In Re Poughkeepsie Hotel Associates Joint Venture
United States Bankruptcy Court, S.D. New York
1Opinion of the Court
DECISION ON MOTION TO STRIKE DEFENSE OF EQUITABLE-SUBORDINATION
JEREMIAH E. BERK, Bankruptcy Judge.
This is a motion pursuant to Fed.R.Civ.P. 12(f) by Goldome Realty Credit Corporation (“GRCC”) to strike the defense of equitable subordination, interposed by The Turner Corporation and Turner Construction Company (“Turner”) in opposition to GRCC’s motion for relief from the automatic stay under § 362(d) of the Bankruptcy Code (“Code”).
I. FINDINGS OF FACT
On April 11, 1991, Turner filed an involuntary petition for liquidation under Chapter 7 against Poughkeepsie Hotel Associates Joint Venture…
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