Aquino v. Black (In Re Atlanticrancher, Inc.)

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that advance to undercapitalized debtor characterized as a loan, but which gave insider pervasive control over the debtor’s operation and a right to convert the advance into a forty-seven percent equity interest at any time over a ten-year period, was an equity investment
• deciding a transaction was equity when holder of convertible promissory note had “extraordinary ability to direct the company’s affairs” and “was extremely involved in the daily operations of the [d]ebtor”
• “[I]f this Court were to rely upon the two N & D Properties factors alone, the Trustee would prevail on his recharacterization count.”

Source: CourtListener parenthetical corpus (CC0).