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Andrew V. Tenzer, a partner at Shearman & Sterling, and Carl B. McCarthy, an associate at the firm, write: The Chapter 11 bankruptcy case of Lehman Brothers Holdings Inc. and affiliated entities, and the parallel liquidation proceedings of Lehman Brothers Inc. under Securities Investor Protection Act, have generated a number of interesting experiences for bankruptcy practitioners. Novel financial arrangements such as derivatives and prime brokerage accounts have tested application of law where Congress anticipated their central importance, such as in respect of derivatives safe harbors, or have indicated possible shortcomings in pre-bankruptcy documentation because of limitations in the way the bankruptcy framework specifically addresses (or fails to address) such arrangements, as has been the case of prime brokerage accounts.
March 02, 2009 at 12:00 AM
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