In the Matter of Fabricators, Inc., Debtor. Fabricators, Inc., Cross-Appellant v. Technical Fabricators, Inc., Cross-Appellee

How courts have described this case

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

• recognizing that equitable subordination is to be invoked according to case law in existence at the time of § 510's enactment
• noting that control of the debtor is sufficient for insider status, even absent other formal relationships, such as shareholder status
• finding that interference with the completion of a contract to gain preferential payments and a release from liability amounted to inequitable conduct
• applying equitable subordination to secured Dover Corp., 790 S.W.2d 559, 562 (Tex. 1990); City of creditor's claims in bankruptcy proceeding
• requiring evidence of inequitable conduct in addition to undercapitalization by insider secured creditor
• insider creditor acted inequitably when it induced other creditors to extend credit to debtor, where insider knew debtor was in financial trouble

Source: CourtListener parenthetical corpus (CC0).