Replies to post #105560 on Lehman Brothers Financial SA (LEHNQ)

[Joe Stocks]

I know you asked Mellowbird but to save sometime...
From the modified plan.

10.2 Purpose of the Liquidating Trust. Each Liquidating Trust shall be established for the sole purpose of liquidating and distributing the assets of the Debtor contributed to such Liquidating Trust in accordance with Treas. Reg. § 301.7701-4(d), with no objective to continue or engage in the conduct of a trade or business.

Do you know the word 'liquidate' or 'liquidation' is used in the modified plan 946 times!
And not once is the word 'reorganization' or anything close to it used.

There is this;

7.5 Corporate Existence. After the Effective Date, the Plan Administrator may decide to (a) maintain each Debtor as a corporation in good standing until such time as all aspects of the Plan pertaining to such Debtor have been completed, or (b) at such time as the Plan Administrator considers appropriate and consistent with the implementation of the Plan pertaining to such Debtor, dissolve such Debtor and complete the winding up of such Debtor without the necessity for any other or further actions to be taken

And this:

7.6 Wind-Down. After the Effective Date, pursuant to the Plan, the Plan Administrator shall wind-down, sell and otherwise liquidate assets of the Debtors and/or Debtor-Controlled Entities in accordance with Section 6.1(b)(iii) of the Plan.

.

No hint of anything but liquidation.

[mellowbird]

I see Joe Stocks already answered as I would have. Actually he dug out more quotes from the plan than I had in mind.

It's a chapter 11 liquidation, not a reorganization. To the extent that 15.2 optionally permits the creation of new entities, I see this as CYA language to permit the debtor to do more or less anything to maximize the value obtained in liquidation. Just as my ESOP and other ERISA plans permitted me to do things I never did/will do.