Legal Opinion
In re Lifschultz Fast Freight
Court of Appeals for the Seventh Circuit
Decided December 10, 1997No. 96-1362PublishedCited by 63 opinions
1Opinion of the Court
CUDAHY, Circuit Judge.
In a case under chapter 7 of the Bankruptcy Code, the trustee requested the bankruptcy court to equitably subordinate a creditor’s secured claim that was based on the creditor’s loan to the debtor. Equitable subordination of a claim moves the creditor down in the order of payment out of the assets in the bankruptcy estate, generally reducing (or eliminating) the amount the creditor can recover. In this case, the trustee argued that the loan should be treated as a capital contribution (i.e., as equity) because it was made by insiders of the debtor, the debtor was…
2Cases cited34 opinions
- Anderson v. City of Bessemer CitySupreme Court of the United States · 1985
- Pepper v. LittonSupreme Court of the United States · 1939
- Meinhard v. SalmonNew York Court of Appeals · 1928
- Kimball Laundry Co. v. United StatesSupreme Court of the United States · 1949
- Kham & Nate's Shoes No. 2, Inc., Debtor-Appellee v. First Bank of WhitingCourt of Appeals for the First Circuit · 1990
29 more not listed; retrieve them via the Exa API.
3Cited by63 opinions
- Eastern Minerals & Chemicals Co. Cary W. Ahl, Sr. v. Gary H. MahanCourt of Appeals for the Third Circuit · 2000
- Schubert v. Lucent Technologies Inc. (In Re Winstar Communications, Inc.)Court of Appeals for the Third Circuit · 2009
- Freeland v. Enodis Corp.Court of Appeals for the Seventh Circuit · 2008
- Wachovia Securities, LLC v. Banco Panamericano, Inc.Court of Appeals for the Seventh Circuit · 2012
- John P. Kennedy v. Venrock AssociatesCourt of Appeals for the Seventh Circuit · 2003
58 more not listed; retrieve them via the Exa API.