Khan v. Barton (In re Khan)
Jan
23
2017
Ruling
Bankruptcy appellate panel affirmed bankruptcy court's decision that creditor's claims werenot subordinated as the claims did not arise out of a purchase or sale of securities. (9th Cir.)
Issue(s)
Subordination; Purchase or Sale of Securities.
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Court
:
( Judge Fernandez ) [ Circuit Court ]
In re FAH Liquidating Corp.
Jan
10
2017
Ruling
Claims that did not arise from purchase or sale of debtor's security were not subject tosubordination. (Bankr. D. Del.)
Issue(s)
Subordination; Purchase or Sale of Securities.
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Court
:
In re Yoga Smoga, Inc.
Dec
19
2016
Ruling
Motion to dismiss an involuntary petition denied was no bona fide dispute that creditors'loans were debt transactions rather than equity transactions. (Bankr. S.D.N.Y.)
Issue(s)
Subordination; Equitable Subordination.
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Court
:
In re Aéropostale, Inc.
Aug
26
2016
Ruling
Subordination not warranted where debtor failed to show inequitable conduct on part ofcreditor. (Bankr. S.D.N.Y.)
Issue(s)
Should creditor’s claim be equitably subordinated?
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Court
:
Liquidating Trust Comm. of the Del Biaggio Liquidating Trust v. Freeman (In re Del Biaggio)
Aug
22
2016
Ruling
Fraud claim arising from purchase or sale of securities of debtor’s affiliate was properlysubordinated. (9th Cir.)
Issue(s)
Was an individual creditor's general unsecured fraud claim properly subordinated to other claims senior or equal to it?
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Court
:
9th Circuit ( ) [ Circuit Court ]
In re Syntax-Brillian Corp.
May
11
2016
Ruling
Shareholders could not obtain relief from seven-year old confirmation order, which resulted in all claims arising from stock transactions being subordinated to all other claims.
Issue(s)
Should the court grant shareholders relief from seven-year old confirmation order and eight-year old order ad-mitting the first day affidavit into evidence.
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Court
:
ANZ Sec. Inc. v. Giddens (In re Lehman Bros.)
Dec
14
2015
Ruling
Contribution and reimbursement claims of junior underwriters properly subordinated to claims of general unsecured creditors of lead underwriter.
Issue(s)
What was the proper priority to be assigned to claims by junior underwriters for contribution or reimbursement in the Lehman Brothers bankruptcy?
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Court
:
Judge or Jurisdiction information not available
Stapleton v. NewKey Grp. LLC (In re SGK Ventures LLC)
Nov
30
2015
Ruling
Loans made by entity controlled by debtor were subject to equitable subordination.
Issue(s)
Could loans made by entity controlled by insiders of debtor subject to equitable subordination?
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Court
:
- 11 U.S.C.
Durango Ga. Converting LLC v. Pension Benefit Guar. Corp. (In re Durango Ga. Paper Co.)
Oct
05
2015
Ruling
The Pension Benefit Guaranty Corporation was not an insider whose claim could be subordinated.
Issue(s)
Could claims filed by the Pension Benefit Guaranty Corporation be subordinated as owed to an insider of debtor?
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Court
:
- 11 U.S.C.
Dorula v. Holmes (In re Starlight Grp. LLC)
Jun
12
2015
Ruling
Claims filed by creditors who loaned money to the debtor LLC and were told that they had a security interest had priority over claims that were filed by an individual who controlled the LLC.
Issue(s)
Whether the claims of creditors who loaned money to the debtor in reliance on security agreements that were ineffective to grant liens on real property have priority over the unsecured claims of a creditor who was not an owner of the debtor but who controlled the debtor and knew that the security agreements were ineffective to grant liens on the debtor's real property?
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Court
: