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🛑 🛑 🛑 Reality: Like it or not, only one home grown person can aid Lehman Brothers and negotiate WW III now or next year.
Show me our cash now! Take this Lehman Brothers' train off the railroad tracks, this year and run for the hills. United States' Foreign Policy is really foreign to the real Americans. Very similar to Subordinated Creditors' Cash in this Bankruptcy. YAWHO?
👌👌👌 LBIE's Legal Team must be in/out of SCOTUS to enable cash in our hands before November 2025, to do right for Lehman's Subordinated Creditors:
The Supreme Court’s emergency docket, also known as the shadow docket, consists of applications seeking immediate action from the court. Unlike the merits docket, these cases are handled on an expedited basis with limited briefing and no oral argument, and the court often resolves them in unsigned orders with little or no explanation. This page shows significant emergency applications that have been filed during the current term.
Applications involving the death penalty are shaded in gray. Applications involving all other topics are in white.
Decided applications are listed by decision date. View this list sorted by case name.
🐎🐎🐎
Supreme Court of the State of New York
Appellate Division, First Judicial Department
PRESENT: Hon. Troy K. Webber, Justice Presiding,
Jeffrey K. Oing
Lizbeth González
Tanya R. Kennedy
Martin Shulman, Justices.
Lehman Brothers International (Europe) (in
Administration),
Motion No.
Index No.
Case No.
2024-01919
653284/11
Plaintiff-Appellant, 2023-03409
-against-
AG Financial Products, Inc.,
Defendant-Respondent.
Plaintiff-appellant having moved for reargument of, or, in the alternative, for
leave to appeal to the Court of Appeals from, the decision and order of this Court,
entered on March 14, 2024 (Appeal No. 1845),
Now, upon reading and filing the papers with respect to the motion, and due
deliberation having been had thereon,
It is ordered that the motion is denied.
ENTERED: July 18, 2024
FILED: APPELLATE DIVISION - 1ST DEPT 07/18/2024 10:29 AM 2023-03409
NYSCEF DOC. NO. 34 RECEIVED NYSCEF: 07/18/2024
It is well documented in the case and the derivatives' Industry will stay on course based on the facts below:
33 MEMORANDUM OF LAW (Motion #1919)
Reply Memorandum of Law in Further Support of Motion for Leave to Reargue, or in the Alternative, Le ... show more
https://iapps.courts.state.ny.us/nyscef/DocumentList?docketId=nBhmPgrlziYnQ3JvgTtW2A==&display=all
5
demonstrates the universal applicability of the principle. In any event, whether a
rule of law applicable in myriad circumstances applies to the parties’ New York law-
governed contract is a quintessential question of law warranting review by the Court
of Appeals to clarify the now uncertain and confused state of the law.
Similarly legal in nature were Supreme Court’s (and this Court’s)
misinterpretation and misapplication of other cases construing the same contract at
issue here. For example, AGFP repeats Supreme Court’s erroneous interpretation
of the Devonshire case when it contends (AGFP Opp. n.8) that Devonshire, as the
non-defaulting party, “did not attempt to calculate a theoretical market price for the
terminated transactions.” 🤑That is because the parties had amended their ISDA
Master Agreement to provide for an alternative calculation in the event Devonshire
was the non-defaulting party.🤑 LBIE Reply Br. (NYSCEF No. 29) at 7 n.1. AGFP
could have sought a similar amendment to the parties’ Agreement here, but it did
not, and Supreme Court’s misapplication of Devonshire to the standard, un-amended
ISDA Master Agreement constituted legal error.
These legal errors are subject to review by the Court of Appeals not only
because they are wrong but because they raise issues of significant public
importance. New York, as the world’s financial capital, has a unique interest in
ensuring the predictable and fair interpretation of the ISDA Master Agreement
consistent with the principles of New York law by which it is governed. Supreme
6
Court’s departure from well-settled New York law governing the calculation of loss-
of-bargain damages, and its departure from the well-settled rules of construction
governing the ISDA Master Agreement, raise legal issues of state-wide and indeed
global public importance, necessitating Court of Appeals review.
LBIE has therefore identified legal errors that this Court appears to have
overlooked or misapprehended, warranting reargument, and that present issues of
significant public importance and conflicting caselaw that ought to be reviewed and
resolved by the Court of Appeals.
7
Date: May 3, 2024 Respectfully submitted,
By: Andrew J. Rossman _
Andrew J. Rossman
David S. Mader
Owen F. Roberts
Sage R. Vanden Heuvel (pro hac vice)
QUINN EMANUEL URQUHART &
SULLIVAN LLP
51 Madison Avenue, 22nd Floor
New York, New York 10010
(212) 849-7000
andrewrossman@quinnemanuel.com
Mark C. Zauderer
Jason Cohen
DORF NELSON & ZAUDERER LLP
475 Fifth Avenue
New York, NY 10017
(212) 485-0005
mzauderer@dorflaw.com
Attorneys For Plaintiff-Appellant
Lehman Brothers International
(Europe) (in administration)
PWC LBIE Update <cr>:
Lehman Brothers
Lehman Brothers was the fourth largest investment bank, and its collapse was one of the defining moments of the 2008 financial crisis. PwC were appointed as administrators over the UK operations.
