The top US court declined to hear an appeal filed by Lehman’s creditors, leaving intact an August 2014 ruling by the 2nd US Circuit Court of Appeals in New York that went in favour of Barclays. Barclays already had control of $3.5bn of the disputed $4bn.
Trustee James Giddens has been seeking to recoup money for the brokerage’s creditors, including Lehman affiliates and hedge funds. Lehman had been Wall Street’s fourth-largest investment bank. It had $639bn of assets when it filed for Chapter 11 protection on September 15, 2008, making its bankruptcy by far the biggest in US history.
Barclays won court approval to buy much of Lehman’s brokerage business at a September 19, 2008, hearing overseen by US Bankruptcy Judge James Peck in Manhattan.
A dispute remained, however, over how to dispose of various “cash” assets of the brokerage. These included the $4bn of margin assets held by third parties to support a Lehman exchange-traded derivatives business.
Also in dispute was $1.9bn of “clearance box” assets used to process securities trades, although that was not part of the Supreme Court appeal.
In February 2011, Judge Peck said Barclays was entitled to the clearance box assets but not the margin assets. However, in July 2012, US District Judge Katherine Forrest in Manhattan partially reversed him, and said Barclays deserved both. The appeals court upheld that decision.
“We are disappointed but remain focused on continued progress in winding-down and closing out” the Lehman Brothers estate, said Kent Jarrell, a spokesman for Mr Giddens. “The trustee appropriately reserved for the Barclays litigation, so the decision does not impact distributions already completed or assets on hand for potential additional distributions to unsecured general creditors.”