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§ 510(a)

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.

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

MB Indus., L.L.C., In re--Dooley v. MB Indus., L.L.C.

Ruling
Confirmed plan was binding as plan specifically dictated any claims resulting from the promissory note would be subordinated to all other general unsecured creditors and the insiders had not objected to the plan. (Bankr. W.D. La.)
Issue(s)
Subordination; Enforceability of Subordination Agreement.

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Commercial opinion summary, case decided on August 01, 2018 , LexisNexis #0918-042

Lehman Bros., In re--Giddens v. 344 Individuals

Ruling
Compensation claims filed by the creditor's former employees were subordinated to theclaims of general unsecured creditors by virtue of the plain language of the compensationagreements executed. (Bankr. S.D.N.Y.)
Issue(s)
Subordination; Enforceability of Subordination Agreement.

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Commercial opinion summary, case decided on July 13, 2017 , LexisNexis #0817-069

Stambaugh v. PNC Bank N.A. (In re Stambaugh)

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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Consumer opinion summary, case decided on March 03, 2015 , LexisNexis #0315-113

Pilot v. Alesco Preferred Funding XV Ltd. (In re First Baldwin Bancshares Inc.)

Ruling
Subordination agreement in favor of special purpose entity allowed.
Issue(s)
Was subordination agreement contained in note enforceable in favor of special purpose entity.

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Commercial opinion summary, case decided on September 30, 2013 , LexisNexis #1013-081

Fitness Intl LLC v. Buttermilk Towne Ctr. LLC (In re Buttermilk Towne Ctr. LLC)

Ruling
Creditor lessee could not offset rent obligations under rejected lease.
Procedural posture

Lessee sought a declaratory judgment permitting it to offset its post-rejection rent obligations to defendant, a chapter 11 debtor that leased retail space to the lessee, under a pre- petition subordination agreement pursuant to 11 U.S.C.S. § 510(a).

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Commercial opinion summary, case decided on December 30, 2010 , LexisNexis #0211-017