In excess of £36bn realised and many estates have returned greater than 100p in the £1
The largest, most complex and 🗼 successful insolvency in history. 🇱🇷 Has involved litigation in the High Court, ten cases before the Court of Appeal, and six hearings before the Supreme Court.
A myriad of new legislation and new powers of intervention for financial institutions has been built directly from the lessons learned as a result of the Lehman administration. Our partners, staff, legacy Lehman people and specialist advisors have made a significant global impact on subsequent insolvency matters, regulators, central banks and governments.
Lehman Entitles
Lehman Brothers Holdings Plc (in administration)
LB Holdings Intermediate 2 Limited (in administration)
Lehman Brothers Limited (in administration)
Lehman Brothers International (Europe) (in administration)
Mable Commercial Funding Limited (in administration)
LB UK RE Holdings Limited (in administration)
Eldon Street Holdings Limited (in administration)
Lehman Brothers PTG Limited (in administration)
Thayer Properties Limited (in liquidation)
Significant Achievements
Creditors
Estimated c.£7bn surplus
Total returns to counterparties of c.£43bn
Creditors repaid in full in a number of the insolvent estates
c.£23bn returns to clients of custodied securities, investments and associated cash
c.£13bn payments to unsecured creditors on agreed claims
Challenges
Complex Landscape
6,200 counterparties with live positions
820 bank accounts
750 stock depots
13 overseas branches
17,600 master agreements
60,000 sq feet of infrastructure
Data Haystacks
7,000 servers
500 terabytes of data
100,000 email accounts
50 million user files
75,000 hard copy boxes
2,000 complex financial systems
800,000 pending and failed trades
2,000 PwC partners and staff from 17 business areas, with 500 mobilised in the first week, responding to investigations, discovery motions, litigations, HR matters and regulatory requests.
Collaborate
Discover
Unite
Implementation Solution lens
PwC provides industry-focused services. 🗼Much of the success of the Lehman Administration was due to our ability to immediately bring in specialists we have previously worked with in Assurance, Consulting, Deals, Forensic Services, Legal, People, Risk and Tax. 🇱🇷 Our experienced staff, combined with our global network, allow us to provide the support you need.
Implementation Solution lens
Lehman companies formerly in administration or liquidation
A number of PwC appointed administrations and liquidations have now come to an end. You can access the archived information on these entities.
Meet the Administrators
Related content
Lehman Brothers
Lehman Brothers filed for bankruptcy in the US courts on 15 September 2008. PwC were appointed as administrators, on the largest insolvency in history.
Business Restructuring
Our business restructuring experts work alongside you to negotiate great outcomes, finding the optimal solutions to financial and operational challenges.
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CNBC
https://www.cnbc.com › 2024/07/15
BlackRock CEO Larry Fink: We need unfettered businesses & growth from ...
11 hours ago — BlackRock chairman and CEO Larry Fink joins 'Squawk on the Street' to discuss the company's quarterly earnings results, economic outlook, ...
YouTube · CNBC Television
31.7K+ views · 10 hours ago
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BlackRock chairman and CEO Larry Fink joins 'Squawk on the Street' to discuss the company's quarterly earnings results, economic outlook, ...
Bloomberg.com
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15 hours ago — BlackRock Inc. hauled in $51 billion of client cash to its long-term investment funds in the second quarter, pushing the world's largest ...
Fortune
https://fortune.com › 2024/07/14
Trump shooter was once featured in a BlackRock ad
1 day ago — Thomas Matthew Crooks was one of several students who appeared in the background of the 2022 ad, BlackRock said.
