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.
This APScans covers filings ENTERED during the period from January 1, 2010 date through Monday, February 23, 2015. -
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
Lead Bankruptcy Case Name (Case Number): Lehman Brothers Holdings Inc. (08-13555)
Petition Date: Commencing on September 15, 2008, and periodically thereafter, LBHI and certain of its subsidiaries commenced voluntary cases under chapter 11 of the Bankruptcy Code. On September 19, 2008, the Honorable Gerard E. Lynch of the United States District Court for the Southern District of New York, entered the Order Commencing Liquidation of the Debtor Lehman Brothers Inc. (the “LBI Liquidation Order”) pursuant to the provisions of the Securities Investor Protection Act of 1970 in the case captioned Securities Investor Protection Corporation v. Lehman Brothers Inc., No. 08-CIV-8119 (GEL) (S.D.N.Y. Sept. 19, 2008). The LBI Liquidation Order, inter alia, appointed James W. Giddens as SIPA Trustee and removed the proceeding to the Bankruptcy Court.
Bankruptcy Court District (Division): Southern District of New York (Manhattan)
Associated Debtors: The Associated Debtors and filing dates are: LB 745 LLC (9/16/2008); PAMI Statler Arms LLC (9/23/2008); Lehman Brothers Commodity Services Inc. (10/3/2008); Lehman Brothers Special Financing Inc. (10/3/2008); Lehman Brothers OTC Derivatives Inc. (10/3/2008); Lehman Brothers Derivative Products Inc. (10/5/2008); Lehman Commercial Paper Inc. (10/5/2008); Lehman Brothers Commercial Corporation (10/5/2008); Lehman Brothers Financial Products Inc. (10/5/2008); Lehman Scottish Finance L.P. (10/5/2008); CES Aviation LLC (10/5/2008); CES Aviation V LLC (10/5/2008); CES Aviation IX LLC (10/5/2008); East Dover Limited (10/5/2008); Luxembourg Residential Properties Loan Finance S.a.r.l. (1/7/2009); BNC Mortgage LLC (1/9/2009); Structured Asset Securities Corporation (2/9/2009); LB Rose Ranch LLC (2/9/2009); LB 2080 Kalakaua Owners LLC (4/23/2009); Merit LLC (12/14/2009); LB Somerset LLC (12/22/2009); LB Preferred Somerset LLC (12/22/2009)
Plaintiff: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.
Number of Proceedings: 1,204 Complaints (247 Bankruptcy Preference complaints)
When Filed:The filing of bankruptcy preference recovery complaints started on September 14, 2010.
Adversary Proceeding Judge: U.S. Bankruptcy Judge James M. Peck
Plaintiff's Counsel:Weil, Gotshal & Manges, LLP (New York, NY), Lead Attorney Shai Waisman; Mindy J. Spector; Kevin F. Meade
Avoidance Period: The complaint identifies the preference period as "the 90 day period prior to commencing their respective cases in this Court".
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