mm07-3010_8k.htm
UNITED
STATES
SECURITIES
AND EXCHANGE COMMISSION
Washington,
D.C. 20549
Form
8-K
Current
Report
Pursuant
to Section 13 or 15(d) of the Securities Exchange Act of 1934
Date
of Report (Date of earliest event reported): July 28,
2010
WASHINGTON
MUTUAL, INC.
(Exact
name of registrant as specified in its charter)
Commission
File Number: 1-14667
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WASHINGTON
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91-1653725
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(State
or other jurisdiction of
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(IRS
Employer
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incorporation)
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Identification
No.)
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925
FOURTH AVENUE, SUITE 2500
SEATTLE,
WASHINGTON 98104
(Address of
principal executive offices, including zip code)
(206)
432-8887
(Registrant’s
telephone number, including area code)
(Former
name or former address, if changed since last report)
Check
the appropriate box below if the Form 8-K filing is intended to simultaneously
satisfy the filing obligation of the registrant under any of the following
provisions:
[ ]
Written communications pursuant to Rule 425 under the Securities Act (17 CFR
230.425)
[ ]
Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR
240.14a-12)
[ ]
Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act
(17 CFR 240.14d-2(b))
[ ]
Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act
(17 CFR 240.13e-4(c))
Item
8.01 Other Events.
On July 28, 2010, the United States
Bankruptcy Court for the District of Delaware (the “Bankruptcy Court”)
approved the appointment of Joshua R. Hochberg, Esq. as examiner (the “Examiner”) in the
chapter 11 cases of Washington Mutual, Inc. (the “Company”) and WMI
Investment Corp. (together with the Company, the “Debtors”) (Case
Number 08-12229 (MFW)).
By separate order, dated July 22,
2010, the Bankruptcy Court directed the Examiner to investigate (a) the claims
and assets that may be property of the Debtors’ estates that are proposed to be
conveyed, released or otherwise compromised and settled under the Debtors’
proposed Plan of Reorganization (the “Plan”) and that
certain Global Settlement Agreement that resolves certain disputes among the
Debtors, JPMorgan Chase Bank, National Association, the Federal Deposit
Insurance Corporation, as receiver for Washington Mutual Bank and in its
corporate capacity, and certain other parties in interest, including all
Released Claims (as defined in the Global Settlement Agreement) and the claims
and defenses of third parties thereto (the “Settlement
Component”) and (b) such other claims, assets and causes of action which
will be retained by the Debtors and/or the proceeds thereof, if any, distributed
to creditors and/or equity interest holders pursuant to the Plan, and the claims
and defenses of third parties thereto (the “Retained Asset
Component”). A preliminary report with respect to the
Settlement Component and the Retained Asset Component is due on or before
September 7, 2010 and, unless the Bankruptcy Court finds that additional time
for discovery is required, a final report is due on or before October 8,
2010. Such time may be extended by order of the Bankruptcy Court,
issued sua sponte or
upon application by the Examiner on notice to all parties entitled to the same
under Federal Rule of Bankruptcy Procedure 2002, for cause shown.
Cautionary
Statement Regarding Forward-Looking Statements
The
Current Report on Form 8-K and the exhibit hereto contain certain statements
that may be deemed to be forward-looking statements within the meaning of the
Private Securities Litigation Reform Act of 1995. Such
forward-looking statements are based on the Company’s current plans,
expectations, estimates and management’s beliefs about the Company’s future
performance. Words such as “anticipates,” “expects,” “intends,”
“plans,” “believes,” “seeks,” “estimates” or variations of such words and
similar expressions are intended to identify such forward-looking
statements. These statements are not guarantees of future performance
and are subject to risks and uncertainties that are difficult to predict and
which may cause the Company’s actual results and performance to differ
materially from those expressed or forecasted in any such forward-looking
statements. Some of these risks and uncertainties are discussed in
the Company’s Annual Report on Form 10-K/A for the fiscal year ended December
31, 2007 under “Factors that May Affect Future Results.” These risks
include, among other factors, changes in business, economic and market
conditions, changes in government regulation, and changes in the competitive
environment in which the Company operates. Other risks that the
Company faces include, but are not limited to, the following: (i) the Company’s
ability to obtain Bankruptcy Court approval with respect to motions in the
Debtors’ chapter 11 proceedings prosecuted by the Debtors from time to time;
(ii) risks associated with third parties seeking and obtaining Bankruptcy Court
approval to convert the Debtors’ chapter 11 cases to cases under chapter 7 of
the bankruptcy code; and (iii) the potential adverse impact of the Debtors’
chapter 11 cases on the Debtors’ liquidity or results of
operations. Unless required by law, the Company undertakes no
obligation to update publicly any forward-looking
statements. However, readers should carefully review the statements
set forth in the reports, which the Company files from time to time with the
Securities and Exchange Commission, particularly its Current Reports on Form
8-K.
Signature(s)
Pursuant
to the requirements of the Securities Exchange Act of 1934, the registrant has
duly caused this report to be signed on its behalf by the undersigned hereunto
duly authorized.
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WASHINGTON
MUTUAL, INC. |
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Date:
August 3, 2010
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By:
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/s/ Chad
Smith |
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Chad
Smith |
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Executive
Vice President |
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