Skip to main content

§ 510

RTI Holding Co., LLC, In re

Ruling
Claims inextricably bound to stock purchase were properly subordinated. (Bankr. D. Del.)
Issue(s)
Subordination; Purchase or Sale of Securities.

ABI Membership is required to access the full summary of RTI Holding Co., LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on August 04, 2021 , LexisNexis #0921-057

Consolidated Bedding, Inc., In re

Ruling
Trustee's cross-motion to enforce intercreditor agreement and subordinate junior securedcreditor’s claim was granted. (Bankr. D. Del.)
Issue(s)
Subordination; Enforceability of Subordination Agreement.

ABI Membership is required to access the full summary of Consolidated Bedding, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on June 25, 2021 , LexisNexis #0821-034

4218 Partners LLC v. McGuire Ft. Hamilton LLC (In re 4218 Partners LLC)

Ruling
Debtor failed to state a claim for equitable subordination. (Bankr. E.D.N.Y.)
Issue(s)
Subordination; Equitable Subordination.

ABI Membership is required to access the full summary of 4218 Partners LLC v. McGuire Ft. Hamilton LLC (In re 4218 Partners LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on August 17, 2020 , LexisNexis #0920-085

Brooks, In re--Brooks v. Strategic Funding Source, Inc.

Ruling
Bank's security interest was not equitably subordinated as the factor failed to show anymisconduct on behalf of the bank. (Bankr. C.D. Ill.)
Issue(s)
Subordination; Equitable Subordination.

ABI Membership is required to access the full summary of Brooks, In re--Brooks v. Strategic Funding Source, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on August 14, 2020 , LexisNexis #0920-084

Emerald Casino, Inc., In re

Ruling
Objection to claims was sustained as trustee concluded that the claims should be treated asequity interests not as general unsecured claims. (Bankr. N.D. Ill.)
Issue(s)
Subordination; Purchase or Sale of Securities.

ABI Membership is required to access the full summary of Emerald Casino, Inc., In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on July 24, 2020 , LexisNexis #0920-035

Lane, In re--Lane v. Dean

Ruling
Equitable subordination of creditors' claim was appropriate where creditor continued topursue abusive litigation tactics all while refusing payment. (Bankr. W.D. Ky.)
Issue(s)
Subordination; Equitable Subordination.

ABI Membership is required to access the full summary of Lane, In re--Lane v. Dean Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Consumer opinion summary, case decided on February 27, 2020 , LexisNexis #0420-036

Vetter Assets Serv., LLC, In re--ValorBridge Partners, LLC v. Intrust Bank, N.A.

Ruling
Motion to dismiss granted as complaint was devoid of any allegation of any conduct bydefendant creditor that was sufficiently egregious to meet the higher standard that applies tonon-insiders and non-fiduciaries. (Bankr. W.D. Okla.)
Issue(s)
Subordination.

ABI Membership is required to access the full summary of Vetter Assets Serv., LLC, In re--ValorBridge Partners, LLC v. Intrust Bank, N.A. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on October 16, 2019 , LexisNexis #1219-034

Linn Energy, LLC, In re--French v. Linn Energy, LLC

Ruling
Payments owed to a shareholder's estate by debtor were properly treated like the equityinterests of a shareholder and subordinated to claims of creditors. (5th Cir.)
Issue(s)
Subordination; Purchase or Sale of Securities.

ABI Membership is required to access the full summary of Linn Energy, LLC, In re--French v. Linn Energy, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

:
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on September 03, 2019 , LexisNexis #1019-082

Renegar Golf, LLC, In re

Ruling
Creditor was required to prosecute his equitable subordination claims in an adversaryproceeding. (B.A.P. 6th Cir.)
Issue(s)
Subordination.

ABI Membership is required to access the full summary of Renegar Golf, LLC, In re Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Court :
Judge or Jurisdiction information not available
Commercial opinion summary, case decided on July 24, 2019 , LexisNexis #0919-058

Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK

Ruling
Evidence offered by chapter 7 trustee was sufficient to avoid motion for summary judgment on the trustee's allegation that a claim UK corporation filed against the debtor's estate had to be subordinated to claims filed by other creditors as one of the UK corporation's principals breached his fiduciary duties. (Bankr. D. Kan.)
Issue(s)
Subordination; Equitable Subordination.

ABI Membership is required to access the full summary of Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member

Commercial opinion summary, case decided on September 21, 2018 , LexisNexis #1118-040