Legal Opinion
Pensco Trust Co. v. Tristar Esperanza Properties, LLC
Court of Appeals for the Ninth Circuit
Decided April 2, 2015No. 13-60023PublishedCited by 22 opinions
1Opinion of the Court
OPINION
OWENS, Circuit Judge:
Jane O’Donnell 1 challenges the ■ decisions of the bankruptcy court and the Bankruptcy Appellate Panel (BAP) that her claim based on a minority membership interest in the debtor, Tristar Esperanza Properties, LLC (Tristar), is subject to mandatory subordination under the Bankruptcy Code. Before the bankruptcy petition was filed, Tristar failed to pay O’Donnell the amount an arbitrator awarded for the repurchase of her membership interest, and O’Donnell sought and received a money judgment for that amount' in state court. Because the claim is “for damages arising…
2Cases cited13 opinions
- New Hampshire v. MaineSupreme 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
- Red Ball Motor Freight, Inc. v. Employers Mut. Liability Ins. Co. Of WisconsinCourt of Appeals for the Fifth Circuit · 1951
- Continental Casualty Company v. City of Richmond, a Municipal Corporation, and Mead Reinsurance Company, Defendant-In-Intervention-AppellantCourt of Appeals for the Ninth Circuit · 1985
- Birdsall v. CoolidgeSupreme Court of the United States · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Jeremy Revitch v. Directv, LLCCourt of Appeals for the Ninth Circuit · 2020
- Adler v. Lehman Bros. Holdings Inc. (In re Lehman Bros. Holdings Inc.)Court of Appeals for the Second Circuit · 2017
- Border Infrastructure Envtl. Litig. v. U.S. Dep't of Homeland Sec.Court of Appeals for the Ninth Circuit · 2019
- Zafar Khan v. Kenneth BartonCourt of Appeals for the Ninth Circuit · 2017
- Ltc of William Del Biaggio III v. David FreemanCourt of Appeals for the Ninth Circuit · 2016
17 more not listed; retrieve them via the Exa API.