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    Lehman Bankruptcy Court issues safe harbor decision
    2014-01-06

     

    Filed under:
    USA, Derivatives, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Amicus curiae, Liquidation, Bankruptcy of Lehman Brothers, Title 11 of the US Code, International Swaps and Derivatives Association, Lehman Brothers, United States bankruptcy court
    Authors:
    Kathryn M. Borgeson , Mark C. Ellenberg , Lary Stromfeld
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    SDNY Bankruptcy Court interprets section 546(e)’s safe harbors in Lehman-JPMorgan dispute
    2012-05-03

    On April 19, 2012, the U.S. Bankruptcy Court for the Southern District of New York granted in part and denied in part JPMorgan Chase, N.A.’s motion to dismiss an adversary complaint filed by Lehman Brothers Holdings Inc. (“LBHI”) and its Official Committee of Unsecured Creditors. The Complaint seeks to recover approximately $8.6 billion in prepetition transfers made by LBHI to JPMorgan in the days leading up to LBHI’s bankruptcy.

    Filed under:
    USA, New York, Insolvency & Restructuring, Litigation, Cadwalader Wickersham & Taft LLP, Collateral (finance), Fraud, JPMorgan Chase, Lehman Brothers, United States bankruptcy court, US District Court for SDNY
    Authors:
    Mark C. Ellenberg , Kathryn M. Borgeson
    Location:
    USA
    Firm:
    Cadwalader Wickersham & Taft LLP
    Bankruptcy court validates sale process in Lehman’s multi-billion-dollar ‘windfall’ suit against Barclays Capital - decision highlights extraordinary burden required to overturn a section 363 bankruptcy sale
    2011-03-07

    In a long-awaited decision released on February 22, 2011, Judge James M. Peck of the United States Bankruptcy Court for the Southern District of New York ruled in favor of Barclays Capital in Lehman Brothers Holding Inc.’s multi-billion-dollar lawsuit arising out of the sale of Lehman’s investment banking and brokerage assets, which occurred in September of 2008.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Troutman Pepper, Bankruptcy, Security (finance), Board of directors, Investment banking, Systemic risk, Brokerage firm, Title 11 of the US Code, Barclays, Lehman Brothers, United States bankruptcy court
    Authors:
    Leon R. Barson , John Henry Schanne, II
    Location:
    USA
    Firm:
    Troutman Pepper
    U.K. Appeals Court expands scope of client money pool and universe of clients eligible for client money pool distributions
    2010-08-10

    The U.K. Court of Appeal (the “Court of Appeal”) on Aug. 2, 2010, handed down a long-awaited decision regarding an appeal related to the scope of, and eligibility to receive distributions from, the Lehman Brothers Europe (International) (“LBIE”) pool of client money. Lehman Bros. Int. (Europe) (In Administration) v CRC Credit Fund Ltd. & Ors, [2010] EWCA Civ 917 (appeal taken from the Chancery Division) (U.K.).

    Filed under:
    United Kingdom, Banking, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Debtor, Dividends, Investment company, Pro rata, Lehman Brothers, FSA, Court of Appeal of England & Wales, High Court of Justice
    Authors:
    Lawrence V. Gelber , Ron Feldman
    Location:
    United Kingdom
    Firm:
    Schulte Roth & Zabel LLP
    Lehman Brothers seeks approval of claims resolution procedures
    2010-03-17

    On March 15, 2010 Lehman Brothers Holdings, Inc. and its affiliated debtors (the “Debtors”) filed a motion (the “Motion”) with the Bankruptcy Court overseeing the Debtors’ Chapter 11 cases (the “Court”) seeking authorization to establish certain claims and alternative dispute resolution procedures designed to expedite the process of reconciling claims filed against the Debtors’ estates.