Keep Your Head to the Sky
Song by Earth, Wind & Fire
Lyrics:
Master told me one day
I'd find peace in every way
But in search for the clue
Wrong things I was bound to do
Keep my head to the sky
For the clouds to tell me why
As I grew and with strength
Master kept me as I repent and he said
"Keep your head to the sky (keep your head to the sky)
Keep your head to the sky (keep your head to the sky)"
You gave me the will to be free
Purpose to live is reality
Hey and I found myself never alone
Chances came to make me strong
Step right up, and be a man
'Cause you need faith to understand
So we're saying for you to hear
Keep your head in faith's atmosphere, ooh
keep your head to the sky
So the clouds (keep your head to the sky)
So that the time you are alone
Keep your head to the sky
Surely, the clouds are gonna tell you why
You gave me the will to be free
Purpose to live is reality
Ooh, when I found myself never alone
'Cause chances came, they came to make me strong
Hey, step right up, be a man
Ooh, you need faith to understand
Or someone just saying for you to hear
Keep your head in faith's atmosphere
keep, keep your head, to the sky, whoa
(Keep your head to the sky) keep your head to the sky
Don't walk around with your head hung down
(Keep your head to the sky)
(Keep your head to the sky) surely, surely, surely, surely the clouds are gonna tell you why, ooh
Keep your head to the sky
Keep your head to the sky
Keep your head to the sky
Source: Musixmatch
Songwriters: Maurice White
o 🇱🇷until 15 December 2024, in any circumstances;🇱🇷
WITHOUT PREJUDICE
SUBJECT TO CONTRACT
20
and subject to the PLC Administrators’ rights for their costs and
expenses to be paid from the PLC estate.
7 Conditions: i. Entry into a reserve and reservation agreement between
GP1 and DB (the “Reserve and Reimbursement
Agreement”) regarding DB’s and GP1's ongoing and
historic legal costs and exposure to adverse costs.
ii. Each of:
a. Indications of approval of GP1 entering into the
Framework Agreement and Reserve and
Reimbursement Agreement by ECAPS Account
Holders constituting a majority of ECAPS in issue
of each of LP I, LP II, and LP III; and
b. GP1 circulating the Term Sheet to ECAPS Account
Holders (giving 14 days' clear notice of a deadline
for any comments or objections) before the start
of the hearing in the ECAPS 2 Proceedings listed
for 9-13 October 2023.
iii. Entry into the 7(f) Application Settlement (as defined
above).
8 Consent orders ECAPS 2 Consent Order: agreed form to be included in a schedule
to the Framework Agreement. All parties to sign the consent
order, and Hogan Lovells to apply or otherwise contact the Court
asking the Court to formally enter the order.
7(f) Consent Order: agreed form to be included as a schedule to
the 7(f) Application Settlement. GP1, PLC Administrators and the
other Individual Respondents to sign, and Charles Russell
Speechlys to apply or otherwise contact the Court asking the
Court to enter the order.
The ECAPS 2 Consent Order and 7(f) Consent Order each to
provide that each party to the relevant application(s) will bear its
own costs relating to the withdrawal of the relevant
application/issue(s).
9 Further assurance /
undertakings
🐎🦍🐎Successors: The Framework Agreement shall provide that:
i. GP1 shall not assign, transfer or dispose of its interest in
the PLC Sub-Notes;
ii. LBHI shall not assign, transfer or dispose of the PLC Sub-
Debt:
o 🇱🇷until 15 December 2024,🇱🇷 in any circumstances;
and
o after 15 December 2024, unless (i) the assignee
or transferee has agreed to be bound by the
terms of the Framework Agreement; and (ii) GP1
and DB (in the case of DB if it holds 10% or more
You should be thinking about another Lehman Brothers' Plan Trust Extension. These outstanding legal cases are not going to fade away into the Clouds. It takes many months to write or wait on an Opinion. Appeals and malarkey have cost this bankruptcy years and years and years...at LBHI's cost. LBHI's bankruptcy was used to resolve Financial Industry's instruments grey areas at our cost and time. Reimbursement is required from the industry.
Sixteen years is not a bankruptcy. It is a new birth. Where is the Justice for subordinated Creditors? The Debtors' were given a free pass. We are not interested in the Debtors' excuses. Show us our money. This is all part of the New American: Secret billion dollar Hugs and Kisses for a smaller well defined group.
The Legal System is being abused like the World has never seen in the past Century.
🎂 Lehman Brothers' Bankruptcy Sixteenth Birthday is on September 15, 2024. The CT Holders' back interest is a variable asset, in addition to the fixed $25 per share CT Holders' principal or liquidation amount.
All together, expenses for the Chapter 11 and SIPA proceedings add up to $7.26 billion.
Although the Chapter 11 proceedings are set to continue for some time, our figures include expected estimates for the remaining period of resolution, as reported by the Lehman debtors. Moreover, the SIPA resolution is essentially complete. Thus, the expenses reported in the chart above are likely a fair estimate of the total expenses from these resolutions. However, expenses for resolving other Lehman entities, such as its non-U.S. affiliates, are not available. As a result, our estimates should be viewed as a lower bound on the total expenses associated with Lehman’s resolution.
🤑🤑🤑 Irrelevant, because old men and young women are hard to stop. Example: The old men that are grabbing available cash in this Lehman Brothers' Bankruptcy, will not stop or read any reports.
