- 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
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Templeton v. OCheskey (In re Am. Hous. Found.)
Apr
28
2015
Ruling
Investor's claims properly subordinated because the claims were for damages arising from the purchase or sale of a security of an affiliate of the debtor.
Issue(s)
Were creditor's claims based on investment in debtor's low-income housing projects properly subordinated as arising from the purchase or sale of a security?
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Court
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Judge or Jurisdiction information not available
Pensco Trust Co. v. Tristar Esperanza Props. LLC (In re Tristar Esperanza Props. LLC)
Apr
02
2015
Ruling
Claim for arbitration award arising from the purchase or sale of securities properly subordinated.
Issue(s)
Was claim based on a minority membership interest in debtor LLC properly subjected to mandatory subordination?
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Court
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Judge or Jurisdiction information not available
Stambaugh v. PNC Bank N.A. (In re Stambaugh)
Mar
03
2015
Ruling
Equitable subordination of mortgage debt was not available to creditor based on terms of subordination agreement.
Issue(s)
Was mortgagee entitled to equitable subordination of its junior loan based on debtor's alleged taking advantage of an error in issuing the loan as well as the terms of a subordination agreement?
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Court
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Dayton Title Agency Inc. v. PNC Bank
Feb
05
2015
Ruling
Creditor family company that had been ordered to turnover funds from fraudulent transfer lacked standing to seek subordination of bank's unsecured claim to all other unsecured claims.
Issue(s)
Was creditor with an allowed claim in a chapter 7 case entitled to an order to equitably subordinate the claim of another creditor to all other non-priority unsecured creditors?
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Court
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In re Energy Conversion Devices Inc.
Jan
30
2015
Ruling
Investor's claim for breach of fiduciary duty allowed but subordinated to claims of non-equity holders.
Issue(s)
Was creditor's claim one for damages arising from the purchase or sale of a security, which would be required to be subordinated to claims of non-equity holders?
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Court
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In re McDaniel
Dec
19
2014
Ruling
Equitable subordination of lender's interest in property after foreclosure by lender's affiliate was not appropriate.
Issue(s)
Should lender's interest in debtor's property be equitably subordinated following foreclosure by lender's affiliate?
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Court
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SAM REI LLC v. Contl Group LLC (In re Strata Title LLC)
Nov
25
2014
Ruling
Court-appointed special counsel had quasi-judicial immunity on claims for breaches of fiduciary duty to the estate and duty of candor to the court.
Issue(s)
Was court-appointed special counsel entitled to quasi-judicial immunity on claims of breach of fiduciary duty and duty of candor to court?
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Court
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Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.)
Oct
08
2014
Ruling
Trustee could pursue bankruptcy causes of action in bankruptcy court arising out of same facts and occurrences as actions previously filed by debtor's principal in state court.
Issue(s)
Did rule against claim splitting bar trustee from asserting cause of action based on same facts alleged by debtor's principal in state court action?
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Court
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In re MPM Silicones LLC
Sep
09
2014
Ruling
Claims of senior note-holders properly subordinated to claims of second lien holders.
Issue(s)
What was proper treatment of claims of senior note holders and second lien holders in debtor's plan?
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Court
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