National Emergency Servs. v. Williams
Jun
19
2007
Ruling
Court could not exercise equitable subordination of claim in case where there was to be no distribution of assets.
Procedural posture
Appellant filed an adversary complaint to subordinate claim under 11 U.S.C. § 510(c) in the bankruptcy court. Appellee moved to dismiss the adversary complaint. The chapter 11 trustee and debtor had agreed the bankruptcy case should be dismissed once the instant case concluded. The bankruptcy court dismissed appellant's complaint for failure to state a cause of action. Appellant filed an appeal.
ABI Membership is required to access the full summary of National Emergency Servs. v. Williams Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: