Replies to post #100388 on Lehman Brothers Financial SA (LEHNQ)

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"See 13C C. Wright, A. Miller & E. Cooper, Federal Practice and Procedure §3533.3, p. 2 (3d ed. 2008) (Wright & Miller) (“[A] case is not moot so long as a claim for monetary relief survives”). Ultimate recovery on that demand may be uncertain or even unlikely for any number of reasons, in this case as in others. But that is of no moment. If there is any chance of money changing hands, Mission’s suit remains live. See Chafin, 568 U. S., at 172."

[cottonisking]

Search for "entitled" in the CTs' prospectuses:

Basis: SCOTUS' May 20, 2019 Ruling

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17. The Court also denies the request for injunctive relief requested by the Motion to
Compel with respect to distributions, if any, received by LBHI from its affiliates. First, the Court
has not been made aware of any claim held by the Wossileks against any of LBHI’s foreign or
domestic affiliates;7
according to the Motion to Compel, the Wossileks are preferred shareholders
of the Trusts. The Trusts hold Subordinated Debt Securities issued by LBHI only, not by any
affiliate of LBHI. The Wossileks’ purported investments in the Trusts have nothing to do with
LBHI’s affiliates. Moreover, LBHI has informed the Court that it is not aware of any of its
subsidiaries having made any payments on account of LBHI’s equity or on account of LBHI’s
subordinated claims, nor is LBHI aware of any motivation for any of its subsidiaries to do so. (See
ECF No. 61063 ¶ 9.) The Wossileks’ request for the Court to enjoin LBHI from receiving any
affiliate distributions is unsupported by any basis in fact or law. The Motion to Compel is denied
in its entirety, with prejudice.
18. The 19a Motion. By the 19a Motion, the Wossileks seek to join Rex Wu “as
Plaintiff under 19(a) of the Federal Rules of Civil Procedure” because Mr. Wu and the Wossileks
“share common grievances and arguments and all parties are seeking relief from the court to
require LBHI to file the ‘Covenant Certificates’ . . . .” (19a Motion, 3-4.) The Wossileks submit
that joining Rex Wu as a plaintiff “will allow the court to complete relief” regarding the Motion
to Compel. (19a Motion, 2.)
19. This Court has denied the Motion to Compel; accordingly, the relief sought by the
19a Motion is now moot and is denied on that basis. Even assuming, arguendo, that the Motion
to Compel had not been denied, the Federal Rules of Bankruptcy Procedure (the “Bankruptcy
Rules”) provide an independent basis for denial of the 19a Motion. Part VII of the Bankruptcy
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This Court also has found, supra, that none of the Movants holds a direct claim against LBHI or has an
individual entitlement to an allowed claim against LBHI. See ¶ 9, supra.
08-13555-scc Doc 61352 Filed 11/18/21 Entered 11/18/21 15:36:27 Main Document
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