Lehman Brothers Holdings Inc. v. Empire Financial Services, Inc.
Adversary Proceeding
Lead BK case is: 1:08-bk-13555
Lead BK case is: 1:08-bk-13555
| New York Southern Bankruptcy Court | |
| Chapter 11 | |
| Judge: | Shelley C Chapman |
| Case #: | 1:21-ap-01040 |
| Nature of Suit | 14 Bankruptcy - Recovery of money/property - other |
| Case Filed: | Mar 04, 2021 |
| Terminated: | Sep 02, 2022 |
| Last checked: never |
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Defendant
Empire Financial Services, Inc.
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Represented By
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Plaintiff
Lehman Brothers Holdings Inc.
277 Park Avenue, 46th Floor
New York, NY 10017 |
Represented By
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| Docket last updated: 02/07/2025 1:08 PM EST |
| Friday, September 02, 2022 | ||
| 15 | 15
order
So Ordered Stipulation
Fri 09/02 9:03 AM
So Ordered Stipulation of Voluntary Dismissal With Prejudice signed on 9/2/2022 (White, Greg) |
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misc
Close Adversary Proceeding
Fri 09/02 9:04 AM
Adversary Case 1:21-ap-1040 Closed. This Adversary Proceeding is Closed Subject to the Filing of a Notice of Appeal Within Fourteen (14) Days of the Entry of the Order Terminating this Adversary Proceeding. (White, Greg) |
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| Monday, August 30, 2021 | ||
| 14 | 14
answer
Affidavit
Mon 08/30 6:44 PM
Reply Affidavit of Tracy L. Henderson, ESQ IN SUPPORT OF REPLY MEMORANDUM OF LAW OF EMPIRE FINANCIAL SERVICES, INC., NATIONWIDE HOME MORTGAGE, INC. ET AL, AND CRANBROOK MORTGAGE CORP. IN FURTHER SUPPORT OF MOTION TO DISMISS RMBS COMPLAINTS FOR LACK OF SUBJECT MATTER JURISDICTION AND LACK OF STANDING filed by Tracy Lee Henderson on behalf of Empire Financial Services, Inc.. (Henderson, Tracy) |
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Att: 1
Exhibit Exhibit 1
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Att: 2
Exhibit Exhibit 2
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Att: 3
Exhibit Exhibit 3
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Att: 4
Exhibit Exhibit 4
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Att: 5
Exhibit Exhibit 5 SARM 2006-4 AAA
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Att: 6
Exhibit Exhibit 6
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Att: 7
Exhibit Exhibit 7 LXS 2007-15N MLSAA
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Att: 8
Exhibit Exhibit 8 LXS 2007-9 MLSAA
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Att: 9
Exhibit Exhibit 9 SARM 2004-16 MLSAA
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Att: 10
Exhibit Exhibit 10 SARM 2006-4 MLSAA
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Att: 11
Exhibit Exhibit 11
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Att: 12
Exhibit Exhibit 12 Master Forwarding Agreement
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Att: 13
Exhibit Exhibit 13
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Att: 14
Exhibit Exhibit 14 OFT Proof of Claim
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Att: 15
Exhibit Exhibit 15 LXS Trust Agreement
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| 13 | 13
answer
Reply
Mon 08/30 6:27 PM
Reply to Motion Reply to Opposition to Motion to Dismiss filed by Tracy Lee Henderson on behalf of Empire Financial Services, Inc.. (Henderson, Tracy) |
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| Friday, August 13, 2021 | ||
| 12 | 12
notice
Notice, Withdrawal
Fri 08/13 11:45 AM
Notice of Withdrawal (Italiano, Olivia) |
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| Tuesday, July 13, 2021 | ||
| 11 | 11
70
pgs
misc
Transcript
Fri 07/16 11:44 AM
Transcript regarding Hearing Held on 5/20/2021 at 10:00 AM RE: Pre-Trial Conference. Remote electronic access to the transcript is restricted until 10/12/2021. The transcript may be viewed at the Bankruptcy Court Clerks Office. [Transcription Service Agency: Veritext Legal Solutions.]. (See the Courts Website for contact information for the Transcription Service Agency.). Notice of Intent to Request Redaction Deadline Due By 7/20/2021. Statement of Redaction Request Due By 8/3/2021. Redacted Transcript Submission Due By 8/13/2021. Transcript access will be restricted through 10/12/2021. (Ortiz, Carmen) |
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| Friday, July 09, 2021 | ||
| 10 | 10
answer
Opposition Brief
Fri 07/09 4:43 PM
Opposition Brief Memorandum of Law of Plaintiff Lehman Brothers Holdings Inc. in Opposition to Defendants Motion to Dismiss RMBS Complaints Pursuant to Rule 12(b)(1) for Lack of Subject Matter Jurisdiction and Standing filed by Brant Kuehn on behalf of Lehman Brothers Holdings Inc.. (Kuehn, Brant) |
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Att: 1
Declaration of Adam Bialek
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Att: 2
Exhibit 1 -- Osborne Declaration
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Att: 3
Exhibit 2 -- Desens Declaration
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Att: 4
Exhibit 3 -- Trumpp Declaration
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Att: 5
Exhibit 4 -- Cranbrook LPA
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Att: 6
Exhibit 5 -- Cranbrook BA (2004)
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Att: 7
Exhibit 6 -- Seller's Guide (Sections 7, 8)
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Att: 8
