Legal Opinion
Gernsbacher v. Campbell (In re Equipment Equity Holdings, Inc.)
United States Bankruptcy Court, N.D. Texas
Decided April 12, 2013No. Bankruptcy No. 09-38306-sgj-7; Adversary No. 11-03362-sgjPublishedCited by 4 opinions
1Opinion of the Court
AMENDED1 MEMORANDUM OPINION IN SUPPORT OF JUDGMENT: (1) DENYING PLAINTIFFS’ CLAIMS FOR (A) SUBORDINATION UNDER SECTION 510 AND (B) RE-CHARACTERIZATION; BUT (2) TREATING CERTAIN PLAIN-TIFFSISELLER NOTEHOLDERS AS PARI PASSU WITH THE DEFENDANTS/NEW NOTEHOLDERS
STACEY G. JERNIGAN, Bankruptcy Judge.
“Equity is a roguish thing. For law we have a measure, know what to trust to; Equity is according to the conscience of him that is Chancellor, and as that is larger or narrower, so is Equity.”
-John Selden2
*798The above-referenced adversary proceeding (“Adversary Proceeding”) involves the doctrines of…
2Cases cited46 opinions
- Pepper v. LittonSupreme Court of the United States · 1939
- 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 Missionary Baptist Foundation of America, Inc., Debtors. Robert B. Wilson, Trustee v. Robert G. HuffmanCourt of Appeals for the Fifth Circuit · 1983
- In the Matter of Fabricators, Inc., Debtor. Fabricators, Inc., Cross-Appellant v. Technical Fabricators, Inc., Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1991
- In Re Telegroup, Inc. Baroda Hill Investments, Ltd. Leheron Corporation, Ltd. Kimble John Winter v. Telegroup, IncCourt of Appeals for the Third Circuit · 2002
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3Cited by4 opinions
- Spradlin v. Whitt (In re Licking River Mining, LLC)United States Bankruptcy Court, E.D. Kentucky · 2017
- Dooley v. M B Industries L L CDistrict Court, W.D. Louisiana · 2019
- Leif M. Clark, Trustee of the Edgemere Litigation v. Intercity Investment Properties, Inc.United States Bankruptcy Court, N.D. Texas · 2024
- Leif M. Clark, Trustee of the Edgemere Litigation v. Intercity Investment Properties, Inc.United States Bankruptcy Court, N.D. Texas · 2025