Legal Opinion
White Family Companies, Inc. v. PNC Bank (In re Dayton Title Agency, Inc.)
United States Bankruptcy Court, S.D. Ohio
Decided February 6, 2015No. Case No. 99-35768 Adv. No. 14-3093PublishedCited by 5 opinions
1Opinion of the Court
Decision Granting Defendant’s Motion to Dismiss Complaint
Guy R. Humphrey, United States Bankruptcy Judge
I. Introduction
The White Family Companies, Inc. (“WFC”), the holder of an allowed claim in this Chapter 7 case, filed a complaint seeking to equitably subordinate the claim of another creditor, PNC Bank (“PNC”),1 to all other non-priority unsecured creditors pursuant to § 510(c) of the Bankruptcy Code. PNC has moved to dismiss the complaint on three grounds: lack of standing, preclusion principles and failure to state a claim upon which relief can be granted. Because WFC lacks standing to…
2Cases cited38 opinions
- Ashcroft v. IqbalSupreme Court of the United States · 2009
- Bell Atlantic Corp. v. TwomblySupreme Court of the United States · 2007
- Texas v. United StatesSupreme Court of the United States · 1998
- Sanders Confectionery Products, Inc. v. Heller Financial, Inc.Court of Appeals for the Sixth Circuit · 1992
- In Re Mortgageamerica Corporation, Debtor. The American National Bank of Austin v. Mortgageamerica CorporationCourt of Appeals for the Fifth Circuit · 1983
33 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Merv Properties, L.L.C. v. Forcht Bancorp, Inc. (In re Merv Properties, L.L.C.)Bankruptcy Appellate Panel of the Sixth Circuit · 2015
- NM Enterprises, Inc. v. Harrington (In re Flying Star Cafes, Inc.)United States Bankruptcy Court, D. New Mexico · 2017
- In re: MERV Properties, LLC v.Bankruptcy Appellate Panel of the Sixth Circuit · 2015
- In re: Miguel Angel Rivera RosarioUnited States Bankruptcy Court, D. Puerto Rico · 2026
- Sigma Corporation v. Island Industries, Inc.District Court, W.D. Tennessee · 2023