lodas
2 hours ago
Significant Features of the Seventh Amended Plan
The following is a brief overview of certain provisions of the Seventh Amended Plan and is qualified in its entirety by reference to the full text of the Seventh Amended Plan, a copy of which is annexed hereto as Exhibit A, as well as the documents included in the Plan Supplement. For a more detailed summary of the terms and provisions of the Seventh Amended Plan, see Article VI below.
1.
Reorganization
The Seventh Amended Plan contemplates a reorganization of the Debtors pursuant to chapter 11 of the Bankruptcy Code. After the Effective Date of the Seventh Amended Plan, Reorganized WMI’s assets will consist of its Equity Interests in WMI Investment and WMMRC, as well as in WMB (unless and until WMI abandons its interest in WMB prior to the Effective Date, as discussed further in Article VIII hereof and in all respects, in a manner consistent with previously issued rulings by the Bankruptcy Court), the Senior Notes Release Consideration and Senior Subordinated Notes Consideration (discussed below in Section III.B.6.b(iv) hereof), as well as, as a result of the Reorganized Common Stock Elections, certain Runoff Proceeds and Litigation Proceeds.
As set forth in Sections 1.140 and 27.3 of the Seventh Amended Plan, all of WMI Investment’s assets will be contributed to a Liquidating Trust (discussed below), such that WMMRC, which is currently operating on a “runoff” basis, will be Reorganized WMI’s only operating subsidiary. WMMRC, a Hawaiian corporation and non-debtor, wholly-owned subsidiary of WMI, is a captive reinsurance company, created to reinsure the risk associated with residential mortgages that were originated or acquired by WMB. Mortgage insurance for WMB-originated or acquired loans had historically been provided by seven mortgage insurance companies (collectively, the “Mortgage Insurers”), although currently WMMRC is party to mortgage reinsurance agreements (the “Reinsurance Agreements”) with only six mortgage insurance companies. WMMRC entered into Reinsurance Agreements with each Mortgage Insurer, pursuant to which it would share in the risk, in the form of claim losses, in exchange for a portion of the premiums generated from the residential mortgage loan portfolio held by the Mortgage Insurer.19 See Section IV.A.6 and Articles VII and VIII hereof for financial projections and information related to Reorganized WMI (including, in particular, WMMRC), as well as further discussions relevant to WMMRC’s business and to certain tax consequences related to the consummation of the Seventh Amended Plan.
__________________________
19 One of WMMRC’s Reinsurance Agreement counterparties is PMI Mortgage Ins. Co., Inc. (“PMI Mortgage”), which Entity was seized by Arizona state regulators on October 20, 2011. The Debtors understand that, although PMI Mortgage has ceased writing new business, PMI Mortgage will continue to insure its existing mortgage loan portfolio on a runoff basis, and will continue to make payments of premium income to WMMRC pursuant to the Reinsurance Agreement.
20
Pursuant to the Seventh Amended Plan, Reorganized WMI will issue (i) the Runoff Notes and (ii) the Reorganized Common Stock. Certain Creditors may elect to receive or may by default receive Runoff Notes in lieu of the distributions of Creditor Cash such holders would otherwise be eligible to receive on the Effective Date, which elections will be honored, to the extent Runoff Notes are available and to the extent that electing holders are entitled to receive Creditor Cash on the Effective Date, in a manner consistent with the Subordination Model annexed as an exhibit to the Seventh Amended Plan, a copy of which is set forth in Section III.B.6.d hereof. The Reorganized Common Stock will be distributed (i) to holders of Equity Interests, to be allocated among the current holders of WMI’s preferred and common Equity Interests in the manner set forth in the Seventh Amended Plan or such other manner as ordered by the Bankruptcy Court, and (ii) with respect to the Common Stock Allotment (i.e., Ten Million (10,000,000) shares of Reorganized Common Stock, representing five percent (5%) of the issued and outstanding Reorganized Common Stock as of the Effective Date), to those eligible Creditors that make Reorganized Common Stock Elections, all as discussed in greater detail below.
