Replies to post #111061 on Lehman Brothers Financial SA (LEHNQ)

[cottonisking]

Looking back with more facts on the LBIE vs AGFP case, why did Judge Shelley C. Chapman turn down this case that has plain and simple contract language?

UNITED STATES BANKRUPTCY COURT
SOUTHERN DISTRICT OF NEW YORK
In re:
Lehman Brothers International (Europe) (in
administration),1
Debtor in a Foreign Proceeding.
Chapter 15
Case No. 18-11470 (SCC)
NOTICE OF FILING AND HEARING ON PETITION SEEKING RECOGNITION OF
FOREIGN PROCEEDING AND RELATED RELIEF PURSUANT TO
CHAPTER 15 OF THE UNITED STATES BANKRUPTCY CODE
PLEASE TAKE NOTICE that on May 14, 2018, Russell Downs, in his capacity
as the duly authorized foreign representative (the “Foreign Representative”) of Lehman Brothers
International (Europe) (in administration) (the “Debtor”),2 filed the Chapter 15 Petition for
Recognition of a Foreign Proceeding [Dkt. No. 1] and the Verified Petition Under Chapter 15 for
Recognition of a Foreign Main Proceeding and Related Relief [Dkt. No. 2] (together, the
“Petition”) pursuant to chapter 15 of title 11 of the United States Code (the “Bankruptcy Code”),
with the United States Bankruptcy Court for the Southern District of New York (the “Court”).
PLEASE TAKE FURTHER NOTICE that the Foreign Representative seeks the
entry of an order (a) finding that (i) the Debtor is eligible to be a “debtor” under chapter 15 of the
Bankruptcy Code, (ii) the English Proceeding is a “foreign main proceeding” within the meaning
of section 1502 of the Bankruptcy Code, (iii) the Foreign Representative satisfies the requirements
of a “foreign representative” under section 101(24) of the Bankruptcy Code and (iv) the Petition
was properly filed and meets the requirements of section 1515 of the Bankruptcy Code; (b)
granting recognition of the English Proceeding as a foreign main proceeding under sections 1517
and 1520 of the Bankruptcy Code; (c) granting all relief afforded to foreign main proceedings
under section 1520 of the Bankruptcy Code; (d) recognizing, granting comity to, and giving full
force and effect within the territorial jurisdiction of the United States to the English Proceeding,
the Scheme and the Sanction Order, including giving effect to the releases set forth in the Scheme;
(e) permanently enjoining all parties from commencing or continuing any action or proceeding in
the United States against the Debtor or its assets located within the territorial jurisdiction of the

1
The last four digits of the Debtor’s England and Wales company registration number are 8254. The location
of the Debtor’s registered office is Level 23, 25 Canada Square, London, E14 5LQ, United Kingdom.
2
The Debtor entered administration in the UK on September 15, 2008 (the “Administration”). The Debtor is
now the subject of proceedings (the “English Proceeding”) currently pending before the Chancery Division
(Companies Court) of the High Court of Justice of England and Wales (the “High Court”) concerning a
scheme of arrangement (the “Scheme”)2
under part 26 of the Companies Act 2006 of England and Wales (as
modified, amended or re-enacted from time to time, the “Companies Act”).https://www.pwc.co.uk

PwC UK
https://www.pwc.co.uk › le...PDF
Lehman Brothers International (Europe) (in administration)
May 14, 2018 — ... Chapter 15. Case No. 18-11470 (SCC). NOTICE OF ... Chapman, United States Bankruptcy Judge, One ... AGFP Proceedings” means ongoing litigation ...