EX-99.1 2 a09-15877_1ex99d1.htm EX-99.1

Exhibit 99.1

 

UNITED STATES BANKRUPTCY COURT

 

SOUTHERN DISTRICT OF NEW YORK

 

In re:

 

Chapter 11 Case No.

 

 

 

Lehman Brothers Holdings Inc., et al.,

 

08-13555

 

 

 

 

 

 

Debtors.

 

 

 

MONTHLY OPERATING REPORT

 

SELECTED DEBTOR BALANCE SHEETS

SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS

SCHEDULE OF PROFESSIONAL FEE DISBURSEMENTS

 

DEBTORS’ ADDRESS:

 

LEHMAN BROTHERS HOLDINGS INC.

 

 

c/o WILLIAM J. FOX

 

 

1271 AVENUE OF THE AMERICAS

 

 

35th FLOOR

 

 

NEW YORK, NY 10020

 

 

 

DEBTORS’ ATTORNEYS:

 

WEIL, GOTSHAL & MANGES LLP

 

 

c/o SHAI WAISMAN

 

 

767 FIFTH AVENUE

 

 

NEW YORK, NY 10153

 

 

 

REPORT PREPARER:

 

LEHMAN BROTHERS HOLDINGS INC., A DEBTOR IN POSSESSION (IN THE SOUTHERN DISTRICT OF NEW YORK)

 

THIS OPERATING STATEMENT MUST BE SIGNED BY A REPRESENTATIVE OF THE DEBTOR

 

The undersigned, having reviewed the attached report and being familiar with the Debtors’ financial affairs, verifies under penalty of perjury, that the information contained therein is complete, accurate and truthful to the best of my knowledge.

 

 

 

Lehman Brothers Holdings Inc.

 

 

 

 

By:

/s/ William J. Fox

 

 

William J. Fox

 

 

Executive Vice President

 

Indicate if this is an amended statement by checking here:          AMENDED STATEMENT ____

 



 

TABLE OF CONTENTS

 

Schedule of Debtors

3

 

 

Lehman Commercial Paper Inc.

 

Basis of Presentation

4

Balance Sheet

5

 

 

Lehman Brothers Special Financing Inc.

 

Basis of Presentation

6

Balance Sheet

8

 

 

BNC Mortgage

 

Basis of Presentation

9

Balance Sheet

10

 

 

LBHI and Debtor Subsidiaries

 

Basis of Presentation — Schedule of Cash Receipts and Disbursements

11

Schedule of Cash Receipts and Disbursements - April

12

 

 

LBHI

 

Basis of Presentation — Schedule of Professional Fee Disbursements

13

Schedule of Professional Fee Disbursements

14

 

2



 

SCHEDULE OF DEBTORS

 

The following entities have filed for bankruptcy in the Southern District of New York:

 

 

 

Case No.

 

Date Filed

Lead Debtor:

 

 

 

 

Lehman Brothers Holdings Inc. (“LBHI”)

 

08-13555

 

9/15/2008

 

 

 

 

 

Related Debtors:

 

 

 

 

LB 745 LLC

 

08-13600

 

9/16/2008

PAMI Statler Arms LLC(1)

 

08-13664

 

9/23/2008

Lehman Brothers Commodity Services Inc.

 

08-13885

 

10/3/2008

Lehman Brothers Finance SA(2)

 

08-13887

 

10/3/2008

Lehman Brothers Special Financing Inc.

 

08-13888

 

10/3/2008

Lehman Brothers OTC Derivatives Inc.

 

08-13893

 

10/3/2008

Lehman Brothers Derivative Products Inc.

 

08-13899

 

10/5/2008

Lehman Commercial Paper Inc.

 

08-13900

 

10/5/2008

Lehman Brothers Commercial Corporation

 

08-13901

 

10/5/2008

Lehman Brothers Financial Products Inc.

 

08-13902

 

10/5/2008

Fundo de Investimento Multimercado Credito Privado Navigator Investimento(3)

 

08-13903

 

10/5/2008

Lehman Scottish Finance L.P.

