Bankruptcy Preference Creditor's Digest

Lehman Brothers Holdings Inc. – CDDJ Bankruptcy Preference Litigation Status Reports

This APScans is a report of the complaints, dismissals, defaults and judgments (“CDDJ”) in the Lehman Brothers Holdings Inc. adversary proceedings for recovery of avoidable transfers under Chapter 5 of the Bankruptcy Code, including preferential transfers under Section 547(bankruptcy preferences) brought by Lehman Brothers Holdings Inc., on behalf of itself and as assignee of Lehman Brothers Inc.; Lehman Commercial Paper Inc.; or Lehman Brothers Special Financing Inc.. This report is a “start-end” report and does not report filings between these CDDJ events.

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Related Materials:

05/26/2011 - Defendant's Memorandum of Law in Support of Motion for Partial Dismissal filed in AP No.: 11-01681 - Defendant CITIBANK, N.A. et al -  Citibank seeks to dismiss the Trustee's $1 billion avoidance complaint, inter alia, on grounds of the equitable doctrine of recoupment, contemporaneous exchange for new value, and setoff.

09/26/2011 - JPMorgans Submission in Response to Case Management Order filed in AP No.: 10-03266 - Defendant JPMorgan Chase Bank, N.A. -  JPMorgan Chase Bank, N.A. provides this detailed response to U.S. Bankruptcy Judge James M. Peck's August 15, 2011 directive for the parties to state, inter alia, "why each count of the Amended Complaint either is or is not susceptible to a ruling by the bankruptcy court with respect to the pending motion to dismiss [and] why each count of the [49 Count] Amended Complaint either is or is not susceptible to final adjudication by the bankruptcy court [or] susceptible to the issuing of a report and recommendation to the district court regarding each such count.

08/15/2011 - Case Management Order in Relation to the Impact of Stern v. Marshall filed in AP No.: 10-03266 - Defendant JPMorgan Chase Bank, N.A. - 

08/05/2011 - Defendant's Supplemental Memorandum of Law in Support of Motion to Dismiss filed in AP No.: 10-03266 - Defendant JPMorgan Chase Bank, N.A. -  Defendant's half of a duet of briefing requested by U.S. Bankruptcy Judge James M. Peck to address the effect Stern v. Marshall, 131 S. Ct. 2594 (2011) on the Bankruptcy Court's ability to hear Plaintiff's 49 count complaint seeking recovery of “tens of billions of dollars” in damages.

08/05/2011 - Plaintiffs Memorandum Addressing the Effect of the Supreme Courts Decision in Stern v. Marshall on the Bankruptcy Courts Ability to Render Final Judgment on the Common Law Claims filed in AP No.: 10-03266 - Defendant JPMorgan Chase Bank, N.A. -  Plaintiff's half of a duet of briefing requested by U.S. Bankruptcy Judge James M. Peck to address the effect (if any) that the recent decision of Stern v. Marshall, 131 S. Ct. 2594 (2011), may have on the Court's ability to issue a final judgment in the adversary proceeding.

Adversary Proceedings Overview