Cold Heart (PNAU Remix) Lyrics
[Intro]
(Oh)
(Oh)
(You're my cold heart)
(Oh)
(Oh)
[Verse: Elton John]
It's a human sign
When things go wrong
When the scent of her lingers
And temptation's strong
[Pre-Chorus: Elton John]
Cold, cold heart
Hardened by you (Oh)
Some things lookin' better, baby
Just passin' through (No, no, no, no, no)
[Chorus: Dua Lipa with Elton John]
And I think it's gonna be a long, long time
'Til touchdown brings me 'round again to find
I'm not the man they think I am at home
Oh no, no, no
And this is what I should have said
Well, I thought it, but I kept it hid
[Pre-Chorus: Elton John]
Cold, cold heart
Hardened by you (Oh)
Some things lookin' better, baby
Just passin' through (No, no, no, no, no)
[Chorus: Dua Lipa with Elton John]
And I think it's gonna be a long, long time
'Til touchdown brings me 'round again to find
I'm not the man they think I am at home
Oh no, no, no (No, no, no, no, no)
And this is what I should have said
Well, I thought it, but I kept it hid
[Pre-Chorus: Elton John]
Cold, cold heart (Oh)
Hardened by you
Some things lookin' better, baby (Oh)
Just passin' through (No, no, no, no, no)
[Chorus: Dua Lipa]
And I think it's gonna be a long, long time
'Til touchdown brings me 'round again to find
I'm not the man they think I am at home
Oh no, no, no (No, no, no, no, no)
And this is what I should have said
(And I think it's gonna be a long, long time)
('Til touchdown brings me 'round again to find)
Well, I thought it, but I kept it hid
(I'm not the man they think I am at home)
(Oh, no, no, no) (No, no, no, no, no)
[Outro]
Shoorah (Oh)
Shoorah
Shoorah (Oh)
Shoorah
(No, no, no, no, no)
You will never find Hugs and Kisses in a Financial book. Welcome to the new America. Roger, we have lift off. 🚀🚀🚀
We have No Law Enforcement and Government, Only Professional Gang Members. Thank you very much, Sir.
👁️ 👁️👌 The New America is alive. Put the Genie back into the bottle.
Dictionary genie
Definitions from Oxford Languages · Learn more
noun
a spirit of Arabian folklore, frequently depicted as being imprisoned within a bottle or oil lamp and as being capable of granting wishes when summoned.
🚀🚀🚀Thank you very very much! We all have dreams and goals.
You may enjoy reading about the twin Oliver's brothers, my first cousins and mentors from the age of 14, versus looking at more Lehman Brothers' cases. Enjoy a few more Hunts:
J. D. Oliver
Outskirts Press, Mar 14, 2021 - 166 pages
A Heart of Giving chronicles the life of J.D. Oliver-his extraordinary quest for learning, his career in education and the space industry, and the influences and events instrumental to his success. Navigating life as an African American man born in rural Texas in the late '30s, J.D. began pursuing educational opportunities in the late 1950s and continued his quest for knowledge in the mathematics and science arena. He was a respected scientific programmer and data analyst at Lockheed Electronics (Lockheed Martin) at the Johnson Space Center and later, at Singer-Link, became one of the first African Americans to conduct testing of the flight control panel for the F-16 Fighter Jet and simulation work for the Columbia space shuttle. As an associate professor at Prairie View A&M University, he developed a computer science program that became the first in the Texas A&M University System to be accredited by the Computer Science Accrediting Board. Inspired by the giving spirit of loving parents and a dedicated aunt, J.D.- accompanied nearly every step of the way by his twin brother, A.D.-achieved a life of commitment and dedication that helped to create opportunity and a future for many generations to come.
« Less
Other editions - View all
Looking back with more facts on the LBIE vs AGFP case, why did Judge Shelley C. Chapman turn down this case that has plain and simple contract language?
UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
In re:
Lehman Brothers International (Europe) (in
administration),1
Debtor in a Foreign Proceeding.
Chapter 15
Case No. 18-11470 (SCC)
NOTICE OF FILING AND HEARING ON PETITION SEEKING RECOGNITION OF
FOREIGN PROCEEDING AND RELATED RELIEF PURSUANT TO
CHAPTER 15 OF THE UNITED STATES BANKRUPTCY CODE
PLEASE TAKE NOTICE that on May 14, 2018, Russell Downs, in his capacity
as the duly authorized foreign representative (the “Foreign Representative”) of Lehman Brothers
International (Europe) (in administration) (the “Debtor”),2 filed the Chapter 15 Petition for
Recognition of a Foreign Proceeding [Dkt. No. 1] and the Verified Petition Under Chapter 15 for
Recognition of a Foreign Main Proceeding and Related Relief [Dkt. No. 2] (together, the
“Petition”) pursuant to chapter 15 of title 11 of the United States Code (the “Bankruptcy Code”),
with the United States Bankruptcy Court for the Southern District of New York (the “Court”).
