§ 510(c)

S-Tek 1, LLC, In re--S-Tek 1, LLC v. Surv-Tek, Inc.

Ruling: 
Creditor did not engage in inequitable conduct that warranted subordination as the evidencedid not establish that the creditor intentionally misrepresented information or deliberatelydemoralized the debtor's workforce. (Bankr. D.N.M.)
ABI Membership is required to access the full summary of S-Tek 1, LLC, In re--S-Tek 1, LLC v. Surv-Tek, Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on June 13,2022, LexisNexis #0822-005

Zohar III, Corp., In re--Tilton v. MBIA Inc.

Ruling: 
Complaint for equitable subordination was dismissed as the complaint failed to allegesufficient facts that defendants acted inequitably. (Bankr. D. Del.)
ABI Membership is required to access the full summary of Zohar III, Corp., In re--Tilton v. MBIA Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on March 25,2022, LexisNexis #0522-056

Brooks, In re--Brooks v. Strategic Funding Source, Inc.

Ruling: 
Bank's security interest was not equitably subordinated as the factor failed to show anymisconduct on behalf of the bank. (Bankr. C.D. Ill.)
ABI Membership is required to access the full summary of Brooks, In re--Brooks v. Strategic Funding Source, Inc.. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on August 14,2020, LexisNexis #0920-084

4218 Partners LLC v. McGuire Ft. Hamilton LLC (In re 4218 Partners LLC)

Ruling: 
Debtor failed to state a claim for equitable subordination. (Bankr. E.D.N.Y.)
ABI Membership is required to access the full summary of 4218 Partners LLC v. McGuire Ft. Hamilton LLC (In re 4218 Partners LLC). Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Court: Judge or Jurisdiction information not available
Commercial case opionion summary, case decided on August 17,2020, LexisNexis #0920-085

Lane, In re--Lane v. Dean

Ruling: 
Equitable subordination of creditors' claim was appropriate where creditor continued topursue abusive litigation tactics all while refusing payment. (Bankr. W.D. Ky.)
ABI Membership is required to access the full summary of Lane, In re--Lane v. Dean. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Consumer case opionion summary, case decided on February 27,2020, LexisNexis #0420-036

Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK

Ruling: 
Evidence offered by chapter 7 trustee was sufficient to avoid motion for summary judgment on the trustee's allegation that a claim UK corporation filed against the debtor's estate had to be subordinated to claims filed by other creditors as one of the UK corporation's principals breached his fiduciary duties. (Bankr. D. Kan.)
ABI Membership is required to access the full summary of Lister-Petter Ams., Inc., In re--Morris v. Gordian Trading Ltd. UK. Please sign in if you are already an ABI member, or otherwise you may Become an ABI Member
Commercial case opionion summary, case decided on September 21,2018, LexisNexis #1118-040

Katy Indus., In re--Official Comm. of Unsecured Creditors of Katy Indus. v. Victory Park Capital Advisors, LLC

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.)
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
Commercial case opionion summary, case decided on July 06,2018, LexisNexis #0818-066

EPD Inv. Co., In re--Rund v. Kirkland

Ruling: 
Trustee was entitled to prevail upon his claim for equitable subordination. (Bankr. C.D. Cal.)
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
Commercial case opionion summary, case decided on February 17,2018, LexisNexis #0418-010

East End Dev., LLC, In re--Post-Effective Date Comm. of the Estate of East End Dev., LLC v. Amalgamated Bank

Ruling: 
Equitable subordination not warranted as the facts presented did not satisfy the standard for equitable subordination. (Bankr. E.D.N.Y.)
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
Commercial case opionion summary, case decided on April 04,2017, LexisNexis #0517-041

In re Yoga Smoga, Inc.

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.)
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
Commercial case opionion summary, case decided on December 19,2016, LexisNexis #0117-100

Pages

Subscribe to § 510(c)