Lehman Brothers: Largest U.S. Chapter 11 Still Winding Down
Lehman Brothers Holdings Inc. filed chapter 11 on September 15, 2008, in what court filings describe as the country's largest and most complex bankruptcy cases. The filing came after a weekend of emergency meetings with the Treasury Secretary, the Federal Reserve, and major financial institutions failed to produce a viable transaction, leaving the firm only hours to prepare and file before markets opened. Twenty-two subsidiaries joined the chapter 11 proceedings alongside LBHI, while Lehman Brothers Inc. entered a simultaneous SIPA liquidation and other affiliates moved into separate insolvency processes worldwide.
More than seventeen years later, the LBHI chapter 11 case remains open as the sole surviving proceeding among the original twenty-three debtor cases. The estates have completed more than thirty distributions totaling more than $129.5 billion, resolved nearly 70,000 claims originally asserted at more than $1.2 trillion, and closed twenty-two of the twenty-three chapter 11 cases. A thirty-second distribution is scheduled for April 2, 2026.
Sources (6)
- the country's largest and most complex bankruptcy casesCourt filing (opens in a new tab)
- only hours to prepare and file before markets openedCourt filing (opens in a new tab)
- thirty-second distributionCourt filing (opens in a new tab)
- reported a $2.8 billion second-quarter lossCourt filing (opens in a new tab)
- closed by final decreesCourt filing (opens in a new tab)
- extended the Plan Trust through December 6, 2029Court filing (opens in a new tab)
| Debtor(s) | Lehman Brothers Holdings Inc. (23 jointly administered entities) |
| Court | U.S. Bankruptcy Court, Southern District of New York |
| Case Number | 08-13555 |
| Petition Date | September 15, 2008 |
| Confirmation Date | December 6, 2011 |
| Judge | Hon. James M. Peck |
| Claims Agent | Epiq Corporate Restructuring, LLC |
The 2008 Liquidity Crisis
Declining values in domestic subprime residential mortgage-backed securities and structured credit products constrained LBHI's liquidity through 2008. Lehman reported a $2.8 billion second-quarter loss on June 9, 2008 and announced a $6 billion equity raise the same day. Management changes followed on June 12, 2008.
The firm's liquidity position weakened through the summer. In June 2008, Lehman placed a $2 billion cash deposit with Citibank that was callable daily, with both parties understanding that Lehman could request the return of those funds at any time.
By mid-September 2008, LBHI spent the weekend before the petition in emergency meetings with the Treasury Secretary, the Federal Reserve, and major financial institutions in an attempt to resolve the liquidity crisis. When no viable transaction emerged, the firm filed chapter 11 within hours before markets opened on Monday morning. The filing required coordination between the parent chapter 11 case and a simultaneous SIPA proceeding for Lehman Brothers Inc., while other foreign and domestic affiliates moved into separate insolvency processes.
The Barclays Sale
On September 16, 2008 -- one day after the filing -- Barclays agreed to purchase Lehman Brothers Inc.'s broker-dealer business for $1.7 billion and assume various liabilities. The bankruptcy court approved the sale on September 19, 2008, and the transaction closed on September 22, 2008.
The speed of the sale later drew scrutiny. In Rule 60(b) proceedings brought to challenge the transaction, the court found the Barclays sale had been negotiated in good faith and was not procured by fraud or misrepresentation.
Plan Confirmation and the Plan Trust
The court confirmed the Modified Third Amended Joint Chapter 11 Plan on December 6, 2011, more than three years after the petition date. The plan became effective on March 6, 2012.
The effective-date structure cancelled LBHI's prepetition common and preferred stock and issued one new share of LBHI common stock, which was placed into a Plan Trust. The trust was designed to preserve net operating losses and other tax attributes that could maximize creditor recoveries during the wind-down.
Weil, Gotshal & Manges LLP served as lead counsel to the debtors. Garrett A. Fail serves as the current Plan Administrator overseeing the final stages of the wind-down.
Distribution Record and Creditor Recoveries
Ten debtor estates paid general unsecured creditors 100% or more with post-petition interest, and two additional debtor estates with guarantee claims against LBHI also paid in full.
As of the June 30, 2025 quarterly report, LBHI general unsecured creditors had received approximately 46.7% on senior unsecured claims. Total allowed claims across the estates reached $194.656 billion. The estates have completed more than thirty distributions totaling approximately $129.5 billion, including $96.4 billion to third-party creditors.
The resolution of the claims pool was itself a substantial undertaking. Nearly 70,000 claims originally asserted at more than $1.2 trillion were resolved, and the LBHI creditor base was reduced from more than 25,000 creditors with about 40,000 claims on the effective date to roughly 900 creditors with more than 7,000 allowed claims remaining.
Current Administration and Final Wind-Down
By early 2026, only the LBHI chapter 11 case remained open. The other twenty-two debtor cases were closed by final decrees entered between 2016 and 2021.
The January 2026 post-effective operating report shows total beginning cash of $80.8 million, total January cash sources of $11.3 million, total uses of $4.8 million, and ending cash of $87.3 million. Reserves are maintained for disputed claims, compensation, tax matters, third-party obligations, contingencies, and administrative expenses.
LBHI was in the final stages of liquidation as of the 2025 plan-trust motion, with estimated future plan distributions of approximately $139 million and only a handful of private equity or principal investments plus a single active derivative trade remaining.
On September 30, 2025, the court extended the Plan Trust through December 6, 2029, subject to earlier termination. The order also authorized amendments allowing fewer than seven LBHI directors while relieving the trustees of the duty to replace departing board members so long as at least one director remains.
On February 13, 2026, LBHI noticed a thirty-second distribution date of April 2, 2026, set a February 21, 2026 record date for claim transfers, and required tax-form and OFAC-certification submission by March 6, 2026 before distributions could be made to holders of allowed claims.
One open matter remains: the LBF v. Enasarco litigation in Switzerland. LBF has appealed a May 2025 ruling by the High Court of the Canton of Zurich to the Swiss Federal Supreme Court, and LBHI has reserved cash for this potential obligation.
Frequently Asked Questions
Who is the claims agent for Lehman Brothers Holdings Inc.?
Epiq Corporate Restructuring, LLC serves as the claims and noticing agent. The firm maintains the official claims register and distributes case notifications to creditors and parties in interest.
Is the Lehman Brothers bankruptcy case still open?
As of January 2026, the LBHI chapter 11 case remains open as the sole surviving proceeding among the original twenty-three debtor cases. The other twenty-two cases were closed between 2016 and 2021. The Plan Trust has been extended through December 6, 2029.
How much have Lehman Brothers creditors received?
The estates have completed more than thirty distributions totaling approximately $129.5 billion. Ten debtor estates paid general unsecured creditors 100% or more with post-petition interest. LBHI general unsecured creditors had received approximately 46.7% on senior unsecured claims as of the June 30, 2025 quarterly report.
When is the next Lehman Brothers distribution?
The thirty-second distribution is scheduled for April 2, 2026. The distribution notice set a February 21, 2026 record date for claim transfers and a March 6, 2026 deadline for tax-form and OFAC-certification submissions.
For more on major chapter 11 cases and how bankruptcy proceedings affect creditor recoveries, explore ElevenFlo's bankruptcy case coverage.
This article was researched and written with AI assistance, using court filings, public records, and news sources. AI-generated content can contain errors. Verify all information against primary sources before relying on it. This is not legal or financial advice. See the disclaimer.