Empresas y finanzas

WaMu scraps rights offering in modified plan

By Tom Hals

WILMINGTON, Delaware (Reuters) - Washington Mutual Inc scrapped a rights offering after hedge funds pulled out of a settlement at the heart of the company's latest plan to exit bankruptcy, according to court documents.

The changes are part of Washington Mutual's amended reorganization plan unveiled on Tuesday. The company is trying to resolve the criticisms of a Delaware bankruptcy court judge, who rejected the previous plan last month.

Washington Mutual needs approval so it can begin distributing more than $7 billion to its creditors, which range from hedge funds holding bonds to suppliers such as software suppliers.

Other changes included rolling back parts of the plan that protected parties from being sued. The company said in court documents that no party that voted to approve the previous plan is adversely affected in the amended version.

Washington Mutual filed for bankruptcy in September 2008 after regulators seized its savings and loan, which was the biggest bank failure in U.S. history.

It spent its first 18 months in bankruptcy fighting with the Federal Deposit Insurance Corp, which sold the seized bank, and JPMorgan Chase & Co , which bought it for $1.88 billion, over ownership of assets and blame for the bank failure.

The company reached a settlement last year that divided $10 billion of assets and ended the legal disputes. It said in court documents filed on Tuesday that one group that was party to the settlement, hedge funds known as the settlement noteholders, were no longer part of the agreement.

Washington Mutual scrapped a plan for a rights offering that would essentially have put the settlement noteholders in control of the reorganized company, which would emerge from bankruptcy with valuable tax credits.

The settlement noteholders include Owl Creek Asset Management LP, Appaloosa Management LP, Centerbridge Partners LP and Aurelius Capital Management LP. Shareholders were going to Delaware's bankruptcy court on Tuesday to ask for permission to investigate the funds over accusations of insider trading.

Rather than a rights offering, the company plans to distribute stock in the reorganized company to creditors. The company said it could still decide to liquidate or sell its remaining business, which centers around a mortgage reinsurer.

Washington Mutual said it would put the amended plan to a vote, partly to give creditors a say in whether they want to grant the releases that will shield parties from being sued. Those releases were among Delaware Judge Mary Walrath's chief criticisms of the previous plan.

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

(Reporting by Tom Hals, editing by Dave Zimmerman)

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