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Gernsbacher v. Campbell (In re Equipment Equity Holdings Inc.)

Gernsbacher v. Campbell (In re Equipment Equity Holdings Inc.)

Ruling
Motion by creditor group to have claims of second creditor group subordinated or recharacterized as equity denied.
Procedural posture

This adversary proceeding involved a dispute within a chapter 7 bankruptcy case between two different, sophisticated creditor groups wherein one creditor group (plaintiffs) sought to have the claims of the other creditor group (defendants) either equitably subordinated to the plaintiffs' claims under 11 U.S.C.S. § 510(b) or (c), or recharacterized as equity.

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Commercial opinion summary, case decided on March 29, 2013 , LexisNexis #0613-014