Replies to post #64412 on Lehman Brothers Financial SA (LEHNQ)

[Nellafom]

Wow. Sounds like we dodged another bullet.

Is the way clear for Judge Sullivan to rule or is there more negotiations required to settle the non CDA claims?

[camaro4me]

This does not look like an accidental breach. This looks more like a thought-out planned breach.

[cottonisking]

Judge Sullivan, are LBHI CT holders JPMorgan's customer(s)?

LBHI CT holders are not JPMorgan customers. Not in the normal sense of the word. JPMorgan has power of attorney to collect our money in its own name!

Judge Sullivan, are LBHI CT holders JPMorgan's customer?

*** old post ***

"in its own name"
"in its own name"
"in its own name"
"a) recover judgment, in its own name and as trustee of an express trust,"

*****

"Lehman and its creditors argued that the 2008 agreement — which it said was "forced" upon it — allowed JPMorgan to apply the $8.6 billion in collateral to its affiliates, subsidiaries and successors, but that customers do not qualify as any of those.
"

http://www.law360.com/articles/305329/jpmorgan-to-return-700m-to-lehman-in-settlement


*****

One has to talk to the Guarantee Trustee JPMC about LBHI guarantee claim numbers(allowed or contingent) - 66462. Hello!

_________

Quote:
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2.10. Guarantee Trustee May File Proofs of Claim. Upon the occurrence of a Guarantee Event of Default, the Guarantee Trustee is hereby authorized to (a) recover judgment, in its own name and as trustee of an express trust, against the Guarantor for the whole amount of any Guarantee Payments remaining unpaid and (b) file such proofs of claim and other papers or documents as may be necessary or advisable in order to have its claims and those of the Holders of the Securities allowed in any judicial proceedings relative to the Guarantor, its creditors or its property.
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http://www.sec.gov/Archives/edgar/data/806085/000104746903008869/a2105775zex-4_05.htm

**** old post ****

Lets simplify or brake this definition (lawyer code) down: “Non-CDA Claims.” Someone wants to tell us something in this enigma!

*** JPMorgan is our Guarantee Trustee. This is a new name for us: Non-CDA Claims. We are a customer (CT holders/TRUPS) of JPMorgan. ***

a)“Non-CDA Claims” means any claims filed by JPMorgan for a customer, as
agent, as trustee, in any other representative capacity, or otherwise.

*** JPMorgan did not support (assert) its customers being secured claims in the CDA. Remember, JPMorgan gave $700 million back to LBHI in the CDA for creditor distributions.***

b)“Non-CDA Claims” means any claims filed by JPMorgan for a customer, as
agent, as trustee, in any other representative capacity, or otherwise in respect of which
JPMorgan did not assert in the relevant proofs of claim that such claims were secured by
the collateral posted by LBHI.

*** Now we add the two contracts that made certain (cherry picked) JPMorgan claims secured. ***

c)“Non-CDA Claims” means any claims filed by JPMorgan for a customer, as
agent, as trustee, in any other representative capacity, or otherwise in respect of which
JPMorgan did not assert in the relevant proofs of claim that such claims were secured by
the collateral posted by LBHI pursuant to its August and September 2008 Guaranties and
Security Agreements.

*** JPMorgan would be helping its customers and itself (in favor of JPMorgan) had it asserted our Non-CDA Claims. This definition reads like a breach in fiduciary duty. We still have a motion on the docket in case 11-cv-6760.***

d)“Non-CDA Claims” means any claims filed by JPMorgan for a customer, as
agent, as trustee, in any other representative capacity, or otherwise in respect of which
JPMorgan did not assert in the relevant proofs of claim that such claims were secured by
the collateral posted by LBHI pursuant to its August and September 2008 Guaranties and
Security Agreements in favor of JPMorgan.

***

This settlement agreement will clear the way for Lehman to drop the automatic stay bridge order, LBHI docket 45699.

***

Judge Sullivan's case 11-cv-6760 is still open! Look for an order(s) from Judge Sullivan.

*** CTs Guarantee claim number structure in settlement agreement ***

“Non-CDA Claims” means any claims filed by JPMorgan for a customer, as
agent, as trustee, in any other representative capacity, or otherwise in respect of which
JPMorgan did not assert in the relevant proofs of claim that such claims were secured by
the collateral posted by LBHI pursuant to its August and September 2008 Guaranties and
Security Agreements in favor of JPMorgan.

*** open litigation claims ***

“Excluded Actions” means the LBSF Action, the Tassimo Action, the Other
Objections and the Non-CDA Claims.

[onco]

thank you

[Joe Stocks]

>>JPMorgan is our Guarantee Trustee.<<

Here's the problem Cotton. You don't even know who the guarantee trustee is!

BNY Mellon is the guarantee trustee. JPM got out of the corporate trust business and sold it to BNY.