 

08-13904

 

10/5/2008

CES Aviation LLC

 

08-13905

 

10/5/2008

CES Aviation V LLC

 

08-13906

 

10/5/2008

CES Aviation IX LLC

 

08-13907

 

10/5/2008

East Dover Limited

 

08-13908

 

10/5/2008

Luxembourg Residential Properties Loan Finance S.a.r.l

 

09-10108

 

1/7/2009

BNC Mortgage LLC

 

09-10137

 

1/9/2009

LB Rose Ranch LLC

 

09-10560

 

2/9/2009

Structured Asset Securities Corporation

 

09-10558

 

2/9/2009

LB 2080 Kalakaua Owners LLC

 

09-12516

 

4/23/2009

 


(1)

 

On May 26, 2009, a motion was filed on behalf of Lehman Brothers Holdings Inc. seeking entry of an order pursuant to Section 1112(b) of the Bankruptcy Code to dismiss the Chapter 11 Case of PAMI Statler Arms LLC, with a hearing to be held on June 24, 2009

 

 

 

(2)

 

On February 15, 2009, the Bankruptcy Liquidator and putative foreign representative for this entity, filed a Chapter 15 Petition seeking the dismissal of the Chapter 11 case

 

 

 

(3)

 

Motion was granted on February 24, 2009 to dismiss the Chapter 11 case of this entity

 

3



 

LEHMAN COMMERCIAL PAPER INC.

 

BASIS OF PRESENTATION

BALANCE SHEET - MONTHLY OPERATING REPORT (“MOR”)

DATED AS OF OCTOBER 2, 2008

 

The information and data included in this report are derived from sources available to Lehman Commercial Paper Inc. (the “Company” or the “Debtor”), a subsidiary of Lehman Brothers Holdings Inc. (“LBHI”), which has filed protection under Chapter 11 of the Bankruptcy Code along with LBHI and certain of its subsidiaries (collectively, the “Debtors”).  The Debtors’ Chapter 11 cases have been consolidated for procedural purposes only and are being jointly administered pursuant to Rule 101(b) of the Federal Rules of Bankruptcy Procedure. The Company has prepared this presentation, as required by the Office of the United States Trustee, based on the information available to the Company at this time, but note that such information may be incomplete and may be materially deficient in certain respects.  This MOR is not meant to be relied upon as a complete description of the Company, its business, condition (financial or otherwise), results of operations, prospects, assets or liabilities. The Company reserves all rights to revise this report.

 

1.              This MOR is not prepared in accordance with U.S. generally accepted accounting principles (GAAP). This MOR should be read in conjunction with previously filed financial statements and accompanying notes in the LBHI’s annual and quarterly reports that are filed with the United States Securities and Exchange Commission.  The MOR does not comply with GAAP and certain, but not all, of the deviations from GAAP and certain other disclosures are listed below:

 

a.               This MOR does not reflect normal quarterly adjustments that were generally recorded by the Company upon review of major accounts prior to the end of each quarterly accounting period.

b.              All information is as of October 2, 2008, unless otherwise indicated.

c.               This MOR does not include explanatory footnotes such as disclosures required under GAAP.

d.              This MOR is not presented in a GAAP-based SEC reporting format.

e.               Certain items presented in this MOR are under research and may be accounted for differently in future monthly reports. Accordingly, the financial information herein is subject to change and any such change could be material.

f.                 Cash and restricted cash includes amounts related to pledged assets of an affiliate that may not belong to the Debtor.  Such amounts associated with pledged assets are not determinable at this time.

g.              Securities and financial instruments owned primarily includes asset-backed securities and corporate debt and are reported at fair value as of September 30, 2008 or in some cases, as of the last valuation recorded by the Company prior to the LBHI bankruptcy filing where a fair value was unable to be determined. Fair value is determined by utilizing observable prices or pricing models utilizing a series of inputs to determine the present value of future cash flows.

h.              The Company entered into securitization and financing activities with third parties and affiliates where an event of default has occurred. Such events of default include breach of collateralization ratio, failure to pay interest, failure to repurchase assets on the specified date, or LBHI’s bankruptcy. This MOR reflects these securitizations and financings as a net receivable or payable after offsetting the respective securities inventory collateral.

i.                  Receivables from affiliates and payables to affiliates generally consist of intercompany receivables and payables derived from the normal course of business.

j.                  This MOR does not reflect an estimate of costs incurred, including certain administrative services and bankruptcy related costs, which will be allocated to the Company in future monthly reports.