PLEASE TAKE FURTHER NOTICE that the Foreign Representative seeks the
entry of an order (a) finding that (i) the Debtor is eligible to be a “debtor” under chapter 15 of the
Bankruptcy Code, (ii) the English Proceeding is a “foreign main proceeding” within the meaning
of section 1502 of the Bankruptcy Code, (iii) the Foreign Representative satisfies the requirements
of a “foreign representative” under section 101(24) of the Bankruptcy Code and (iv) the Petition
was properly filed and meets the requirements of section 1515 of the Bankruptcy Code; (b)
granting recognition of the English Proceeding as a foreign main proceeding under sections 1517
and 1520 of the Bankruptcy Code; (c) granting all relief afforded to foreign main proceedings
under section 1520 of the Bankruptcy Code; (d) recognizing, granting comity to, and giving full
force and effect within the territorial jurisdiction of the United States to the English Proceeding,
the Scheme and the Sanction Order, including giving effect to the releases set forth in the Scheme;
(e) permanently enjoining all parties from commencing or continuing any action or proceeding in
the United States against the Debtor or its assets located within the territorial jurisdiction of the
1
The last four digits of the Debtor’s England and Wales company registration number are 8254. The location
of the Debtor’s registered office is Level 23, 25 Canada Square, London, E14 5LQ, United Kingdom.
2
The Debtor entered administration in the UK on September 15, 2008 (the “Administration”). The Debtor is
now the subject of proceedings (the “English Proceeding”) currently pending before the Chancery Division
(Companies Court) of the High Court of Justice of England and Wales (the “High Court”) concerning a
scheme of arrangement (the “Scheme”)2
under part 26 of the Companies Act 2006 of England and Wales (as
modified, amended or re-enacted from time to time, the “Companies Act”).https://www.pwc.co.uk
🙏👁️🙏Jesus will not alter your will or motivation, but he will alter your life.
🆘🆘🆘 Sir: Protect only Canada and not the United States' Investors.
“We should make the policy choice to protect the investing public over facilitating business models of noncompliant firms,” he added.
Gensler noted that FIT 21 would abandon the Supreme Court’s long-standing test for classifying securities and would allow issuers to self-certify that their products are decentralized, making them digital commodities and removing them from SEC oversight.
Enjoy the Hunt! Otherwise, close your eyes and wish for a rainbow or pie to fall out of the sky!
The crooks read and post on this board too! This case is much bigger than Lehman Brothers' derivatives. Shine a light on that coon that is trying to hide in that tall oak tree. 🤑
eargument or leave to appeal is therefore warranted.
Second, Supreme Court committed reversible legal error below, and this Court
erred on appeal, by misinterpreting the parties’ contract to allow a calculation of
Loss completely untethered to the market value of the terminated derivatives. AGFP
itself concedes that Supreme Court’s ruling finding market prices “irrelevant” was
based on “the language of the Agreement.” AGFP Opp. (NYSCEF No. 32) at 26. It Is axiomatic that “[t]he interpretation and construction of such documents as
contracts … are matters properly treated as questions of law and are reviewable by
this Court.” Gitelson v. Du Pont, 17 N.Y.2d 46, 48 (1966). In this case—😷where the
contract at issue governs hundreds of trillions of dollars of financial derivatives
between parties entirely remote from the parties in suit, 😷see JPMorgan Chase Bank,
N.A. v. Godfrey Ltd. P’ship, No. 602920/2008, 2012 WL 10007863, at *9 (Sup. Ct.
N.Y. County July 16, 2012), there is a clear and significant public interest in ensuring
certainty and consistency in its interpretation and construction.
Supreme Court’s ruling that market prices were “irrelevant”
👁️👁️Current News for Framework
Agreement's Y and Z Distributions:
Stop the theft!
Settlement Agreement soon?
Modified versus Standard ISDA Master Agreement Contracts:
After all these years, we were working on the wrong case (Trillions). These dudes (AGFP and gang) cannot read the CTs' prospectuses and the ISDA Master Agreements. Both contracts are based on New York law. Thanks to SCOTUS for their 2019 decision in the CTs Holders' favor [Executory Contract Rights survives rejection...].
👉️ That is because the parties had amended their ISDA
Master Agreement to provide for an alternative calculation in the event Devonshire
was the non-defaulting party. LBIE Reply Br. (NYSCEF No. 29) at 7 n.1. AGFP
could have sought a similar amendment to the parties’ Agreement here, 🇱🇷 but it did
not, and Supreme Court’s misapplication of Devonshire to the standard, un-amended
ISDA Master Agreement constituted legal error.
5
demonstrates the universal applicability of the principle. In any event, whether a
rule of law applicable in myriad circumstances applies to the parties’ New York law-
governed contract is a quintessential question of law👉️ warranting review by the Court
of Appeals to clarify the now uncertain and confused state of the law.
