ResCap Approved to Liquidate, End Bankruptcy, Lawyer Says

Residential Capital LLC, the defunct mortgage company, will end its bankruptcy within the next two weeks after winning court approval of a liquidation plan that resolves more than $100 billion in potential lawsuits, a company attorney said.

“This was probably the most overwhelming, most difficult bankruptcy of all time,” the company’s lead bankruptcy attorney, Gary S. Lee, with Morrison & Foerster LLP, said in a phone interview today.

U.S. Bankruptcy Judge Martin Glenn in Manhattan approved the plan at a hearing today and filed a signed decision, saying the plan is confirmable under U.S. bankruptcy law.

Under the plan, ResCap will distribute billions of dollars to creditors raised by liquidating assets, including a mortgage platform bought by Ocwen Loan Servicing LLC and Green Tree Servicing LLC for $3 billion. The company also sold a portfolio of loans for $1.5 billion.

Ending ResCap’s bankruptcy allows its owner, Detroit-based Ally Financial Inc. (ALLY), to end “substantially all past, present and future mortgage-related claims,” Ally said in a statement today.

ResCap filed for bankruptcy in May 2012 with plans to end potential lawsuits by settling with investors who bought mortgage-backed bonds. Investors had claimed the bonds were loaded with faulty mortgage loans and wanted ResCap and its parent to cover losses.

Ally was bailed out by the U.S. government, which became the majority owner of the auto-loan company.

ResCap settled with creditors who had wanted to sue Ally to force the company to contribute more to ResCap’s bankruptcy.

Once the order is signed, the company’s remaining employees will be transferred to a liquidating trust that will sell ResCap’s remaining portfolio of mortgages, Lee said.

The case is In re Residential Capital LLC, 12-bk-12020, U.S. Bankruptcy Court, Southern District of New York (Manhattan).

To contact the reporter on this story: Steven Church in Wilmington, Delaware at schurch3@bloomberg.net

To contact the editor responsible for this story: Andrew Dunn at adunn8@bloomberg.net

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