IN RE LEHMAN BROS. INC.

No. 08-01420(JMP)(SIPA).

474 B.R. 139 (2012)

In re LEHMAN BROTHERS INC., Debtor.

United States Bankruptcy Court, S.D. New York.

July 10, 2012.


Attorney(s) appearing for the Case

Hughes Hubbard & Reed LLP, James B. Kobak, Jr., Esq. , Christopher K. Kiplock, Esq. , Michael E. Salzman, Esq. , Robert B. Funkhouser, Esq. , Jenny Baker Stapleton, Esq. , New York, NY, for James W. Giddens, as Trustee for the SIPA Liquidation of Lehman Brothers Inc.

Securities Investor Protection Corporation, Josephine Wang , General Counsel, Kenneth J. Caputo , Senior Associate General Counsel, Washington, DC, for Securities Investor Protection Corporation.

Dorsey & Whitney LLP, Eric Lopez Schnabel, Esq. , Jessica Deborah Mikhailevich, Esq. , New York, NY, for Columbia Management Investment Advisors, LLC.

Klestadt & Winters, LLP, John E. Jureller, Jr., Esq. , New York, NY, for Fisher Investments.

Shartsis Friese LLP, Jahan P. Raissi, Esq. , San Francisco, CA, for Weintraub Capital Management, L.P.

Wilkie Farr & Gallagher LLP, Brian E. O'Connor, Esq. , Katharine N. Monin, Esq. , New York, NY, for Oppenheimer Value Fund, Oppenheimer Main Street Fund, Oppenheimer Equity Income Fund, Oppenheimer Small & Mid Cap Value Fund, Oppenheimer Capital Income Fund, Oppenheimer Main Street Fund/VA, Oppenheimer Main Street Opportunity Fund, and Oppenheimer Main Street Small Cap Fund, and Duquesne Capital Management, L.L.C.


MEMORANDUM DECISION CONFIRMING THE TRUSTEE'S DETERMINATION OF CLAIMS RELATING TO SOFT DOLLAR COMMISSION CREDITS

JAMES M. PECK, Bankruptcy Judge.

Introduction

This is the first time that any court has been asked to decide the question of whether so-called "soft dollar" claims qualify for treatment as customer claims under the Securities Investor Protection Act of 1970, 15 U.S.C. § 78aaa et seq., as amended ("SIPA"). As explained...

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