Similarly legal in nature were Supreme Court’s (and this Court’s)
misinterpretation and misapplication of other cases construing the same contract at
issue here. For example, AGFP repeats Supreme Court’s erroneous interpretation
of the Devonshire case when it contends (AGFP Opp. n.8) that Devonshire, as the
non-defaulting party, “did not attempt to calculate a theoretical market price for the
terminated transactions.”👉️ That is because the parties had amended their ISDA
Master Agreement to provide for an alternative calculation in the event Devonshire
was the non-defaulting party. LBIE Reply Br. (NYSCEF No. 29) at 7 n.1. AGFP
could have sought a similar amendment to the parties’ Agreement here, 🇱🇷but it did
not, and Supreme Court’s misapplication of Devonshire to the standard, un-amended
ISDA Master Agreement constituted legal error.
These legal errors are subject to review by the Court of Appeals not only
because they are wrong but because they raise issues of significant public
importance. 👉️New York, as the world’s financial capital, has a unique interest in
ensuring the predictable and fair interpretation of the ISDA Master Agreement
consistent with the principles of New York law by which it is governed. Supreme
Where is white-collar Island, State, Country, or Planet? Help! Help! Help!
Bid 0.0003 x 773,200
How much longer? Hell, we do not know...if we did know, we would extent the Bankruptcy until we buy back all the damn CTs' for 0.0003.
It feels better, when you can blame an Entity.
The term "white-collar crime" refers to financially motivated, nonviolent or non-directly violent crime committed by individuals, businesses and government professionals. The crimes are believed to be committed by middle-class individuals for financial gains.
Wikipedia
🧤 🧤🧤https://www.alvarezandmarsal.com/our-people/jonathan-tibus
https://www.nrn.com/casual-dining/red-lobster-names-restructuring-expert-jonathan-tibus-ceo-replacing-horace-dawson-who
🔦🔦🔦 More prime real estate...for sale with 100 restaurants closing.
Exit Bankruptcy, collect dividends and focus on real estate deals like this one below:
It was convenient living in this area in 1981. In 2021, whether I delivered flowers at 2 pm or 2 am, in this area on Westheimer, the people people people were out 24/7...Home Depot, Lowes, Target, Costco...this property would make a nice Condo.
Stop trying to buy CTs until you are 99 dudes. Exit Bankruptcy...and deal with old money.
The 11-story TwentyFour25, built in 1980 at the intersection of Westheimer and 610 North, was once the headquarters of the former department store operator Stage Stores. The retailer that owned now-defunct names such as Bealls, Goody's, Gordmans, Peebles and Palais Royal liquidated all of its stores after it filed for bankruptcy in 2020.
⛓️🔗⛓️🪝🏃Who benefits from this delay? Jail Time?
🤭🤭🤭Modified versus Standard ISDA Master Agreement Contracts:
The language in this case is so plain and simple to follow, what is really going on here?
"👉️ That is because the parties had amended their ISDA
Master Agreement to provide for an alternative calculation in the event Devonshire
was the non-defaulting party. LBIE Reply Br. (NYSCEF No. 29) at 7 n.1. AGFP
could have sought a similar amendment to the parties’ Agreement here, 🇱🇷 but it did
not, and Supreme Court’s misapplication of Devonshire to the standard, un-amended
ISDA Master Agreement constituted legal error."
"5
demonstrates the universal applicability of the principle. In any event, whether a
rule of law applicable in myriad circumstances applies to the parties’ New York law-
governed contract is a quintessential question of law👉️ warranting review by the Court
of Appeals to clarify the now uncertain and confused state of the law.
Similarly legal in nature were Supreme Court’s (and this Court’s)
misinterpretation and misapplication of other cases construing the same contract at
issue here. For example, AGFP repeats Supreme Court’s erroneous interpretation
of the Devonshire case when it contends (AGFP Opp. n.8) that Devonshire, as the
non-defaulting party, “did not attempt to calculate a theoretical market price for the
terminated transactions.”👉️ That is because the parties had amended their ISDA
Master Agreement to provide for an alternative calculation in the event Devonshire
was the non-defaulting party. LBIE Reply Br. (NYSCEF No. 29) at 7 n.1. AGFP
could have sought a similar amendment to the parties’ Agreement here, 🇱🇷but it did
not, and Supreme Court’s misapplication of Devonshire to the standard, un-amended
ISDA Master Agreement constituted legal error.
These legal errors are subject to review by the Court of Appeals not only
because they are wrong but because they raise issues of significant public
importance. 👉️New York, as the world’s financial capital, has a unique interest in
ensuring the predictable and fair interpretation of the ISDA Master Agreement
consistent with the principles of New York law by which it is governed. Supreme"
LBHI, see if you can win this bid. Thanks
A Houston office building designed by famed architect I.M. Pei is going up for sale through Chapter 11 bankruptcy.
