Wolff v. Waverly View Investors LLC (In re RGHGAB at Frederick LLC)
Apr
24
2012
Ruling
Claim of LLC created by owner of LLC that created debtor LLC to purchase secured debtor was not subject to equitable subordination.
Procedural posture
Chapter 7 trustee filed an adversary proceeding against defendant creditors, seeking a determination that a claim one of the creditors filed against an LLC's ("debtor's") bankruptcy estate was subject to equitable subordination under 11 U.S.C.S. § 510(c). The creditor opposed the trustee's action and filed a motion under 11 U.S.C.S. § 362 for relief from the automatic stay.
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Court
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