LEHMAN BROTHERS QUARTO ATTO

Bankruptcy Court's Block Of $1B Lehman Clawback Upheld

March 14, 2018

A New York federal judge on Wednesday affirmed a bankruptcy court’s dismissal of a Lehman Brothers unit's bid to claw back $1 billion in swaps transactions, saying it correctly determined the safe harbor provision for swap agreements protects the distributions of the collateral.

U.S. District Judge Lorna G. Schofield rejected Lehman Brothers Special Financing's argument — that the word “liquidation” as it’s used in a section of the bankruptcy code was misapplied by the bankruptcy court and therefore those protections should be revoked.

Bankruptcy Court's Block Of $1B Lehman Clawback Upheld - Law360
credo non sia una buona notizia questa!
 
UNITED STATES DISTRICT

COURT SOUTHERN DISTRICT OF NEW YORK


LORNA G. SCHOFIELD, District Judge:


Appellant Lehman Brothers Special Financing Inc. (“LBSF”) appeals the Bankruptcy
Court’s Memorandum Decision (“Opinion”), In re Lehman Bros. Holdings Inc., 553 B.R. 476
(Bankr S.D.N.Y. 2016), granting Noteholder Defendants-Appellees’ omnibus motion to dismiss
Counts I through XIX of the Fourth Amended Complaint (the “Complaint”) in this adversary
proceeding. The Bankruptcy Court’s decision is affirmed.


Ihttp://document.epiq11.com/document/getdocumentbycode/?docId=3390750&projectCode=LBH&source=DM

CONCLUSION


The judgment of the Bankruptcy Court is AFFIRMED. The Clerk of Court is directed to
close the case.

Dated: March 14, 2018 New York, New York
 
Docket # 57792

Filed Mar 16 2018

Notice of Withdrawal of the objection of The Bank of New York Mellon, The Bank of New York Mellon Trust Company, N.A., and BNY Mellon Corporate Trustee Services Limited to assumption of Derivative contracts pursuant to the Third Amended Joint Chapter 11 Plan of Lehman Brothers Inc. and its affiliated debtors (related document(s)[22010], [22766], [22970]) filed by Michael J. Venditto on behalf of The Bank of New York Mellon, The Bank of New York Mellon Trust Company, N.A., and BNY Mellon Corporate Trustee Services Limited, in their representative capacities. (Venditto, Michael) Less
Debtor: 08-13555 Lehman Brothers Holdings Inc.
 
Il Docket 57792 potrebbe essere importante per i possessori di obbligazioni con cod. isin IT......

Ed infatti Bank of New York Mellon, Bank of New York Mellon Trust Company N.A. e Bank New York Mellon Corporate Trustee Services Limited, ciascuno come trustee, trustee indenture, agente, o in ogni altra capacità rappresentativa (collettivamente, il "Trustee") per i titolari di alcune note, certificati, obbligazioni, o altri interessi emessi in virtù di titoli strutturati creati dai Debitori o dalle loro società affiliate, che hanno stipulato contratti derivati con uno o più debitori, con la presente ritira, con pregiudizio, l'Obiezione di The Bank of New York Mellon, The Bank of New York Mellon Trust Company, N.A. e BNY Mellon Corporate Trustee Services Limited.

Dated: March 16, 2018 New York, New York Respectfully Submitted,
REED SMITH LLP By: __Michael J. Venditto Eric A. Schaffer (ES-6415) Michael J. Venditto (MV-6715) 599 Lexington Avenue New York, NY 10022 Tel: (212) 521-5400 Fax: (212) 521-5450


Counsel to The Bank of New York Mellon, The Bank of New York Mellon Trust Company, N.A. and BNY Mellon Corporate Trustee Services Limited, in their representative capacities


file:///C:/Users/Pc/Downloads/NEF%20scc%20Ch11%20Notice%20of%20Withdrawal%20Re%20Lehman%20Brothers%20Hol(1).pdf


Pare di capire, ma è tutto da verificare, che l'annosa questione stia per giungere a soluzione.

Mai come in questo, tutto rigorosamente IMHO
 
Lehman Residential Mortgage-Backed Securities Settlement Likely to Spur Additional Claims

Monday, March 19, 2018


On March 8, the Bankruptcy Court for the Southern District of New York concluded a lengthy “claims estimation” trial to determine the appropriate final settlement price for a resolution of lawsuits filed on behalf of investors in residential mortgage-backed securities (RMBS) created by Lehman Brothers Holdings prior to its bankruptcy in September 2008. The judge determined that the final settlement value of this particular set of claims was $2.38 billion – down from the $37 billion initially demanded, and the $11.4 billion sought by the plaintiffs in this claims estimation trial. A separate group of plaintiffs that had previously settled with Lehman Brothers Holdings had resolved their claims for approximately $2.4 billion.

The resolution of the claims estimation trial is significant for businesses that sold residential mortgage loans to Lehman, for at least two reasons. First, lawsuits that Lehman filed against more than 100 loan originators and sellers in this same bankruptcy court had essentially been on hold for the last several months while the estimation trial was proceeding. We can reasonably expect that those existing cases, which relate to Lehman’s 2014 settlements of claims against it by Fannie Mae and Freddie Mac, will become more active once again with that trial now completed.

Second, the RMBS settlements will almost certainly soon trigger new alleged “indemnification” claims by Lehman against loan originators/sellers. We believe there are strong legal and factual defenses to such claims, and originators/sellers need to be aware of the range of defenses that may be available to them. With new claims on the horizon, it is clear that Lehman’s 2008 bankruptcy continues to generate litigation over what are now very old loan sale transactions.

Lehman Residential Mortgage-Backed Securities Settlement Likely to Spur Additional Claims
 
"The judge determined that the final settlement value of this particular set of claims was $2.38 billion – down from the $37 billion initially demanded, and the $11.4 billion sought by the plaintiffs in this claims estimation trial."


Notizia importante perchè per la prima volta viene menzionato che la richiasta iniziale ( cioè il totale dei claims iscritti ) era stato di ben 37 miliardi di dollari, scesi in seguito a 11,4 miliardi di dollari, e determinati in sede di decisione in soli 2,38 miliardi.
 

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