· 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 CourtListenerSourced 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.