Legal Opinion
Wooley v. Faulkner (In Re SI Restructuring, Inc.)
Court of Appeals for the Fifth Circuit
Decided June 20, 2008No. 07-50872PublishedCited by 28 opinions
1Opinion of the Court
W. EUGENE DAVIS, Circuit Judge:
This is an appeal from a district court order affirming a bankruptcy court’s order invoking equitable subordination pursuant to 11 U.S.C. § 510(c), which effectively converted secured claims filed by the Appellants, John and Jeffrey Wooley, to unsecured claims for the purpose of any distributions. Because we conclude that the Trustee did not demonstrate that Appellants’ loans to the debtor harmed either the debtor or the general creditors, subordination of Appellants’ claims was inappropriate, and we reverse the subordination order and render judgment in favor…
2Cases cited21 opinions
- In the Matter of Mobile Steel Company, Debtor. Elaine E. Benjamin v. Lester Y. Diamond, as Trustee in Bankruptcy for Mobile Steel, Inc.Court of Appeals for the Fifth Circuit · 1977
- Official Committee of Unsecured Creditors v. R.F. Lafferty & Co., Inc. Cogen Sklar, L.L.PCourt of Appeals for the Third Circuit · 2001
- Robertson v. Dennis (In Re Dennis)Court of Appeals for the Fifth Circuit · 2003
- In the Matter of Fabricators, Inc., Debtor. Fabricators, Inc., Cross-Appellant v. Technical Fabricators, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
- In Re: Citx Corporation, Inc., Debtor. Gary Seitz, Chapter 7 Trustee for Citx Corporation, Inc. v. Detweiler, Hershey and Associates, P.C. Robert Schoen, C.P.ACourt of Appeals for the Third Circuit · 2006
16 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Life Partners Creditors' Trust v. Cowley (In Re Life Partners Holdings, Inc.)Court of Appeals for the Fifth Circuit · 2019
- Torch Liquidating Trust Ex Rel. Bridge Associates L.L.C. v. StockstillCourt of Appeals for the Fifth Circuit · 2009
- Think3 Litigation Trust v. Zuccarello (In re Think3, Inc.)United States Bankruptcy Court, W.D. Texas · 2015
- Wooley v. Faulkner (In Re SI Restructuring, Inc.)Court of Appeals for the Fifth Circuit · 2008
- In Re Jack Kline Co., Inc.United States Bankruptcy Court, S.D. Texas · 2010
23 more not listed; retrieve them via the Exa API.