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Continuation of my previous post, Basis:
"652, 2019 WL 2166392 (U.S. May 20, 2019), the U.S. Supreme Court ruled that the rejection in bankruptcy of a trademark license agreement, which constitutes a breach of the agreement under section 365(g) of the Bankruptcy Code, does not terminate the rights of the licensee that would survive the licensor's breach under ..."
https://www.jonesday.com › 2019/08
Supreme Court Rules on Trademark License Agreement | Jones Day
🤭🤭🤭Modified versus Standard ISDA Master Agreement Contracts:
After all these years, we were working on the wrong case (Trillions). These dudes (AGFP and gang) cannot read the CTs' prospectuses and the ISDA Master Agreements. Both contracts are based on New York law. Thanks to SCOTUS for their 2019 decision in the CTs Holders' favor [Executory Contract Rights survives rejection...].
👉️ That is because the parties had amended their ISDA
Master Agreement to provide for an alternative calculation in the event Devonshire
was the non-defaulting party. LBIE Reply Br. (NYSCEF No. 29) at 7 n.1. AGFP
could have sought a similar amendment to the parties’ Agreement here, 🇱🇷 but it did
not, and Supreme Court’s misapplication of Devonshire to the standard, un-amended
ISDA Master Agreement constituted legal error.
5
demonstrates the universal applicability of the principle. In any event, whether a
rule of law applicable in myriad circumstances applies to the parties’ New York law-
governed contract is a quintessential question of law👉️ warranting review by the Court
of Appeals to clarify the now uncertain and confused state of the law.
Similarly legal in nature were Supreme Court’s (and this Court’s)
misinterpretation and misapplication of other cases construing the same contract at
issue here. For example, AGFP repeats Supreme Court’s erroneous interpretation
of the Devonshire case when it contends (AGFP Opp. n.8) that Devonshire, as the
non-defaulting party, “did not attempt to calculate a theoretical market price for the
terminated transactions.”👉️ That is because the parties had amended their ISDA
Master Agreement to provide for an alternative calculation in the event Devonshire
was the non-defaulting party. LBIE Reply Br. (NYSCEF No. 29) at 7 n.1. AGFP
could have sought a similar amendment to the parties’ Agreement here, 🇱🇷but it did
not, and Supreme Court’s misapplication of Devonshire to the standard, un-amended
ISDA Master Agreement constituted legal error.
These legal errors are subject to review by the Court of Appeals not only
because they are wrong but because they raise issues of significant public
importance. 👉️New York, as the world’s financial capital, has a unique interest in
ensuring the predictable and fair interpretation of the ISDA Master Agreement
consistent with the principles of New York law by which it is governed. Supreme
The Lehman Groups' Waterfall:
LBIE
LBHI2 and WW
LBH PLC
LBHI's sub debt note in LBH PLC $1 Billion
LBHI
Senior Creditors
Subordinated Creditors' CTs Holders' interest
Song by Harold Melvin & the Blue Notes
If you don't know me by now
You will never never never know me (oh)
All the things that we've been through
You should understand me like I understand you
Now baby I know the difference between right and wrong
I ain't gonna do nothing to upset our happy home
Oh don't get so excited when I come home a little late at night
'Cause we only act like children when we argue fuss and fight
If you don't know me by now (if you don't know me)
You will never never never know me (you'll never, never know me)
If you don't know me by now(if you don't, if you don't know me baby)
You will never never never know me(No you won't)
We've all got our own funny moods
I've got mine, woman you've got yours too
Just trust in me like I trust in you
As long as we've been together it should be so easy to do
Just get yourself together or we might as well say goodbye
What good is a love affair when you can't see eye to eye, oh
If you don't know me by now (if you don't, if you don't know me baby)
You will never never never know me (hey hey, hey hey, hey hey)
If you don't know me by now (you will never never never know me)
You will never never never know me (oh)
Source: LyricFind
Songwriters: Kenneth Gamble / Leon Huff
If You Don't Know Me by Now lyrics © BMG Rights Management, Kobalt Music Publishing Ltd., ONErpm, Royalty Network, Songtrust Ave, Sony/ATV Music Publishing LLC, TuneCore Inc., Universal Music Publishing Group, Warner Chappell Music, Inc
Continue with page 5:
5
demonstrates the universal applicability of the principle. In any event, whether a
rule of law applicable in myriad circumstances applies to the parties’ New York law-
governed contract is a quintessential question of law👉️ warranting review by the Court
of Appeals to clarify the now uncertain and confused state of the law.
