pazienza qualche giorno, ci sono prime voci informali che anche iwbank si allinea e fa l'insinuazione per i clienti
Ok, grazie, siete sempre molto gentili.
Saluti.
pazienza qualche giorno, ci sono prime voci informali che anche iwbank si allinea e fa l'insinuazione per i clienti
Credit Suisse (CS) is reportedly trying to sell a $1B claim it has against Lehman Brothers, and the market for Lehman claims has been steadily building over the past six months. More than 16,000 claims have been filed against the bankrupt firm, and Morgan Stanley (MS) reportedly sold a $1.3B claim last week for 38 cents on the dollar.
Seeking Alpha
Credit Suisse Group Said to Be Selling $1 Billion Lehman Claim
By Josh Fineman and Christopher Scinta
Sept. 24 (Bloomberg) -- Credit Suisse Group AG, Switzerland’s second-largest bank, is trying to sell a $1 billion claim it holds against bankrupt Lehman Brothers Holdings Inc., people familiar with the matter said.
Hedge funds and private-equity firms are among the potential buyers, according to the people, who asked not to be identified because the transaction is private. The claim is tied to about 20,000 derivative contracts to which Lehman was a counterparty, one of the people said.
Lehman creditors including UBS AG and the New York Giants football team filed more than 16,000 claims against the collapsed bank before a court-imposed deadline earlier this week. Creditors of a bankrupt company have to wait until after a bankruptcy plan is confirmed by the court to receive distributions, so some sell their claims to get paid faster.
“The trading volume of Lehman claims has steadily increased over the last six months,” said Christopher Moon, head of bankruptcy claims at SecondMarket Inc., which buys and sells claims against failed companies. “Market levels for Lehman claims have also increased steadily, with pricing for claims against certain debtor entities up significantly since the beginning of this year.”
Morgan Stanley last week sold a $1.3 billion Lehman claim to several different investors for 38 cents on the dollar, the people familiar with the matter said. Lehman claims are currently selling for around 40 cents on the dollar, they said.
Credit Suisse spokesman Duncan King declined to comment on a price.
Elliott, Paulson
New York-based hedge-fund firms Elliott Management Corp., King Street Capital Management LP and Paulson & Co. said in July in court papers that they hold about $13 billion in claims against Lehman. Silver Point Capital LP has also been purchasing claims, according to court documents.
Credit Suisse in August agreed to buy a $423 million claim from Citadel Investment Group, the hedge fund run by Kenneth C. Griffin, according to a filing with the New York Bankruptcy Court.
Credit Suisse Group Said to Be Selling $1 Billion Lehman Claim - Bloomberg.com
Court says Lehman derivatives contracts are unenforceable
When Lehman went broke a year ago, counterparties holding 900,000 separate derivatives contracts with the failed bank found themselves in an unusual position.
Some were aggrieved -- they were in the money and winning when Lehman went under, which meant they had to terminate their contracts and line up alongside other creditors. They can now expect to get paid a few cents for each dollar they are owed.
But other counterparties were happy -- they owed Lehman money on loss-making contracts, which were losing more money by the day, and took Lehman's bankruptcy as an opportunity to keep their shirts and walk away.
Not so fast, says the US bankruptcy court. It has found that derivatives counterparties have just two options: either keep the agreement in place and keep paying the premiums or terminate the contract and pay any money owed to the insolvent counterparty.
This is not what Lehman agreed when it contracted with its counterparties. The International Swaps and Derivatives Association (Isda) master agreement governing most derivatives transactions says that a counterparty does not need to make payments if the other party suffers an event of default and, needless to say, bankruptcy is classed as such an event.
The new ruling changes the terms of the game considerably. "Now the derivatives counterparties must assess whether they are better just paying out the termination payment to the insolvent counterparty," said Perry Sayles, a Hong Kong-based US partner at Freshfields Bruckhaus Deringer, an international law firm, "or whether they are better off keeping the agreement in place and continuing to pay the insolvent counterparty, with the hope that it will perform its obligations, which is possible in a reorganisation, or sell its rights and obligations to someone else."
However, the rules of the game are still the same in markets such as Hong Kong and Singapore, which means that counterparties can avoid the consequences of the US ruling by simply trading with dealers based outside the US -- or with dealers that would not be subject to bankruptcy proceedings in the US.
"If there remains a difference as to enforceability, and people care enough about being able to rely on this provision, it could mean that banks shift all of their derivatives operations to London or other jurisdictions," said Sayles, who adds, however, that other concerns also play a big role in determining where a bank chooses to locate itself, such as regulatory and tax issues.
The master agreement will come under the scrutiny of English-law courts in the insolvency proceedings of Lehman's London-based businesses during the next few months and insolvency specialists do not expect them to agree with their US counterparts. The provision has been tested once before in a Commonwealth court, in Australia during the Enron bankruptcy, which ruled that the energy company should be held to the contracts it signed. English courts should follow that ruling.
If that happens and the divergence between US and non-US law persists, derivatives professionals may have to find a solution of their own -- after all, nobody wants to be forced to move their derivatives businesses outside the US because of a discrepancy in the enforceability of a particular provision in the Isda master agreement.
One answer, and the most likely solution, is to work with Isda to amend the agreement itself. Until then, counterparties can enjoy more favourable treatment by contracting with non-US derivatives dealers.
l'angolo delle curiosità:
che cosa avreste fatto il famoso fine settimana di metà Settembre, se aveste avuto in tasca un assegno (evidentemente postdatato) emesso da Lehman per un importo di $ 250.000, pagabile il 19 Settembre?
io avrei probabilmente dormito molto poco...
è capitato a ludovico del balzo:
l'angolo delle curiosità:
che cosa avreste fatto il famoso fine settimana di metà Settembre, se aveste avuto in tasca un assegno (evidentemente postdatato) emesso da Lehman per un importo di $ 250.000, pagabile il 19 Settembre?
io avrei probabilmente dormito molto poco...
è capitato a ludovico del balzo:
pazienza qualche giorno, ci sono prime voci informali che anche iwbank si allinea e fa l'insinuazione per i clienti
Lehman Says Negotiators Knew Barclays Got $5 Billion Discount