Unsecured Creditors' Committees of Pacific Express, Inc. v. Pioneer Commercial Funding Corp. (In Re Pacific Express, Inc.)

How courts have described this case

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

• must prove “gross misconduct tantamount to ‘fraud, overreaching or spoliation to the detriment of others.’ ” [citations omitted.]
• the claimant must have engaged in some type of inequitable conduct to support the equitable subordination of a claim
• no specific provision of the Bankruptcy Code that allows courts to recharacterize claims
• following In re Pacific Express

Source: CourtListener parenthetical corpus (CC0).