LEHMAN BROTHERS QUARTO ATTO

Docket # 60707
Filed Jul 03 2020

Affidavit Communication to LBIE and High Court Re Distribution, filed by Rex Wu. (Lopez, Mary)


Debtor: 08-13555 Lehman Brothers Holdings Inc.
 
Judgment handed down in latest Lehman directions application

July 7 2020



The judgment concerned:


  • an application for directions made by the Joint Administrators of LB Holdings Intermediate 2 Limited (LBHI2), concerning the relative priority of its subordinated creditors; and
  • an application for directions made by the Joint Administrators of Lehman Brothers Holdings PLC (PLC), concerning the relative priority of its subordinated creditors.
The judge analysed the three possible types of subordination (legal, structural and consensual) and, in particular, the three ways of consensually subordinating a debt (trust subordination, contingent debt subordination and simple contractual subordination). The judge found that more than one of these ways of subordination could be used in the same debt instrument.



LBHI2's subordinated debt consists of:


  • three subordinated loans, based on the then standard FSA forms (Claims A1, A2 and A3); and
  • subordinated notes (Claim B).

Based on the wording of the subordination clauses, the judge found that Claims A1, A2 and A3 ranked ahead of Claim B.


Claims A1, A2 and A3 contained both simple contractual subordination and contingent debt subordination (in the form of a solvency condition). As between Claims A1, A2 and A3 there was circularity as, on the terms of their simple contractual subordination clause, each regarded the other as senior liabilities. The judge found that, where different subordination provisions resulted in circularity, then, as between those instruments as a matter of law, they ranked pari passu (i.e. rateably).


The judge also found that:



  • Claim B could not be rectified on the grounds of mistake;
  • PLC's subordinated debt and subordinated notes ranked pari passu;
  • PLC's subordinated notes were a provable future debt and should be discounted; and
  • a settlement agreement entered into by PLC and one of its subordinated creditors had not released a subordinated claim acquired by the subordinated creditor after the settlement had been entered into.


Interesserà moltissimo qualche subordinato
 
Docket # 60724
Filed Jul 07 2020

Declaration filed by James William Brody I on behalf of Perl Mortgage, Inc.. (Brody, James)

Debtor: 08-13555 Lehman Brothers Holdings Inc.





Docket # 60723
Filed Jul 07 2020

Opposition (related document(s)[60632]) filed by James William Brody I on behalf of Perl Mortgage, Inc.. (Brody, James)

Debtor: 08-13555 Lehman Brothers Holdings Inc.
Related Dockets




Docket # 60722
Filed Jul 07 2020

Certificate of Service (related document(s)[60718], [60720], [60719]) Filed by Jennifer Marie Rosa on behalf of CALIBER HOME LOANS, INC.. (Rosa, Jennifer)

Debtor: 08-13555 Lehman Brothers Holdings Inc.
Related Dockets




Docket # 60721
Filed Jul 07 2020

Opposition to LBHIs Motion in aid of alternative dispute reslolution procedures order for indemnificatino claims of the debtors against mortgage loan sellers filed by Amjad M. Khan on behalf of PMC Bancorp, PMAC Lending Services, Inc.. (Attachments: # (1) Pleading Declaration of Amjad M. Khan # (2) Exhibit Exhibit A # (3) Exhibit Exhibit B # (4) Exhibit Ex. C) (Khan, Amjad)

Debtor: 08-13555 Lehman Brothers Holdings Inc.




Docket # 60720
Filed Jul 07 2020

Declaration Of Christopher Bass In Support Of Caliber Home Loans, Inc.s Objection To Motion In Aid Of Alternative Dispute Resolution Procedures Order For Indemnification Claims Of The Debtors Against Mortgage Loan Sellers (related document(s)[60718], [60719]) filed by Jennifer Marie Rosa on behalf of CALIBER HOME LOANS, INC.. (Rosa, Jennifer)

Debtor: 08-13555 Lehman Brothers Holdings Inc.
Related Dockets




Docket # 60719
Filed Jul 07 2020

Declaration Of Jennifer M. Rosa (related document(s)[60718]) filed by Jennifer Marie Rosa on behalf of CALIBER HOME LOANS, INC.. (Attachments: # (1) Exhibit A: January 25, 2019 Letter # (2) Exhibit B: February 22, 2019 Letter # (3) Exhibit C: March 6, 2019 Letter) (Rosa, Jennifer)

