Summit Coffee Co. v. Herby's Foods, Inc. (In Re Herby's Foods, Inc.)

How courts have described this case

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

• finding subordination proper only to extent necessary to offset the harm the creditors suffered as a result of the inequitable conduct
• \[U]ndercapitalization alone generally is insufficient to justify equitable subordination .... however ... the Insiders herein did more.\
• “[UJnderca-pitalization alone generally is insufficient to justify equitable subordination .... however ... the Insiders herein did more.”
• “[U]ndercapitalization alone generally is insufficient to justify equitable subordination .... however ... the Insiders herein did more.”
• insiders of debtor undercapitalized debtor, thereby harming unsecured creditors
• finding undercapitalization where no third-party was willing to lend

Source: CourtListener parenthetical corpus (CC0).