Legal Opinion

In Re Insilco Technologies, Inc.

Court of Appeals for the Third Circuit

Decided March 20, 2007No. 06-2162PublishedCited by 1 opinion

1Opinion of the Court

OPINION OF THE COURT

AMBRO, Circuit Judge.

This appeal arises out of the claim allowance process in a Chapter 11 bankruptcy liquidation. 1 Specifically, a liquidating trustee appeals an order dismissing his objections to a proof of claim. It is common practice in bankruptcy cases for parties-in-interest to attack the validity and priority of the claims of creditors higher in the pecking order than they. Two of the most common attacks are “recharacterization” (seeking to treat an asserted debt as an equity interest) and “equitable subordination” (seeking to subordinate a claim’s priority because…

2Cases cited13 opinions

  1. Pioneer Investment Services Co. v. Brunswick Associates Ltd. PartnershipSupreme Court of the United States · 1993
  2. Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
  3. Bank of America National Trust & Savings Ass'n v. 203 North LaSalle Street PartnershipSupreme Court of the United States · 1999
  4. Kass v. KassNew York Court of Appeals · 1998
  5. Mellon Bank, N.A. v. Metro Communications, Inc.Court of Appeals for the Third Circuit · 1991

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3Cited by1 opinion

  1. Cinar v. R&G Brenner Income Tax, LLCDistrict Court, E.D. New York · 2024

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