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MF Global Trustee Seeks Priority for Creditors

January 10, 2012
MF Global Holdings Chapter 11 trustee Louis Freeh, says creditors should have some priority to be repaid by the bankrupt estate, said citing intercompany loans made between the failed parent and its operating unit. Freeh, representing the interests of creditors of the parent company, commented on the legal principles that will govern repayments in papers filed late yesterday in Manhattan bankruptcy court. Former customers of the broker-dealer unit, seeking an estimated $1.2 billion missing from their accounts, are being repaid in a related case overseen by a different trustee, James Giddens, appointed under the Securities Investor Protection Act. 
Freeh is concerned that “an inappropriate interpretation” of the law may lead Giddens to deny the rights of creditors to recover from property that was never deposited by them. The holding company has “substantial intercompany claims” against the broker-dealer unit on account of former intercompany loans, and any recoveries of that money shouldn’t be “diverted” to customers, giving them a priority at the expense of creditors of the parent company, Freeh said.  The conflict is “not whether certain estate property can be distributed to customers, but whether estate assets that would otherwise be available for distribution to MF Global Inc.’s creditors can be reallocated to the customer pool,” Freeh said.  [Bloomberg 1/10/12]