Legal Opinion

McChesney v. Owoc (In Re Shelter Enterprises, Inc.)

United States Bankruptcy Court, W.D. Pennsylvania

Decided May 10, 1989No. 19-20904PublishedCited by 16 opinions

1Opinion of the Court

MEMORANDUM OPINION

BERNARD MARKOVITZ, Bankruptcy Judge.

Before the Court is a Complaint by Plaintiff, an unsecured creditor (hereinafter “Chapel Gate”), requesting that the claims of Defendants, secured creditors (hereinafter the “Owocs”), be equitably subordinated to all other allowed claims against Debtor, pursuant to § 510(c) of the Bankruptcy Code. Specifically, Chapel Gate claims that the monies advanced by the Owocs to Debtor were not advanced as loans, but rather were purchases of equity interests. Chapel Gate further contends that the Defendants acted improperly and wrongfully, to the…

2Cases cited10 opinions

Pepper v. LittonSupreme Court of the United States · 1939
Vanston Bondholders Protective Committee v. GreenSupreme Court of the United States · 1947
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
In the Matter of Multiponics, Incorporated, Bankrupt. MacHinery Rental, Inc. And Carl Biehl v. William W. Herpel, TrusteeCourt of Appeals for the Fifth Circuit · 1980
In Re Properties, Inc.Court of Appeals for the Eleventh Circuit · 1986

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

3Cited by16 opinions

In Re Robert D. Johnson, Debtor. Canal Corporation, General Partner of the Limited Partnership of the October 18, 1973 Group the October 30, 1973 Group the November 30, 1973 Group the November 15, 1973 Group the December 10, 1973 Group the December 11, 1973 Group the December 14, 1973 Group the January 7, No. 91-1403 1974 Group the January 11, 1974 Group the January 31, 1974 Group Resource Evaluation & Development, Incorporated, General Partner of the Limited Partnership of the February 8, 1974 Group the February 15, 1974 Group the March 5, 1974 Group the March 11, 1974 Group the March 29, 1974 Group the April 14, 1974 Group the April 5, 1974 Group v. Robert E. Finnman Gerald L. Sacks Leonard Henschel Mrs. Leonard Henschel Carl Starnes Mrs. Carl Starnes Robert W. Froehlich Alan B. Svedlow Thomas W. Gilliam, Jr. Ruth Swart Young Frederick M. Sorrell, Jr. Richard B. Hudson Mrs. Richard B. Hudson William A. Gore Mrs. William A. Gore, and Lenora Johnson Brown Vail Pischke v. Bruce Goldstein, TrusteeCourt of Appeals for the Fourth Circuit · 1992
80 Nassau Associates v. Crossland Federal Savings Bank (In Re 80 Nassau Associates)United States Bankruptcy Court, S.D. New York · 1994
In Re Sal Caruso Cheese, Inc.United States Bankruptcy Court, N.D. New York · 1989
Webster v. Barbara (In Re Otis & Edwards, P.C.)United States Bankruptcy Court, E.D. Michigan · 1990
First City Beaumont v. Durkay (In Re Ford)Court of Appeals for the Fifth Circuit · 1992

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