- 11 U.S.C.
Shubert v. Lucent Techs. Inc. (In re Winstar Communs. Inc.)
Dec
21
2005
Ruling
Trustee was able to avoid transfers as preferential and was granted equitable subordination of the creditor's claim since the creditor as the debtor's lender had coerced the debtor into purchasing unneeded products.
Procedural posture
Plaintiff, a chapter 7 trustee substituted for a debtor, asserted against defendant creditor claims for, inter alia, breach of contract, preferential transfer avoidable under 11 U.S.C. § 547, equitable subordination. The creditor filed counterclaims for, inter alia, fraud and misrepresentation. Those claims were tried to the court.
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Court
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