Replies to post #68043 on Lehman Brothers Financial SA (LEHNQ)

[inesdefilia]

Joe Stocks Member Level Saturday, 01/30/16 10:48:41 AM
Re: camaro4me post# 64547
Post #
64556
of 68044 Go
Camaro, Item 95 is just a filing of the "letter" from Cotton. If his request was allowed it would show as an "Order". Cotton after being turned down should have filed a "motion". The court gave cotton a "bye" on the first letter by interpreting as a "motion". Highly unlikely the court would give him another pass for simply writing another letter. There is no Order filed for cotton approving his intervention. There was a response from JPM attorneys after the first letter showing up on the court docket telling Cotton that he misconstrued the claim and that he should seek counsel or speak to the trustee for the security.

Here the key point, and I read Cotton's second letter. Cotton did not provide any fact that would support the motion for intervention by rule of law showing that he is or should be a party to the action.


LETTER addressed to Judge Richard J. Sullivan from Rickey Gregory, dated 11/6/14 re: MOTION FOR INTERVENTION: UNDER RULE 24, UPON THE COURT'S PERMISSION. (sc)


92 Filed: 11/3/2014, Entered: 11/4/2014 OrderCourt Filing
ORDER: The Court is in receipt of a letter from Mr. Rickey Gregory, dated October 23, 2014, requesting that the Court "add" him as a party to this action. (Doc. No. 86.) The Court interprets this request as a motion for intervention pursuant to Federal Rule of Civil Procedure 24. However, Mr. Gregory has made no showing as to why he should be permitted to intervene under Rule 24, either as of right or upon the Court's permission, and the Court is not aware of any fact that would support the motion. Accordingly, IT IS HEREBY ORDERED THAT Mr. Gregory's request is DENIED. (Signed by Judge Richard J. Sullivan on 11/3/2014) Copies Sent by Chambers. (mro)

[cottonisking]

From Cool hand Luke, "boss, I got my mind right."

Luke, I got my mind right too... "dismiss with prejudice", boss, cause I never want to see these parent level guaranties at issue
in the Avoidance Action again in this lifetime. Cause we may pay the LBHI TRuPS out of our cash pool by merely talking about this issue in front of a judge. Remember, we are codebtors dammit! LWOWL

****

08-13555-scc Doc 51904 Filed 01/25/16 Entered 01/25/16 17:57:31 Main Document

NOTICE OF MOTION OF LEHMAN BROTHERS HOLDINGS INC. AND OFFICIAL
COMMITTEE OF UNSECURED CREDITORS, PURSUANT TO FED. R. BANKR. P.
9019 AND 11 U.S.C. § 105(A), FOR ENTRY OF ORDER APPROVING
SETTLEMENT AGREEMENT WITH JPMORGAN CHASE BANK, N.A. AND
CERTAIN OF ITS AFFILIATES WITH RESPECT TO AVOIDANCE ACTION AND
DERIVATIVES CLAIMS OBJECTIONS AND GRANTING RELATED RELIEF

***

"The Settlement will enable additional creditor distributions of approximately $1.496 billion.
Specifically,
• Avoidance Action. LBHI and JPMCB will dismiss with prejudice their respective
claims and counterclaims that are the subject of that litigation, including any potential
constructive fraudulent conveyance claims that were or could be asserted by
individual creditors (the “SLCFC Claims”). The Parties’ agreement to toll the
applicable statutes of limitation relating to the SLCFC Claims shall be terminated.
JPMCB will release its counterclaims, including its post-petition fraudulent
inducement claim and purportedly secured indemnification claim, which
indemnification claim has been asserted in a substantial amount."
***

"14 “Non-CDA Claims” refers to 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 the parent level guaranties at issue
in the Avoidance Action."

***

"“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."