 

2.              This MOR is not audited and will not be subject to audit or review by the Company’s external auditors at any time in the future.

 

3.              This MOR has not been adjusted to reflect realizable values of assets. Accordingly, future monthly reports may reflect further adjustments to the assets.

 

4



 

LEHMAN COMMERCIAL PAPER INC.

 

Balance Sheet  (Unaudited)

 

October 2, 2008

(in millions)

 

Assets

 

 

 

Cash and restricted cash

 

$

500

 

Securities and financial instruments owned

 

5,805

 

Receivables from affiliates

 

15,902

 

Investments in subsidiaries and other assets

 

2,861

 

 

 

 

 

Total Assets

 

$

25,068

 

 

 

 

 

Liabilities and Stockholder’s Equity (Deficit)

 

 

 

Payables

 

$

399

 

Payables to affiliates

 

25,729

 

Total Liabilities

 

26,128

 

 

 

 

 

Total Stockholder’s Equity (Deficit)

 

(1,060

)

 

 

 

 

Total Liabilities and Stockholder’s Equity (Deficit)

 

$

25,068

 

 

5



 

LEHMAN BROTHERS SPECIAL FINANCING INC.

 

BASIS OF PRESENTATION

BALANCE SHEET - MONTHLY OPERATING REPORT (“MOR”)

DATED AS OF OCTOBER 2, 2008

 

The information and data included in this report are derived from sources available to Lehman Brothers Special Financing Inc. (the “Company” or the “Debtor”), a subsidiary of Lehman Brothers Holdings Inc. (“LBHI”), which has filed protection under Chapter 11 of the Bankruptcy Code along with LBHI and certain of its subsidiaries (collectively, the “Debtors”).  The Debtors’ Chapter 11 cases have been consolidated for procedural purposes only and are being jointly administered pursuant to Rule 101(b) of the Federal Rules of Bankruptcy Procedure. The Company has prepared this presentation, as required by the Office of the United States Trustee, based on the information available to the Company at this time, but note that such information may be incomplete and may be materially deficient in certain respects.  This MOR is not meant to be relied upon as a complete description of the Company, its business, condition (financial or otherwise), results of operations, prospects, assets or liabilities. The Company reserves all rights to revise this report.

 

1.              This MOR is not prepared in accordance with U.S. generally accepted accounting principles (GAAP). This MOR should be read in conjunction with previously filed financial statements and accompanying notes in the LBHI’s annual and quarterly reports that are filed with the United States Securities and Exchange Commission.  The MOR does not comply with GAAP and certain, but not all, of the deviations from GAAP are listed below:

 

a.               This MOR does not reflect normal quarterly adjustments that were generally recorded by the Company upon review of major accounts prior to the end of each quarterly accounting period.

b.              All information is as of October 2, 2008, unless otherwise indicated.

c.               This MOR does not include explanatory footnotes such as disclosures required under GAAP.

d.              This MOR is not presented in a GAAP-based SEC reporting format.

e.               Certain items presented in this MOR are under research and may be accounted for differently in future monthly reports. Accordingly, the financial information herein is subject to change and any such change could be material.

f.                 Fair value is determined by utilizing observable prices or pricing models utilizing a series of inputs to determine the present value of future cash flows.

g.              Derivative related assets and derivative related liabilities represents amounts due from or to counterparties related to matured, terminated and open trades and are recorded at fair value net of cash and securities collateral received and net of valuation reserves as recorded in the books as of September 14, 2008. The Company determined the fair value for derivative related assets and liabilities as follows: (1) utilized the fair values as of September 30, 2008 for trades open as of September 30, 2008, (2) utilized the fair values at the date of maturity or termination where the counterparty notified the Company prior to September 30, 2008, or (3) utilized the last valuation recorded by the Company prior to the LBHI bankruptcy filing where a fair value was unable to be determined or for counterparties generally with more than 1,000 trades outstanding as of September 14, 2008. Derivative related assets do not reflect value impairment that may result from final resolution with certain Special Purpose Vehicles.

h.              Receivables from affiliates and Payables to affiliates consist of derivative contracts recorded at fair value in the Company’s records on September 14, 2008 and other intercompany receivables and payables derived from the normal course of business. Certain derivative contracts with Affiliates have been terminated subsequent to September 14, 2008.

i.                  The Company entered into financing activities with affiliates, all of which are currently in default. This MOR reflects these financing activities as a net receivable or payable after offsetting the respective securities inventory collateral.

j.                  This MOR does not reflect an estimate of costs incurred, including certain administrative services and bankruptcy related costs, will be allocated to the Company in future monthly reports.

