Judge Approves Lehman Liquidation Plan

US bankruptcy court judge James Peck in Manhattan has given his nod of approval for Lehman Brothers to send its liquidation plan to creditors.

(August 31, 2011) — A Federal bankruptcy judge has approved a plan for Lehman Brothers Holdings to send its liquidation plan to creditors for a vote.

The approval by Judge James Peck of the federal bankruptcy court in Manhattan is a major step toward liquidating the failed investment bank, ending its bankruptcy and paying off creditors as soon as early next year, about three years after its Chapter 11 filing.

Lehman CEO Bryan Marsal has said he plans to raise as much as $65 billion to pay claims, Bloomberg reported. Total claims will come to about $360 billion, Harvey Miller, Lehman’s bankruptcy attorney, said at Tuesday’s hearing.

Earlier this month, court documents showed that Lehman executives, including former Chairman Richard Fuld, are seeking the release of $90 million in insurance funds to settle a potential multibillion-dollar lawsuit brought by shareholders. According to a filing in US Bankruptcy Court in Manhattan, investors blamed Lehman officers and directors for losses on Lehman stock and options from June 12, 2007, to September 15, 2008, Bloomberg has reported. The pending settlement would end a class-action suit that began in June 2008.

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Additionally, the Securities and Exchange Commission (SEC) and the Justice Department are currently looking into the bank’s disclosures and its use of Repo 105 transactions – repurchase agreements that allowed short-term loans to appear as sales.

According to the court filing, while the insurance companies have agreed to the terms of the settlement, it will also need to be approved by a US District Court judge overseeing the class-action litigation. Among the plaintiffs that will receive money, according to the Financial Times, are the Alameda County Employees’ Retirement Association, the Government of Guam Retirement Fund and the City of Edinburgh Council as administering authority of the Lothian Pension Fund.



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

Testimony Claims Gundlach Discussed PIMCO, WAMCO Offers

Recent court testimony claims bond fund star Jeffrey Gundlach spent his last months at the company claiming he had job offers from PIMCO and Western Asset Management.

(August 31, 2011) — Bond fund star Jeffrey Gundlach had allegedly been in discussions to leave Trust Company of the West (TCW) to succeed Pacific Investment Management Co.’s (PIMCO) Bill Gross, court testimony has revealed.

“He had been in conversations with PIMCO about joining them,” said Roger Brossy, a consultant who worked with Gundlach in 2009, Reuters reported. Meanwhile, testimony from TCW’s Michael Conn described a summer 2009 meeting when Gundlach claimed PIMCO would “love to have him.”

Gundlach, formerly the fixed-income guru at asset-management company TCW, has been accused by the firm of stealing its system for evaluating bonds to set up a rival money-management business, DoubleLine Capital, whose Total Return Bond Fund has reached $10 billion in assets under management, just 16 months after its launch in April 2010.

The Los Angeles Times reported that under questioning by his own attorneys, Gundlach — who was fired from TCW in December 2009 — asserted that his previous employer’s system for evaluating complex bonds used “the same data everyone else looked at.” Furthermore, he asserted that DoubleLine was built from scratch, with the computer software and data systems purchased from a third-party vendor.

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In a countersuit, Gundlach has accused TCW of firing him to avoid paying him a hefty chunk of promised income, and said that concerns over being fired drove him to develop a backup plan to stat his own money management firm.



To contact the <em>aiCIO</em> editor of this story: Paula Vasan at <a href='mailto:pvasan@assetinternational.com'>pvasan@assetinternational.com</a>; 646-308-2742

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