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LWD Trucking Inc. v. LWD Inc. (In re LWD Inc.)

Jun
06
2006
Ruling
Bankrtuptcy court declined to strike complaint in equitable subordination proceeding that put debtor sufficiently on notice of claims.
Procedural posture

Plaintiff United States Trustee brought an adversary complaint against defendant individuals and company, alleging, inter alia, equitable subordination and seeking payment of the trustee's fees. Defendants moved to dismiss the complaint.

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opinion summary, case decided on June 06, 2006 , LexisNexis #0906-056
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Bala v. Kaler (In re Racing Servs.)

Apr
04
2006
Ruling
Court affirmed the bankruptcy court's order that equitably subordinated an application for unpaid postpetition rent to all other allowed claims including criminal judgments involving inequitable conduct that injured creditors.
Procedural posture

Appellant claimant sought review of a decision of the Bankruptcy Court for the District of North Dakota, which ordered that the claimant's administrative expense claim against the bankruptcy estate of appellee debtor for postpetition rent be subordinated to all other allowed claims.

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Court :
Judge or Jurisdiction information not available
opinion summary, case decided on April 04, 2006 , LexisNexis #0406-087
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In re Kreisler

Oct
04
2005
Ruling
Creditor's secured claim was deemed allowed but subject to equitable subordination due to creditor insider's inequitable conduct.
Procedural posture

The creditor filed a motion to have its secured claim deemed allowed. The trustee objected to the claim.

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opinion summary, case decided on October 04, 2005 , LexisNexis #0106-078
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Ponder v. Apyron Techs. Inc. (In re Apyron Techs. Inc.)

Sep
12
2005
Ruling
Former employee's intellectual property claim against debtor employer was subordinated to claims made by other unsecured creditors since the employee's false representations greatly injured the debtor.
Procedural posture

Plaintiff former employee sought a judgment declaring that he and not defendant debtor, who was his former employer, owned certain intellectual property. It was determined that the debtor owned the technology. The bankruptcy court addressed the balance of the debtor's motion for summary judgment.

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opinion summary, case decided on September 12, 2005 , LexisNexis #0106-046
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