this money if JPM doesn't make an acceptable offer Wamu/WI will institute a fraudulent conveyance adversary proceeding. Such an action won't take long to litigate as it will be a battle of pleadings supplemented by financial analyses. Neither the FDIC nor JPM has a chance of winning.
WMI's equity in the seized assets has been assessed at $26 billion. This is BOOK value and the market value would likely be around $200 billion (if you estimate it takes about $10MM per branch x 2,200 branches, plus the credit card companies). The bankruptcy court will award WMI the market value as that is the truest assessment of the seized assets. Less
Leider ohne Link