In re Shells Seafood Restaurant, Inc.

ORDER AND MEMORANDUM OPINION ON UNITED STATES TRUSTEE’S OMNIBUS OBJECTION TO CLAIM NOS. 139-1, 243-1, AND 350-1 OF JM PARTNERS LLC

Catherine McEwen, U.S. Bankruptcy Court Judge

“To be, or not to be, that is the question.” 1 In Shakespeare’s most famous soliloquy, Hamlet contemplates his continued existence. Reframed in the context of priority claims in bankruptcy, Shakespeare could have easily penned these words instead: To be a subrogee or to be an assignee? In this contested matter, that is the question — because *tis nobler in terms of priority to exist as an assignee rather than suffer the…