Articles tagged with: Lehman Brothers Inc.

Reports, Articles, Motions, Opinions Concerning Lehman Brothers Holdings Inc. Bankruptcy Preferential, Fraudulent Transfer Avoidance Adversary Proceeding Litigation

Lehman Brothers Holdings Inc. et al v. JPMorgan Chase Bank, N.A. – JPMorgans Submission in Response to Case Management Order

Date: September 28, 2011 Author: burbageweddell

09/26/2011 – JPMorgans Submission in Response to Case Management Order filed in the Lehman Brothers Holdings Inc. Adversary Proceedings by JPMorgan Chase Bank, N.A. before U.S. Bankruptcy Judge James M. Peck in the Southern District of New York (Manhattan) filed by Wachtell, Lipton, Rosen & Katz (New York, NY) attorney Paul Vizcarrondo, Jr., Of Counsel: Harold S. Novikoff; Amy R. Wolf; Douglas K. Mayer; Emil A. Kleinhaus; Alexander B. Lees.

On August 15, 2011, U.S. Bankruptcy Judge James M. Peck issued a Case Management Order in Relation to the Impact of Stern v. Marshall (the “Stern Order”). Both the Plaintiffs, Lehman Brothers Holdings Inc. and Official Committee of Unsecured Creditors of Lehman Brothers Holdings Inc. (“Lehman”) and Defendant JPMorgan Chase Bank, N.A. (“JPMorgan”) each were directed, inter alia, to address each count of the 49 count amended complaint separately in stating whether such court was susceptible to: a ruling by the Bankruptcy Court on the pending motion to dismiss; either final adjudication by the Bankruptcy Court; or issuance of a report and recommendation by the Bankruptcy Court. JPMorgan’s response to this directive from Judge Peck is set forth below. Whether ultimately determined to be a correct or incorrect analysis of Stern, the issue analysis and presentation of JPMorgan is impressive.

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Lehman Brothers Holdings Inc. et al v. JPMorgan Chase Bank, N.A.: US Bankruptcy Judge Peck’s Order in Relation to the Impact of Stern v. Marshall

Date: August 18, 2011 Author: burbageweddell

Lehman Brothers Holdings Inc. et al v. JPMorgan Chase Bank, N.A. (In re Lehman Commercial Paper Inc. Case No. 08-13555), Adv. Proc. No. 10-03266 (Bankr. S.D.N.Y.  August 15, 2011) : Southern District of New York, United States Bankruptcy Judge James M. Peck issues this Case Management Order in Relation to the Impact of Stern v. Marshall following the receipt of briefing from Plaintiff Lehman Brothers Holdings and Defendant JPMorgan Chase Bank on the impact of the U.S. Supreme Court’s decision in Stern. Far more than a “case management order”, Judge Peck indicates his initial impressions of the Stern decision.   Among the most significant of Judge Peck’s statements is his conclusion that: “JPMorgan reads Stern broadly—too broadly, in the Court’s view. The JPMorgan position paper argues that unless Plaintiffs move promptly to withdraw the reference, the Amended Complaint should be dismissed. JPMorgan is wrong: Stern does not support dismissal.”

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Lehman Brothers Bankruptcy: Defendant JPMorgan’s Supplemental Memorandum of Law in Support of Motion to Dismiss

Date: August 7, 2011 Author: burbageweddell

08/05/2011 – Defendant’s Supplemental Memorandum of Law in Support of Motion to Dismiss filed in the Lehman Commercial Paper Inc. Adversary Proceedings by JPMorgan Chase Bank, N.A. before U.S. Bankruptcy Judge James M. Peck in the Southern District of New York (Manhattan) filed by  Wachtell, Lipton, Rosen & Katz (New York, NY) by attorney Paul Vizcarrondo, Jr.; Of counsel: Harold S. Novikoff, Amy R. Wolf, Douglas K. Mayer, David C. Bryan, Emil A. Kleinhaus and Alexander B. Lees .

JPMorgan Chase Bank, N.A. (“JPMorgan” or “Defendant”) argues that, in view of Stern v. Marshall, 131 S. Ct. 2594 (2011) (“Stern”), the Bankruptcy Court lacks authority to determine any of the 49 claims in the Amended Complaint of Lehman Brothers Holdings Inc. (“LBHI”) and Official Committee of Unsecured Creditors of Lehman Brothers Holdings Inc. (collectively with LBHI, “Plaintiff”). Registered users click here to see a copy of this brief.

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Lehman Commercial Paper Inc. Bankruptcy: Lehman Brothers Holdings Inc. et al v. JPMorgan Chase Bank, N.A. – Plaintiffs Memorandum Addressing the Effect of Stern v. Marshall

Author: burbageweddell

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 the Lehman Commercial Paper Inc. Adversary Proceedings by JPMorgan Chase Bank, N.A. before U.S. Bankruptcy Judge James M. Peck in the Southern District of New York (Manhattan) filed by  Curtis Mallet-Prevost Colt & Mosle LLP (New York, NY) attorneys Joseph D. Pizzurro; L. P. Harrison 3rd; Michael J. Moscato; Nancy E. Delaney; Peter J. Behmke; and Cindi Eilbott Giglio; and Quinn Emanuel Urquhart & Sullivan LLP attorneys John B. Quinn and Erica Taggart as Special Counsel to Plaintiff Intervenor, the Official Committee of Unsecured Creditors of Lehman Brothers Holdings Inc., et al.

Lehman Brothers Holdings Inc. and Official Committee of Unsecured Creditors of Lehman Brothers Holdings Inc. (“Plaintiff”) argues that, despite the United States Supreme Court holding in Stern v. Marshall, 131 S. Ct. 2594 (2011), the Court has the power to enter final orders with respect to the 49 counts asserted in the First Amended Complaint (the “Amended Complaint”) — including the common law counts — and the eight counts asserted in JPMorgan Chase Bank, N.A.’s (“JPMorgan”) counterclaim. This brief is Plaintiff’s half of a duet of briefing requested by U.S. Bankruptcy Judge James M. Peck. Reading the 2 briefs side by side, two things are clear: the meaning of Stern is subject to broad and conflicting interpretation; and the U.S. Bankruptcy Courts are left with an task of conducting an initial evaluation of the issues that will entail much of the legal issue analysis that formerly could wait until a motion for summary judgment or even trial. Registered users click here to see a copy of this brief.

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Lehman Brothers Inc. Liquidation: Giddens v. Citibank, N.A. et al – Defendant’s Memorandum of Law in Support of Motion for Partial Dismissal

Date: May 28, 2011 Author: burbageweddell

05/26/2011 – Defendant’s Memorandum of Law in Support of Motion for Partial Dismissal filed in the Lehman Brothers Inc. Adversary Proceedings by Citibank, N.A. et al before Judge James M. Peck in the Southern District of New York (Manhattan).

Lehman Brothers, Inc. (“LBI”) liquidation Trustee seeks recovery of this $1 billion under almost every avoidance theory provided by the Bankruptcy Code. This 60 page motion to dismiss seeks to narrow the Trustee’s lines of attack by asserting multiple, independent grounds for dismissal of various counts of the complaint.

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