Carter-Waters Oklahoma, Inc. v. Bank One Trust Co., N.A. (In Re Eufaula Industrial Authority)

How courts have described this case

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

• noting that successful equitable subordination claims are \few and far between\ in cases involving non-insiders or non-fiduciaries
• applying a de novo standard of review to the issue of whether the bankruptcy court used the proper legal standard when considering a claim for equitable subordination
• “If the claimant is an insider or a fiduciary, the party seeking equitable subordination need only show 'unfair' conduct.”
• A non-insider creditor generally owes no fiduciary or contractual duty to the other creditors of a debtor and must be found to have engaged in some conduct giving rise to a legally recognized duty to other creditors before its claim will be equitably subordinated.
• A non-insider creditor generally owes no fiduciary or contractual duty to the other creditors of a debtor and must be found to have engaged in some conduct giving rise to a legally recognized duly to other creditors before its claim will be equitably subordinated.

Source: CourtListener parenthetical corpus (CC0).