Debtor: 08-13555 Lehman Brothers Holdings Inc.
Related Dockets

All Docs


Docket # 60718
Filed Jul 07 2020

Objection Of Caliber Home Loans, Inc. To Motion In Aid Of Alternative Dispute Resolution Procedures Order For Indemnification Claims Of The Debtors Against Mortgage Loan Sellers (related document(s)[60632]) filed by Jennifer Marie Rosa on behalf of CALIBER HOME LOANS, INC.. (Rosa, Jennifer)

Debtor: 08-13555 Lehman Brothers Holdings Inc.
Related Dockets




Docket # 60717
Filed Jul 07 2020

Objection to Motion (Limited Objection and Reservation of Rights) (related document(s)[60632]) filed by Albena Petrakov on behalf of Goldwater Bank, N.A. as successor to Community Banks of Colorado. with hearing to be held on 7/14/2020 at 10:00 AM at Courtroom 623 (SCC) (Petrakov, Albena)

Debtor: 08-13555 Lehman Brothers Holdings Inc.
Related Dockets




Docket # 60716
Filed Jul 07 2020

Declaration filed by Joshua A Rosenthal on behalf of American Pacific Mortgage, Inc.. (Attachments: # (1) Exhibit A) (Rosenthal, Joshua)

Debtor: 08-13555 Lehman Brothers Holdings Inc.


All Docs


Docket # 60715
Filed Jul 07 2020

Opposition (related document(s)[60632]) filed by Joshua A Rosenthal on behalf of American Pacific Mortgage, Inc.. (Rosenthal, Joshua)

Debtor: 08-13555 Lehman Brothers Holdings Inc.
Related Dockets




Docket # 60714
Filed Jul 07 2020

Declaration filed by Joshua A Rosenthal on behalf of Bay Equity, LLC. (Attachments: # (1) Exhibit A # (2) Exhibit B) (Rosenthal, Joshua)

Debtor: 08-13555 Lehman Brothers Holdings Inc.


All Docs


Docket # 60713
Filed Jul 07 2020

Notice of Appearance filed by Robert William Hamburg on behalf of CALIBER HOME LOANS, INC.. (Hamburg, Robert)

Debtor: 08-13555 Lehman Brothers Holdings Inc.




Docket # 60712
Filed Jul 07 2020

Opposition (related document(s)[60632]) filed by Joshua A Rosenthal on behalf of Bay Equity, LLC. (Rosenthal, Joshua)

Debtor: 08-13555 Lehman Brothers Holdings Inc.
Related Dockets




Docket # 60711
Filed Jul 07 2020

Notice of Appearance filed by Jennifer Marie Rosa on behalf of CALIBER HOME LOANS, INC.. (Rosa, Jennifer)

Debtor: 08-13555 Lehman Brothers Holdings Inc.





Docket # 60709
Filed Jul 07 2020

Transfer Agreement FRBP. Transfer Agreement 3001 (e) 2 Transferors: Credit Suisse (Schweiz) AG (Claim No. 55829) To Basellandschaftliche Kantonalbank, Liestal filed by Stephanie R. Sweeney on behalf of Basellandschaftliche Kantonalbank, Liestal. (Sweeney, Stephanie)

Debtor: 08-13555 Lehman Brothers Holdings Inc.
 
Prossime udienze presso la Corte Fallimentare di New York - giudice Chapman - calendarizzate il 14 ed il 16 Luglio 2020.
 
Questa settimana toccheremo l'invidiabile record di 350mila contatti.

Eppure c'erano quelli che sostenevano che ormai la questione Lehman Brothers fosse già bella e sepolta.

Grazie a tutti voi.
E' grazie a te duetto che molti hanno riscoperto la diatriba Lehman ..in effetti tenere in allenamento gli organi vitali della questione non ha prezzo. Buon proseguimento
 
Docket # 60728
Filed Jul 08 2020

Application for In Forma Pauperis Re: Notice of Appeal (related document(s)[60727]) filed by Rex Wu. (Rouzeau, Anatin)


Debtor: 08-13555 Lehman Brothers Holdings Inc.
Related Dockets
 
Ennio Doris, gli 80 anni del fondatore di Mediolanum:


Quanto costò salvare quelli di Mediolanum dal crac Lehman Brothers?

«Alla mia famiglia 63,5 milioni, alla Fininvest 56,5. Il più bell’investimento di sempre, perché l’anno dopo la raccolta schizzò da 2,8 a 5,89 miliardi».






Quello che le altre banche non compresero!
 

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