· 5/30/1979
In Re Mid-Town Produce Terminal, Inc., Bankrupt. G. J. Sinclair v. James R. Barr, Trustee
Citations
- 599 F.2d 389
- 20 Collier Bankr. Cas. 2d 647
- 1979 U.S. App. LEXIS 14374
- 5 Bankr. Ct. Dec. (CRR) 759
- 20 Collier Bankr. Cas. 647
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that, “loans by majority shareholders will not be subordinated to claims of other creditors absent inequitable conduct.... To hold that the debt may be subordinated on that basis alone would discourage owners from trying to salvage a business.”
- “Because there is incentive and opportunity to take advantage, dominant shareholders and other insiders’ loans in a bankruptcy situation are subject to special scrutiny.”
- similarly allocating the burden of proof
Source: CourtListener parenthetical corpus (CC0).
Judges: Holloway, Doyle, Logan
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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