Similarly legal in nature were Supreme Court’s (and this Court’s)
misinterpretation and misapplication of other cases construing the same contract at
issue here. For example, AGFP repeats Supreme Court’s erroneous interpretation
of the Devonshire case when it contends (AGFP Opp. n.8) that Devonshire, as the
non-defaulting party, “did not attempt to calculate a theoretical market price for the
terminated transactions.”👉️ That is because the parties had amended their ISDA
Master Agreement to provide for an alternative calculation in the event Devonshire
was the non-defaulting party. LBIE Reply Br. (NYSCEF No. 29) at 7 n.1. AGFP
could have sought a similar amendment to the parties’ Agreement here, 🇱🇷but it did
not, and Supreme Court’s misapplication of Devonshire to the standard, un-amended
ISDA Master Agreement constituted legal error.
These legal errors are subject to review by the Court of Appeals not only
because they are wrong but because they raise issues of significant public
importance. 👉️New York, as the world’s financial capital, has a unique interest in
ensuring the predictable and fair interpretation of the ISDA Master Agreement
consistent with the principles of New York law by which it is governed. Supreme
Continue with next page:
6
Court’s departure from well-settled New York law governing the calculation of loss-
of-bargain damages, and its departure from the well-settled rules of construction
governing the ISDA Master Agreement, raise legal issues of state-wide and indeed
global public importance, necessitating Court of Appeals review.
LBIE has therefore identified legal errors that this Court appears to have
overlooked or misapprehended, warranting reargument, and that present issues of
significant public importance and conflicting caselaw that ought to be reviewed and
resolved by the Court of Appeals.
Continue from my previous post:
4
is axiomatic that “[t]he interpretation and construction of such documents as
contracts … are matters properly treated as questions of law and are reviewable by
this Court.” Gitelson v. Du Pont, 17 N.Y.2d 46, 48 (1966). 👉️In this case—where the
contract at issue governs hundreds of trillions of dollars of financial derivatives
between parties entirely remote from the parties in suit, see JPMorgan Chase Bank,
N.A. v. Godfrey Ltd. P’ship, No. 602920/2008, 2012 WL 10007863, at *9 (Sup. Ct.
N.Y. County July 16, 2012), there is a clear and significant public interest in ensuring
certainty and consistency in its interpretation and construction.👈️
Supreme Court’s ruling that market prices were “irrelevant” also raises a
series of additional legal errors of broad legal consequence to businesses governed
by New York law. AGFP claims to have calculated Loss based on “loss of bargain”
pursuant to the parties’ contract. A7147, 9416. But New York law—which governs
the parties’ contract—requires that loss of bargain be calculated by reference to
market price, White v. Farrell, 20 N.Y.3d 487, 499 (2013), even if market prices are
not directly observable, Credit Suisse First Bos. v. Utrecht-Am. Fin. Co., 84 A.D.3d
579, 580 (1st Dep’t 2011). By affirming Supreme Court’s contrary ruling, the
Decision stands in direct conflict with these Court of Appeals and First Department
decisions applying fundamental damages principles.
AGFP contends that these cases (and many others cited by LBIE for the same
proposition) did not involve precisely the same facts as this dispute—but that only
MEMORANDUM OF LAW (Motion #1919)
Reply Memorandum of Law in Further Support of Motion for Leave to Reargue, or in the Alternative, Le ... show more Rossman, A.
Filed: 05/03/2024
Received: 05/03/2024
LBIE vs AGFP Case Link:
https://iapps.courts.state.ny.us/nyscef/DocumentList?docketId=nBhmPgrlziYnQ3JvgTtW2A==&display=all
See May 3, 2024 letter...
🏝️🏝️🏝️Keep Working on your Bucket list and never stop:
We all can use some down time. If I get paid here, my plan is to approach the speed of light...
Possible party location?
In retirement you have more idle time to look back.
Jim Hall hired me fresh out of College, in Houston, Texas; to work for General Electric and sent me to Schenectady, New York and Charlottesville, Virginia for several years. We bid on Federal and State and Private contracts too.
https://www.tributearchive.com/obituaries/26401927/james-albert-hall
http://www.hickoryknolranch.com/hkr
😎😎😎 Welcome to the new America, no more Law Enforcement and Government, only Professional Gang Members!
Where is Ivy? Damn Shame 🌡️🌡️🔥
🚦🚦🚦 Waiting on Declaration Notifications:
https://highways.dot.gov/highway-history/general-highway-history/safer-stop-and-go-garrett-morgans-traffic-signal-legacy
⌛️
https://www.pwc.co.uk/services/business-restructuring/administrations/non-lbie-companies/lbh-plc-in-administration/dividends-to-creditors.html
https://www.pwc.co.uk/services/business-restructuring/administrations/non-lbie-companies/lbhi2-limited-in-administration/dividends-to-creditors.html