 

2.              This MOR is not audited and will not be subject to audit or review by the Company’s external auditors at any time in the future.

 

6



 

3.              This MOR has not been adjusted to reflect realizable value of assets or liquidation amounts of liabilities which may differ from amounts recorded. Accordingly, future monthly reports may reflect further adjustments to the assets and liabilities.

 

7



 

LEHMAN BROTHERS SPECIAL FINANCING INC.

 

Balance Sheet  (Unaudited)

 

October 2, 2008

(in millions)

 

Assets

 

 

 

Cash restricted, segregated and on deposit

 

$

612

 

Securities and financial instruments owned

 

752

 

Derivative assets from customers

 

21,631

 

Receivables from affiliates

 

22,854

 

Investments in subsidiaries and other assets

 

2,701

 

 

 

 

 

Total Assets

 

$

48,550

 

 

 

 

 

Liabilities and Stockholder's Equity

 

 

 

Derivative liabilities to customers

 

$

11,932

 

Payables

 

340

 

Payables to affiliates

 

34,181

 

Total Liabilities

 

46,453

 

 

 

 

 

Total Stockholder's Equity

 

2,097

 

 

 

 

 

Total Liabilities and Stockholder's Equity

 

$

48,550

 

 

8



 

BNC MORTGAGE LLC

 

BASIS OF PRESENTATION

BALANCE SHEET - MONTHLY OPERATING REPORT (“MOR”)

DATED AS OF JANUARY 8, 2009

 

The information and data included in this report are derived from sources available to BNC Mortgage LLC (the “Company”) which has filed protection under Chapter 11 of the Bankruptcy Code along with Lehman Brothers Holdings Inc. (“LBHI”) and certain of its subsidiaries (collectively, the “Debtors”).  The Debtors’ Chapter 11 cases have been consolidated for procedural purposes only and are being jointly administered pursuant to Rule 101(b) of the Federal Rules of Bankruptcy Procedure. The Company has prepared this presentation, as required by the Office of the United States Trustee, based on the information available to the Company at this time, but notes that such information may be incomplete and may be materially deficient in certain respects.  This MOR is not meant to be relied upon as a complete description of the Company, its businesses, condition (financial or otherwise), results of operations, prospects, assets or liabilities. The Company reserves all rights to revise this report.

 

1.              This MOR is not prepared in accordance with U.S. generally accepted accounting principles (GAAP). This MOR should be read in conjunction with previously filed financial statements and accompanying notes in LBHI’s annual and quarterly reports that were filed with the United States Securities and Exchange Commission.  The MOR does not comply with GAAP and certain, but not all, of the deviations from GAAP are listed below:

 

a.              This MOR does not reflect normal quarterly adjustments that are generally recorded by the Company upon review of major accounts prior to the end of each quarterly accounting period.

 

b.             All information is as of January 8, 2009, unless otherwise indicated.

 

c.              This MOR does not include explanatory footnotes such as disclosures required under GAAP.

 

d.             This MOR is not presented in a GAAP-based SEC reporting format.

 

e.              Certain items presented in this MOR are under research and may be accounted for differently in future monthly reports. Accordingly, the financial information herein is subject to change and any such change could be material.

 

f.                Other payables consists primarily of reserves for discontinued operations and for claims which might arise from loans sold by the Company with certain representations and warranties. The amounts recorded as a payable for representations and warranties claims might not be sufficient to pay all potential claims.

 

g.             This MOR does not reflect an estimate of costs incurred, including certain administrative services and bankruptcy related costs, which will be allocated to the Company in future monthly reports.

 

2.              This MOR is not audited and will not be subject to audit or review by the Company’s external auditors at any time in the future.

