Legal Opinion
In Re Alta+ Cast, LLC
United States Bankruptcy Court, D. Delaware
Decided October 24, 2003No. 17-12704PublishedCited by 13 opinions
1Opinion of the Court
OPINION 1
MARY F. WALRATH, Bankruptcy Judge.
Before the Court is the Debtor’s objection to and Motion to subordinate the claim of Mark Hays (“Hays”). The Debtor asserts that Hays’ claim must be subordinated pursuant to sections 510(a) and (b) of the Bankruptcy Code because it is based on the breach of an agreement to repurchase Hays’ ownership interest in the Debtor. Hays asserts that his claim is not based on a contract to purchase equity, but is instead based on damages stemming from the Debtor’s breach of his employment contract. For the following reasons, we sustain the Debtor’s objection…
2Cases cited5 opinions
- Daniels v. United StatesSupreme Court of the United States · 2001
- In Re Telegroup, Inc. Baroda Hill Investments, Ltd. Leheron Corporation, Ltd. Kimble John Winter v. Telegroup, IncCourt of Appeals for the Third Circuit · 2002
- Mark Scully v. Us Wats, Inc. Kevin O'hare, Individually and in His Capacity as President of Us Wats Aaron Brown, Individually and in His Capacity as Chairman of the Board of Directors of Us Wats Stephen Parker, Individually and in His Capacity as Executive Vice-President of Us WatsCourt of Appeals for the Third Circuit · 2001
- Trosky v. Civil Service CommissionSupreme Court of Pennsylvania · 1995
- Commonwealth, Department of Transportation v. BrozzettiCommonwealth Court of Pennsylvania · 1996
3Cited by13 opinions
- SeaQuest Diving, LP v. S&J Diving, Inc. (In Re SeaQuest Diving, LP)Court of Appeals for the Fifth Circuit · 2009
- Racusin v. American Wagering, Inc.Court of Appeals for the Ninth Circuit · 2007
- Official Committee of Unsecured Creditors & Mobile Tool International, Inc. v. American Capital Financial Services, Inc. (In Re Mobile Tool International, Inc.)United States Bankruptcy Court, D. Delaware · 2004
- Racusin v. American Wagering, Inc. (In Re American Wagering, Inc.)Court of Appeals for the Ninth Circuit · 2006
- In Re Unbreakable Nation Co.United States Bankruptcy Court, E.D. Pennsylvania · 2010
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