Reorganized WMI will be funded by (i) the Seventy Five Million Dollar ($75,000,000.00) Senior Notes Release Consideration and Senior Subordinated Notes Consideration from the holders of Allowed Senior Notes Claims and Allowed Senior Subordinated Notes Claims, (ii) as a result of the Reorganized Common Stock Elections, subject to the relative priorities thereto set forth in the definitive documentation governing the Runoff Notes, Runoff Proceeds in an aggregate original amount of Ten Million Dollars ($10,000,000.00) plus any interest accrued thereon at a rate of thirteen percent (13%) per annum, as well as certain Litigation Proceeds, and (iii) to the extent of any, all Runoff Proceeds that are generated after full satisfaction of all amounts due on the Runoff Notes. In addition, subject to the terms and conditions set forth more fully in the Seventh Amended Plan and the definitive documentation governing such loans, AAOC has committed to provide the One Hundred Twenty Five Million Dollar ($125,000,000.00) Credit Facility to be used by Reorganized WMI to finance working capital and general corporate purposes, as well as certain permitted acquisitions and transactions..............Lodas
ron_66271
10 hours ago
More LIBOR.
“ENDORSED LETTER addressed to Counsel from Naomi Reice Buchwald United States District Judge dated 3/21/2025 re: In re LIBOR-Based Financial Instruments Antitrust Litig. ENDORSEMENT: As you are no doubt aware, 56.1(e) of the Local Rules of the United States District Courts for the Southern and Eastern Districts of New York contemplates a single, consolidated document that reflects the parties positions regarding material facts. The sequence followed by the parties, involving plaintiffs errata submissions and defendants submission of a reply, did not result in a single document, as envisaged by Rule 56.1. Accordingly, the Court requests that each side submit, for its respective 56.1 statement, a consolidated document reflecting the initial statement, response, reply, and errata. For any language that has been modified by plaintiffs errata submissions, the document should clearly indicate what text is original and what text reflects the corrections made by plaintiffs in their errata submissions. Each side is directed to submit its consolidated document via ECF and to deliver one printed copy to Chambers by April 10, 2025. (Signed by Judge Naomi Reice Buchwald on 3/21/2025)”
[t][/t]
Ron
ron_66271
13 hours ago
Yes This is About Us.
“2025NOTICE OF VOLUNTARY DISMISSAL WITH PREJUDICE OF THE NORINCHUKIN BANK PURSUANT TO F.R.C.P. 41(a)(1)(A)(i): PLEASE TAKE NOTICE that, Plaintiff The Federal Deposit Insurance Corporation as Receiver for 20 Closed Banks, by and through its undersigned attorneys, hereby dismisses with prejudice all of its claims against Defendant The Norinchukin Bank in the direct action Federal Deposit Insurance Corporation as Receiver For Amcore Bank, N.A., et al. v. Bank of America Corp., et al., 1:14-cv-01757 (S.D.N.Y.), pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure, without interest or costs to any party. SO ORDERED. (Signed by Judge Naomi Reice Buchwald on 3/20/2025)“
‘’et al”
https://www.docketbird.com/court-cases/In-re-Libor-Based-Financial-Instruments-Antitrust-Litigation/nysd-1:2011-md-02262
Ron
AZCowboy
15 hours ago
~ You're Welcome Clinton, and So Many, Many Others', ... "Money Has No Emotion.", "Only Reality" ... So, the TRUTH in the Evolutional Process Has Been Important to ol' cactus, ... and this Cowboy' also approaches investments (especially WaMu), without emotion ~
Thankfully, due to another rosie boner', ... the Wells Fargo Trustee notified the Judge of what was being attempted, and ultimately, the classes below the 16's were allowed ...
2012's WMIHC was formed at the WMI Reorganization ...
in 2015' ... WMIH became a relevant entity ...
in 2018' ... a loan servicing subsidiary group became necessary ...
... the Release Documents, were and are Cusip Specific to Each Individual Owner and to the Amount of Ownership submitted' ... the process in the release describes how, the Release was to be submitted to a broker, then packaged by the broker and submitted to KCC, and then KCC submitted the record keeping to the DTC ...
So, some facts that ol' cactus concludes ...
with the wmi-lt now closed up, ... there will be NO MORE wmi-lt related distributions, or LTI's able to be issued and the misunderstood "TO THE END" has come and gone' ...
the numbers being proffered about are ridiculous ...
the WMI Relevant Trusts were purposely moved, so public accounting would NOT BE Necessary ... WMIH / COOP 10-K described' ...
... anger, lies, the twisting of presentations, and the misreading and misunderstandings of the WMI reorganizational documents is all that is professed here these days' ... and ol' cactus iggy's all of it ...
AZ