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Judgment Awarding Value of Withdrawing Member’s Interest in an LLC Subordinated
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Reno Fernandez
Jan 12 2015, 05:51 AMJudgment Awarding Value of Withdrawing Member’s Interest in an LLC Subordinated
In O’Donnell v. Tristar Esperanza Properties, LLC, BAP No. CC-12-1340-KIPaDu (9th Cir. BAP Mar. 8, 2013), the Ninth Circuit Bankruptcy Appellate Panel held that a judgment awarding the value of a withdrawing member’s interest in a limited liability company is vulnerable to mandatory subordination under Bankruptcy Code Section 510(b) as damages arising from the purchase or sale of a security.
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