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Lehman brothers liquidating

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(“Barclays”) pursuant to which Barclays purchased the bulk of LBI's North American capital markets and investment banking businesses. On September 15, 2008, LBI's parent company, Lehman Brothers Holdings Inc. The following day, LBHI, LBI, and LB 745 LLC (another Lehman entity) entered into an Asset Purchase Agreement (“APA”) with Barclays Capital Inc.Thus, the parties agree that when LBI entered liquidation, Hoffman was owed a total of approximately million in bonuses.Barclays's employment contract with Hoffman provides for payment (in cash and equity awards) of million on top of the same general compensation package he had with LBI (0,000 base salary plus twelve/fourteen percent bonus). In these tandem appeals, which have been consolidated for decision, two former employees of Lehman Brothers Inc. UPON DUE CONSIDERATION, IT IS HEREBY ORDERED, ADJUDGED AND DECREED that the judgment of the district court be AFFIRMED in part and REVERSED in part.

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Relying on the law governing unjust enrichment, the Trustee contends that, although the APA has been understood not to cover 2007 bonuses, it would be inequitable to allow Hoffman's claim to the extent of his 2007 bonus in light of all Hoffman was paid under his agreement with Barclays. The bankruptcy court did not err by looking beyond the appellants' employment contracts for evidence of the parties' intent. Contrary to appellants' contention, section 365 of the Bankruptcy Code, which governs the assumption and assignment of executory contracts, did not prohibit LBI from delegating its bonus obligations.

We assume the parties' familiarity with the underlying facts, the procedural history, and the issues presented for review.

(“LBI”) -- Jonathan Hoffman (through his entity 1EE LLC) and Wayne Judkins -- appeal from the judgment of the United States District Court for the Southern District of New York (Schofield, J.), which affirmed that part of the order of the Bankruptcy Court for the Southern District of New York (Chapman, J.) disallowing Judkins's claim and most of Hoffman's claim and which reversed that part of the order allowing a portion of Hoffman's claim.

Hoffman had been a remarkably successful trader at LBI whose compensation was governed by a series of annually negotiated contracts.

In 20, his contracts provided for a base salary of 0,000 plus an annual bonus (payable in a combination of cash and equity awards) based on a percentage of net profit he generated: twelve percent of the first million and fourteen percent of anything beyond that, less his base salary.