This is a reminder that entities wishing to file proofs of claim for pre-petition claims against Lehman Brothers and its affiliated debtors1 in their chapter 11 cases must do so by September 22, 2009, at 5:00 p.m. Eastern time. Proofs of claim must be filed so as to be actually received by the deadline at the following addresses:
If by overnight mail or hand delivery:
Epiq Bankruptcy Solutions, LLC
Attn: Lehman Brothers Holdings Claims Processing
757 Third Avenue, 3rd Floor
New York, New York 10017
If by first-class mail:
Lehman Brothers Holdings Claims Processing
c/o Epiq Bankruptcy Solutions, LLC
FDR Station, P.O. Box 5076
New York, New York 10150-5076
The following entities do NOT need to file a proof of claim:
1. Holders of interests in Lehman Brothers, whose claims are based exclusively upon the ownership of common or preferred stock, membership interests, partnership interests, or warrants or right to purchase, sell or subscribe such a security or interest do not need to file proofs of claim, unless such holders wish to assert claims (rather than ownership interests) against Lehman Brothers.
2. Holders of securities listed on the Master List of Securities, available at www.lehman-docket.com, do not need to file proofs of claim, because the indenture trustee for such securities will file a global proof of claim on behalf of all holders of those securities, unless such holders wish to assert claims against Lehman Brothers arising out of or relating to the sale, issuance, or distribution of such securities.
3. Exempt entities listed on the Exempt Entities List on the Lehman Brothers website do not need to file proofs of claim.
Entities filing proofs of claim that are based on amounts owed pursuant to a derivative contract or based on a guarantee of Lehman Brothers are required to take certain additional steps. Those claimants also must file proofs of claim by the deadline. Claimants that receive creditor-specific proofs of claim containing a unique identification number and that are asserting claims based on a derivative contract and/or a guarantee must then log on to the Lehman Brothers website at www.lehman-claims.com and complete the appropriate derivative and/or guarantee online questionnaire. Those claimants that do not file creditor-specific proofs of claim will receive unique identification numbers once their proofs of claim (indicating on the proof of claim form that the claim is based on a derivative contract and/or a guarantee) have been filed. The deadline for completing out the online derivative and/or guarantee questionnaire is October 22, 2009 at 5:00 p.m. Eastern time.
Herrick is ready to assist you in determining whether you need to file a proof of claim, and with preparing your proof of claim and supporting documents if necessary. For more information please contact: Paul Rubin at (212) 592-1448 or firstname.lastname@example.org.
Copyright © 2009 Herrick, Feinstein LLP. This alert is published by Herrick, Feinstein LLP for information purposes only. Nothing contained herein is intended to serve as legal advice or counsel or as an opinion of the firm.
(1) The Lehman Brothers bankruptcy cases are jointly administered in the United States Bankruptcy Court for the Southern District of New York under case number 08-13555. The Lehman Brothers debtors are as follows: Lehman Brothers Holdings, Inc.; LB 745 LLC; PAMI Statler Arms LLC; Lehman Brothers Commodity Services Inc.; Lehman Brothers Special Financing Inc.; Lehman Brothers OTC Derivatives Inc.; Lehman Brothers Derivatives Products Inc.; Lehman Commercial Paper Inc.; Lehman Brothers Commercial Corporation; Lehman Brothers Financial Products Inc.; Lehman Scottish Finance L.P.; CES Aviation LLC; CES Aviation V LLC; CES Aviation IX LLC; East Dover Limited; Luxembourg Residential Properties Loan Finance S.a.r.l.; BNC Mortgage LLC; Structured Asset Securities Corporation; LB Rose Ranch LLC; and LB 2080 Kalakaua Owners LLC.