Legal Opinion

Official Committee of Unsecured Creditors of AppliedTheory Corp. v. Halifax Fund, L.P. (In Re AppliedTheory Corp.)

District Court, S.D. New York

Decided June 22, 2006No. 05 Civ. 10183(DLC)PublishedCited by 7 opinions

1Opinion of the Court

OPINION & ORDER

COTE, District Judge.

This bankruptcy appeal raises the question of whether a creditor’s committee may bring an equitable subordination claim without first receiving court approval. It may not. The ruling of the Bankruptcy Court is affirmed.

Background,

The debtors in this action are Ap-pliedTheory Corporation and related entities (“Debtors”). On April 17, 2002, the Debtors filed a voluntary petition for relief under Chapter 11 of the Bankruptcy Code. 11 U.S.C. § 1101 et seq. The Debtors initially continued to operate their businesses as debtors and debtors-in-possession. Within…

2Cases cited9 opinions

  1. United States v. NolandSupreme Court of the United States · 1996
  2. In Re Arochem CorporationCourt of Appeals for the Second Circuit · 1999
  3. In Re Stn EnterprisesCourt of Appeals for the Second Circuit · 1985
  4. In Re Commodore International Ltd.Court of Appeals for the Second Circuit · 2001
  5. Official Committee of Unsecured Creditors v. Austin Financial Services, Inc. (In Re KDI Holdings, Inc.)United States Bankruptcy Court, S.D. New York · 1999

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3Cited by7 opinions

  1. Enron Corp. v. Springfield Associates, L.L.C. (In Re Enron Corp.)District Court, S.D. New York · 2007
  2. Adelphia Recovery Trust v. Bank of America, N.A.District Court, S.D. New York · 2008
  3. LightSquared LP v. SP Special Opportunities LLC (In re LightSquared Inc.)United States Bankruptcy Court, S.D. New York · 2014
  4. Elway Co. v. Miller (In Re Elrod Holdings Corp.)United States Bankruptcy Court, D. Delaware · 2008
  5. Krohn v. Burton (In re Swift)United States Bankruptcy Court, E.D. New York · 2013

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

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