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Trade Groups Kept Out Of Lehman's $1B Bank Clawback Fight
July 13, 2017
Three financial industry groups were barred from filing amicus briefs Thursday supporting several big banks from which a Lehman Brothers unit seeks to claw back $1 billion in swaps transactions, with a New York federal court saying the bankruptcy appellees are plenty able to argue the case themselves.
Lehman Brothers Special Financing Inc. says “ipso facto” provisions that terminated those swaps when its parent company filed its record-breaking 2008 bankruptcy are unenforceable because the provisions changed Lehman’s rights only because of Lehman's own, subsequent bankruptcy.
Trade Groups Kept Out Of Lehman's $1B Bank Clawback Fight - Law360
July 13, 2017
Three financial industry groups were barred from filing amicus briefs Thursday supporting several big banks from which a Lehman Brothers unit seeks to claw back $1 billion in swaps transactions, with a New York federal court saying the bankruptcy appellees are plenty able to argue the case themselves.
Lehman Brothers Special Financing Inc. says “ipso facto” provisions that terminated those swaps when its parent company filed its record-breaking 2008 bankruptcy are unenforceable because the provisions changed Lehman’s rights only because of Lehman's own, subsequent bankruptcy.
Trade Groups Kept Out Of Lehman's $1B Bank Clawback Fight - Law360