Legal Opinion
In Re Insilco Technologies, Inc., Debtors. Chad Shandler, as Trustee to the Insilco Liquidating Trust
Court of Appeals for the Third Circuit
Decided March 20, 2007No. 06-2162PublishedCited by 21 opinions
1Opinion of the Court
OPINION OF THE COURT
AMBRO, Circuit Judge.
This appeal arises out of the claim allowance process in a Chapter 11 bankruptcy liquidation. 1 Specifically, a liquidating trustee appeals an order dismissing his objections to a proof of claim. It is common practice in bankruptcy cases for parties-in-interest to attack the validity and priority of the claims of creditors higher in the pecking order than they. Two of the most common attacks are “recharacterization” (seeking to treat an asserted debt as an equity interest) and “equitable subordination” (seeking to subordinate a claim’s priority because…
2Cases cited13 opinions
- Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
- Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
- Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
- Kass v. KassNew York Court of Appeals · 1998
- Mellon Bank, N.A. v. Metro Communications, Inc.Court of Appeals for the Third Circuit · 1991
8 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
- Federal Communications Commission v. Airadigm Communications, Inc.Court of Appeals for the Seventh Circuit · 2010
- 15375 Memorial Corp. v. BEPCO, L.P.Court of Appeals for the Third Circuit · 2009
- Goodman v. H.I.G. Capital, LLC (In re Gulf Fleet Holdings, Inc.)United States Bankruptcy Court, W.D. Louisiana · 2013
- Lightsway Litigation Services, LLC v. Yung (In re Tropicana Entertainment, LLC)United States Bankruptcy Court, D. Delaware · 2014
16 more not listed; retrieve them via the Exa API.