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This definitely does not meet the IRS definition of a worthless security.The escrow positions were established on a one-to-one basis – so if a person held 1,000 in principal amount of an old Class 3 Senior Note, they would have 1,000 in the corresponding escrow position.It is expected that the bankruptcy estate will make distributions to bondholders every six months or so for five years or more.Class 3 Senior Notes held through DTC was completed through an exchange of the bonds for an escrow position at DTC.
The Trustee intends to return to customers all fully-paid-for identifiable securities within his jurisdiction or control wherever possible and to treat customer claims in accordance with SIPA and to treat non-customer creditor claims in accordance with the Bankruptcy Code.("LBI"), which was entered by the United States District Court for the Southern District of New York.
Bondholders who wish to recognize an immediate capital loss could do so by selling their escrow position in the Plan Trust, since the bond escrow position is transferable (unlike the stock beneficial interest which is non-transferable.) That is the only way to recognize capital loss now--by giving up any and all claims or interest in any future distributions.
November 25, 2008 As widely reported, on Monday, September 15, 2008, Lehman Brothers Holdings Inc.
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