IN RE LUDWIG HONOLD MFG. CO.

Bankruptcy No. 81-04610G, Adv. No. 83-0093G.

30 B.R. 790 (1983)

In re LUDWIG HONOLD MANUFACTURING COMPANY, Debtor. INTERNATIONAL UNION, UNITED AUTOMOBILE, AEROSPACE AND AGRICULTURAL IMPLEMENT WORKERS OF AMERICA, and its Local No. 585, Plaintiffs, v. LUDWIG HONOLD MANUFACTURING COMPANY, and Fred Zimmerman, Trustee in Bankruptcy of Ludwig Honold Manufacturing Company, and Central Penn National Bank, Defendants.

United States Bankruptcy Court, E.D. Pennsylvania.

June 27, 1983.


Attorney(s) appearing for the Case

Paula R. Markowitz, Andrew L. Markowitz, Philadelphia, Pa., for plaintiff, International Union, United Automobile, Aerospace and Agricultural Implement Workers of America, and its Local No. 585.

John J. Lamb, Philadelphia, Pa., for the defendant/debtor, Ludwig Honold Manufacturing Co.

Melvin Lashner, Philadelphia, Pa., for defendant, Fred Zimmerman, Trustee in Bankruptcy of Ludwig Honold Manufacturing Co.

Robert A. Kargen, White & Williams, Philadelphia, Pa., for defendant, Central Penn Nat. Bank.

Nancy V. Alquist, Clark, Ladner, Fortenbaugh & Young, Philadelphia, Pa., for the Creditors' Committee.


OPINION

WILLIAM A. KING, Jr., Bankruptcy Judge:

The issue in the case sub judice is whether a general creditor can seek to equitably subordinate a claim of another creditor where the trustee in bankruptcy has instituted a complaint to do same. We conclude that because the trustee has filed an equitable subordination complaint against the creditor in question requesting relief similar to that prayed for by the general creditor in all counts of its...

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