Sunday, June 28, 2020 12:06:25 PM
June 2020 ECAPS' verification in progress Pass 28 Status Code: P
Note: I wrote several orders based on what Judge Chapman said in the June 19, 2019 hearing. The orders can be viewed on this thread. Read the June 19, 2019 court transcript docket 59859.
Also, after the hearing, I provided MR. Fail (the Plan Administrator), with my broker statement that show that I currently own over 40,000 CT shares (purchased after 8/28/2018) that I purchased with knowledge of the 2005 General Gaurantee and before the June 19, 2019 hearing. I think that LBHI's BOD will reach out to us in the long run with the help of a District Court Judge!
Will Judge EngelMayer be assigned the Waske appeal case? WOW
Status Codes:
P = Pennies
D = Dollars
F = Fraud dollars+
" ver·i·fi·ca·tion
/?ver?f?'kaSH(?)n/
noun
the process of establishing the truth, accuracy, or validity of something."
$$$$$
"Judicial economy refers to efficiency in the operation of the courts and the judicial system. It is the efficient management of litigation so as to minimize duplication of effort. ... For example, a court may consolidate two cases for trial to save the court and parties from having two trials"
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Excerpt from the CTs' June 19, 2019 hearing with Judge Chapman (docket 59859):
"THE COURT: So, what you're referring to is the
22 law that's clear and that I set forth in the recent SRM
23 decision, which I wouldn't charge Mr. Gregory or Mr. Wu with
24 being aware of. But the law is that when there is a general
25 guarantee, as opposed to a specific guarantee, and corporate
resolution is a general guarantee, it's necessary to show
2 that one acted in reliance -- with knowledge of and in
3 reliance on the general guarantee. So, by definition,
4 that's not the case here."
***********
1) The 2005 LBHI Board of Directors' corporate resolution is a general guarantee as discussed above. A CTs' holder has to show knowledge of or reliance on this general guarantee before purchasing their CTs as seen in the June 19, 2019 hearing transcript.
2) However LBHI’s August and September 2008 guaranties and security agreements is a specific guarantee. Which means that a holder was not required to show knowledge of or reliance on this specific guarantee before purchasing their CTs. This specific guarantee was not addressed at the June 19, 2019 hearing. See the specifics of this guarantee below:
From Docket 54683:
"“Unaffected Matters” means claims filed by or on behalf of any JPMorgan Entity or any affiliates or funds of a JPMorgan Entity, or in which any JPMorgan Entity or any affiliates or funds of a JPMorgan Entity has an interest, that are not Settled Matters, including without limitation claims filed by or on behalf of a
JPMorgan Entity as agent, for a customer or for a fund that it manages, claims relating to Canary Wharf, claims held
from time to time by a JPMorgan Entity’s distressed claims trading
desk, and any other claims that JPMorgan did not assert were covered by LBHI’s August and September 2008 guaranties and security agreements in favor of JPMCB’s subsidiaries and affiliates.
For the avoidance of doubt, claims relating to the LBSF Action are not Unaffected Matters. Lehman reserves all objections and defenses to the Unaffected Matters."
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