Exhibit 7 -- Confirmation Order
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Att: 9
Exhibit 8 -- Modified Third Amended Plan
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Att: 10
Exhibit 9 -- Estimated Claims Order
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Att: 11
Exhibit 10 -- Cranbrook Complaint
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Att: 12
Exhibit 11 -- MLSAA
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Att: 13
Exhibit 12 -- AAA
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| Wednesday, May 19, 2021 | ||
| 9 | 9
notice
Notice, Agenda
Wed 05/19 6:47 PM
Notice of Agenda for Pre-Trial Conference filed by Joshua Slocum on behalf of Lehman Brothers Holdings Inc.. with hearing to be held on 5/20/2021 at 10:00 AM at Teleconference Line (CourtSolutions) (SCC) (Slocum, Joshua) |
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| Monday, May 17, 2021 | ||
| 8 | 8
motion
Motion, Dismiss Adversary Proceeding
Mon 05/17 5:31 PM
Joint Motion to Dismiss Adversary Proceeding Pursuant to Federal Rule 12(b) For Lack of Subject Matter Jurisdiction and Standing filed by Tracy Lee Henderson on behalf of Empire Financial Services, Inc.. (Henderson, Tracy) |
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Att: 1
Memorandum of Law in Support of Motion to Dismiss Adversary Proceeding
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Att: 2
Declaration of Tracy L. Henderson in Support of Motion to Dismiss Adversary Proceeding
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Att: 3
Exhibit A
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Att: 4
Exhibit B
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Att: 5
Exhibit C
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Att: 6
Exhibit D
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Att: 7
Exhibit E
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Att: 8
Exhibit F
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Att: 9
Exhibit G
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Att: 10
Exhibit H
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Att: 11
Exhibit I
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Att: 12
Exhibit J
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Att: 13
Exhibit K
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Att: 14
Exhibit L
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Att: 15
Exhibit M
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| Wednesday, April 21, 2021 | ||
| 7 | 7
misc
Certificate of Service
Wed 04/21 8:33 PM
Certificate of Service Empire Financial Services, Inc filed by Olivia Italiano on behalf of Lehman Brothers Holdings Inc.. (Italiano, Olivia) |
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| Thursday, April 08, 2021 | ||
| 6 | 6
notice
Notice, Adjournment of Hearing
Thu 04/08 6:03 PM
Notice of Adjournment of Hearing Empire Financial Services, Inc. filed by Olivia Italiano on behalf of Lehman Brothers Holdings Inc.. with hearing to be held on 5/20/2021 at 10:00 AM at Courtroom 623 (SCC) (Italiano, Olivia) |
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| Monday, March 29, 2021 | ||
| 5 | 5
cmp
Auto Summons and Notice of Pre-Trial Conference
Mon 03/29 11:41 AM
Second Summons with Notice of Pre-Trial Conference issued by Clerk's Office with Pre-Trial Conference set for 5/20/2021 at 10:00 AM at Teleconference Line (CourtSolutions) (SCC), Answer due by 4/28/2021, (Ortiz, Carmen) |
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| Friday, March 26, 2021 | ||
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misc
Request for Subsequent Summons
Fri 03/26 8:53 AM
Request for a Second Summons filed by Adam M Bialek on behalf of Lehman Brothers Holdings Inc.. (Bialek, Adam) |
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| Monday, March 22, 2021 | ||
| 4 | 4
cmp
Amended Complaint
Mon 03/22 8:47 PM
Amended Complaint against Empire Financial Services, Inc. Filed by William A Maher on behalf of Lehman Brothers Holdings Inc.. (Maher, William) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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Att: 3
Exhibit C
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| Tuesday, March 16, 2021 | ||
| 3 | 3
misc
Certificate of Service
Tue 03/16 4:55 PM
Certificate of Service and correct copies of the Summons and Notice of Pretrial Conference and Adversary Complaint with Exhibits A-C filed by Olivia Italiano on behalf of Lehman Brothers Holdings Inc.. (Italiano, Olivia) |
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| Friday, March 05, 2021 | ||
| 2 | 2
cmp
Auto Summons and Notice of Pre-Trial Conference
Fri 03/05 5:07 PM
Summons with Notice of Pre-Trial Conference issued by Clerk's Office with Pre-Trial Conference set for 4/22/2021 at 10:00 AM at Teleconference Line (CourtSolutions) (SCC), Answer due by 4/5/2021, (Cales, Humberto) |
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| Thursday, March 04, 2021 | ||
| 1 | 1
cmp
Complaint (fee)
Thu 03/04 8:24 PM
Adversary case 21-01040 Complaint against Empire Financial Services, Inc. (Fee Amount $ 350.). Nature(s) of Suit: (14 (Recovery of money/property - other)) Filed by Adam M Bialek, William A Maher, Brant Kuehn on behalf of Lehman Brothers Holdings Inc.. (Maher, William) |
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Att: 1
Exhibit A
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Att: 2
Exhibit B
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Att: 3
Exhibit C
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