Es geht hier zwar nur um 70 Milliarden U$-Dollares; dennoch bleibt auch dieser Rechts-Streit weiterhin spannend, da er uns daran erinnert, wie sich unsere LEHMAN Brothers gegen die Bank of America (BofA) wie auch gegen BARCLAYS durchgesetzt haben:
March 8, 2011, 10:21 AM ET The Daily Docket: Lehman Fires Back At ISDA By Patrick FITZGERALD, citing Eric MORATH:
"LEHMAN Brothers Holdings Inc. fired back at the International Swaps and Derivatives Association, the derivatives-industry trade group which recently voiced its support for J.P. Morgan CHASE & Co. in a $70 billion legal battle between the two banks.
In court papers filed Friday with the U.S. Bankruptcy Court in Manhattan, Lehman questioned ISDA's support for the country's second-largest bank in a fight over billions of dollars in additional assets that Lehman posted as collateral with J.P. Morgan as the failed investment bank's financial condition worsened in 2008.
Lehman is trying to wrest back the $8.6 billion in additional collateral that J.P. Morgan, Lehman's main clearing bank, demanded from Lehman in the bank's final days as it teetered near collapse.
The ISDA, as well as the Securities Industry and Financial Markets Association, are backing J.P. Morgan's position that the collateral demands were justified, given the bank's exposure to a Lehman collapse.
However, Lehman said the two financial-industry trade groups are "hardly" disinterested parties but rather are explicit "ADVOCATES" for J.P. Morgan.
The groups are asking the court to interpret the Bankruptcy Code in a way that "would sanction J.P. Morgan's egregious conduct, with no attendant benefit to market participants that play by the rules," lawyers for Lehman said in court papers.
Lehman has said the collateral demand is among the transactions that can be undone in bankruptcy, while J.P. Morgan claims that safe-harbor provisions of the Bankruptcy Code allow it to keep the assets"...
SOURCE / LINK / QUELLE dieses Ausschnitts: http://blogs.wsj.com/bankruptcy/2011/03/08/...hman-fires-back-at-isda ----------- Den Vorhang AUF, der Krimi geht weiter... |