Thomson Reuters News & Insight
Featured Content from WESTLAW
Beginning in June, Thomson Reuters News & Insight content will be available exclusively on WestlawNext®, as part of its Practitioner Insights offering. On June 21, the Thomson Reuters News & Insight website, iPhone® app and newsletters will be discontinued. See Frequently Asked Questions to learn more.

Legal

  •  
  •  

WaMu REUTERS Mike Blake

WaMu settles dispute, eyes bankruptcy exit

12/13/2011 COMMENTS (0)

Dec 13 (Reuters) - Washington Mutual Inc, the biggest bank to fail in U.S. history, said it reached a settlement in a dispute between shareholders and certain creditors that had prevented the bank from emerging from Chapter 11 bankruptcy proceedings.

WaMu got a respite late on Monday when it said in a court filing that the shareholders represented by an equity committee would drop legal claims against settlement noteholders.

"The Equity Committee and its advisors are pleased with the result and look forward to and support the swift confirmation of the plan," said Michael Willingham, chairman of the Equity Committee appointed in the Chapter 11 proceedings.

Washington Mutual has languished in Chapter 11 bankruptcy since regulators seized its savings and loan in September 2008.

The plan to settle the dispute will allow WaMu to distribute $7 billion to creditors.

"The proposed settlement agreement represents a positive step toward completing the Chapter 11 process," WaMu said.

WaMu's reorganized assets will consist of its equity interests in WMI Investment Corp and WM Mortgage Reinsurance Co Inc. The reorganized company will be funded by a $75 million contribution from certain creditors. The reorganized entity will also receive a credit line of $125 million from the noteholders, according to the court filing.

WaMu said the majority of common equity in the reorganized company will be distributed to the company's current preferred and common equity holders.

In September, Judge Mary Walrath rejected WaMu's second attempt to end its bankruptcy as disputes raged between the shareholders and noteholders.

In her earlier opinion, Walrath had ordered mediation as a way to end lingering disputes between the warring parties.

Washington Mutual filed for bankruptcy in September 2008, at the height of the financial crisis, after regulators seized its savings and loan business.

The banking business was sold by the Federal Deposit Insurance Corp to JPMorgan Chase & Co for $1.88 billion.

Almost immediately after the bankruptcy started, Washington Mutual, the FDIC and JPMorgan began a legal battle to sort out who owned what of the failed bank.

The case is In re Washington Mutual, U.S. Bankruptcy Court, District of Delaware, No. 08-12229.

For Washington Mutual: Andrew Irgens, Chun Jang, Cory Kandestin, Drew Sloan, Jason Madron, Julie Finocchiaro, Lee Kaufman, Mark Collins and Travis McRoberts of Richards, Layton & Finger; David Hird, Diana Eng, Lisa Cloutier, Patricia Astorga, Rachel Swartz and Richard Slack of Weil, Gotshal & Manges; David Permut of Goodwin Procter; David Stern, Lee Bogdanoff, Matthew Heyn and Whitman Holt of Klee, Tuchin, Bogdanoff & Stern; Neil Lapinski, Rafael Zahralddin-Aravena, Shelley Kinsella and Theodore Kittila of Elliott Greenleaf.

(Reporting by Sakthi Prasad in Bangalore)

Follow us on Twitter: @ReutersLegal 


Register or log in to comment.

© 2013 Thomson Reuters