"It is a proceeding to resolve Debtors' claim to $4 billion in deposits, and JPMC cannot continue to unlawfully retain those amount without at least asserting some legitimate factual basis for doing so. In this, JPMC fails, and it's recent filings make it clearer than ever that Debtors are entitled to immediate return of their Deposit and that motion should be granted. Indeed, the best that JPMC can do is acknowledge that there are "some individuals" who recognize that the Accounts hold Debtors' Deposit and others who merely " do not know" - that is not a dispute, it is untroverted evidence in Debtors' favor.
Unable to establish a lawful basis to claim that it owns the Deposits, JPMC has resorted to a massive exercise in misdirection, going to extraordinary lengths to confuse the issue in this case in the hopes of creating the appearance of a dispute where none in fact exists. The best example of this is that JPMC devotes the majority of its two opposition briefs and supporting documents to Debtors' transfer of $3.674 billion from a demand deposit account at Washington Mutual Bank ("WMB") to a demand deposit account at WMB fsb. According to JPMC, that transfer "may" have been ineffective on the basis that it "potentially" violated various regulations and bank protocols. Even if JPMC could make such showing (which it fails to do), it would not affect the correct outcome here. Debtors are entitled to their Deposits whether they were holding them in an account at WMB or transfer them to an account at WMB fsb, and their estates are entitled to Debtors' money either way.
Furthermore, JPMC's baseless effort to cast WMI's transfer of $3.674 billion in Deposits in a suspicious light finds no factual support. The undisputed evidence demonstrates that the transaction was entirely proper and performed consistent wth the requirements of relevant policies and procedures. Even putting that aside, JPMC fails to explain how any supposed technical irregularity by Debtors would in any way render the transfer void or somehow entitle JPMC to withold Debtors' funds. At the end of the day, JPMC seems to be operating on the false presumption that a bank is entitled to withhold a customer's deposit pending a full blown audit of the customer's internal accounting and operations. That is simply not the case.
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Jeezzze, returning their fucking money already.
I'm ready to backup my truck for more WAMUQ on Mon. There you go folks risktakers, this sucker will hit $1 in one or two weeks if WaMu come out on top Friday 09/25.
If it hits one dollar, I would sell a portion of my holdings to lock in my cost, and I couldn't careless if Wamu & JPMC fought to death.
Enjoy a great fight.