Bank Failure: Lessons from Lehman Brothers

Hardcover | June 15, 2017

EditorDennis Faber, Niels Vermunt

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This new book analyses the legal and practical issues experienced during the Lehman Brothers litigation, the largest and most complex bankruptcy proceedings in history. By examining the issues the work provides a useful reference source for future large scale and cross-border bankruptcyproceedings of multinational groups.The author team includes experts from the various jurisdictions in which Lehman Brothers was operative, many of whom were involved in the litigation. The authors set out practical solutions to the issues faced, concerning, for example, the use of existing payment and settlement systems for consentsolicitation, and filing instructions and insolvency distributions. Economic challenges, such as the valuation of distressed financial instruments, are also considered. Additionally, the book provides a critique of the current law, analysis of the interpretation and scope of core legal principlesand makes recommendations for regulatory reform and judicial cooperation.In this book first-hand accounts by key parties in the insolvency proceedings with expertise on the main issues are complemented by the views of selected independent experts to provide the first complete work on this ground-breaking litigation.

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This new book analyses the legal and practical issues experienced during the Lehman Brothers litigation, the largest and most complex bankruptcy proceedings in history. By examining the issues the work provides a useful reference source for future large scale and cross-border bankruptcyproceedings of multinational groups.The author tea...

Professor Dennis Faber is Professor of Private and Commercial Law at the Business and Law Research Centre, Radboud University of Nijmegen, Senior Adviser with Clifford Chance LLP, Amsterdam, Justice at the Hague Court of Appeal and Series editor of the Oxford International and Comparative Insolvency Law Series. Niels Vermunt is a Senio...

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Format:HardcoverDimensions:392 pagesPublished:June 15, 2017Publisher:Oxford University PressLanguage:English

The following ISBNs are associated with this title:

ISBN - 10:0198755376

ISBN - 13:9780198755371

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Table of Contents

Part I: United StatesDennis Faber and Niels Vermunt: 1. Anton R. Valukas, Robert L. Byman, and Daniel Murray: The Rise and Fall of Lehman Brothers2. Ken Caputo, James W. Giddens, and Christopher K. Kiplok: The Liquidation of the New York Brokerage of Lehman Brothers3. Stephen J. Lubben: Safe Harbor Provisions and the Special Treatment of Financial Contracts4. Thomas M. Mayer: Substantive Consolidation5. Harrison L. Denman: Equitable Subordination in Cross-Border Bankruptcy ProceedingsPart II: United Kingdom6. Hamish Anderson: Extended Liens7. David Ereira: Protection of Client Money in the UK8. Simon Firth: Treatment of Derivatives, Repo and Stock Lending Positions in the Lehman Proceedings9. Sarah Worthington: The Scope and Application of the Anti-Deprivation Rule10. Joanna Benjamin: Reuse and Rehypothecation of Financial CollateralPart III: Europe11. Dennis Faber, Niels Vermunt, Rutger Schimmelpenninck, and Frederic Verhoeven: Consent Solicitation and the Use of a Composition Plan as a Valuation and Distribution Framework12. Gareth J. Davies, Mark Helmantel, Dennis Faber, and Niels Vermunt: Valuation of Distressed Financial Instruments13. Francisco Garcimartin: Treatment of Derivative Claims in Cross-Border Insolvency Proceedings