Resolved: The doctrine of in pari delicto should bar a trustee from recovering solely for the benefit of creditors.
Resolved: The above transaction is an avoidable fraudulent conveyance, and the original lenders may recover more than via a general unsecured claim.
A debtor engaged in an LME transaction in which the debtor received substantial liquidity by subordinating a debt secured by a first lien on the debtor’s principal assets to a new, more senior first lien. The debtor received desperately needed liquidity, but the subordination substantially impaired the recoveries received by the original first-lien lenders. A subsequent bankruptcy was filed within 18 months. Unsecured creditor recoveries will be 2%. The court determined that the subordination agreement violated the terms of the original loan agreements.