Thank you
@jalamicr, that's extremely useful - you are a star.
Thanks also to Crooked Qenta (& "Bent de Junk" - hereafter, shortened to Crooked & de Junk) for this remarkable piece of comedy.
So, having read through, Crooked & de Junk's filing to lift the TRO is based on two big claims:
1)The TRO is
bad for customers︀, because it stops Crooked & de Junk from
acting in our interests
2) Peter︁ has no authority to act on behalf of the bank.
Expanding on the first point,︂ the filing claims:
- That the TRO is “preventing Respondents from taking actions that are in︃ the interest of third parties” (meaning customers). Come on guys, REALLY? 😉 There is one clear︄ pathway here which is in the interest of customers, and it steers well away from︅ de Junkyard & Co proposing to help themselves to half the current value of my︆ assets.
- That the TRO stops Crooked & de Junk from “working with the Trustee and︇ the ‘opt in’ customers to resolve their claims.” But by Crooked & de Junk's ***︈own admission*** in their July 11th termination letter to the Receiver, their process of "working︉ together" had reached a "deadlock", where “…performance has become legally impossible… the original intent… irreparably︊ frustrated”, with "impossibility, and an "indefinite impasse". Sorry Crooked & de Junk, I appreciate you've︋ been feeling very "frustrated" but you can't have it both ways, you silly boys -︌ you can't portray yourselves as still executing a deal with the Receiver, when you've already︍ admitted that your romance together has reached a flaccid dead end.
- That Crooked & de︎ Junk are “trying to marshal assets for the benefit of customers”, while painting Peter’s TRO️ as an obstacle. Well, you're certainly not marshalling anything for my benefit, Mr de Junkyard. What benefits me, Mr de Junkyard, is the return of my assets in kind, as they were originally received.
To describe Qenta as marshals of EPB customers assets is an insult to the very idea of marshalling, which is to safeguard an owner's property, not tear it shreds and deceptively help yourself to it as you please.
Come on de Junk, you're going to have to do better than this.