By Linda Sandler Jan. 13 (Bloomberg) — Bryan Marsal , whose Alvarez & Marsal firm has been paid more than $200 million so far to liquidate bankrupt Lehman Brothers Holdings Inc. , is proposing instead to invest in discounted loans on a gamble he can make more money that way for creditors and himself in the next five years. Marsal, acting as Lehman’s chief executive officer, wants to buy $3.5 billion in loans and mortgages, according to court filings. He proposes to pay $1.4 billion for the debt. A bankruptcy judge will review the proposal today in New York. “In most cases, a bankrupt company that is not planning on emerging as a going concern would see its assets liquidated,” Marsal said in an interview. “Had the assets of the Lehman estate been disposed of in a fire-sale liquidation, we would have realized maybe $10 billion to $20 billion.” By taking more time, he might recover $40 billion to $50 billion, he said. The more money Marsal brings in to Lehman’s bankrupt estate, the more its creditors can recover — and the more his New York-based restructuring firm will make in bonuses. The firm’s contract with Lehman entitles it to a bonus of 0.175 percent of all amounts above $15 billion recovered for unsecured creditors. That’s capped at 25 percent of the fees A&M gets for dismantling Lehman, according to court documents. Based on fees collected so far, the bonus cap would be $50 million. Lehman and its affiliates had $16.3 billion in cash on Nov. 30, according to a December filing in U.S. Bankruptcy Court in Manhattan. Creditors currently are claiming as much as $830 billion from the estate, Marsal said. Lehman, once the fourth-largest investment bank, said it foundered because of deteriorating subprime and structured investments. It filed the biggest U.S. bankruptcy in September 2008 with mostly unsecured debts of $613 billion. Goal: $50 Billion Marsal said he is “trying to clean up the errors and duplicates” in creditor claims and aims to raise as much as $50 billion from Lehman’s real estate, banking and other assets in the next three to five years. By buying loan participations and mortgages from Lehman’s German bank affiliate, insolvent Lehman Brothers Bankhaus, Lehman is enhancing its ability to sell the good loans as they recover, and to work out the bad loans, he said. The commercial and real estate participations range from development lending to a Japanese five-year term loan, filings show. Marsal said the investment involved “purchases of parts of the loan” that Lehman earlier shared with the affiliate, not a new venture “from scratch.” ‘Marsal’s job is not to take risks and speculate in a financial casino,” said Lynn LoPucki , a professor of bankruptcy law at the University of California, Los Angeles and Harvard. “That’s the ‘Masters of the Universe’ syndrome that got the country in trouble in the first place. The bankruptcy code doesn’t give him authority to speculate in assets with creditors’ money.” Creditors Support Lehman’s creditors support the purchase proposal, though they had initial misgivings. “It cannot be disputed that the transactions are extraordinary — both in terms of dollar amount and because liquidating debtors-in-possession are seeking authority to acquire assets,” said Lehman’s official committee of creditors in a Dec. 30 court filing. While Marsal is betting on higher prices later, creditors said the loans’ value “remains subject to market risk.” “Prior to conducting its diligence, the committee was dubious of the merits and propriety of the transaction envisioned,” they said in the filing. The bankruptcy judge will decide if the risk is worth taking, given the possible return. Marsal said he has no “crystal ball” to predict the future. “Do I know what tomorrow will bring? No. But the creditors were given the option of a fire sale or longer orderly wind-down of the assets, and they chose the latter because of the superior recovery prospects,” he said. Uranium Precedent Marsal showed his investment instincts earlier by hoarding uranium cake he found on Lehman’s books on a bet that prices for the commodity would rise. At about $40.50 per pound in April 2009, the stockpile of as much as 500,000 pounds was valued at $20 million. Uranium oxide concentrate or yellowcake was $44.50 a pound, Roswell, Georgia-based UxC Consulting Co. said in Jan. 11 report. Lehman has been raising cash at the rate of $1 billion a month by selling assets and aims to increase cash in the coming year by $500 million a month, he said. “Our hope is that the liquidity in the market will continue to improve and we can accelerate the liquidation process, including the Bankhaus loans,” Marsal said. His firm’s maximum 25 percent bonus is unusual for a liquidator, said Seton Hall University School of Law professor Stephen Lubben in Newark, New Jersey. In 2007, Alix Partners had to give up a $5 million success fee it sought on top of $25.6 million in professional charges while winding down futures- trader Refco Inc. Marsal’s company’s bonus has survived court scrutiny so far, although the firm withdrew a request for $2.5 million of it upfront, according to court filings. Fourteen months into the bankruptcy, Lehman had paid its bankruptcy advisers $533.5 million, with $202.4 million going to Alvarez & Marsal from September 2008 through Nov. 30, 2009, according to a December report in bankruptcy court. The case is In re Lehman Brothers Holdings Inc., 08-13555, U.S. Bankruptcy Court, Southern District of New York (Manhattan). To contact the reporter on this story: Linda Sandler in New York at lsandler@bloomberg.net ;