Skip to main content
· 8/4/2010

Federal Communications Commission v. Airadigm Communications, Inc.

Citations

  • 616 F.3d 642
  • 64 Collier Bankr. Cas. 2d 775
  • 51 Communications Reg. (P&F) 214
  • 2010 U.S. App. LEXIS 16124
  • 53 Bankr. Ct. Dec. (CRR) 123
  • 2010 WL 3024876

How courts have described this case

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

  • “‘We will not bend the language of a contract to create an ambiguity . . . .’”
  • The character of a claim “focuses on the underlying substance of the disputed transaction . . . .”
  • “[WJhen a claim is equitably subordinated, a court disregards a party’s formal rights; when a claim is recharacterized, a court determines what those formal rights are in the first instance.”
  • “[W]hen a claim is equitably subordinated, a court disregards a party’s formal rights; when a claim is recharacterized, a court determines what those formal rights are in the first instance.”
  • “Recharacterization is a theory, adopted by the overwhelming majority of courts to have considered the question, that bankruptcy courts may place the proper label of ‘claim’ (generally, debt) or ‘interest’ (equity
  • “‘We will not bend the language of a contract to create an ambiguity where none exists, but neither will we follow a literal interpretation when to do so would lead to an unreasonable or absurd result.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Kanne, Evans, Dow

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.