International Union, United Automobile, Aerospace & Agricultural Implement Workers v. Ludwig Honold Manufacturing Co. (In Re Ludwig Honold Manufacturing Co.)

OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge:

The issue in the case sub judice is whether a general creditor can seek to equitably subordinate a claim of another creditor where the trustee in bankruptcy has instituted a complaint to do same. We conclude that because the trustee has filed an equitable subordination complaint against the creditor in question requesting relief similar to that prayed for by the general creditor in all counts of its amended complaint, the general creditor lacks standing to maintain a similar action and, therefore, its complaint will be dismissed.

The facts of the…