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Na das sind aber deutliche Worte, wie sie in Börsenforen normalerweise sofort als Hirngespinste abgetan worden wären. Und das wurde auch noch von bkshadow reingestellt:
investorshub.advfn.com/boards/...sg.aspx?message_id=150346827
Die Fußnote A008 hab ich mal abgetippt, weil es doch recht interessant ist, da ist sogar von Milliarden und Trilliarden die Rede, oh oh, und das in einem Gerichtsdokument. Es geht also doch?!
(A008) the Debtors did not release their claims against
the Federal Deposit Insurance Corporation acting as receiver (the "FDIC-R"; the FDIC-R is a corporation established by the FDIC to administer claims by and against the two former banking subsidiaries of WMI). Those claims include anything seized by the FDIC.R that was not released pursuant to the Global Settlement Agreement (the contract forming the foundation of the plan) among the FDIC-R, the Debtors, and JP Morgan Chase & Co. Pursuant to Section 1.183 of the Plan, the Debtors' claims against the FDIC-R are a personal liability of the FDIC-R, a U.S. government agency, and ultimately backed by the U.S. Treasury. This means that any claims the Debtors (or the Trust as successor) have against the receivership are not worthless even if the receivership is insolvent because of the recourse against the FDIC-R. Nothing in the GSA releases the FDIC-R from liability for seizure of, inter alia, any mortgage-backed securities ("MBS") owned the Debtors from the more than $1 trillion in mortgages securitized by WMI as reported by the Debtors 10-K filings from 2000-2007. As the Debtors' Exchange Act filings were consolidated the only issue is how much of the approximately $36 billion (market value) in MBS reported on WMI's books as of June 30, 2008 in the 10-Q filing was owned by the Debtors and how much was owned by the seizured banking entities. The Third Circuit recognizes the interpretive canon 'expressio unius est exclusio alterus', or the expression of one thing implies the exclusion of others. Madar v. U.S. Citizenship and Immigation Services, 918 F.3d 120,123 (3d Cir. 2019). There is no mention of MBS in the Plan. As the GSA does not mention MBS any MBS owned by the Debtors on September 25, 2008 were not adjudicated, are property of the Trust, and are most likely in the control - if not the custody - of the FDIC.
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| Wertung | Antworten | Thema | Verfasser | letzter Verfasser | letzter Beitrag | |
| 56 | 14.211 | █ Der ESCROW - Thread █ | union | alocasia | 21.01.26 13:02 | |
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| 162 | 87.090 | COOP News (ehemals: Wamu /WMIH) | Pjöngjang | lander | 02.01.26 23:32 | |
| 10 | 1.580 | WMIH + Cooper Info | Orakel99 | Orakel99 | 02.01.26 21:29 | |
| 349 | 198.956 | Wamu WKN 893906 News ! | plusquamperfekt | union | 31.12.25 14:59 |