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Joined: 10/29/2008 Posts: 1,180 Location: Ca
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Status of my letter to the judge 27-Jan-10 07:16 pm When Weil posted their response to the EC on Monday I started a thread about a letter I intended to write to the court. I sent it express mail on Tuesday and it arrived today.
"Your item was delivered at 1:44 PM on January 27, 2010 in WILMINGTON, DE 19801. The item was signed for by C ORKIS"
I didn't see it posted to the docket (I requested it be posted in my cover letter). So I thought I would share my letter with the board.
(PART 1/2)
The Honorable Judge Mary F. Walrath,
I am a pre-seizure shareholder of Washington Mutual. I recently read the debtor's response in further support to disband the Equity Committee submitted by Weil, Gotshal, & Manges on January 25th, 2010. I found the debtor's reference to a "gift recovery" to be insulting in the extreme and it has prompted me to contact the court. Like many shareholders, I sit on pins and needles as I follow this case closely. I have consumed every scrap of information that makes its way through the court, but ultimately feel like a helpless bystander. Many of us have put our faith and hands in the debtor's savvy council Weil, Gotshal, & Manges over the last 16 months. However, the recent behavior and aggression against the community of retail equity holders has left us baffled. I am also angry by their implication that we are looking for a handout.
My family has suffered greatly. We lost our life savings after WMI's assets were seized by the FDIC. Any hope for a secure future was destroyed in an instant. Worse yet we were left with only IRS debt due to a difference in tax basis of capital loss and income gain. I love my wife dearly and imagined that we would always be together, but we were dangerously close to divorce as we struggled with the pressures of my financial mistakes and the pressure of our 2 infant children (now toddlers). We are still struggling to this day. The only thing we have left is the hope of justice.
The media has blamed both our regulators and financial institutions for these failures, but people like me are the one left to bear the burden. Weil argues voraciously for the creditors, but I wonder who owns this debt now. Is it likely the same people that profited from this to begin with? It saddens me to think that greedy entities purchased distressed debt knowing that they could exploit equity in the end because it was the expedient path.
Weil argues on the one hand, that they sufficiently represent the interests of equity, while on the other, imply that they have no intent to pursue difficult and lengthy litigation that could result in recovery. It is clear to me that they do not have equity's interest at heart. It would appear that they seek the path of least resistance in an effort to expedite the recovery for creditors. If there has ever been the need for an equity committee in bankruptcy then this case is it. There is pending litigation for claims that potentially exceed 52 billion dollars, but the debtors would wipe any chance of equity participating in that recovery by ignoring us a seat at the table.
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