Katy Indus., In re--Official Comm. of Unsecured Creditors of Katy Indus. v. Victory Park Capital Advisors, LLC
Jul
06
2018
Ruling
Motion to dismiss granted where there was no plausible claim that the sale process wasimpaired and creditor failed to state a claim upon which relief could be granted. (Bankr. D.Del.)
Issue(s)
Subordination; Equitable Subordination.
ABI Membership is required to access the full summary of Katy Indus., In re--Official Comm. of Unsecured Creditors of Katy Indus. v. Victory Park Capital Advisors, LLC Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
EPD Inv. Co., In re--Rund v. Kirkland
Feb
17
2018
Ruling
Trustee was entitled to prevail upon his claim for equitable subordination. (Bankr. C.D. Cal.)
Issue(s)
Subordination; Equitable Subordination.
ABI Membership is required to access the full summary of EPD Inv. Co., In re--Rund v. Kirkland Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
East End Dev., LLC, In re--Post-Effective Date Comm. of the Estate of East End Dev., LLC v. Amalgamated Bank
Apr
04
2017
Ruling
Equitable subordination not warranted as the facts presented did not satisfy the standard for equitable subordination. (Bankr. E.D.N.Y.)
Issue(s)
Subordination; Equitable Subordination.
ABI Membership is required to access the full summary of East End Dev., LLC, In re--Post-Effective Date Comm. of the Estate of East End Dev., LLC v. Amalgamated Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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.
ABI Membership is required to access the full summary of In re Yoga Smoga, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
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?
ABI Membership is required to access the full summary of In re Aéropostale, Inc. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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?
ABI Membership is required to access the full summary of Stapleton v. NewKey Grp. LLC (In re SGK Ventures LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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?
ABI Membership is required to access the full summary of Dayton Title Agency Inc. v. PNC Bank Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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?
ABI Membership is required to access the full summary of In re McDaniel Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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?
ABI Membership is required to access the full summary of SAM REI LLC v. Contl Group LLC (In re Strata Title LLC) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
:
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?
ABI Membership is required to access the full summary of Garner v. Knoll Inc. (In re Tusa-Expo Holdings Inc.) Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court
: