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(bezugnehmend auf das bereits hier übersetzte Post von User fsshon/ #168964)
Zitat Bubba Southa:
Nice post and very emotional if I may add. However I can't believe you advocate for this judge when you know she has been taking decisions without a list of assets. Now I don't know shiat about bankruptcy law but my common sense says that that should be illegal yet she can get away with it in plain daylight...
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Zitat fsshon:
The main assets have been and are tied up in the GSA..All that is left is the cash and WMMRC. Which she allowed the EC to hire PSJ to show the court the value of such.
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ZItat Bubba Southa:
So why did she alllowed for us to lose the assets on the GSA without having an asset list? How can she know they are not hiding valuable assets without one. Is this legal? please explain.
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Zitat fsshon:
The GSA addresses the assets that are a part of the GSA. It is mostly gifted to JPMC, so they will release their unliquidated 27B in claims. FDIC-R is getting 800M in tax refunds plus releases for their participation in the GSA.
Now the reality of the FDIC-R not agreeing to extend the GSA is interesting. It makes one wonder what exactly they are up to?
The assets that are left post-GSA are addressed and PSJ has told us what they value the remainder of the estate at. THE EC wants to torpedo the GSA, in time they may just succeed.
This time, I have a funny feeling Judge Lyons is going to broker a deal for "all parties." We are most likely not going to be happy with it initially, but in time as value increases, we could be very happy.
If we keep the DC litigation, we could VERY HAPPY! THJMW has said "she does not have jurisdiction over those claims."
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Zitat WithCatz:
Bubba -- because, as testimony from the Debtors (A&M) says, they did not value each and every item of contention. They took the "business judgement" approach that "this pot of disputed assets" vs. "this pot of claims against assets" plus the "currency of settlement" (Tax Refunds) = the GSA.
It would be up to the DEBTORS to have argued point-by-point of assets, etc. The DEBTORS chose to run their affairs in a "big picture" {hidden} way, and that is a legal "business judgement" way to do things.
Stinks. yes. --- Again, do I like it, no.
Is it up to the court to say "no, you can't do it that way" ? -- not at all. It is within the purview of the DEBTORS to do it that way.
And it's a perfectly legal way to do it. The whole "litigation morass" problem -- the court (and the laws) allow for 'settling' of items without discrete valuations, listing, etc -- if it's in the interest (very loosely defined) of the Debtors -- to avoid {lessening} a possible result of litigation for years.
Given the pockets of JPM and FDIC, that's a real possibility here.
...Catz
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Zitatende
MfG.L:)
Alles nur meine pers. Meinung, kein Kauf- oder Verkaufs-Empfehlung!