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DIMEQ - Dime Bancorp Litigation Tracking Warrants


Josh4580

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Currently trading for $0.83 and most likely worth $2.40-$3.00 in the next Plan of Reorg for Washington Mutual.  Best source of information for this tracking warrant is at Investors Hub DIMEQ stock board at http://investorshub.advfn.com/boards/board.aspx?board_id=4907 . This is my favorite pick right now. 

 

There is a write up recently posted on SumZero that is a good read.

 

One should read the most recent opinion of Judge Walrath in her rejection of the most recent Wamu Plan.

 

http://www.kccllc.net/documents/0812229/0812229110107000000000007.pdf

 

-seach in that document for LTW to find the relevant sections

 

This could be the easiest money you make for 2011 IMO

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Josh4580,

Interesting idea. What makes you confident that this will get treated as a creditor claim rather than an equity claim, as proposed by the debtors? Is this a decision that the bankruptcy judge makes? I see the logic behind the creditor claim argument, but do you have any insights regarding the legal intricacies of how this decision is made? Also, any view on the likelihood of a settlement from the debtors/JPM?

 

Thanks

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I've gotten through most of the documentation from the court proceedings on this one. Seems like a good risk/ reward ratio with seemingly high potential for a 3 or 4 bagger. DIMEQ is a significant obstacle for the defendant, but small enough that they are likely to deal with them expediently. That said, the time frame for this is anything but clear. Even if its 2 years, it is a superior ROI at 3x current price.

 

Thanks for the idea Josh4580

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  • 2 months later...
  • 1 month later...

I have a clerical question... once the warrants are purchased, does one need to file a claim with the bankruptcy court or is that unneccessary because of the broadbill class action lawsuit? 

 

Generally you would need to file a claim on the approved form before the confirmation date.  In this case late claims would be a lower priority (12a) than general unsecured claims (12).  However, if the judge approves class action status, it is possible that all related claims will be given the same status.  If you hold a claim, better be safe than sorry.  :)

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The price of the warrants has fallen a lot recently. Are there any updates on this?

 

Broadbill withdrew as one of the plaintiffs, presumably because they took profits and sold out.

 

I dont believe this is true TWA, could just be you dont need two lead plaintiffs, and we already have Steinberg w/ Nantahala.  Do you have info to back up that Broadbill sold?

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The price of the warrants has fallen a lot recently. Are there any updates on this?

 

Broadbill withdrew as one of the plaintiffs, presumably because they took profits and sold out.

 

I dont believe this is true TWA, could just be you dont need two lead plaintiffs, and we already have Steinberg w/ Nantahala.  Do you have info to back up that Broadbill sold?

 

No.  How many shares did Broadbill own?  Would their position have been difficult to liquidate if it were very large?

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  • 3 months later...

I agree and one note, the adversary trial for DIMEQ started today.  If you want to listen to the trial click the following link.

 

http://www.justin.tv/astockinvestor#/w/1756140656

 

The LTW Holders case looks good, but it will be interesting to see what The Debtors' expert witness(es) have to say.  Will they be able to testify under oath with a straight face that what looks like a duck, waddles like a duck and quacks like a duck really isn't a duck?  If so, the case won't be a slam dunk because the judge may base her ruling on whom she chooses to believe.

 

There was a very important action taken by the judge last week: class action status and representation by excellent counsel was granted to the LTW Holders.  This means that recent purchasers of DIMEQ will not be left out by failure to file proofs of claim by the bar date.  :)

 

If there should be a miscarriage of justice, and there is an adverse ruling by the BK judge that is upheld on appeal, all is not necessarily lost.  It might still be possible to get a judgement against the warrant agent and others involved in this fiasco for not properly disclosing the risk of bankruptcy to the LTW Holders or for not perfecting their claim. There might be other credible claims against the Settlement Noteholders and JP Morgan for conspiring against the LTW Holders.  However, in that event, full recovery seems problematical .

 

Therefore, many things would have to go against the LTW Holders for their investment to be a zero.  :)

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  • 3 months later...

DIME marches on!

 

Since the last posting, developments have been favorable for DIMEQ holders.  A trial was held by the judge on the issue of whether DIMEQ holders have a credit claim, worth about $2.95/DIME or an equity claim, worth perhaps about half the current trading price of DIME under the recent POR7, or  possibly zero.  The judge recently announced that she will have her ruling not today, but no later than next Tuesday.

 

The trial a few weeks ago went favorably for LTW holders(DIME holders).  The evidence as presented appears to favor the DIME holders, but this is no guarantee the judge will rule in their favor.  She could rule instead that DIME is equity, drastically reducing any recovery.  The judge seems to have favored classes that potentially are out of the money in this bankruptcy against being taken advantage of by the in the money classes, but this merely means that DIME holders have a fighting chance for  an objective ruling by a fair judge based on the merits of the case.

 

The most interesting aspect of the case is the asymmetric risk/reward : 4 times upside compared to perhaps some significant recovery on the downside. 

 

As a DIMEQ holder I must say this is not investment advice.  Do your own due diligence.  There is a significant possibility of  a large loss in this speculation.

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I take it they were deemed to be equity??

 

Yup.  I had no position in this stock but I thought it was a good thesis.  I read all the filings.  I think the ruling is a joke.  In bankruptcy cases, sometimes good litigation is "body bagged" for the sake of expediency.  That's basically what happened here.  The judge was forced to do some pretty funny acrobatics to ensure that JPM was able to get the litigation payout free-and-clear.

 

So, in the end, the warrant was deemed to be generic equity but somehow lost the rights that equity holders had during the merger (cash & stock consideration) and WMI giving JPM the future proceeds of the litigation for consideration was not deemed a transfer or sale.  Okie dokie.  Whatever you say.

 

I wonder why most companies don't start spinning-out their litigation claims.  SpinCo has claim to litigation and sells warrants to investors.  Have SpinCo take out debt to HoldCo. Pay HoldCo huge consulting fees until cash runs out. Put SpinCo into bankruptcy before litigation has ended but after payout is deemed a near certainty.  Transfer litigation claim back to HoldCo in bankruptcy.  HoldCo gets sale proceeds + the litigation back free and clear.

 

Basically what happened here except HoldCo became HoldCo1, HoldCo2, etc. down the line until it was JPM.

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Today's decision reminds me of the inimitable George Carlin: "It's a big club, and you ain't in it."

 

 

Although I suppose that to think about today's ruling in conspiratorial terms is probably trying to take the easy way out.  I've held these for a while now, and placed the odds of today's outcome at a very low level (<5%).  I'll have to go back and re-evaluate what/if I did anything wrong here.

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Guest Hester

Today's decision reminds me of the inimitable George Carlin: "It's a big club, and you ain't in it."

 

 

Although I suppose that to think about today's ruling in conspiratorial terms is probably trying to take the easy way out.  I've held these for a while now, and placed the odds of today's outcome at a very low level (<5%).  I'll have to go back and re-evaluate what/if I did anything wrong here.

 

That pretty much sums up why I just avoid these types of investments.

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I think these types of investments are really hard for an ordinary investor to do because you are likely too inexperienced to actually gauge the probabilities properly to enable a robust expected value analysis.

 

Professionals on the other hand can tap the expertise of good bankruptcy/restructuring law firms that are going to have attorneys with the expertise and experience necessary to help you better make a decision.

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