Lehman Brothers may be dead, but its earthly representatives are challenging the well-established legal precedent of “tap tap, no takebacks” in an effort to extract $10 billion from Barclays.
It seems the Barclays may have used some fancy contractual footwork to get more than Lehman bargained for when the British bank bought the dying bank’s North American assets. Alvarez and Marsal, hired by Lehman to figure out how Barclays wound up shacking up with its wife in addition to running its U.S. businesses, say Barclays pulled a fast one, getting a judge to give the OK to amendments to the preliminary sale contract that opened billion-dollar loopholes.
Barclays says it did nothing wrong–look, a judge said it’s OK. The Lehman lawyers say that the court that approved the preliminary contract had no idea that it was so badly written as to allow Barclays to get the house, the cars and the kids.
Whether or not dead firms can become Indian givers is a matter for the courts. But isn’t there a “no takebacks” clause in the Constitution? Somewhere near the “possession is nine-tenths of the law” rule, which also applies here.
In any event, bravo to Barclays. Even if they have to give the money back, it was a pretty ballsy move.
Lehman seeks $10bn clawback in Barclays suit [FT]
Jon,
I’ve been reading your posts for two days now. To paraphrase Mark Lowe, they are not brilliantly funny, nor do they amuse me….
1- you’re one of those d-bags who has those tiny little wheelie bags aren’t you?
Those Limeys are good with language. They’re truly cunning linguists.
@3:
When I was a kid, I used to like to fish in da lake in Flushing. I was a master baiter.
-cg
In other news….Heath Ledger and David Carradine have filed a $10B class action suit against Greg & Jon for boring them to death.
It is likely to be settled out of court, stay tuned for more.
12D Scent (4)
David Carradine was very well hung.
@6 – fish
Glad I anonymously survived getting my sack caught in the hog oiler long ago. Would hate to be mentioned in the same sentence as Ledger and Kung Foo Carradine.
~Wealthy Country Boy in Omaha
time to bring back an old fav…too long, didn’t read. and what’s with the “no picture?” step.up.your.game.
@9 – only thing worse is gettin yer tongue caught in the combine sheep-shucker. Whoo-doggie, that’ll make ya sweat more-n a whore in church, I’ll tell ya. An’ you can take that to the bank any day o the week – twice on Sundays!
Ghost of Wam Salton
Never swim wit a brown trout. Never. No way. I like dresses.
CG
@8 _D_ _?
Detroit football stadium sold for less than the price of a condo. http://www.detnews.com/article/20091117/METRO/911170327/1411/METRO02/Silverdome-sale-price-disappoints
Our economy is so f’ed up. C’mon make some money people and get this economy going.
@14: odor
Detroit sells its stadium on the cheap. A Toronto company is the buyer.
http://www.detnews.com/article/20091117/METRO/911170327/1411/METRO02/Silverdome-sale-price-disappoints
@16 that’s it, thanks.
@11 That was mildly amusing.
@6 If we solve the NYT crossword puzzle for you, it doesn’t count!
Ok kiddies, if you have something worthy of being on DB, email/txt the dealbreaker tips line, don’t post stuff in the comments everyone already ready today/yesterday/weeks ago.
Regards,
Dealbreaker Commenter Relations Department
15/17=Greg Michaels