Securities Investor Protection Corp. v. Lehman Bros.

MEMORANDUM DECISION GRANTING MOTION TO UPHOLD DETERMINATION OF CLAIM BY SIPA TRUSTEE

JAMES M. PECK, Bankruptcy Judge.

Introduction

James W. Giddens, as Trustee (the “Trustee”) for the liquidation of Lehman Brothers Inc. (“LBI”) under the Securities Investor Protection Act (“SIPA”), 15 U.S.C. § 78aaa et seq., has brought a Motion for an order upholding his determination regarding the claim of Fifth Third Structured Large Cap Plus Fund (“Fifth Third”) and expunging Fifth Third’s objection to that determination. The Securities Investor Protection Corporation (“SIPC”) has filed a memorandum of law…