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Cadleway Props. V. Andrews (In re Andrews)

Cadleway Props. V. Andrews (In re Andrews)

Ruling
Creditor's subrogation claim against debtor's spouse rendered moot by consummation of settlement agreement.
Procedural posture

Plaintiff creditor filed an adversary proceeding against defendant, the wife of a chapter 7 debtor, seeking an order under 11 U.S.C.S. § 510(c) which subordinated a claim the wife filed against her husband's bankruptcy estate to claims filed by other creditors. The bankruptcy court issued an order that subordinated the wife's claim, and the wife appealed. The district court reversed the bankruptcy court's order and remanded the case.

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Consumer opinion summary, case decided on April 02, 2009 , LexisNexis #0709-028