In re Aidas Paradise LLC

Debtor sought to equitably subordinate a bank's unsecured deficiency claim in an adversary complaint and a corresponding motion to equitably subordinate, arguing that the bank unjustifiably thwarted debtor's attempt to evict a restaurant and improperly refused to allow debtor to timely release the restaurant space. The bank argued it was merely acting as a prudent lender, and filed a motion to motion to strike or to dismiss debtor's motion.