 

9



 

BNC MORTGAGE LLC

 

Balance Sheet (Unaudited)

 

January 8, 2009

(in thousands)

 

Assets

 

 

 

Cash

 

$

2

 

Due from affiliates

 

17,649

 

Other assets

 

443

 

Total Assets

 

$

18,094

 

 

 

 

 

Liabilities and Stockholder’s Equity (Deficit)

 

 

 

Payables to affiliates

 

$

2,567

 

Other payables

 

15,673

 

Total Liabilities

 

18,240

 

 

 

 

 

Total Stockholder’s Equity (Deficit)

 

(146

)

 

 

 

 

Total Liabilities and Stockholder’s Equity (Deficit)

 

$

18,094

 

 

10



 

LEHMAN BROTHERS HOLDINGS INC., (“LBHI”), AND OTHER DEBTOR SUBSIDIARIES

 

BASIS OF PRESENTATION

SCHEDULE OF CASH RECEIPTS AND DISBURSEMENTS

DATED FROM APRIL 1, 2009 TO APRIL 30, 2009

 

The information and data included in this Report are derived from sources available to Lehman Brothers Holdings Inc. (the “Company”) and its other subsidiaries that have filed proceedings under Chapter 11 of the Bankruptcy Code (collectively, the “Debtors” or the “Estate”).  The Debtors’ Chapter 11 cases have been consolidated for procedural purposes only and are being jointly administered pursuant to Rule 101(b) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). The Debtors have prepared this presentation, as required by the Office of the United States Trustee, based on the information available to The Debtors at this time, but note that such information may be incomplete and may be materially deficient in certain respects.  This MOR is not meant to be relied upon as a complete description of the Debtors, their business, condition (financial or otherwise), results of operations, prospects, assets or liabilities. The Debtors reserve all rights to revise this report.

 

1.              This MOR is not prepared in accordance with U.S. generally accepted accounting principles (GAAP). This MOR should be read in conjunction with the financial statements and accompanying notes in the Company’s annual and quarterly reports that were filed with the United States Securities and Exchange Commission.

 

2.              This MOR is not audited and will not be subject to audit or review by the Company’s external auditors at any time in the future.

 

3.              The cash flows presented in this report only include activity for bank accounts that are managed and reconciled by Lehman North American operations.  Cash flows related to the Debtors’ bank accounts that were previously managed and reconciled by Lehman European and Asian operations are excluded from this report.

 

4.              The beginning and ending balances include cash in demand-deposit accounts (DDA), money-market funds (MMF), and other short-term investments.

 

5.              Intercompany transfers between Lehman entities are listed as disbursements for the paying entity and receipts for the receiving entity.

 

6.              The following Debtors have not been included as Debtors in this MOR Report:

 

a.              PAMI Statler Arms LLC (“PAMI”) — Books and records for PAMI are maintained separately and not in a manner similar to the majority of the Company’s subsidiaries.  This entity does not maintain a separate cash account.

 

b.             Lehman Brothers Finance SA (“LBF”) — Subsequent to its bankruptcy filing on October 3, 2008, LBF became subject to an insolvency proceeding in Switzerland.

 

c.              Fundo de Investimento Multimercado Credito Privado Navigator Investimento — Motion was granted on February 24, 2009 to dismiss the Chapter 11 case of this entity.

 

11



 

LEHMAN BROTHERS HOLDINGS INC. and Other Debtor Subsidiaries

Schedule of Cash Receipts and Disbursements (a)

April 1, 2009 - April 30, 2009

 

Unaudited ($ in millions)

 

Legal Entity

 

Filing
Date

 

Beginning
Cash
(4/1/09) 
(b)

 

Receipts

 

Transfers (c)

 

Disbursements (d)

 

FX
Fluctuation 
(e)

 

Ending
Cash
(4/30/09)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lehman Brothers Holdings Inc.

 

9/15/2008

 

$

2,598

 

$

100

 

$

59

 

$

(187

)(f)

$

 

$

2,570

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LB 745 LLC

 

9/16/2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lehman Brothers Special Financing Inc. (“LBSF”)

 

10/3/2008

 

2,069

 

625

 

 

(7

)(g)

(3

)

2,684

(i)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lehman Brothers Commodity Services Inc.

