Lehman Brothers Financial SA (LEHNQ)

[SwissCheeseAccount]

found it!


https://www.govinfo.gov/content/pkg/USCOURTS-nysb-1_08-bk-13555/pdf/USCOURTS-nysb-1_08-bk-13555-21.pdf




The Court will address each of Mr. Waske’s three motions in turn, as well as his allegations
related to due process violations and judicial bias


I. Motion to Reclassify

The bankruptcy court rejected Mr. Waske’s claims due to his lack of standing to modify the plan,
and the untimeliness of his claims.

Mr. Waske’s effort to reclassify certain Class 10B claims to Class 4 almost ten years after the Plan was finalized would upset the expectations of creditors.

II. Motion to Reserve

Given that
the court denied the Motion to Reclassify, there were no disputed claims, and accordingly there was no
error in denying the Motion to Reserve.

IV. Agenda of Hearing, Due Process, and Bias

Mr. Waske requested that the Court amend the agenda such that the hearing only concerned Motion for Summary Judgment. See Lehman Dkt. 60507. The court denied this request.

Accordingly, Mr. Waske’s request that the decision be reversed due to “due process violations”
and remanded to another judge is denied.

CONCLUSION

For the foregoing reasons, the bankruptcy court’s decision is affirmed, and Mr. Waske’s appeal
is denied in its entirety. The Clerk of Court is respectfully directed to close this case.
LBHI is directed to serve a copy of this order on Mr. Waske and to file proof of service on the
docket.

all denied highway!!!