Exhibit 1IN THE UNITED STATES BANKRUPTCY COURT
FOR THE DISTRICT OF DELAWARE
In re: Chapter 11
WASHINGTON MUTUAL, INC., et al., Case No. 08-12229 (MEW)
Debtors. Jointly Administered
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OPINION"
Before the Court is the Debtors’ Motion for an Order
Pursuant to Bankruptcy Rule 2004 and Local Bankruptcy Rule 2004.1
Directing the Examination of JPMorgan Chase Bank, National
Association (“JP
"). For the reasons set forth below, the Court
will grant the Debtors’ Motion.
I. FACTUAL BACKGROUND
Prior to the filing of a chapter 11 petition, Washington
Mutual, Inc. (“WMI”) was a savings and loan holding company,”
which owned Washington Mutual Bank (“WMB”). WMB owned the
subsidiary bank Washington Mutual Bank fsb (“WMBfsb”). Before
failing, WMB was the nation’s largest savings and loan
association, with over 2,200 branches and $188.3 billion in
deposits.
' This Opinion constitutes the findings of fact and
conclusions of law of the Court pursuant to Rule 7052 of the
Federal Rules of Bankruptcy Procedure, which is made applicable
to contested matters by Rule 9014 of the Federal Rules of
Bankruptcy Procedure.
?See 12 U.S.C. § 1467a.Beginning in mid-2007, the slowdown in the nation’s economy
and, in particular, the deterioration in the residential housing
market resulted in decreased revenue and earnings at WMI and
trouble in the asset portfolio of WMB. By September 2008, in the
midst of a global credit crisis of unprecedented proportions
(which included the bankruptcy of Lehman Brothers Holdings
Inc.*), WMI and WMB faced a wave of ratings downgrades by the
major credit rating agencies. Deteriorating confidence in WMB
fueled a bank run beginning September 15, with $16.7 billion in
deposits withdrawn over a ten-day period.
On September 25, 2008, WMB’s primary regulator,‘ the Office
of Thrift Supervision (the “OTS"), closed WMB and appointed the
Federal Deposit Insurance Corporation (the “FDIC") as receiver.
WMB’s takeover by the FDIC was the largest bank failure in the
nation’s history. Immediately after its appointment as receiver,
the FDIC sold substantially all the assets of WMB to JPM. On
September 26, the Debtors filed chapter 11 petitions.
On December 30, 2008, the Debtors asserted various claims
against the WMB receivership by filing proofs of claim with the
FDIC in its capacity as receiver of WMB. Specifically, the
see In re Lehman Brothers Holdings Inc., No. 08-13555
(Bankr. S.D.N.Y. filed Sept. 15, 2008).
‘MB was also subject to regulatory oversight by the Office
of the Comptroller of the Currency ("OCC"), the Board of
Governors of the Federal Reserve System (the “Fed”), and the
FDIC.