Legal Opinion

In re Lehman Bros.

United States Bankruptcy Court, S.D. New York

Decided July 10, 2012No. 08-01420(JMP)(SIPA)PublishedCited by 2 opinions

1Opinion of the Court

MEMORANDUM DECISION CONFIRMING THE TRUSTEE’S DETERMINATION OF CLAIMS RELATING TO SOFT DOLLAR COMMISSION CREDITS

JAMES M. PECK, Bankruptcy Judge.

Introduction

This is the first time that any court has been asked to decide the question of whether so-called “soft dollar” claims qualify for treatment as customer claims under the Securities Investor Protection Act of 1970, 15 U.S.C. § 78aaa et seq., as amended (“SIPA”). As explained in this decision, they do not.

James W. Giddens (the “Trustee”), as trustee for the liquidation of Lehman Brothers Inc. (“LBI”) under SIPA, with the support of the…

2Cases cited11 opinions

In Re Stalvey & Associates, Inc.Court of Appeals for the Fifth Circuit · 1985
Ahammed v. Securities Investor Protection Corp. (In re Primeline Securities Corp.)Court of Appeals for the Tenth Circuit · 2002
In Re MV Securities, Inc.United States Bankruptcy Court, S.D. New York · 1985
Mishkin v. Siclari (In Re Adler, Coleman Clearing Corp.)United States Bankruptcy Court, S.D. New York · 2002
In Re Adler Coleman Clearing Corp.United States Bankruptcy Court, S.D. New York · 1996

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3Cited by2 opinions

In re MF Global Inc.United States Bankruptcy Court, S.D. New York · 2013
In re MF Global Inc.United States Bankruptcy Court, S.D. New York · 2013