 

10/3/2008

 

815

 

47

 

 

 

 

862

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lehman Brothers OTC Derivatives Inc

 

10/3/2008

 

154

 

9

 

 

 

 

163

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lehman Commercial Paper Inc. (“LCPI”)

 

10/5/2008

 

1,512

 

743

 

 

(472

)(h)

(3

)

1,780

(j)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lehman Brothers Commercial Corporation

 

10/5/2008

 

399

 

 

 

 

 

399

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lehman Brothers Derivative Products Inc.

 

10/5/2008

 

387

 

 

 

 

 

387

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lehman Brothers Financial Products Inc

 

10/5/2008

 

437

 

1

 

 

 

 

438

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CES Aviation LLC

 

10/5/2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CES Aviation V LLC

 

10/5/2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

CES Aviation IX LLC

 

10/5/2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

East Dover Limited

 

10/5/2008

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Lehman Scottish Finance L.P.

 

10/5/2008

 

2

 

 

 

 

 

2

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Luxembourg Residential Properties Loan Finance

 

1/7/2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

BNC Mortgage LLC

 

1/9/2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LB Rose Ranch LLC

 

2/9/2009

 

1

 

 

 

 

 

1

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Structured Asset Securities Corporation (“SASCO”)

 

2/9/2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

LB 2080 Kalakaua Owners LLC

 

4/23/2009

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Total

 

 

 

$

8,374

 

$

1,525

 

$

59

 

$

(666

)

$

(6

)

$

9,286

 

 

Totals may not foot due to rounding.

 


Notes:

(a)

Represents cash flows for bank accounts managed and reconciled by Lehman US operations. Foreign currency cash flows are reflected in USD equivalents.

(b)

Beginning cash balance restated from March closing balance by ($3) million for LBHI, ($4) million for LBSF and ($1) million for LCPI.

(c)

Reflects transfers from bank accounts in Europe to the US.

(d)

Subsidiaries of LBHI have incurred operating expenses and professional fees which have been paid by LBHI. These expenses will be charged back to debtor and non-debtor entities based on the direct costs associated with each entity and an allocation methodology currently being developed.

(e)

Reflects fluctuation in value in foreign currency bank accounts.

(f)

Reflects ordinary course outflows and other court approved disbursements.

(g)

$7 million returned to counterparty for a wire transfer sent to LBSF in error in January 2009.

(h)

LCPI, in its capacity as loan agreement agent, makes pass-along disbursements of principal and interest to loan syndicate participants.

(i)

LBSF cash balance of $2.7 billion includes approx. $280 million that does not belong to the estate and is payable to a third party.

(j)

LCPI cash balance includes receipts related to pledged assets of an affiliate that may not belong to the Debtor. Such amounts associated with pledged assets are not determinable at this time.

 

12



 

LEHMAN BROTHERS HOLDINGS INC. (“LBHI”)

 

BASIS OF PRESENTATION

SCHEDULE OF PROFESSIONAL FEE DISBURSEMENTS

DATED FROM FILING DATE TO APRIL 30, 2009

 

The information and data included in this Report are derived from internal systems maintained by Lehman Brothers Holdings Inc. (the “Company”).  The Company, and its other subsidiaries that have filed proceedings under Chapter 11 of the Bankruptcy Code (collectively, the “Debtors” or the “Estate”), have had their Chapter 11 cases consolidated for procedural purposes only and are being jointly administered pursuant to Rule 101(b) of the Federal Rules of Bankruptcy Procedure (the “Bankruptcy Rules”). The Debtors have prepared this presentation, as required by the Office of the United States Trustee, based on information from the Debtors internal systems, but note that such information may be incomplete in certain respects and the Debtors reserve all rights to revise this report.  This MOR is not meant to be relied upon as a complete description of the Debtors, their business, condition (financial or otherwise), results of operations, prospects, assets or liabilities.

 

1.     This MOR is not prepared in accordance with U.S. generally accepted accounting principles (GAAP). This MOR should be read in conjunction with the financial statements and accompanying notes in the Company’s annual and quarterly reports that were filed with the United States Securities and Exchange Commission.

 

2.     This MOR is not audited and will not be subject to audit or review by the Company’s external auditors at any time in the future.

 

3.     The professional fee disbursements presented in this report reflect the date of actual cash payments to professional service providers.  The Debtors have incurred additional professional fee expenses during the reporting period that will be reflected in future MORs as cash payments are made to providers.

 

13



 

LEHMAN BROTHERS HOLDINGS INC.

