United States Ninth Circuit

In bankruptcy proceedings involving a claim against a bankrupt corporation by a former business consultant to bankruptcy debtors, a court of appeals decision reversing a finding that the claim at issue was a debt not subject to subordination is reversed because the consultant, as the holder of a money judgment, should be regarded as a creditor, as opposed to a shareholder subject to subordination pursuant to 11 U.S.C. section 510(b).

Appellate Information

• Argued 07/24/2006
• Decided 06/28/2007
• Published 06/28/2007

Judges

• Before:  PROCTER HUG, GILBERT S. MERRITT, and RICHARD A. PAEZ, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellees:
  
• David N. Frederick, Dennis L. Kennedy, Sarah E. Harmon, Jennifer A. Smith, Lionel Sawyer & Collins, Las Vegas, NV, for the defendant-appellant., Gerald M. Gordon, Thomas H. Fell, Ambrish S. Sidhu, Gordo & Silver, Las Vegas, NV, for the plaintiffs-appellees.