    The procedures, set forth in detail in an exhibit to the proposed order filed with the Motion, are summarized as follows:

    Filed under:
    USA, Insolvency & Restructuring, Schulte Roth & Zabel LLP, Bankruptcy, Injunction, Mediation, Liquidation, Lehman Brothers, United States bankruptcy court
    Authors:
    Michael L. Cook , Lawrence V. Gelber , Adam C. Harris , David M. Hillman
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Lehman Brothers bankruptcy court strikes waterfall subordination provisions conditioned on bankruptcy
    2010-01-28

    On Jan. 25, 2010, the U.S. Bankruptcy Court for the Southern District of New York (the “Bankruptcy Court”) held that a trust deed provision reversing a priority of payment waterfall upon the bankruptcy of a credit support provider under a swap agreement is unenforceable under the U.S. Bankruptcy Code (the “Bankruptcy Code”).

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Securitization & Structured Finance, Schulte Roth & Zabel LLP, Bankruptcy, Collateral (finance), Interest, Swap (finance), Public limited company, Default (finance), Collateralized debt obligation, Deed of trust (real estate), Bankruptcy of Lehman Brothers, Title 11 of the US Code, Lehman Brothers, United States bankruptcy court
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP
    Notice of intended dividend; bar date of December 31, 2010, established for preferential and unsecured claims against LBIE
    2010-01-06

    The Joint Administrators (the “Administrators”) of Lehman Brothers International (Europe) (“LBIE”) have issued a notice, dated December 4, 2009 (the “Notice”), pursuant to Rule 2.95(1) of the U.K. Insolvency Rules 1986, announcing their intent to make a distribution (by payment of an interim dividend) to preferential creditors (if any) and unsecured, non-preferential creditors of LBIE. The Notice was authorized on December 2, 2009, by an order of the High Court of Justice (Companies Court) in London (the “U.K. Court Order”).

    Filed under:
    United Kingdom, Insolvency & Restructuring, Schulte Roth & Zabel LLP, Unsecured debt, Dividends, Debt, Lehman Brothers, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Schulte Roth & Zabel LLP
    Claim resolution agreement, segregated assets, U.K. high court rulings
    2009-12-17

    As previously described in our Alert of Oct.

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Share (finance), Conflict of laws, Unsecured debt, Debt, Liquidation, Election, Pro rata, Lehman Brothers, High Court of Justice
    Authors:
    Lawrence V. Gelber , Craig Stein , Ron Feldman
    Location:
    United Kingdom
    Firm:
    Schulte Roth & Zabel LLP
    LBIE Administrators announce contractual alternative to proposed Scheme of Arrangement
    2009-10-06

    The Joint Administrators (the “Administrators”) of Lehman Brothers International (Europe) (“LBIE”) announced on Oct. 5, 2009, that they are developing a contractual (i.e., non-judicial) alternative to their proposed Scheme of Arrangement, which is the subject of an appeal following a decision by the High Court in London that it lacks jurisdiction to implement the scheme.

    The Prior Proposed Scheme of Arrangement

    Filed under:
    United Kingdom, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Contractual term, Lehman Brothers, High Court of Justice
    Location:
    United Kingdom
    Firm:
    Schulte Roth & Zabel LLP
    Bankruptcy court orders swap counterparty to pay Lehman Brothers despite event of default
    2009-09-25

    The United States Bankruptcy Court for the Southern District of New York entered an order on Sept. 17, 2009, granting a motion filed by Lehman Brothers Special Financing Inc. (“LBSF”) to compel Metavante Corporation (“Metavante”) to continue to make payments to LBSF under an ISDA Master Agreement.

    Filed under:
    USA, New York, Derivatives, Insolvency & Restructuring, Litigation, Schulte Roth & Zabel LLP, Bankruptcy, Condition precedent, Debtor, Safe harbor (law), Interest, Swap (finance), Motion to compel, Liquidation, Default (finance), Title 11 of the US Code, US Congress, Lehman Brothers, United States bankruptcy court
    Authors:
    Lawrence V. Gelber , Craig Stein , Kristin Boggiano
    Location:
    USA
    Firm:
    Schulte Roth & Zabel LLP

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