Cutting the LEH pie

He cuts the LEH pie. Well, he is doing his job and is getting paid for it. We are talking about Bryan Marsal, Lehman Brothers' Restructuring Officer. Nevertheless, his demands are not exactly reasonable. This sounds like a classic case of make hay while the sun shines.

An article on how the Lehman Restructuring Officer wants very high incentive fees. This is what I call highway robbery. Creditors and management should not allow it. I guess the verdict for this question really lies in the hands of the honorable bankruptcy judge in the court of South District of New York.

Produced in verbatim from Bloomberg.com below

Lehman Restructuring Officer Marsal Wants 25% Incentive Fees
By Linda Sandler and Christopher Scinta

Nov. 18 (Bloomberg) -- Lehman Brothers Holdings Inc.'s restructuring officer, Bryan Marsal, asked a court to pay his firm incentive fees as high as 25 percent on top of the hourly rates he's charging to liquidate the bank.

Marsal's company, Alvarez & Marsal, has 125 employees helping Lehman sell assets and unwind trades. Marsal previously asked for $2.5 million upfront and hourly fees of as high as $850 for himself and other top executives. Under a proposal filed yesterday, A&M would start earning its bonus after recovering $15 billion for unsecured creditors of Lehman, which listed $613 billion in debt.

"Especially in a case like this, where the firm is also getting hourly rates, you would not want to have triggers for the incentive payments that are too easy to meet," said Stephen Lubben, who teaches at Seton Hall University School of Law in Newark, New Jersey. "The triggers do seem to be low, and at the very least A&M should offer some explanation for why this should be so."

The restructuring firm's request is part of an estimated $1.4 billion in fees for lawyers, accountants and other professionals that will make Lehman's bankruptcy the most expensive ever, surpassing the record set by Enron Corp. in 2004 according to calculations by Lynn LoPucki, who teaches bankruptcy law at Harvard University and the University of California at Los Angeles.

Fee Enhancements
Restructuring experts often demand bonus payments. Perella Weinberg Partners LP in 2007 had to forgo a success fee it wanted for advising shareholders in the bankruptcy of energy company Calpine Corp., which objected to paying the bonus. A judge ruled the same year that law firm Cadwalader Wickersham & Taft, which represented Northwest Airlines Corp., wasn't entitled to $3.5 million in ``fee enhancements'' on top of its $502 average hourly rate.

Also in 2007, Alix Partners gave up a $5 million success fee it had sought on top of $25.6 million in professional charges while winding down futures-trader Refco Inc.

"Bonuses are normally only granted after the fact to crisis managers who produce exceptional, outstanding, and unexpected results," said Martin Bienenstock, a Dewey & LeBoeuf lawyer who represents Lehman creditors including Walt Disney Co.

"Crisis manager employees do not need to be guaranteed bonuses in advance because they expect short-term work and have no reason to threaten to leave (just the opposite, in fact)," Bienenstock said in an e-mail.

Lehman's lead law firm, Weil Gotshal & Manges, may earn $209 million in fees from the Lehman case, LoPucki estimated. Lehman would pay Weil, led by bankruptcy partner Harvey Miller, $650 to $950 an hour for partners and counsel, and $155 to $295 for paraprofessionals.

A&M Rates
A&M has said it will charge from $175 to $300 an hour for analysts or administrators and $550 to $850 for managing directors. It will bill Lehman for fees and expenses every month or more often if A&M prefers, according to court documents.

Lehman, once the fourth-largest investment bank, has said it foundered because of deteriorating subprime and structured investments. It filed the biggest U.S. bankruptcy Sept. 15 with mostly unsecured debts.

Rebecca Baker, a spokeswoman for A&M, didn't immediately return phone calls seeking comment today.

The case is In re Lehman Brothers Holdings Inc., 08-13555, U.S. Bankruptcy Court, Southern District of New York (Manhattan).