Lehman Unit Sues AmeriCredit Over Interest Rate Swap Deals
A Lehman Brothers Holdings Inc. unit sued AmeriCredit Financial Services Inc. for breach of contract, alleging it undervalued termination payments for interest rate swap agreements connected to auto-loan securitizations.
Lehman Brothers Special Financing Inc. entered into swap agreements with trusts sponsored in 2005 and 2007 by AmeriCredit that issued $3.85 billion in notes, according to a complaint filed today in federal bankruptcy court in Manhattan, reported Bloomberg. AmeriCredit Financial, a subprime auto lender based in Fort Worth, Texas, was bought by General Motors Co. last year.
When Lehman filed for bankruptcy protection, the swaps were terminated and AmeriCredit failed to calculate termination payments according to the terms of the agreement by not seeking bids from potential replacement counterparties when interest rates were moving in Lehman’s favor, according to the complaint.
While AmeriCredit made early termination payments of $13 million, Lehman should have received $42.5 million, according to the complaint. The lawsuit seeks $13 million in interest from three swap agreements and other unspecified damages.
Caitlin DeYoung, a spokeswoman for General Motors Financial, didn’t immediately return a voice-mail message left after regular business hours.
The case is Lehman Brothers Special Financing v. AmeriCredit Financial Services, 11-2403, U.S. Bankruptcy Court, Southern District of New York (Manhattan).
More Industry

RV Group Expands Carolina Footprint
Blue Compass RV Columbia Northeast is the 13th RV dealership owned by Blue Compass in the Carolinas.
Read More →
Agent Acumen
An Agent Summit panel of people who’ve been supporting auto dealers for years gave both timely and timeless advice for those starting out or mulling the prospect.
Read More →
Missed Maintenance Creates Opportunity
As families get back on the road and into daily school routines, service drives have an opportunity to capture customers who are behind on recommended vehicle maintenance.
Read More →
Mitsubishi Unveils U.S. Plan
The automaker announced a strategy that includes an expanded lineup and dealership presence, along with more ‘rugged’ and electric models.
Read More →
Selling to Grow
The question of whether you should sell your agency and if so, when, is up to you. But it’s a question worth asking to ensure you keep the business on the right path for yourself, employees and clients.
Read More →
Recalled Vehicles Hit 5-Year High
Though the number of events has fallen so far this year, impacted units are up significantly. Meanwhile, regulators consider consumer notification changes.
Read More →
Auto Group Acquires Top-Performing Rooftop
Car Pros sold its Kia Huntington Beach location to Sutherlin Automotive Group, marking the buyer’s third location in Southern California.
Read More →
China as Pacesetter
Automotive leaders huddled on where North America stands in the global picture and how it can strengthen its position against the Asian juggernaut’s surging industry.
Read More →
BMW Concept Car Makes Fuel to Burn
The prototype developed in concert with a South Carolina university engineering team generates more solar energy than it uses in a typical daily commute.
Read More →
South Carolina Auto Group Downsizes
Florida-based group Holler-Classic has acquired four rooftops, its first in South Carolina, from Dick Smith Automotive Group.
Read More →