Schedule of Professional Fee Disbursements (a)

April 2009

Unaudited ($ in thousands)

 

 

 

 

 

Apr-09

 

Cumulative (b)

 

Debtors - Section 363 Professionals

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Alvarez & Marsal LLC

 

Interim Management

 

$

15,428

 

$

77,276

 

 

 

 

 

 

 

 

 

Kelly Matthew Wright

 

Art Consultant and Auctioneer

 

 

19

 

 

 

 

 

 

 

 

 

Natixis Capital Markets Inc.

 

Derivatives Consultant

 

1,494

 

3,478

 

 

 

 

 

 

 

 

 

Debtors - Section 327 Professionals

 

 

 

 

 

 

 

Bortstein Legal LLC

 

Special Counsel - IT Contracts and Transition Services Agreement

 

276

 

629

 

 

 

 

 

 

 

 

 

Curtis, Mallet-Prevost, Colt & Mosle LLP

 

Special Counsel - Conflicts

 

1,641

 

4,504

 

 

 

 

 

 

 

 

 

Ernst & Young LLP

 

Special Counsel - Audit and Tax Services

 

474

 

474

 

 

 

 

 

 

 

 

 

Huron Consulting

 

Special Counsel - Tax Services

 

165

 

165

 

 

 

 

 

 

 

 

 

Jones Day

 

Special Counsel - Asia

 

1,309

 

1,309

 

 

 

 

 

 

 

 

 

Lazard Freres & Co.

 

Special Counsel - Investment Banking Advisor

 

332

 

6,313

 

 

 

 

 

 

 

 

 

McKee Nelson LLP

 

Special Counsel - Tax

 

782

 

2,658

 

 

 

 

 

 

 

 

 

McKenna Long & Aldridge LLP

 

Special Counsel - Commercial Real Estate Lending

 

276

 

816

 

 

 

 

 

 

 

 

 

Reilly Pozner LLP

 

Special Counsel - Mortgage Litigation and Claims

 

515

 

515

 

 

 

 

 

 

 

 

 

Simpson Thacher & Bartlett LLP

 

Special Counsel - SEC Reporting, Asset Sales, and Congressional Testimony

 

27

 

1,162

 

 

 

 

 

 

 

 

 

Weil Gotshal & Manges LLP

 

Lead Counsel

 

9,184

 

45,582

 

 

 

 

 

 

 

 

 

Debtors - Claims and Noticing Agent

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Epiq Bankruptcy Solutions LLC

 

Claims Management and Noticing Agent

 

130

 

806

 

 

 

 

 

 

 

 

 

Creditors - Section 327 Professionals

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

FTI Consulting Inc.

 

Financial Advisor

 

 

4,358

 

 

 

 

 

 

 

 

 

Houlihan Lokey Howard & Zukin Capital Inc.

 

Investment Banking Advisor

 

414

 

2,360

 

 

 

 

 

 

 

 

 

Milbank Tweed Hadley & McCloy LLP

 

Lead Counsel

 

2,560

 

10,408

 

 

 

 

 

 

 

 

 

Quinn Emanuel Urquhart Oliver & Hedges LLP

 

Special Counsel - Conflicts

 

 

1,745

 

 

 

 

 

 

 

 

 

Examiner - Section 327 Professionals

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Jenner & Block LLP

 

Lead Counsel

 

1,821

 

1,821

 

 

 

 

 

 

 

 

 

Total Non-Ordinary Course Professionals (“OCP”)

 

 

 

36,828

 

166,396

 

 

 

 

 

 

 

 

 

Debtors - Ordinary Course Professionals

 

 

 

1,218

 

4,493

 

 

 

 

 

 

 

 

 

US Trustee Quarterly Fees

 

 

 

 

139

 

 

 

 

 

 

 

 

 

Total Professional Fees and UST Fees

 

 

 

$

38,046

 

$

171,028

 

 


(a)          All professional fees have been paid by LBHI; however, a portion will be charged back to debtor and non-debtor subsidaries based on the direct costs associated with each entity and an allocation methodology currently being devleoped.

(b)         The figures reflected in this table represent cash disbursements from LBHI’s filing date through the end of April 2009 and do not include holdback amounts required by court order for non-OCP professionals. The figures do not include accruals.

 

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