Legal Opinion

O'Donnell v. Tristar Esperanza Properties, LLC (In Re Tristar Esperanza Properties, LLC)

United States Bankruptcy Appellate Panel for the Ninth Circuit

Decided March 8, 2013No. BAP CC-12-1340-KlPaDu; Bankruptcy SA 11-21095-TA; Adversary SA 12-01041-TAPublishedCited by 13 opinions

1Opinion of the Court

OPINION

KLEIN, Bankruptcy Judge.

This is a mandatory subordination case. The “damages” clause of 11 U.S.C. § 510(b) mandates subordination of claims for “damages arising from the purchase or sale” of a security of the debtor. The bankruptcy court concluded that § 510(b) mandatory subordination applies to the claim of appellant, who withdrew as a member of the debtor limited liability company (“LLC”) and obtained a judgment valuing her equity interest after the LLC did not honor a provision in its operating agreement requiring buy-back of the withdrawing member’s interest.

We agree with the…

2Cases cited19 opinions

  1. United States v. Ron Pair Enterprises, Inc.Supreme Court of the United States · 1989
  2. New Hampshire v. MaineSupreme Court of the United States · 2001
  3. Lamie v. United States TrusteeSupreme Court of the United States · 2004
  4. Lawrence Hamilton v. State Farm Fire & Casualty Company, an Illinois Corporation David's Restaurant SupplyCourt of Appeals for the Ninth Circuit · 2001
  5. In Re Telegroup, Inc. Baroda Hill Investments, Ltd. Leheron Corporation, Ltd. Kimble John Winter v. Telegroup, IncCourt of Appeals for the Third Circuit · 2002

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3Cited by13 opinions

  1. Adler v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.)Court of Appeals for the Second Circuit · 2017
  2. Pensco Trust Co. v. Tristar Esperanza Properties, LLCCourt of Appeals for the Ninth Circuit · 2015
  3. In re Lehman Bros. Holdings Inc.United States Bankruptcy Court, S.D. New York · 2014
  4. In re: Zafar David Khan Terrance Alexander TomkowUnited States Bankruptcy Appellate Panel for the Ninth Circuit · 2014
  5. Orange County Nursery, Inc. v. Minority Voting Trust (In re Orange County Nursery, Inc.)District Court, C.D. California · 2014

8 more not listed; retrieve them via the Exa API.

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